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  1. Protection of Burials

    1. Acts Prohibited by Law and Subject to Criminal Sanctions

      1. What is the criminal liability for unlawfully excavating human remains or archaeological resources?

        Prohibitions on antiquities, ß 76-6-902

        It is unlawful to intentionally alter, remove, injure, or destroy antiquities from state lands or private lands without permission from the landowner. A first offense under this section is a class B misdemeanor, and applies to the actual actor and anyone who counsels, procures, solicits, or employs any other person to commit this offense. Any subsequent offense under this section is a third degree felony. If the value of the antiquities involved and the cost of restoration exceeds $500, the offense becomes a third degree felony. All property associated with the criminal activity must be turned over to the state or the landowner. See ß 76-6-903 for penalties.

      2. What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?

        Prohibitions on antiquities, ß 76-6-902

        It is unlawful to offer for sale or exchange any object of antiquity collected or excavated in violation of this section. A first offense under this section is a class B misdemeanor, and applies to the actual actor and anyone who counsels, procures, solicits, or employs any other person to commit this offense. Any subsequent offense under this section is a third degree felony. If the value of the antiquities involved and the cost of restoration exceeds $500, the offense becomes a third degree felony. All property associated with the criminal activity must be turned over to the state or the landowner. See ß 76-6-903 for penalties.

        Illegal trafficking, ß9-9-404

        It is a class A misdemeanor to knowingly sell, purchase, use for profit, or transport for sale or profit the remains of a Native American without rights of possession over the remains. Subsequent violations of this section are third degree felonies.

      3. What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?

        Prohibitions on antiquities, ß 76-6-902

        It is unlawful to intentionally alter, remove, injure, or destroy antiquities from state lands or private lands without permission from the landowner. A first offense under this section is a class B misdemeanor, and applies to the actual actor and anyone who counsels, procures, solicits, or employs any other person to commit this offense. Any subsequent offense under this section is a third degree felony. If the value of the antiquities involved and the cost of restoration exceeds $500, the offense becomes a third degree felony. All property associated with the criminal activity must be turned over to the state or the landowner. See ß 76-6-903 for penalties.

      4. What is the criminal liability for unlawfully disturbing human remains and funerary objects?

        Prohibitions on antiquities, ß 76-6-902

        It is unlawful to intentionally alter, remove, injure, or destroy antiquities from state lands or private lands without permission from the landowner. A first offense under this section is a class B misdemeanor, and applies to the actual actor and anyone who counsels, procures, solicits, or employs any other person to commit this offense. Any subsequent offense under this section is a third degree felony. If the value of the antiquities involved and the cost of restoration exceeds $500, the offense becomes a third degree felony. All property associated with the criminal activity must be turned over to the state or the landowner. See ß 76-6-903 for penalties.

      5. What is the criminal liability for defacing or destroying historical or archaeological sites?

        Prohibitions on antiquities, ß 76-6-902

        It is unlawful to intentionally alter, remove, injure, or destroy antiquities from state lands or private lands without permission from the landowner. A first offense under this section is a class B misdemeanor, and applies to the actual actor and anyone who counsels, procures, solicits, or employs any other person to commit this offense. Any subsequent offense under this section is a third degree felony. If the value of the antiquities involved and the cost of restoration exceeds $500, the offense becomes a third degree felony. All property associated with the criminal activity must be turned over to the state or the landowner. See ß 76-6-903 for penalties.

      6. What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?

        Prohibitions on antiquities, ß 76-6-902

        It is unlawful to intentionally reproduce, rework, or forge any antiquities or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any object with the intent to represent the object as original and genuine. A first offense under this section is a class B misdemeanor, and applies to the actual actor and anyone who counsels, procures, solicits, or employs any other person to commit this offense. Any subsequent offense under this section is a third degree felony. If the value of the antiquities involved and the cost of restoration exceeds $500, the offense becomes a third degree felony. All property associated with the criminal activity must be turned over to the state or the landowner. See ß 76-6-903 for penalties.

      7. What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?

        See ß 76-6-106 for laws on criminal property damage.

      8. What is the criminal liability for unlawfully taking or possessing monuments or gravestones?

        See ß 76-6-106 for laws on criminal property damage.

      9. What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?

        See ß 76-6-106 for laws on criminal property damage.

      10. What specific laws restrict the alienation or use of historic burial places?

        Rule against perpetuities not applicable, ß9-8-505

        Rules restricting unreasonable restraints on alienation do not apply to any lease, deed, conveyance, covenant, easement, or other interest created in historic property.

      11. What is the criminal liability for removing or damaging headstones?

        See ß 76-6-106 for laws on criminal property damage.

      12. What are the general state criminal laws for abuse of corpse?

        Abuse or desecration of a dead human body, ß 76-9-704

        It is unlawful to intentionally not report finding a dead human body to law enforcement, disturb, move, remove, conceal, or destroy a dead human body, disinter without court order a body that has been interred, dismember or otherwise damage or detach any part of a human body, or commit or attempt any act of sexual penetration on a dead human body. Failing to report finding a dead human body is a class B misdemeanor. The other abovementioned actions are third degree felonies.

      13. What other general state criminal laws affect human remains and burial places?

        We are unable to locate information relevant to this question at this time.

