H.B. 252 Enrolled

1

NATIVE AMERICAN INDIAN RELATED AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jack R. Draxler
5 Senate Sponsor: Kevin T. Van Tassell
6 Cosponsor:Marie H. Poulson 7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Division of Indian Affairs Act to address meetings of Indian
11 Tribal Nation representatives and Native American Indian related committees.
12 Highlighted Provisions:
13 This bill:
14 . modifies provisions related to meetings with Indian Tribal Nation elected officials;
15 . modifies provisions related to the Native American Remains Review Committee;
16 and
17 . makes technical and conforming amendments.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 9-9-104.5, as last amended by Laws of Utah 2010, Chapter 286
25 9-9-405, as last amended by Laws of Utah 2010, Chapter 286
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 9-9-104.5 is amended to read:

29 9-9-104.5. Meetings with Tribal Leaders and Native American Indian
30 organizations.
31 (1) The division shall meet regularly with:
32 (a) elected officials of Indian [tribes] Tribal Nations located in whole or in part in the
33 state; or
34 (b) individuals designated by elected officials of the [tribes] Indian Tribal Nations
35 described in Subsection (1)(a).
36 (2) (a) Subject to Section 9-9-104.6 , at least [five] six times each year, the division
37 shall coordinate and attend a joint meeting of the representatives of tribal governments listed in
38 Subsection (2)(b) for the purpose of coordinating the efforts of state and tribal governments in
39 meeting the needs of the Native [Americans] American Indians residing in [the state] Utah.
40 (b) (i) The representatives to be included in the meeting described in Subsection (2)(a)
41 shall be elected officials, serve as representatives for their entire elected term, and be selected
42 as follows:
43 [(A) an elected official of the Navajo Nation that resides in San Juan County selected
44 by the Navajo Nation government;]
45 (A) as a nonvoting member, an elected official of the Navajo Nation, Window Rock,
46 Arizona, selected by the Navajo Nation, if the Navajo Nation chooses to select an elected
47 official;
48 (B) the Navajo Nation council delegate that represents the Utah Navajo Chapters, as
49 defined in Section 35A-8-1702 , if the council delegate resides in San Juan County, Utah, or if
50 the council delegate does not reside in San Juan County, Utah, a president of a Utah Navajo
51 Chapter selected by the presidents of the Utah Navajo Chapters;
52 [(B)] (C) an elected official of the Ute Indian Tribe of the Uintah and Ouray
53 Reservation selected by the Uintah and Ouray Tribal Business Committee;
54 [(C)] (D) an elected official of the Paiute Indian Tribe of Utah selected by the Paiute
55 Indian Tribe of Utah Tribal Council;
56 [(D)] (E) an elected official of the Northwestern Band of the [Shoshoni] Shoshone

57 Nation that resides in [Northern] Utah or Idaho selected by the Northwestern Band of the
58 [Shoshoni] Shoshone Nation Tribal Council;
59 [(E)] (F) an elected official of the [Confederate] Confederated Tribes of the Goshute
60 [Reservation that resides in Ibapah] selected by the [Goshute Business Council] Confederated
61 Tribes of the Goshute Reservation Tribal Council;
62 [(F)] (G) an elected official of the Skull Valley Band of Goshute Indians selected by
63 the Skull Valley Band of Goshute Indian Tribal Executive Committee;
64 (H) as a nonvoting member, an elected official of the Ute Mountain Ute Tribe,
65 Colorado, selected by the Ute Mountain Ute Tribal Nation, if the Ute Mountain Ute Tribal
66 Nation chooses to select an elected official;
67 [(G)] (I) an elected official of the Ute Mountain Ute Tribe that resides in Utah selected
68 by the Ute Mountain Ute Tribal Council; and
69 [(H)] (J) an elected official of the San Juan Southern Paiute Tribe, residing in Utah or
70 Arizona, selected by the San Juan Southern Paiute Tribal Council.
71 (ii) Notwithstanding Subsection (2)(b)(i), if an elected official of an Indian [tribe]
72 Tribal Nation provides notice to the division, the Indian [tribe] Tribal Nation may designate an
73 individual other than the elected official selected under Subsection (2)(b)(i) to represent the
74 Indian [tribe at a] Tribal Nation at an individual meeting held under Subsection (2)(a).
75 (iii) A majority of voting members listed in Subsection (2)(b)(i) constitutes a quorum
76 for purposes of a meeting held under Subsection (2)(a). An action of a majority of voting
77 members present when a quorum is present constitutes action of the representatives for
78 purposes of a meeting described in Subsection (2)(a).
79 (c) (i) A meeting held in accordance with Subsection (2)(a) is subject to Title 52,
80 Chapter 4, Open and Public Meetings Act.
81 (ii) A meeting of representatives listed in Subsection (2)(b) is not subject to the
82 requirements of Title 52, Chapter 4, Open and Public Meetings Act, notwithstanding whether it
83 is held on the same day as a meeting held in accordance with Subsection (2)(a) if:
84 (A) the division does not coordinate the meeting described in this Subsection (2)(c)(ii);

