Renumbered 7/1/2023)

Renumbered 7/1/2023
9-8-208.  Cultural Site Stewardship Program — Definitions — Creation — Objectives — Administration — Activities.

(1)  As used in this section:

Terms Used In Utah Code 9-8-208

  • Division: means the Division of State History. See Utah Code 9-8-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a) 

(i)  “Cultural site” means a significant archaeological or paleontological site in the state as determined by the division.

(ii)  “Cultural site” may include a:

(A)  site as defined in Section 9-8-302; and

(B)  site as defined in Section 79-3-102.

(b)  “Stewardship program” means the Cultural Site Stewardship Program created in this section.

(c)  “Vandalism” means to damage, destroy, or commit any other act that defaces or harms a cultural site without the consent of the owner or appropriate governmental agency, including inscribing, marking, etching, scratching, drawing, painting on, or affixing to the cultural resource a mark, figure, or design.

(2)  There is created within the division the Cultural Site Stewardship Program.

(3)  The division shall seek to accomplish the following objectives through administration of the stewardship program:

(a)  protect cultural sites located in the state;

(b)  increase public awareness of the significance and value of cultural sites and the damage done to cultural sites by vandalism;

(c)  discourage vandalism and the unlawful sale and trade of archaeological artifacts and paleontological artifacts;

(d)  support and encourage improved standards for investigating and researching cultural sites in the state;

(e)  promote cooperation among governmental agencies, private landowners, Native American tribes, industry groups, and interested persons to protect cultural sites; and

(f)  increase the inventory of cultural sites maintained in accordance with Subsections 9-8-304(2)(b) and 79-3-202(1)(m).

(4)  The division shall:

(a)  maintain a position to oversee the operation of the stewardship program; and

(b)  provide administrative services to the stewardship program.

(5)  The division shall select, train, and certify volunteers to participate in the stewardship program, based on rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(6)  To accomplish the stewardship program’s objectives, the division shall:

(a)  enter into agreements with the entities described in Subsection (3)(e) to promote the protection of cultural sites;

(b)  establish a list of cultural sites suitable for monitoring, in cooperation with the entities described in Subsection (3)(e);

(c)  schedule periodic monitoring activities by volunteers of each cultural site included on the list described in Subsection (6)(b), after obtaining approval of the landowner or manager;

(d)  establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for reporting vandalism of a cultural site to the appropriate authority; and

(e)  establish programs for educating members of the public about the significance and value of cultural sites and the loss to members of the public resulting from vandalism of cultural sites.

(7)  The division shall coordinate the activities of governmental agencies, private landowners, and Native American tribes, as necessary, to carry out the stewardship program.

(8)  A volunteer participating in the stewardship program may not receive compensation, benefits, per diem allowance, or travel expenses for the volunteer’s service.

(9)  The division may accept gifts, grants, donations, or contributions from any source to assist the division in the administration of the stewardship program.

(10)  Nothing in this section may be construed to alter or affect the division’s duties under Section 9-8-404.

Enacted by Chapter 179, 2020 General Session

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