      14. What are the general state criminal laws for theft?

        Burglary, ß 76-6-202

        The crime of burglary is committed when a person enters or remains unlawfully in a building or any portion of a building with intent to commit: a felony; theft; an assault on any person; lewdness (see ß 76-9-702(1)); sexual battery (see ß 76-9-702(3)); lewdness involving a child (see ß 76-9-702.5); or voyeurism against a child (see ß 76-9-702.7(2) or (5)). Burglary is a third degree felony, but when it is committed inside a home it becomes a second degree felony.

        Aggravated burglary, ß 76-6-203

        The crime of aggravated burglary is committed when a person attempting, committing, or fleeing from the crime of burglary (1) causes bodily injury to any person who is not a participant in the burglary; (2) uses a dangerous weapon or threatens use of a dangerous weapon against a person who is not a participant in the burglary; or (3) possesses or attempts to use any explosive or dangerous weapon. Aggravated burglary is a first degree felony.

        Manufacture or possession of instrument for burglary or theft, ß 76-6-205

        It is a class B misdemeanor to manufacture or possess any instrument, tool, or other object that has been designed or adapted for use in the commission of a burglary or theft.

        Robbery, ß 76-6-301

        The crime of robbery is committed when (1) a person intentionally takes or attempts to take another personís property for the purpose of depriving the owner of that property through the use or threat of force or (2) when a person intentionally or knowingly uses force or threat of force while committing, attempting, or fleeing from an act of theft or wrongful appropriation. Robbery is a second degree felony.

        Aggravated robbery, ß 76-6-302

        The crime of aggravated robbery is committed when a person committing, attempting, or fleeing from an act of robbery uses or threatens use of a dangerous weapon, causes serious bodily injury to another person, or takes or attempts to take a motor vehicle. Aggravated robbery is a first degree felony.

        Elements of theft, ß 76-6-404

        The crime of theft is committed when a person obtains or exercises unauthorized control over another personís property for the purpose of depriving the owner of that property.

        Classifications of theft, ß 76-6-412

        The crime of theft is a second degree felony if the value of the property exceeds $5,000, the offender used a dangerous weapon, or the property was taken from the person of another. Theft is a third degree felony if the value of the property is between $1,000 and $5,000, and the offender has been convicted twice before of theft, robbery, or burglary. Theft is a class A misdemeanor if the value of the property is between $300 and $1,000. Theft is a class B misdemeanor if the value of the property is less than $300. An offender may be liable for three times the amount of actual damages, as well as attorneyís fees.

        Wrongful appropriation, ß 76-6-404.5

        The crime of wrongful appropriation is committed when a person obtains or exercises unauthorized control over another personís property for the purpose of depriving the owner of that property without the ownerís consent. Prior consent for use of property is not assumed to still be valid. Wrongful appropriation is classified one degree below each classification of theft; for example, if the action would be a third degree felony if it were theft, it is only a class A misdemeanor for wrongful appropriation. See ß 76-6-412.

        Theft by deception, ß 76-6-405

        The crime of theft by deception is committed when a person uses deception to obtain or exercise unauthorized control over another personís property for the purpose of depriving the owner of that property.

      15. What are the general state criminal laws for receiving stolen property?

        Receiving stolen property, ß 76-6-408

        The crime of receiving stolen property is committed when a person receives, retains, or disposes of property for the purpose of depriving the owner of that property which he knows is stolen, believes is stolen, or in some way helps conceal, sell, or withhold that property. Possessing stolen property or having possessed stolen property in the past year is enough to presume that the offender knew the property in his possession was stolen. Pawnbrokers must follow proper certifying procedures when dealing in secondhand items to avoid a presumption of knowing property was stolen.

      16. What are the general state criminal laws for unlawful trespass?

        Criminal trespass, ß 76-6-206

        The crime of trespass is committed when a person enters or remains unlawfully on property and (1) intends to cause annoyance or injury to any person or damage to any property, including graffiti, (2) intends to commit any crime aside from theft or a felony, (3) is reckless as to whether his presence will cause fear for the safety of another, or (4) enters or remains on the property even though he has been provided notice not to enter in the form of a personal communication by a person of authority, fencing or other enclosure designed to keep trespassers out, or signs that are reasonably observable. Trespass is a class B misdemeanor, but becomes a class A misdemeanor when it occurs in a home. A person accused of criminal trespass may have two defenses: (1) that the property was open to the public when the person entered or remained on the property; or (2) that the personís presence did not substantially interfere with the ownerís use of the property.

        Criminal trespass of abandoned or inactive mines, ß 76-6-206.1

        It is criminal trespass to intentionally and unlawfully enter or remain in an inactive or abandoned mine. This is a class B misdemeanor. If the offender removes, destroys, or tampers with any sign or instrument intended to keep people out of the mine, it is a class A misdemeanor.

        Criminal trespass on state park lands, ß 76-6-206.2

        It is criminal trespass on state park lands when a person constructs structures on the land, uses the land for more than 30 days after authorization to do so has expired, knowingly or intentionally uses the land for commercial gain, intentionally or knowingly grazes livestock on the land, or remains on the land after being asked to leave by a person of proper authority. This is a class B misdemeanor and may include civil penalties for three times the value of damage, including damage to any historical or archaeological feature on the state park land.

