DAR File No. 29168

Community and Culture, History

R212-7

Cultural Resource Management

NOTICE OF PROPOSED RULE

DAR File No.: 29168
Filed: 10/30/2006, 01:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes time frames and procedures in response to state and federal agency requests.

Summary of the rule or change:

Section 9-8-404 has been amended (see H.B. 139, 2006 General Session) which establishes a joint analysis process between agencies, the State Historic Preservation Office, and the Governor's Public Lands Policy Coordination Office which eliminates the need for this rule. Section 9-8-404 was also amended to read that objections or advice can go through a joint analysis process as determined by the Governor's Public Land Policy Coordination Office. (DAR NOTE: H.B. 139 (2006) is found at Chapter 292, Laws of Utah 2006, and was effective 03/01/2006.)

State statutory or constitutional authorization for this rule:

Sections 9-8-404 and 9-8-305

Anticipated cost or savings to:

the state budget:

None--This process has been replaced through statutory changes and determined by the legislature to have no fiscal impact to the state.

local governments:

None--This process has been replaced through statutory changes and determined by the legislature to have no fiscal impact to local governments.

other persons:

None--This process has been replaced through statutory rule changes and determined by the legislature to have no fiscal impact to other individuals.

Compliance costs for affected persons:

None--This process has been replaced through statutory changes and will impose no additional compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impacts on businesses. Palmer DePaulis, Executive Director

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

Community and Culture
History
300 RIO GRANDE
SALT LAKE CITY UT 84101-1182

Direct questions regarding this rule to:

Alycia Aldrich at the above address, by phone at 801-533-3556, by FAX at 801-533-3567, or by Internet E-mail at AALDRICH@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2006

This rule may become effective on:

12/22/2006

Authorized by:

Philip F Notarianni, Director

R212. Community and Culture, History.

[R212-7. Cultural Resource Management.

R212-7-1. Scope and Applicability.

Purpose: to establish time frames and procedures in response to state and federal agency requests in conformance with applicable state and federal cultural resource management laws, rules, and regulations contained in Section 9-8-404, Utah Code; 36 CFR 800 (01-11-2001 edition) and 16 USC 470 Section 110 of the National Historic Preservation Act as amended. These federal laws and regulations are incorporated by reference in this rule.

 

R212-7-2. Definitions.

A. Terms used in this rule are defined in Section 9-8-302, 36 CFR 800 (01-11-2001 edition), and 16 USC 470 Section 110 of the National Historic Preservation Act as amended.

B. In addition:

1. "division" means the Division of State History;

2. "director" means the director of the Division of State History;

 

R212-7-3. Conformance of Division to State Rules and Federal Regulations.

A. The Division of State History will follow applicable regulations pursuant to an annually executed agreement with the National Park Service and state rules to insure that its activities take into account the effect on cultural resources.

1. The division shall seek creative solutions to avoid or minimize adverse effects on cultural resources and seek ways to allow adverse effects to be mitigated creatively when they cannot be avoided.

B. In that regard, the division shall encourage alternative proposals which may allow for the destruction of a site(s) or area(s) when alternative mitigation or treatment plans can be made which will allow for the development, endowment, promotion, scientific investigation of other resources more suited to public education, education involvement, appreciation and science.

 

R212-7-4. Division Responsibility to Other Agencies.

1. The division may consult with or provide professional information to state and federal agencies requesting consultation under Section 9-8-404, Utah Code and under 16 USC 470 Sections 106 and 110 the Historic Preservation Act of 1966 as amended. These federal regulations are incorporated by reference in this rule.

2. The information provided to a consulting person or entity will be limited to standards and regulations as issued by the U.S. Secretary of the Interior.

3. If the division responds, then it shall state that the federal or state agency shall take into account the comments.

4. Responses may be provided within 30 days of receipt of request.

5. Adequate completion of permit requirements for excavation on lands may satisfy mitigation as far as the State Historic Preservation Officer is concerned.

 

KEY: historic preservation, cultural resources, management

Date of Enactment or Last Substantive Amendment: May 21, 2002

Notice of Continuation: September 26, 2001

Authorizing, and Implemented or Interpreted Law: 9-8-302; 9-8-404; 16 USC 470 Sec. 106; 16 USC 470 Sec. 110]