State Codes and Statutes
Statutes > Utah > Title-09 > Chapter-08 > 9-8-3059-8-305. Permit required to survey or excavate on state lands -- Public LandsPolicy Coordinating Office to issue permits and make rules -- Ownership of collections andresources -- Revocation or suspension of permits -- Criminal penalties.
(1) (a) Except as provided by Subsections (1)(d) and (3)(c), each principal investigatorwho wishes to survey or excavate on any lands owned or controlled by the state, its politicalsubdivisions, or by the School and Institutional Trust Lands Administration shall obtain a surveyor excavation permit from the Public Lands Policy Coordinating Office.
(b) A principal investigator who holds a valid permit under this section may allow otherindividuals to assist the principal investigator in a survey or excavation if the principalinvestigator ensures that all the individuals comply with the law, the rules, the permit, and theappropriate professional standards.
(c) A person, other than a principal investigator, may not survey or excavate on any landsowned or controlled by the state, its political subdivisions, or by the School and InstitutionalTrust Lands Administration unless the person works under the direction of a principalinvestigator who holds a valid permit.
(d) A permit obtained before July 1, 2006 shall continue until the permit terminates on itsown terms.
(2) (a) To obtain a survey permit, a principal investigator shall:
(i) submit a permit application on a form furnished by the Public Lands PolicyCoordinating Office;
(ii) except as provided in Subsection (2)(b), possess a graduate degree in anthropology,archaeology, or history;
(iii) have one year of full-time professional experience or equivalent specialized trainingin archaeological research, administration, or management; and
(iv) have one year of supervised field and analytical experience in Utah prehistoric orhistoric archaeology.
(b) In lieu of the graduate degree required by Subsection (2)(a)(ii), a principalinvestigator may submit evidence of training and experience equivalent to a graduate degree.
(c) Unless the permit is revoked or suspended, a survey permit is valid for the timeperiod specified in the permit by the Public Lands Policy Coordinating Office, which may notexceed three years.
(3) (a) Except as provided by Subsection (3)(c), to obtain an excavation permit, aprincipal investigator shall, in addition to complying with Subsection (2)(a), submit:
(i) a research design to the Public Lands Policy Coordinating Office and the AntiquitiesSection that:
(A) states the questions to be addressed;
(B) states 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 plan for reporting;
(F) evaluates expected contributions of the proposed work to archaeological oranthropological science; and
(G) estimates the cost and the time of the work that the principal investigator believes isnecessary to provide the maximum amount of historic, scientific, archaeological,anthropological, and educational information; and
(ii) proof of permission from the landowner to enter the property for the purposes of thepermit.
(b) An excavation permit is valid for the amount of time specified in the permit, unlessthe permit is revoked according to Subsection (9).
(c) The Public Lands Policy Coordinating Office may delegate to an agency the authorityto issue excavation permits if the agency:
(i) requests the delegation; and
(ii) employs or has a long-term contract with a principal investigator with a valid surveypermit.
(d) The Public Lands Policy Coordinating Office shall conduct an independent review ofthe delegation authorized by Subsection (3)(c) every three years and may revoke the delegation atany time without cause.
(4) The Public Lands Policy Coordinating Office shall:
(a) grant a survey permit to a principal investigator who meets the requirements of thissection;
(b) grant an excavation permit to a principal investigator after approving, in consultationwith the Antiquities Section, the research design for the project; and
(c) assemble a committee of qualified individuals to advise the Public Lands PolicyCoordinating Office in its duties under this section.
(5) By following the procedures and requirements of Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, the Public Lands Policy Coordinating Office shall, afterconsulting with the Antiquities Section, make rules to:
(a) establish survey methodology;
(b) standardize report and data preparation and submission;
(c) require other permit application information that the Public Lands PolicyCoordinating Office finds necessary, including proof of consultation with the appropriate NativeAmerican tribe;
(d) establish what training and experience is equivalent to a graduate degree;
(e) establish requirements for a person authorized by Subsection (1)(b) to assist theprincipal investigator;
(f) establish requirements for a principal investigator's employer, if applicable; and
(g) establish criteria that, if met, would allow the Public Lands Policy CoordinatingOffice to reinstate a suspended permit.
(6) Each principal investigator shall submit a summary report of the work for eachproject to the Antiquities Section in a form prescribed by a rule established under Subsection(5)(b), which shall include copies of all:
(a) site forms;
(b) data;
(c) maps;
(d) drawings;
(e) photographs; and
(f) descriptions of specimens.
(7) (a) Except as provided in Subsection (7)(c), a person may not remove from Utah anyspecimen, site, or portion of any site from lands owned or controlled by the state or its politicalsubdivisions, other than school and institutional trust lands, without permission from the
Antiquities Section, and prior consultation with the landowner and any other agencies managingother interests in the land.
(b) Except as provided in Subsection (7)(c), a person may not remove from Utah anyspecimen, site, or portion of any site from school and institutional trust lands without permissionfrom the School and Institutional Trust Lands Administration, granted after consultation with theAntiquities Section.
(c) If a specimen, site, or portion of a site is placed in a repository or curation facility, aperson may remove it by following the procedures established by the repository or curationfacility.
(8) (a) Collections recovered from school and institutional trust lands are owned by therespective trust.
(b) Collections recovered from lands owned or controlled by the state or its subdivisions,other than school and institutional trust lands, are owned by the state.
(c) Within a reasonable time after the completion of fieldwork, each permit holder shalldeposit all collections at the museum, a curation facility, or a repository.
(d) The repository or curation facility for collections from lands owned or controlled bythe state or its subdivisions shall be designated according to the rules made under the authority ofSection 53B-17-603.
(9) (a) Upon complaint by an agency, the Public Lands Policy Coordinating Office shallinvestigate a principal investigator and the work conducted under a permit.
(b) By following the procedures and requirements of Title 63G, Chapter 4,Administrative Procedures Act, the Public Lands Policy Coordinating Office may revoke orsuspend a permit if the principal investigator fails to conduct a survey or excavation according tolaw, the rules enacted by the Public Lands Policy Coordinating Office, or permit provisions.
(10) (a) Any person violating this section is guilty of a class B misdemeanor.
(b) A person convicted of violating this section, or found to have violated the rulesauthorized by this section, shall, in addition to any other penalties imposed, forfeit allarchaeological resources discovered by or through the person's efforts to the state or therespective trust.
(11) The division may enter into memoranda of agreement to issue project numbers or toretain other data for federal lands or Native American lands within the state.
Amended by Chapter 382, 2008 General Session