      17. What are the general state criminal laws for mischief?

        Criminal mischief, ß 76-6-106

        It is a third degree felony to damage or destroy property with the purpose of defrauding an insurer. It is a class A misdemeanor to intentionally tamper with another personís property in a way that recklessly endangers human life. If the action recklessly endangers human health and safety, it is a class B misdemeanor. It is a second degree felony to recklessly commit an act that results in or may result in the interruption or impairment of any critical infrastructure. Intentionally damaging, defacing, or destroying another personís property is a second degree felony if the action results in or is intended to cause $5,000 or more loss, a third degree felony if the action results in or is intended to cause a loss between $1,000 and $5,000, a class A misdemeanor if action results in or is intended to cause a loss between $300 and $1,000, or a class B misdemeanor if the action results in or is intended to cause a loss less than $300.

      18. What are the general state criminal laws for damage to property?

        Criminal mischief, ß 76-6-106

        It is a third degree felony to damage or destroy property with the purpose of defrauding an insurer. It is a class A misdemeanor to intentionally tamper with another personís property in a way that recklessly endangers human life. If the action recklessly endangers human health and safety, it is a class B misdemeanor. It is a second degree felony to recklessly commit an act that results in or may result in the interruption or impairment of any critical infrastructure. Intentionally damaging, defacing, or destroying another personís property is a second degree felony if the action results in or is intended to cause $5,000 or more loss, a third degree felony if the action results in or is intended to cause a loss between $1,000 and $5,000, a class A misdemeanor if action results in or is intended to cause a loss between $300 and $1,000, or a class B misdemeanor if the action results in or is intended to cause a loss less than $300.

      19. What are the general state criminal laws for hate crimes?

        Hate crimes, ß76-3-203.3

        Any act of assault, theft, trespass, property destruction, obstruction of government activities, obstruction of university activities, telephone abuse, cruelty to animals, or weapons offense that is that intended to or likely would threaten or intimidate another person is a hate crime. The criminal classifications of the above listed acts raise one level when committed as a hate crime; for example, if the offense is normally a class B misdemeanor, it becomes a class A misdemeanor.

    2. Acts Prohibited by Law and Subject to Civil or Administrative Sanctions

      1. How is the excavation of historical and archaeological resources restricted in this state?

        We are unable to locate information relevant to this question at this time.

      2. How is the collection or removal of historical and archaeological resources restricted in this state?

        We are unable to locate information relevant to this question at this time.

      3. What specific laws restrict the alienation or use of historic burial places?

        Rule against perpetuities not applicable, ß9-8-505

        Rules restricting unreasonable restraints on alienation do not apply to any lease, deed, conveyance, covenant, easement, or other interest created in historic property.

  2. Sanctions

    1. Criminal

      1. What are the general criminal fines and penalties for misdemeanors and felonies in the state?

        Imprisonment for felony conviction, ß76-3-203

        A first degree felony carries a term of imprisonment between 5 years and life. A second degree felony carries a term of imprisonment between 1 year and 15 years. A third degree felony carries a term of imprisonment of not more than 5 years.

        Imprisonment for misdemeanor conviction, ß76-3-204

        A class A misdemeanor carries a term of imprisonment not exceeding 1 year. A class B misdemeanor carries a term of imprisonment not exceeding 6 months. A class C misdemeanor carries a term of imprisonment not exceeding 90 days.

      2. What are the class designations for misdemeanors and felonies in the state?

        Felonies: first, second, and third degree.

        Misdemeanors: class A, B, and C.

    2. Civil or Administrative

      1. What are the civil sanctions related to burial protection in the state?

        We are unable to locate information relevant to this question at this time.

      2. What are the administrative sanctions related to burial protection in the state?

        We are unable to locate information relevant to this question at this time.

  3. Preservation of Burials and Compliance Therewith

    1. Laws Related to Preservation of Burials

      1. How are future interests in property involving burials subject to the rule against perpetuities?

        Rule against perpetuities not applicable, ß9-8-505

        The Rule Against Perpetuities does not apply to any lease, deed, conveyance, covenant, easement, or other interest created in historic property.

      2. How can the state exercise eminent domain over a cemetery or historic property?

        Eminent domain, ß 78B-6-501

        The state may exercise eminent domain for all public uses authorized by the federal government, public uses for the benefit of any city, town, county, or its inhabitants, or for cemeteries.

      3. How are conservation and preservation easements created in this state?

        Preservation easement, ß9-8-503

        Preservation easements may be conveyed by the owner of a fee simple interest in real property if the historic value of the property will be enhanced or preserved by restoration or preservation of the property under the easement.

        Preservation easement subject to other laws, ß9-8-504

        Preservation easements are generally subject to other laws governing easements in the state.

        Preservation easement as charitable contribution, ß9-8-506

        A preservation easement may be considered a charitable contribution for tax purposes in accordance with the law.

      4. How does the state create authorized rights-of-way through cemetery property?

        We are unable to locate information relevant to this question at this time.

      5. To what extent are burial grounds and cemeteries open to the public in this state?

        We are unable to locate information relevant to this question at this time.

      6. How are the transfer of cemetery lots and the disposition of cemetery land regulated?

        Plats of cemeteries must be recorded, ß8-3-1

        Executive officers of organizations and individual owners in control of cemeteries must file a clear and complete record of all burial plots and the names of the owners of those plots with the county in which the cemetery is located. A record of any additions to the cemetery after the initial filing must also be filed.

