Renumbered 7/1/2023)

9-8-304.  Antiquities Section created — Duties.

(1)  There is created within the division the Antiquities Section.

Terms Used In Utah Code 9-8-304

  • Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8-302
  • Ancient human remains: means all or part of the following that are historic or prehistoric:
(a) a physical individual; and
(b) any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. See Utah Code 9-8-302
  • Antiquities Section: means the Antiquities Section of the Division of State History created in Section 9-8-304. See Utah Code 9-8-302
  • 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
  • Collection: means a specimen and the associated records documenting the specimen and its recovery. 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
  • 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
  • State historic preservation officer: means that position mentioned in 54 U. See Utah Code 9-8-302
  • 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
  • Writing: includes :Utah Code 68-3-12.5
  • (2)  The Antiquities Section shall:

    (a)  promote research, study, and activities in the field of antiquities;

    (b)  assist with the marking, protection, and preservation of sites;

    (c)  assist with the collection, preservation, and administration of specimens until the specimens are placed in a repository or curation facility;

    (d)  provide advice on the protection and orderly development of archaeological resources, and in doing so confer with the Public Lands Policy Coordinating Office if requested;

    (e)  assist with the excavation, retrieval, and proper care of ancient human remains discovered on nonfederal lands in accordance with:

    (i)  Section 9-8-309;

    (ii)  Section 9-9-403;

    (iii)  Subsection 76-9-704(3); and

    (iv)  federal law;

    (f)  collect and administer site survey and excavation records;

    (g)  edit and publish antiquities records;

    (h)  inform the state historic preservation officer in writing about any request for advice or consultation from an agency or an agency’s agent; and

    (i)  employ an archaeologist meeting the requirements of 36 C.F.R. § 61.4.

    (3)  The Antiquities Section shall cooperate with local, state, and federal agencies and all interested persons to achieve the purposes of this part and 4.

    (4)  Before performing the duties specified in Subsections (2)(a) through (e), the Antiquities Section shall obtain permission from the landowner.

    Amended by Chapter 231, 2007 General Session