As in effect on June 1, 2008
Section 9-8-201 provides for the creation and purpose of the division.
Section 9-8-203 defines the division's duties and includes the provision to mark and preserve historic sites, areas, and remains.
Section 9-8-304 specifies the Antiquities section duties and includes responsibility for the stimulation of research, study, and activities in the field of antiquities; the marking, protection, and preservation of sites; the administration of site survey and excavation records; and the cooperation with local, state, and federal agencies and all interested persons to achieve the purposes of this part and Part 4.
Section 9-8-305 provides that the division shall make rules for the issuance of permits for the survey and excavation of archaeological resources on state lands and allows for the division to enter into memoranda of agreement to issue permits for federal and Native American lands within the state.
Section 9-8-306 requires a permit to excavate a privately owned designated landmark.
Section 9-8-307 requires any person who discovers any archaeological resources on privately owned lands to promptly report the discovery to the division and discourages field investigations except by those holding a permit from the division.
Section 9-8-404 regards the issuance of a permit in consultation with the State Historic Preservation Officer.
The primary purposes of issuing a permit are to:
A. Ensure that survey, excavation and related work are consistently and reliably executed by qualified personnel; and,
B. Ensure that educational, scientific, archaeological, anthropological, and historical information is recovered and preserved; and,
C. Ensure that physical items recovered and owned by the state are not lost to the people of Utah.
This rule applies to all those seeking a permit from the division on any lands within the State of Utah.
A. Terms used in this rule are defined in Section 9-8-302.
B. In addition:
1. "board" means the Board of State History;
2. "division" means the Division of State History;
3. "director" means the Director of the division;
4. "recovery" means the scientific disturbance, removal, or study of subsurface and substantial surface archaeological resources by a qualified permit holder.
5. "permit" means a valid approval by the division issued to professionals meeting qualifications.
6. "section" means the Antiquities Section of the division.
7. "surface investigation" means the study, including insubstantial surface collection and limited subsurface testing, of archaeological resources for determination of elegibility for State or National Register.
The division shall issue a permit for the survey or excavation of archaeological resources to individuals and entities who demonstrate compliance with the following requirements:
A. Education, Experience, and Capabilities.
1. Archaeologists shall meet the minimum standards for education and experience set by federal regulation. The federal regulations, codified as 43 CFR 7.8, Subtitle A (October 1, 2000 Edition) as amended, Issuance of permits are hereby incorporated by reference.
a) Archaeologists shall be Registered Professional Archaeologists (RPA) in good standing, as recognized by the Register of Professional Archaeologists. Applicants listed on Antiquities Permits at the time this rule takes effect, but who may not meet the standards for RPA status, will not have their permit status revoked.
2. Applicants shall submit a resume or vita as proof of compliance.
3. Applicants shall provide written evidence indicating the ability to conduct surveys or the proposed excavation in a manner consistent with current professional practice, including access to proper equipment and facilities, and use of other personnel qualified to execute portions of the research design.
4. All work conducted under authority of an Antiquities Permit shall be undertaken to current standards of scientific rigor, and must conform to standards established by the Utah Professional Archaeological Council and the Register of Professional Archaeologists.
A. A survey permit is issued to a qualified professional upon request. The permit holder may conduct archaeological surveys on behalf of land owners within the State of Utah.
A. The division may issue a permit for excavation on lands owned or controlled by the state and its subdivisions, and on school and institutional trust lands when permitting authority is delegated to the division, when the applicant complies with the requirements of sub-section C.
B. The division may issue a permit for excavation on other lands, including private lands, when the landowner gives permission and the applicant complies with the requirements of sub-section C.
C. The division shall require that the applicant:
1. Provide a research design which:
a) explicitly states the questions to be addressed;
b) the reasons for conducting the work;
c) defines the methods to be used;
d) describes the analysis to be performed;
e) outlines the expected results and the plans for reporting;
f) evaluates expected contributions of the proposed archaeological work to archaeological science and the field of anthropology or related disciplines;
g) provides for recovery of the maximum amount of historic, scientific, archaeological, anthropological, and educational information;
h) provides that the physical recovery of specimens and the reporting of archaeological information meet current standards of scientific rigor and conforms to standards established by the Utah Professional Archaeological Council and the Register of Professional Archaeologists; and
i) provides that no specimen, site or portion of any site is removed from the state of Utah, prior to placement in a museum, repository, or curation facility, without explicit permission from the division and after consultation with landowners and any other agency managing any interest in the land.
2. Possess written proof of consultation with the appropriate Native American Tribe or Nation, if required by law.
3. Provide written proof of consultation with the Museum of Natural History, if required by law.
4. Possess written proof of consultation with other agencies that manage other legal interests in the land.
5. Provide all other information requested by the division.
All permits shall contain the following provisions:
A. A permittee shall provide reports documenting results of the work and data obtained, and deliver relevant records, site forms, and reports to the section within the time specified in the permit.
B. A permittee who discovers human remains shall cease further activity and notify the landowner, antiquities section and appropriate agencies pursuant to Section 9-9-403 and 76-9-704.
C. Duration of Permits.
1. Survey permits are issued for a period of up to two years.
2. Permits for excavation are issued for a period of time necessary to accomplish the proposed work.
a) The period of time may be extended by the division upon application of the permittee and
b) The Museum of Natural History shall be consulted by the permittee if the duration of a required excavation permit is to be modified.
D. Other provisions the division deems necessary.
A. Application for a survey or excavation permit shall be made on a form provided by the section. Applicants shall fully complete the application form.
B. Applicants shall be notified of the acceptance or rejection of the completed application within 30 calendar days.
If the division receives information indicating a violation of statute or rule, the division shall make a good faith effort to notify the alleged violator of the legal requirements and potential penalties. The division shall also notify the landowner, and take other actions deemed necessary.
If the permittee fails to comply with any statute, rule, or the provisions of the permit, the division may terminate the permit, temporarily suspend the permit, place additional restrictions on a permit, require other conditions, refuse to issue a permit, or take other appropriate actions.
A. Before action is taken regarding a permit, the division shall notify the permittee.
1. The notification shall describe deficiencies in performance or qualifications.
2. The division shall provide the permittee a reasonable opportunity to respond.
B. The division shall take into account a permittee's timely response before taking action on a permit.
C. The division may seek a peer review as necessary.
Any applicant desiring review of a decision concerning an application, termination, or other conditions placed on a permit may appeal the decision pursuant to R212-1.
The division shall maintain records of archaeological sites and localities. Access to location information within these records shall be restricted to those with legitimate research interests, and those holding valid permits, landowners, or state or federal agencies in accordance with the requirements contained in 16 USC 470 Section 304, the National Historic Preservation Act of 1966, as amended, and Title 63, Chapter 2.
Exceptions to this rule may be granted, with landowner permission, in emergency cases requiring immediate action, if in the best judgment of the division the intent of the law will not be compromised. The division shall require that a permit application be filed as soon as possible. The division shall notify the board of this action as soon as possible.
administrative procedures, archaeology
November 23, 2004
August 1, 2006
9-8-302; 9-8-305; 9-9-403; 63-2; 16 USC 470 Sec. 304; 43 CFR 7.8 Subtitle A
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