        Certificates of burial rights, ß8-3-2

        Every purchaser of a cemetery lot or burial right is entitled to certification of that right that may be filed with the county in which the cemetery is located.

        Transcripts to be filed for record, ß 8-3-3

        On the first days of January and July of each year, all offering burial lots for sale must file with the county in which the cemetery is located a record of all deeds, certificates, or other evidence of burial rights issued within the preceding six months.

        Action in district court for title to lots, ß 8-5-2

        A municipality or cemetery maintenance district may bring an action in the district court of the county in which a cemetery is located terminating rights to any cemetery lot that is unused or unkept under ß8-5-1. The lot involved in such an action is considered real property under the law. Any area where a body is interred cannot be included in the action and must remain undisturbed.

        Copy of judgment filed, ß 8-5-4

        A judgment reverting title to a cemetery lot to a municipality or cemetery maintenance district must be filed with the county in which the cemetery is located.

        Proceeds of resale of lots, ß8-5-5

        The proceeds of a resale of a cemetery lot that has been returned to a municipality or cemetery maintenance district must be deposited in the permanent care and improvement fund for the cemetery, minus costs of any court proceedings involved in reclaiming the lot.

        Alternative termination of rights, ß8-5-6

        A municipal council or cemetery maintenance district board may pass a resolution requiring the owner of a cemetery lot that has not been used for more than 60 years to file a notice of claim for the site with the county in which the cemetery is located. The council/board must follow proper notice procedures, and if no response is received 30 days after notice the ownerís rights are automatically terminated.

        Sale of only right to be buried, ß8-5-7

        Municipalities and cemetery maintenance districts shall only sell rights to be buried in a cemetery lot.

        Rights of lot holders, ß8-5-8

        Cemetery lot holders whose lot has reverted back to the municipality or cemetery maintenance district may be compensated for the value of the lot or receive a right to burial in another lot. However, the municipality or cemetery maintenance district may collect unpaid perpetual care fees from the person asserting ownership over a reverted lot.

      7. How will the state regulate or sell unsuitable or condemned cemetery property?

        Unused or unkept lots, ß8-5-1

        Any person who has not used or claimed an interest in a cemetery plot for more than 60 years, or who has not used or claimed an interest in a cemetery plot and allowed it to become overgrown and detract from the overall appearance of the cemetery may be required by the municipality or cemetery maintenance district in charge of the lot to either file written notice of a claim or interest in the lot within 50 days of such a demand being made, or be required to clear any overgrowth and maintain the lot in accordance with other lots in the cemetery.

      8. What is the procedure for abandoning burial grounds or cemetery lots?

        Abandonment of cemetery lot, ß8-5-3

        A cemetery lot is considered abandoned when the holder of the lot who has not used the lot for burial has not provided care similar to other lots in the cemetery, has not notified the municipality or cemetery maintenance district of a claim to the lot, or has not kept the lot free of weeds or brush.

      9. What is the procedure for removing or replacing headstones?

        We are unable to locate information relevant to this question at this time.

      10. How will the state preserve historical or archaeological resources threatened by public construction or public works?

        Agency responsibilities, ß9-8-404

        State agencies must consider how a proposed project would affect historic property before expending any state funds or approving the project. The agency must furnish the Public Lands Policy Coordinating Office with an evaluation of the projectís effect on historic property, and the Office may require consultation and further analysis from the Antiquities Section and the state historic preservation officer. The results of a formal analysis must be given to the agency in charge of the project within 30 days after the analysis is completed. If no formal analysis occurred, the state historic preservation officer may still offer advice to the agency about how best to recover and preserve archaeological specimens gathered from the project site.

      11. What are the procedures for excavating or removing remains or archaeological resources on public lands?

        Permit to excavate state lands, ß 9-8-305

        A permit from the Public Lands Policy Coordinating Office is required to survey or excavate any land owned or controlled by the state. Any person applying for a permit must meet the following qualifications: (1) possess a graduate degree in anthropology, archaeology, or history;(2) have 1 year of full-time professional experience or equivalent specialized training in archaeological research, administration, or management; and (3) have 1 year of supervised field and analytical experience in Utah prehistoric or historic archaeology. Applications for excavation permits also must include a research design and permission from the landowner to conduct the excavation. The Public Lands Policy Coordinating Office coordinates with the Antiquities Section to establish specific guidelines for the permit, and the permit holder must provide a report summarizing the excavation to the Antiquities Section. Any recovered specimens may not be removed from the state without permission from the Antiquities Section and other interested state agencies. Anything recovered on state land is the property of the state, unless it is found on school or institutional trust lands. Then, the recovered items are held in trust between the state and the school or institution. Violations of the permit requirements are class B misdemeanors.

      12. What are the procedures for excavating or removing remains or archaeological resources on private lands?

        Ancient human remains on nonfederal lands that are not state lands, ß9-8-309

        When ancient human remains are discovered on private lands, all activity in the area must cease and local law enforcement must be notified. The landowner must ensure activity in the area stops and must make a reasonable effort to protect the discovery. Once the remains are found to be ancient, law enforcement refers the case to the Antiquities Section. The Antiquities Section must notify the landowner of its intent to excavate the remains within 5 days of receiving permission from the landowner.

