H.B. 185

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INDIAN AFFAIRS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: James R. Gowans
5 AN ACT RELATING TO INDIAN AFFAIRS; REQUIRING REPORTS TO LEGISLATURE
6 CONCERNING INDIAN ISSUES BE MADE TO THE NATIVE AMERICAN LEGISLATIVE
7 LIAISON COMMITTEE; AND MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 9-9-107, as renumbered and amended by Chapter 241, Laws of Utah 1992
11 9-9-405, as last amended by Chapter 243, Laws of Utah 1996
12 9-10-107, as enacted by Chapter 341, Laws of Utah 1995
13 63-88-102, as last amended by Chapter 4, Laws of Utah 1993
14 63-88-105, as last amended by Chapter 4, Laws of Utah 1993
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 9-9-107 is amended to read:
17 9-9-107. Annual report.
18 The division shall submit [to the department, to the governor, and to the Legislature] an
19 annual report of its operations and recommendations[.] to:
20 (1) the department;
21 (2) the governor; and
22 (3) the Native American Legislative Liaison Committee created in Section 36-22-1.
23 Section 2. Section 9-9-405 is amended to read:
24 9-9-405. Review committee.
25 (1) There is created a Native American Remains Review Committee.
26 (2) (a) The review committee shall be composed of seven members[,] as follows:
27 (i) four [of whom] shall be appointed by the division director from nominations submitted

1 by Indian tribes[,]; and
2 (ii) three [of whom] shall be appointed by the division director from nominations
3 submitted by representatives of repositories.
4 (b) Except as required by Subsection (2)(c), as terms of current committee members
5 expire, the division director shall appoint each new member or reappointed member to a four-year
6 term.
7 (c) Notwithstanding the requirements of Subsection (2)(b), the division director shall, at
8 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
9 committee members are staggered so that approximately half of the committee is appointed every
10 two years.
11 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
12 appointed for the unexpired term.
13 (e) (i) [Members] A member shall receive no compensation or benefits for [their] the
14 member's services, but may receive per diem and expenses incurred in the performance of the
15 member's official duties at the rates established by the Division of Finance under Sections
16 63A-3-106 and 63A-3-107.
17 (ii) [Members] A member may decline to receive per diem and expenses for [their] the
18 member's service.
19 (f) The review committee shall designate one of its members as [chairperson] chair.
20 (3) The review committee shall:
21 (a) monitor the identification process conducted under Section 9-9-403 to ensure a fair and
22 objective consideration and assessment of all available relevant information and evidence;
23 (b) review, upon the request of any affected party, any finding relating to:
24 (i) the identity or cultural affiliation of remains; or
25 (ii) the return of these remains;
26 (c) facilitate the resolution of any disputes among Indian tribes or lineal descendants and
27 state agencies relating to the return of remains, including convening the parties to the dispute if
28 deemed desirable;
29 (d) consult with Indian tribes on matters within the scope of the work of the review
30 committee affecting these tribes;
31 (e) consult with the division in the development of rules to carry out this part;

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1 (f) perform other related functions as the division may assign to the committee; and
2 (g) make recommendations, if appropriate, regarding future care of remains that are to be
3 repatriated.
4 (4) Any records and findings made by the review committee relating to the identity of or
5 cultural affiliation of any remains and the return of any remains may be admissible in any action
6 brought under this part.
7 (5) The appropriate state agency having primary authority over the lands as provided in
8 Chapter 8, Part 3, Antiquities, shall ensure that the review committee have reasonable access to
9 Native American remains under review and to associated scientific and historical documents.
10 (6) The division shall provide reasonable administrative and staff support necessary for
11 the deliberations of the committee.
12 (7) The review committee shall submit an annual report to the [Legislature] Native
13 American Legislative Liaison Committee, created in Section 36-22-1, on the progress made, and
14 any barriers encountered, in implementing this section during the previous year.
15 Section 3. Section 9-10-107 is amended to read:
16 9-10-107. Division to distribute monies -- Annual report -- Administration costs.
17 (1) [At the end of each quarter, the] The division shall distribute[, upon approval of the
18 board, payments to the recipients of loans and grants] loan and grant monies if the loan or grant
19 is approved by the board [during that quarter].
20 (2) The division shall make an annual report [to the Legislature and the governor]
21 concerning the number and type of loans and grants made as well as a list of recipients of this
22 assistance to:
23 (a) the Native American Legislative Liaison Committee created in Section 36-22-1; and
24 (b) the governor.
25 (3) The division, with board approval, may use fund monies for the administration of the
26 fund, but this amount may not exceed 2% of the annual receipts to the fund.
27 Section 4. Section 63-88-102 is amended to read:
28 63-88-102. Trust Fund -- Creation -- Oversight.
29 (1) There is created an expendable trust fund entitled the "Navajo Trust Fund."
30 (2) The fund consists of:
31 (a) revenues received by the state that represent the 37-1/2% of the net oil royalties from