85 (B) no state agency participates in the meeting described in this Subsection (2)(c)(ii);
86 (C) a representative receives no per diem or expenses under this section for attending
87 the meeting described in this Subsection (2)(c)(ii) that is in addition to any per diem or
88 expenses the representative receives under Subsection (2)(d) for attending a meeting described
89 in Subsection (2)(a); and
90 (D) the meeting described in this Subsection (2)(c)(ii) is not held:
91 (I) after a meeting described in Subsection (2)(a) begins; and
92 (II) before the meeting described in Subsection (2)(c)(ii)(D)(I) adjourns.
93 (d) A representative of a tribal government that attends a meeting held in accordance
94 with Subsection (2)(a) may not receive compensation or benefits for the representative's
95 service, but may receive per diem and travel expenses in accordance with:
96 (i) Section 63A-3-106 ;
97 (ii) Section 63A-3-107 ; and
98 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
99 63A-3-107 .
100 (e) For [each] a meeting described in Subsection (2)(a), only [one individual from each
101 tribe] the individuals described in Subsection (2)(b) may receive per diem and expenses, as
102 provided in [this] Subsection (2)(d).
103 (3) The division may meet as necessary with Native American Indian groups other than
104 tribal governments representing the interests of Native [Americans] American Indians who are
105 citizens of the state residing on or off reservation land.
106 Section 2. Section 9-9-405 is amended to read:
107 9-9-405. Review committee.
108 (1) There is created a Native American Remains Review Committee.
109 (2) (a) The review committee shall be composed of seven members as follows:
110 (i) four Tribal members shall be appointed by the director from nominations submitted
111 by [Indian tribes] the elected officials of Indian Tribal Nations described in Subsection
112 9-9-104.5 (2)(b); and

113 (ii) three shall be appointed by the director from nominations submitted by
114 representatives of Utah's repositories.
115 [(b) Except as required by Subsection (2)(c), as terms of current committee members
116 expire, the director shall appoint each new member or reappointed member to a four-year
117 term.]
118 [(c) Notwithstanding the requirements of Subsection (2)(b), the director shall, at the
119 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
120 committee members are staggered so that approximately half of the review committee is
121 appointed every two years.]
122 (b) A member appointed under Subsection (2)(a)(i) shall have familiarity and
123 experience with this part.
124 (c) (i) A member appointed under Subsection (2)(a)(i) serves at the will of the director,
125 and if the member represents an Indian Tribal Nation, at the will of that Indian Tribal Nation.
126 Removal of a member who represents an Indian Tribal Nation requires the joint decision of the
127 director and the Indian Tribal Nation.
128 (ii) A member appointed under Subsection (2)(a)(ii) serves at the will of the director,
129 and if the member represents a repository, at the will of the Division of State History. Removal
130 of a member who represents a repository requires the joint decision of the director and the
131 Division of State History.
132 (d) When a vacancy occurs in the membership for any reason, the director shall appoint
133 a replacement [for the unexpired term] in the same manner as the original appointment under
134 Subsection (2)(a).
135 (e) A member may not receive compensation or benefits for the member's service, but
136 may receive per diem and travel expenses in accordance with:
137 (i) Section 63A-3-106 ;
138 (ii) Section 63A-3-107 ; and
139 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
140 63A-3-107 .

141 (f) The review committee shall designate one of its members as chair.
142 (3) The review committee shall:
143 (a) monitor the identification process conducted under Section 9-9-403 to ensure a fair
144 and objective consideration and assessment of all available relevant information and evidence;
145 (b) review a finding relating to the following, subject to the rules made by the division
146 under Subsection 9-9-403 (6):
147 (i) the identity or cultural affiliation of Native American remains; or
148 (ii) the return of Native American remains;
149 (c) facilitate the resolution of a dispute among Indian [tribes] Tribal Nations or lineal
150 descendants and state agencies relating to the return of Native American remains, including
151 convening the parties to the dispute if considered desirable;
152 (d) consult with Indian [tribes] Tribal Nations on matters within the scope of the work
153 of the review committee affecting these [tribes] Indian Tribal Nations;
154 (e) consult with the division in the development of rules to carry out this part;
155 (f) perform other related functions as the division may assign to the review committee;
156 and
157 (g) make recommendations, if appropriate, regarding care of Native American remains
158 that are to be repatriated.
159 (4) A record or finding made by the review committee relating to the identity of or
160 cultural affiliation of Native American remains and the return of Native American remains may
161 be admissible in any action brought under this part.
162 (5) The appropriate state agency having primary authority over the lands as provided in
163 Chapter 8, Part 3, Antiquities, shall ensure that the review committee has reasonable access to:
164 (a) Native American remains under review; and
165 (b) associated scientific and historical documents.
166 (6) The division shall provide reasonable administrative and staff support necessary for
167 the deliberations of the review committee.
168 (7) The review committee shall submit an annual report to the Native American

169 Legislative Liaison Committee, created in Section 36-22-1 , on the progress made, and any
170 barriers encountered, in implementing this section during the previous year.

[Bill Documents]