        Archaeological or anthropological landmarks, ß9-8-306

        Sites of significance may be recommended to and approved by the Board of State History as state archaeological or anthropological landmarks. Privately owned sites or sites on school or institutional trust lands require notification of the owner before listing as a landmark. Privately owned landmarks require permits for excavation. The Division of State History must give 3 monthsí notice of intent to designate the site as a landmark.

      13. What are the procedures for discoveries of human remains and artifacts of cultural significance?

        Report of discovery on state or private lands, ß9-8-307

        Any person who discovers archaeological resources on public or private land must promptly notify the Division of State History.

      14. What are the procedures for the disposition of human remains and funerary artifacts?

        Ownership and disposition of Native American remains, ß9-9-403

        Control and ownership of Native American remains discovered on nonfederal land goes to lineal descendants first, then the tribe with the closest cultural affiliation as the deceased, third to the tribe occupying the area where the remains are discovered, and finally to a different tribe that shows by preponderance of the evidence a close cultural or genetic affiliation with the deceased. Unclaimed remains are disposed of in accordance with Division of State History rules and in consultation with Native American groups and other interested parties. Native American remains cannot be excavated or removed from state lands without a permit, without consent of the landowner, and not until control and ownership of the remains have been determined. Any person who knows or believes Native American remains have been discovered on state lands must notify the state agency controlling that land of the discovery. If the remains are discovered during construction, mining, logging, or other similar activity, the activity must cease and reasonable efforts must be made to protect the remains. Once ownership of remains has been determined, the remains must be turned over within 90 days. If ownership of remains is disputed, the state agency with authority over the land where the remains were found retains control until the dispute is settled through the administrative process. Remains discovered on private land are governed by ß9-8-309.

      15. What are the procedures for the removal and re-interment of human remains from cemeteries?

        We are unable to locate information relevant to this question at this time.

      16. How does the state regulate the opening and construction of highways through burial grounds or cemeteries?

        We are unable to locate information relevant to this question at this time.

      17. How does the state identify, preserve, and control Native American sacred sites?

        Antiquities section, ß9-8-304

        The Antiquities Section within the Division of State History is responsible for identifying, protecting, and preserving archaeological resources and specimens.

      18. How does the state preserve historical lands from surface mining?

        We are unable to locate information relevant to this question at this time.

      19. What are the procedures for the exploration of submerged graves and underwater sites?

        We are unable to locate information relevant to this question at this time.

      20. How is activity affecting aquatic beds regulated?

        We are unable to locate information relevant to this question at this time.

      21. What are the procedures for transferring land and property containing historic or cultural resources?

        Archaeological or anthropological landmarks, ß9-8-306

        Sites of significance may be recommended to and approved by the Board of State History as state archaeological or anthropological landmarks. Privately owned sites or sites on school or institutional trust lands require notification of the owner before listing as a landmark. Privately owned landmarks require permits for excavation. The Division of State History must give 3 monthsí notice of intent to designate the site as a landmark.

      22. What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?

        Siting criteria, ß19-3-307

        No waste transfer, storage, decay in storage, treatment, or disposal facility may be in areas within 1,000 feet of archaeological sites where adverse impacts cannot be reasonably mitigated.

      23. What public health regulations exist for the removal and burial of human remains?

        We are unable to locate information relevant to this question at this time.

      24. How is environmental impact measured for historic and archeological resources?

        We are unable to locate information relevant to this question at this time.

    2. Activities Affecting Burials which Require State or Local Government Compliance

      1. What activities affecting burials require state or local government compliance?

        We are unable to locate information relevant to this question at this time.

    3. Regulation by State or Local Government of Non-Governmental Burial-Related Activities

      1. What state regulations relate to non-governmental burial-related activities?

        We are unable to locate information relevant to this question at this time.

      2. What local regulations relate to non-governmental burial-related activities?

        We are unable to locate information relevant to this question at this time.

  4. Decision-Making

    1. Authorities Empowered to Make Decisions Affecting Burials

      1. How is a cemetery association formed in this state?

        We are unable to locate information relevant to this question at this time.

      2. Who has the right to conduct archaeological field excavations?

        Permit to excavate state lands, ß 9-8-305

        A permit from the Public Lands Policy Coordinating Office is required to survey or excavate any land owned or controlled by the state. Any person applying for a permit must meet the following qualifications: (1) possess a graduate degree in anthropology, archaeology, or history;(2) have 1 year of full-time professional experience or equivalent specialized training in archaeological research, administration, or management; and (3) have 1 year of supervised field and analytical experience in Utah prehistoric or historic archaeology. Applications for excavation permits also must include a research design and permission from the landowner to conduct the excavation.

      3. Who has custody rights of discovered human remains?

        Permit to excavate state lands, ß 9-8-305

        Specimens recovered from state land are the property of the state, unless found on school or institutional trust lands. Then, the recovered items are held in trust between the state and the school or institution.

