This document includes House Committee Amendments incorporated into the bill on Thu, Feb 6, 2020 at 11:23 AM by naomigarrow.



Chief Sponsor: Timothy D. Hawkes

Senate Sponsor: Scott D. Sandall


8     General Description:
9          This bill creates the Cultural Site Stewardship Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Cultural Site Stewardship Program (stewardship program) within the
14     Division of State History (division);
15          ▸     describes stewardship program objectives and activities; and
16          ▸     grants rulemaking authority to the division.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     ENACTS:
23          9-8-208, Utah Code Annotated 1953

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 9-8-208 is enacted to read:
27          9-8-208. Cultural Site Stewardship Program -- definitions -- creation -- objectives

28     -- administration -- activities.
29          (1) As used in this section:
30          (a) (i) "Cultural site" means a significant archaeological or paleontological site in the
31     state as determined by the division.
32          (ii) "Cultural site" may include a:
33          (A) site as defined in Section 9-8-302; and
34          (B) site as defined in Section 79-3-102.
35          (b) "Stewardship program" means the Cultural Site Stewardship Program created in
36     this section.
37          (c) "Vandalism" means to damage, destroy, or commit any other act that defaces or
38     harms a cultural site without the consent of the owner or appropriate governmental agency,
39     including inscribing, marking, etching, scratching, drawing, painting on, or affixing to the
40     cultural resource a mark, figure, or design.
41          (2) There is created within the division the Cultural Site Stewardship Program.
42          (3) The division shall seek to accomplish the following objectives through
43     administration of the stewardship program:
44          (a) protect cultural sites located in the state;
45          (b) increase public awareness of the significance and value of cultural sites and the
46     damage done to cultural sites by vandalism;
47          (c) discourage vandalism and the unlawful sale and trade of archaeological artifacts
48     and paleontological artifacts;
49          (d) support and encourage improved standards for investigating and researching
50     cultural sites in the state;
51          (e) promote cooperation among governmental agencies, private landowners, Ĥ→ [
51a     Native American ←Ĥ
52     tribes, Ĥ→ industry groups, ←Ĥ and interested persons to protect cultural sites; and
53          (f) increase the inventory of cultural sites maintained in accordance with Subsections
54     9-8-304(2)(b) and 79-3-202(1)(m).
55          (4) The division shall:
56          (a) maintain a position to oversee the operation of the stewardship program; and
57          (b) provide administrative services to the stewardship program.
58          (5) The division shall select, train, and certify volunteers to participate in the

59     stewardship program, based on rules made by the division in accordance with Title 63G,
60     Chapter 3, Utah Administrative Rulemaking Act.
61          (6) To accomplish the stewardship program's objectives, the division shall:
62          (a) enter into agreements with the entities described in Subsection (3)(e) to promote the
63     protection of cultural sites;
64          (b) establish a list of cultural sites suitable for monitoring, in cooperation with the
65     entities described in Subsection (3)(e);
66          (c) schedule periodic monitoring activities by volunteers of each cultural site included
67     on the list described in Subsection (6)(b), after obtaining approval of the landowner or
68     manager;
69          (d) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative
70     Rulemaking Act, for reporting vandalism of a cultural site to the appropriate authority; and
71          (e) establish programs for educating members of the public about the significance and
72     value of cultural sites and the loss to members of the public resulting from vandalism of
73     cultural sites.
74          (7) The division shall coordinate the activities of governmental agencies, private
75     landowners, and Ĥ→ [
Indian] Native American ←Ĥ tribes, as necessary, to carry out the
75a     stewardship program.
76          (8) A volunteer participating in the stewardship program may not receive
77     compensation, benefits, per diem allowance, or travel expenses for the volunteer's service.
78          (9) The division may accept gifts, grants, donations, or contributions from any source
79     to assist the division in the administration of the stewardship program.
79a     Ĥ→ (10) Nothing in this section may be construed to alter or affect the division's duties under
79b     Section 9-8-404. ←Ĥ