Renumbered 7/1/2023)

Renumbered 7/1/2023
9-8-301.  Purpose.

(1)  The Legislature declares that the general public and the beneficiaries of the school and institutional land grants have an interest in the preservation and protection of the state‘s archaeological and anthropological resources and a right to the knowledge derived and gained from scientific study of those resources.

Terms Used In Utah Code 9-8-301

  • Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8-302
  • Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8-302
  • Division: means the Division of State History created in Section 9-8-201. See Utah Code 9-8-302
  • Land: includes :Utah Code 68-3-12.5
  • Repository: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8-302
  • Site: means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. See Utah Code 9-8-302
  • 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
  • Survey: means a surface investigation for archaeological resources that may include:
(a) insubstantial surface collection of archaeological resources; and
(b) limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property. See Utah Code 9-8-302
(2) 

(a)  The Legislature finds that policies and procedures for the survey and excavation of archaeological resources from school and institutional trust lands are consistent with the school and institutional land grants, if these policies and procedures insure that primary consideration is given, on a site or project specific basis, to the purpose of support for the beneficiaries of the school and institutional land grants.

(b)  The Legislature finds that the preservation, placement in a repository, curation, and exhibition of specimens found on school or institutional trust lands for scientific and educational purposes is consistent with the school and institutional land grants.

(c)  The Legislature finds that the preservation and development of sites found on school or institutional trust lands for scientific or educational purposes, or the disposition of sites found on school or institutional trust lands, after consultation between the division and the School and Institutional Trust Lands Administration to determine the appropriate level of data recovery or implementation of other appropriate preservation measures, for preservation, development, or economic purposes, is consistent with the school and institutional land grants.

(d)  The Legislature declares that specimens found on lands owned or controlled by the state or its subdivisions may not be sold.

(3)  The Legislature declares that the historical preservation purposes of this chapter must be kept in balance with the other uses of land and natural resources which benefit the health and welfare of the state’s citizens.

(4)  It is the purpose of this part and 4, to provide that the survey, excavation, curation, study, and exhibition of the state’s archaeological and anthropological resources be undertaken in a coordinated, professional, and organized manner for the general welfare of the public and beneficiaries alike.

Amended by Chapter 189, 2014 General Session

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