        Ownership and disposition of Native American remains, ß9-9-403

        Control and ownership of Native American remains discovered on nonfederal land goes to lineal descendants first, then the tribe with the closest cultural affiliation as the deceased, third to the tribe occupying the area where the remains are discovered, and finally to a different tribe that shows by preponderance of the evidence a close cultural or genetic affiliation with the deceased. Unclaimed remains are disposed of in accordance with Division of State History rules and in consultation with Native American groups and other interested parties. Native American remains cannot be excavated or removed from state lands without a permit, without consent of the landowner, and not until control and ownership of the remains have been determined. Any person who knows or believes Native American remains have been discovered on state lands must notify the state agency controlling that land of the discovery. If the remains are discovered during construction, mining, logging, or other similar activity, the activity must cease and reasonable efforts must be made to protect the remains. Once ownership of remains has been determined, the remains must be turned over within 90 days. If ownership of remains is disputed, the state agency with authority over the land where the remains were found retains control until the dispute is settled through the administrative process. Remains discovered on private land are governed by ß9-8-309.

      4. Who has the ownership rights of archaeological specimens or objects of cultural significance?

        Permit to excavate state lands, ß 9-8-305

        Specimens recovered from state land are the property of the state, unless found on school or institutional trust lands. Then, the recovered items are held in trust between the state and the school or institution.

        Ownership of reposited materials, ß9-8-803

        It is a rebuttable presumption that historical materials held by a collecting institution are the property of that institution.

        Statute of limitations, ß 9-8-804

        Items that were not transferred by title cannot be claimed from or an action brought against an institution after 25 years since the last written contact between the institution and the person who gave the item.

        Claiming reposited materials, ß9-8-806

        Any person claiming items from an institution or representing people claiming items from an institution must demonstrate right, title to, and interest in the property.

      5. What rights do nonresidents of the state maintain?

        We are unable to locate information relevant to this question at this time.

      6. What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?

        We are unable to locate information relevant to this question at this time.

      7. Who has dominion and control of state historic or archaeological resources?

        Permit to excavate state lands, ß 9-8-305

        Specimens recovered from state land are the property of the state, unless found on school or institutional trust lands. Then, the recovered items are held in trust between the state and the school or institution.

      8. Who sits on the state historical commission, and how are these members appointed?

        Board of state history, ß9-8-204

        The Board of State History is composed of 11 members and meets the federal requirements of a State Historic Preservation Review Board. Members are appointed for terms of 4 years. The governor selects a chair and vice-chair, and appoints members with the consent of the state senate.

      9. Who sits on the state historic preservation board and for how long?

        Board of state history, ß9-8-204

        The Board of State History is composed of 11 members and meets the federal requirements of a State Historic Preservation Review Board. Members are appointed for terms of 4 years. The governor selects a chair and vice-chair, and appoints members with the consent of the state senate.

    2. Scope of Authority

      1. What powers and responsibilities are delegated to cemetery associations in this state?

        We are unable to locate information relevant to this question at this time.

      2. How are cemetery sales records to be kept?

        Plats of cemeteries must be recorded, ß8-3-1

        Executive officers of organizations and individual owners in control of cemeteries must file a clear and complete record of all burial plots and the names of the owners of those plots with the county in which the cemetery is located. A record of any additions to the cemetery after the initial filing must also be filed.

        Certificates of burial rights, ß8-3-2

        Every purchaser of a cemetery lot or burial right is entitled to certification of that right that may be filed with the county in which the cemetery is located.

        Transcripts to be filed for record, ß 8-3-3

        On the first days of January and July of each year, all offering burial lots for sale must file with the county in which the cemetery is located a record of all deeds, certificates, or other evidence of burial rights issued within the preceding six months.

      3. What power does the state have to acquire or purchase property of historic or archaeological significance?

        Division of state history duties, ß9-8-203

        The Division of State History has the power to acquire historical artifacts for educational or cultural use.

      4. How does the state manage park and historical sites?

        Archaeological or anthropological landmarks, ß9-8-306

        Sites of significance may be recommended to and approved by the Board of State History as state archaeological or anthropological landmarks. Privately owned sites or sites on school or institutional trust lands require notification of the owner before listing as a landmark. Privately owned landmarks require permits for excavation. The Division of State History must give 3 monthsí notice of intent to designate the site as a landmark.

      5. What are the powers of municipal and county governments regarding park and historical sites?

        We are unable to locate information relevant to this question at this time.

      6. How do county and municipal governments oversee cemetery property?

        Cemetery purchase and operation by municipalities, ß10-8-62

        Municipalities may purchase, hold, or pay for cemetery lands, exercise police jurisdiction over any cemetery used by inhabitants of the city, manage and improve public cemeteries, convey lots, pass ordinances governing cemeteries, contract for care of lots, invest money for care of lots, and pay for care with the proceeds from any investment.

        Burial of dead, ß10-8-63

        Municipalities may regulate the burial of the dead.

        Burial of indigents, ß10-8-74

        Municipalities may provide for and pay for burial of the indigent.

      7. What are the powers and duties of the state historical commission?

        Division of state history duties, ß9-8-203

        The Division of State history has a variety of duties, including promoting Utah history, maintaining a historic library, identifying and preserving historic sites, maintaining historic records, managing historical collections for educational and cultural purposes, providing grants and technical assistance, and maintaining computerized records of burial sites and cemeteries.

        Board of state history duties and powers, ß9-8-205

        The Board of State History sets policies for the Division of State History, acts as a State Review Board, recommends sites for state and federal historic registers, and assists in grant review and approval.

