DAR File No. 28479

Community and Economic Development, Indian Affairs

R230-1

Native American Grave Protection and Repatriation

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28479
Filed: 01/31/2006, 02:01
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 9-9-403(2) states, "Native American remains not claimed under Subsection (1) shall be disposed of in accordance with rules promulgated by the division consistent with Chapter 8, Part 3, and in consultation with Native American groups, representatives of repositories, and the review committee established under Section 9-9-405."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule provides a prescribed process for carrying out the requirements of Section 9-9-401. As the statute gives very little in the way of guidelines for carrying out the requirements of the law, this rule is necessary as it establishes a specific procedure, including deadlines, conflict management, and policies regarding the ethical treatment of Native American human remains not found in the statute. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Rebecca Nelson at the above address, by phone at 801-538-8767, by FAX at 801-538-8888, or by Internet E-mail at rebeccanelson@utah.gov

Authorized by:

Forrest S Cuch, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Rebecca Nelson at the above address, by phone at 801-538-8767, by FAX at 801-538-8888, or by Internet E-mail at rebeccanelson@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.