H.B. 308 Enrolled

ARCHEOLOGICAL RESOURCES AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bradley T. Johnson
Senate Sponsor: Michael G. Waddoups

LONG TITLE
General Description:
This bill provides for an analysis of proposed undertakings on lands owned or
controlled by the state.
Highlighted Provisions:
This bill:
. declares that historical preservation must be kept in balance with other uses of state
land and natural resources which benefit the citizens of Utah;
. provides for an analysis of proposed undertakings on lands owned or controlled by
the state or its subdivisions and lists the individuals who are to take part in the
analysis; and
. directs the Legislature's Natural Resources, Agriculture, and Environment Interim
Committee to perform a study and make a recommendation.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-8-301, as last amended by Chapter 42, Laws of Utah 1998
9-8-404, as last amended by Chapter 170, Laws of Utah 1995
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-8-301 is amended to read:
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.
(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.
[(3)] (4) It is the purpose of this part and Part 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.
Section 2. Section 9-8-404 is amended to read:
9-8-404. Agency responsibilities -- State historic preservation officer to include
antiquities section comments.
(1) Before expending any state funds or approving any undertaking, each state agency
shall:
(a) take into account the effect of the undertaking on any district, site, building, structure,
or specimen that is included in or eligible for inclusion in the National Register of Historic
Places, or the State Register; and
(b) subject to Subsection (3), allow the state historic preservation officer a reasonable
opportunity to comment with regard to the undertaking or expenditure.
(2) (a) The state historic preservation officer shall include the comments of the section in
all responses.
(b) The section may include advice on ways to maximize the amount of historic,
scientific, archaeological, anthropological, and educational information recovered, in addition to
the physical recovery of specimens and the reporting of archaeological information at current
standards of scientific rigor.
(c) The section shall include the results of the joint analysis conducted pursuant to
Subsection (3).
(3) (a) When requested by a state agency, the comments of the state historic preservation
officer shall be preceded by a period of joint analysis of the proposed undertaking involving the
state agency, the state historic preservation officer, the section, and the state planning coordinator
or the coordinator's designee.
(b) The joint analysis conducted pursuant to Subsection (3)(a) shall consider:
(i) the cost of the undertaking, excluding costs attributable to the identification, potential
recovery, or excavation of historic properties;

(ii) ownership of the land involved;
(iii) the opinion of the section about the likelihood of the presence and the nature and
type of historical properties which may be involved; and
(iv) formulation and presentation by the section of clear and distinct alternatives for the
identification, recovery, or excavation of historic properties, including estimated costs of these
efforts in total and as percentages of the total cost of the project identified in Subsection (3)(b)(i),
provided that one of the alternatives shall be to present a plan for identification, recovery, or
excavation of historic properties which does not substantially increase the cost of the proposed
undertaking.
Section 3. Interim Committee Study.
(1) It is the intent of the Legislature that the Natural Resources, Agriculture, and
Environment Interim Committee study and make recommendations regarding the most
appropriate location for the analysis of proposed undertakings on lands owned or controlled by
the state or its subdivisions.
(2) It is the intent of the Legislature that the recommendations provided in Subsection
(1), together with proposed legislation, if determined to be necessary, be presented to the
Legislative Management Committee by the Natural Resources, Agriculture, and Environment
Interim Committee no later than October 31, 2005.