      8. How does the state historical commission register or include historical property?

        State register of cultural sites, ß9-8-402

        The Division of State History maintains the state register of significant cultural and historic sites, and provides for participation in the National Historic Preservation Program.

        Placement on register, ß9-8-403

        The Division of State History Board responsible for the state historic registers must notify the owner of historic property before placing it on the state list or nominating it for national recognition.

      9. What are the powers and duties of the state archaeological commission?

        Antiquities section, ß9-8-304

        The Antiquities Section within the Division of State History is responsible for identifying, protecting, and preserving archaeological resources and specimens.

      10. How is the rehabilitation and preservation of historic property conducted?

        Antiquities section, ß9-8-304

        The Antiquities Section within the Division of State History is responsible for identifying, protecting, and preserving archaeological resources and specimens.

      11. What specific historic or cultural properties are regulated by the stateís historical commission?

        We are unable to locate information relevant to this question at this time.

  5. Special Funding Sources

    1. Special Funding for Protection and Preservation of Burials

      1. How is the income from cemetery land to be used and dispersed in this state?

        Proceeds of resale of lots, ß8-5-5

        The proceeds of a resale of a cemetery lot that has been returned to a municipality or cemetery maintenance district must be deposited in the permanent care and improvement fund for the cemetery, minus costs of any court proceedings involved in reclaiming the lot.

        State treasurer to receive donations, ß8-2-1

        The state treasurer may receive deposits greater than $50 intended for perpetual care, maintenance, or improvement of any cemetery or lots within any cemetery. If the cemetery is privately owned, the owner must provide that the deposit will be applied to its intended purpose.

        Investment of funds, ß8-2-2

        Money deposited with the state treasurer for cemeteries is invested with the approval of the governor, and annually accrued interest is paid to the authority over the cemetery for which the deposit was intended.

      2. How is a state historic acquisition and preservation fund administered?

        Federal funds, ß9-8-405

        The Division of State History may accept and administer federal funds under the Historic Preservation Act of 1966 and other legislation encouraging historic preservation.

      3. How are trust funds for the maintenance of cemeteries established and administered?

        Endowment care cemetery trust funds, ß8-4-2

        An endowment care fund must be used for the care and maintenance of the cemetery, or to pay for administering the fund. An endowment care cemetery trust fund must have an initial minimum deposit of $25,000 and have a minimum of $1.50 for each square foot of grave, $15 for each niche, and $60 for each crypt that has been sold or disposed of. Funds can only be collected under a signed, written contract between the cemetery and the purchaser. The cemetery must publish an annual report verified by an officer of the cemetery to all trustor lot holders. The funds must be held by an independent trustee. It is a class A misdemeanor to intentionally or willfully fail to deposit funds within 30 days of receipt or fail to provide an annual report.

        Withdrawals from endowment fund, ß8-4-3

        When the endowment care fund balance reaches $100,000, the cemetery authority may withdraw the initial deposit of $25,000 at the rate of $1,000 for each additional $3,000 added to the fund.

        Insufficiency in endowment fund, ß8-4-4

        Any endowment care fund with a balance below the amount required by law must immediately deposit enough money to reach the balance required. The trustee must notify the cemetery of the deficiency in funds, and if the fund has not been brought into compliance within 60 days of notice, the trustee must file a lien against the cemetery for the amount needed for the endowment care fund.

      4. How are state historic archives maintained?

        We are unable to locate information relevant to this question at this time.

      5. How may the state enter into private contracts for recovering and preserving historical artifacts?

        We are unable to locate information relevant to this question at this time.

      6. What funding exists for state historical education efforts?

        Centennial history fund, ß 9-8-604

        The Division of State History administers money appropriated for the centennial history project, the goal of which is to record reliable histories of counties throughout the state.

      7. What funding exists for state museumsí scientific services?

        We are unable to locate information relevant to this question at this time.

    2. Special Funding for Public Lands

      1. What special funding sources are there for protection and preservation of burials on public lands?

        Historical magazine proceeds, ß9-8-206

        Proceeds from any historical magazines, books, or other documents published by the Division of State History are held by the treasurer of the state historical society.

        Historical society donations, ß9-8-207

        The Utah State Historical Society may collect membership dues and receive donations of money or property that become the property of the state. If the donor requests the donation be used in a certain manner, the Division of State History will ensure that it is used accordingly. Otherwise, the donations become part of the general fund of the society. Accounting records must be kept and reported to the governor.

    3. Special Funding for Private Lands

      1. What special funding sources are there for protection and preservation of burials on private lands?

        Historic preservation credit, ß59-7-609

        A taxpayer may apply 20% of qualified rehabilitation expenditures for a certified residential historic building of more than $10,000 as credit against tax due. The State Historic Preservation Office must approve the rehabilitation.

        Historic preservation tax credit, ß59-10-1006

        A claimant, estate, or trust may apply 20% of qualified rehabilitation expenditures for a certified residential historic building of more than $10,000 as credit against income tax due. The State Historic Preservation Office must approve the rehabilitation.

  6. State Recognition of Constituent Groups

    1. Laws Recognizing or Acknowledging Constituent Groups

      1. What laws are there recognizing or acknowledging constituent groups?

        Tribal ordinance or custom given full force and effect, ß9-9-209

        Any tribal ordinance or custom adopted by an Indian tribe, band, or community in the exercise of any authority that it may possess shall, if not inconsistent with any applicable civil law of the state, be given full force and effect in the determination of civil causes of action.