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1 the Aneth Extension of the Navajo Indian Reservation required by [Public Law] P.L. 403, 47 Stat.
2 1418, to be paid to the state;
3 (b) monies received by the trust administrator or Dineh Committee from any contracts
4 executed by:
5 (i) the trust administrator[,];
6 (ii) the board[,]; or
7 (iii) the Dineh Committee;
8 (c) appropriations made to the fund by the Legislature, if any;
9 (d) income as defined in Subsection 63-88-101(5); and
10 (e) other revenues received from other sources.
11 (3) The Division of Finance shall account for the receipt and expenditures of fund monies.
12 (4) (a) The state treasurer shall invest fund monies by following the procedures and
13 requirements of Title 51, Chapter 7, State Money Management Act.
14 (b) (i) The fund shall earn interest.
15 (ii) The state treasurer shall deposit all interest or other revenue earned from investment
16 of the fund back into the fund.
17 (5) The state auditor shall:
18 (a) conduct an annual audit of the fund's finances, internal controls, and compliance with
19 statutes, rules, policies, and regulations according to the procedures and requirements of Title 67,
20 Chapter 3, Auditor; and
21 (b) deliver a copy of that audit report to the:
22 (i) board;
23 (ii) trust administrator;
24 (iii) Dineh Committee;
25 (iv) Office of Legislative Research and General Counsel for presentation to the
26 [Legislature's State and Local Affairs Interim] Native American Legislative Liaison Committee,
27 created in Section 36-22-1;
28 (v) governor's office;
29 (vi) Division of Indian Affairs;
30 (vii) U.S. Bureau of Indian Affairs;
31 (viii) Navajo nation; and

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1 (ix) U.S. Secretary of the Interior.
2 Section 5. Section 63-88-105 is amended to read:
3 63-88-105. Trust administrator -- Duties.
4 (1) Under the direction of the board, the trust administrator shall:
5 (a) review the documents and decisions highlighting the history of the trust fund,
6 including:
7 (i) the Nelson report, prepared as part of the Bigman v. Utah Navajo Development
8 Council Inc. C77-0031;
9 (ii) the November 1991 performance audit of the Utah Navajo Trust Fund by the
10 legislative auditor general;
11 (iii) Sakezzie v. Utah Indian Affairs Commission, 198 F. Supp. 218 (1961);
12 (iv) Sakezzie v. Utah Indian Affairs Commission, 215 F. Supp. 12 (1963); and
13 (v) the September 8, 1977, consent decree, the stipulation dated November 29, 1984,
14 modifying the consent decree, and the court's memorandum opinion dated September 25, 1978,
15 in Bigman v. Utah Navajo Development Council, Inc., C77-0031;
16 (b) review all potential sources of trust fund revenues and prepare annual projections of
17 monies that will be available for Navajo programs;
18 (c) identify all property owned by the trust and establish and maintain a record system to
19 retain records relating to the trust's property;
20 (d) review all existing and proposed programs financed by the trust fund and evaluate
21 whether or not they are the most practical and cost-efficient means to provide the desired benefit
22 to Utah Navajos;
23 (e) consult regularly with the administrators of all programs financed by the trust fund to
24 obtain at least quarterly progress reports on all programs;
25 (f) attend all meetings of the Dineh Committee;
26 (g) establish written policies identifying expenses payable from the fund for Dineh
27 Committee members;
28 (h) certify that all expenditures from the trust fund comply with the state's fiduciary
29 responsibilities as trustee of the fund and are consistent with this section;
30 (i) make an annual report to the board, the governor, and the [State and Local Affairs
31 Interim] Native American Legislative Liaison Committee, created in Section 36-22-1, that:

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1 (i) identifies the source and amount of all revenue received by the fund;
2 (ii) identifies the recipient, purpose, and amount of all expenditures from the fund;
3 (iii) identifies specifically each of the fund's investments and the actual return and the rate
4 of return from each investment; and
5 (iv) recommends any necessary statutory changes to improve administration of the fund
6 or to protect the state from liability as trustee;
7 (j) establish, in conjunction with the state treasurer, the state auditor, and the Division of
8 Finance, appropriate accounting practices for all trust fund receipts, expenditures, and investments
9 according to generally accepted accounting principles;
10 (k) provide summary records of trust fund receipts, expenditures, and investments to the
11 board and to the Dineh Committee at each of their meetings;
12 (l) pay administrative expenses from the fund;
13 (m) report monthly to the board about [his] the trust administrator's activities and the status
14 of the trust fund; and
15 (n) call additional meetings of the Dineh Committee when necessary.
16 (2) In conjunction with the Dineh Committee and under the direction of the board, the trust
17 administrator shall:
18 (a) before the beginning of each fiscal year, conduct an annual assessment of the needs of
19 Navajos in the areas of health, education, and general welfare;
20 (b) based upon the annual assessment, develop, before the beginning of each fiscal year,
21 a prioritized list of the needs of Navajos for that year;
22 (c) before the beginning of each fiscal year, develop and approve an annual budget for the
23 trust fund;
24 (d) develop an ethics and conflict of interest policy for the trust administrator, [his] the
25 administrator's employees, and the Dineh Committee that emphasizes the need to avoid even the
26 appearance of conflict of interest or impropriety;
27 (e) require the trust administrator, each of [his] the administrator's employees, and each
28 Dineh Committee member to sign and keep on file written documentation that acknowledges their
29 receipt of the ethics and conflict of interest policy and their willingness to abide by its provisions;
30 and
31 (f) make expenditures from the fund "for the health, education, and general welfare of the

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1 Navajo Indians, residing in San Juan County" as required by:
2 (i) [Public Law] P.L. 72-403, 47 Stat. 1418 (1933);
3 (ii) [Public Law] P.L. 90-306, 82 Stat. 121 (1968); and
4 (iii) this chapter.
5 (3) The trust administrator, under direction of the board, may:
6 (a) contract with public and private entities; and
7 (b) unless prohibited by law or the requirements of this chapter, acquire and hold monies
8 and other property received in the administration of the trust fund.




Legislative Review Note
as of 11-26-96 1:27 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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