Representative Michael E. Noel proposes the following substitute bill:


1     
NATIVE AMERICAN REMAINS REPATRIATION

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: Jani Iwamoto

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to state parks and the burial of ancient Native
10     American remains.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates the Native American Repatriation Restricted Account, including:
14               •     making appropriations from it nonlapsing; and
15               •     providing for grants; and
16          ▸     requires a study of whether, and if so, how, to bury ancient Native American
17     remains in state parks.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2018:
20          ▸     to the Native American Repatriation Restricted Account:
21               •     from the General Fund, $20,000.
22               •     from the General Fund, One-time $20,000.
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          63J-1-602.1, as last amended by Laws of Utah 2016, Chapters 46, 70, 71, and 202
28     ENACTS:
29          9-9-407, Utah Code Annotated 1953
30          9-9-408, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 9-9-407 is enacted to read:
34          9-9-407. Native American Repatriation Restricted Account.
35          (1) There is created a restricted account within the General Fund known as the "Native
36     American Repatriation Restricted Account."
37          (2) (a) The Native American Repatriation Restricted Account shall consist of
38     appropriations from the Legislature.
39          (b) All interest earned on Native American Repatriation Restricted Account money
40     shall be deposited into the Native American Repatriation Restricted Account.
41          (3) Subject to appropriation from the Legislature, the division may use the money in
42     the Native American Repatriation Restricted Account as follows:
43          (a) for a grant issued in accordance with Subsection (6) to an Indian Tribe to pay the
44     following costs of reburial of Native American remains:
45          (i) use of equipment;
46          (ii) labor for use of the equipment;
47          (iii) reseeding and vegetation efforts;
48          (iv) compliance with Section 9-8-404; and
49          (v) caskets; and
50          (b) no more than 5% of the annual expenditures from the Native American
51     Repatriation Restricted Account may be used for training for tribal elders and councils on the
52     processes under this part, including costs for:
53          (i) lodging and transportation of employees of the department; or
54          (ii) travel grants issued in accordance with Subsection (6) for tribal representatives.
55          (4) If the balance in the Native American Repatriation Restricted Account exceeds
56     $100,000 at the close of any fiscal year, the excess shall be transferred into the General Fund.
57          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
58     nonlapsing.
59          (6) To issue a grant under this section, the division shall:
60          (a) require that an Indian Tribe request the grant in writing and specify how the grant
61     money will be expended; and
62          (b) enter into an agreement with the Indian Tribe to ensure that the grant money is
63     expended in accordance with Subsection (3).
64          Section 2. Section 9-9-408 is enacted to read:
65          9-9-408. Burial of ancient Native American remains in state parks.
66          (1) As used in this section:
67          (a) "Ancient Native American remains" means ancient human remains, as defined in
68     Section 9-8-302, that are Native American remains, as defined in Section 9-9-402.
69          (b) "Antiquities Section" means the Antiquities Section of the Division of State History
70     created in Section 9-8-304.
71          (2) (a) The division, the Antiquities Section, and the Division of Parks and Recreation
72     shall cooperate in a study of the feasibility of burying ancient Native American remains in state
73     parks.
74          (b) The study shall include:
75          (i) the process and criteria for determining which state parks would have land sufficient
76     and appropriate to reserve a portion of the land for the burial of ancient Native American
77     remains;
78          (ii) the process for burying the ancient Native American remains on the lands within
79     state parks, including the responsibilities of state agencies and the assurance of cultural
80     sensitivity;
81          (iii) how to keep a record of the locations in which specific ancient Native American
82     remains are buried;
83          (iv) how to account for the costs of:
84          (A) burying the ancient Native American remains on lands found within state parks;
85     and
86          (B) securing and maintaining burial sites in state parks; and
87          (v) any issues related to burying ancient Native American remains in state parks.
88          (3) The division, the Antiquities Section, and the Division of Parks and Recreation
89     shall report to the Native American Legislative Liaison Committee by no later than November
90     1, 2017, regarding the study required by Subsection (2).
91          Section 3. Section 63J-1-602.1 is amended to read:
92          63J-1-602.1. List of nonlapsing accounts and funds -- General authority and Title
93     1 through Title 30.
94          (1) Appropriations made to the Legislature and its committees.
95          (2) The Percent-for-Art Program created in Section 9-6-404.
96          (3) The Native American Repatriation Restricted Account created in Section 9-9-407.
97          [(3)] (4) The Martin Luther King, Jr. Civil Rights Support Restricted Account created
98     in Section 9-18-102.
99          [(4)] (5) The National Professional Men's Soccer Team Support of Building
100     Communities Restricted Account created in Section 9-19-102.
101          [(5)] (6) The LeRay McAllister Critical Land Conservation Program created in Section
102     11-38-301.
103          [(6)] (7) An appropriation made to the Division of Wildlife Resources for the appraisal
104     and purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6.
105          [(7)] (8) Award money under the State Asset Forfeiture Grant Program, as provided
106     under Section 24-4-117.
107          [(8)] (9) Funds collected from the program fund for local health department expenses
108     incurred in responding to a local health emergency under Section 26-1-38.
109          [(9)] (10) Funds collected from the emergency medical services grant program, as
110     provided in Section 26-8a-207.
111          [(10)] (11) The primary care grant program created in Section 26-10b-102.
112          [(11)] (12) The Prostate Cancer Support Restricted Account created in Section
113     26-21a-303.
114          [(12)] (13) The Children with Cancer Support Restricted Account created in Section
115     26-21a-304.
116          [(13)] (14) State funds appropriated for matching federal funds in the Children's Health
117     Insurance Program as provided in Section 26-40-108.
118          [(14)] (15) The Utah Health Care Workforce Financial Assistance Program created in
119     Section 26-46-102.
120          [(15)] (16) The Rural Physician Loan Repayment Program created in Section
121     26-46a-103.
122          [(16)] (17) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
123          [(17)] (18) The Children with Heart Disease Support Restricted Account created in
124     Section 26-58-102.
125          Section 4. Appropriation.
126          The following sums of money are appropriated for the fiscal year beginning July 1,
127     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
128     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
129     Act, the Legislature appropriates the following sums of money from the funds or accounts
130     indicated for the use and support of the government of the state of Utah.
131          To GFR - Native American Repatriation Restricted Account
132               From General Fund, One-time
$20,000

133               From General Fund
$20,000

134               Schedule of Programs:
135                    GFR - Native American Repatriation
136                    Restricted Account                         $40,000