        Assumption by state of criminal and civil jurisdiction over Indians and Indian territory, ß9-9-201

        The state has criminal and civil jurisdiction over Indians and Indian territory, country, lands, or any portion thereof within the state of Utah.

        Property rights of Indians, ß9-9-208

        Nothing should be construed to authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States, authorize the regulation of the use of this property in a manner inconsistent with any federal treaty, agreement, or statute or with any regulation made pursuant to them; confer jurisdiction upon the state to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of this property or any interest in it; or enlarge, diminish, or deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under federal treaty, agreement, statute, or executive order with respect to Indian land grants, hunting, trapping, or fishing or the control, licensing, or regulation of these.

      2. What tribes are recognized by the state?

        Utah does not recognize any tribes.

      3. Are the state-recognized tribes different from the federally-recognized tribes in the state?

        Yes, the following tribes are recognized by the federal government: Confederated Tribes of the Goshute Reservation, Navajo Nation, Northwestern Band of Shoshoni Nation of Utah, Paiute Indian Tribe of Utah, Skull Valley Band of Goshute Indians of Utah, Ute Indian Tribe of the Uintah and Ouray Reservation, and the Ute Mountain Ute Tribe.

    2. Enforcement Laws

      1. What laws are there related to enforcement of recognition or acknowledgment of constituent groups?

        We are unable to locate information relevant to this question at this time.

    3. Compliance Laws

      1. What laws are there related to compliance with recognition or acknowledgment of constituent groups?

        We are unable to locate information relevant to this question at this time.

    4. Regulatory Laws

      1. What laws are there related to regulation of recognition or acknowledgment of constituent groups?

        We are unable to locate information relevant to this question at this time.

    5. Decision-Making Authorities

      1. What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?

        Review committee, ß9-9-405

        The Native American Remains Review Committee is composed of 7 members who monitor identification of remains, review findings about the identity and return of the remains, facilitate dispute resolution over ownership of the remains, consult with other tribes and state agencies, and make recommendations for repatriating Native American remains. Findings by the review committee may be used in legal actions over remains. However, the review committee does not limit the authority of a state agency to return remains, enter into agreements about control and disposition of remains, delay actions, or limit procedural or substantive rights or laws pertaining to theft or stolen property. See the savings provision at ß9-9-406.

      2. How are Indian sacred sites regulated?

        Antiquities section, ß9-8-304

        The Antiquities Section within the Division of State History is responsible for identifying, protecting, and preserving archaeological resources and specimens.

      3. Is there a state Indian Affairs Commission or equivalent?

        Yes, there is the Utah Division of Indian Affairs. See ß9-9-102.

      4. How is the state Indian Affairs Commission or equivalent composed?

        Division director, ß9-9-105

        The director of the Division of Indian Affairs must be knowledgeable in Indian affairs and government administration, and is appointed with the approval of the governor.

      5. What are the powers and duties of the state Indian Affairs Commission?

        Duties and powers, ß9-9-104

        The Division of Indian Affairs coordinates relations between the state, tribal governments, other Indian groups, and federal agencies. It may contract with private and public entities, acquire and hold funds or other property, make rules to carry out its duties, accept gifts, grants, and property for the benefit of Indians, and use gifts, grants, and property for the benefit of Indians within the state.

        Meetings with tribal leaders and Indian groups, ß9-9-104.5

        The Division of Indian Affairs meets regularly with elected officials or their designees of Indian tribes within the state, coordinates a joint meeting at least 5 times a year with representatives of tribal governments to address the needs of Native Americans in the state, and may meet with Indian groups other than tribal governments representing the interests of Native Americans who are citizens of the state. For a list of tribal governments that must be represented, see ß9-9-104.5.

        Participation of state agencies, ß9-9-104.6

        The Division of Indian Affairs must coordinate with tribal governments and certain state agencies to encourage broad participation in at least 3 of the joint meetings outlined in ß9-9-104.5. For a list of state agencies that may participate in these meetings, see ß9-9-104.6.

      6. Is there a state Indian cultural heritage commission?

        See the Division of Indian Affairs above.

    6. Special Funding

      1. What special funding sources are there for state recognition or acknowledgment of constituent groups?

        San Juan Navajo Revitalization Fund, ß9-11-104

        The San Juan Navajo Revitalization Fund is an interest-earning fund containing money and loan repayments under the Navajo Revitalization Fund Act.

        Navajo Revitalization Fund Board, ß9-11-105

        The Board is composed of 5 members, 1 selected by the governor who acts as chairperson and 4 others from Navajo organizations within the state.

        Powers and duties, ß9-11-106

        The Board oversees grants and loans made to persons socially or economically impacted by mineral resource development, creates eligibility criteria, supervises projects, and determines funding of projects.

        Eligibility for assistance, ß9-11-107

        The Board gives preference to funding of projects that provide electricity or water, housing, economic or educational development, or preservation of Navajo culture, history, and language.

        Annual report, ß9-11-108

        The division reports annually to the Native American Legislative Liaison Committee and the governor concerning the number and type of loans and grants made, as well as a list of recipients.


All citations refer to the Utah State Code (2009), which can be accessed in its entirety at http://www.le.utah.gov/UtahCode/title.jsp.


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