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7 LONG TITLE
8 Committee Note:
9 The Economic Development and Workforce Services Interim Committee recommended
10 this bill.
11 Legislative Vote: 10 voting for 0 voting against 7 absent
12 General Description:
13 This bill modifies provisions related to the Department of Heritage and Arts.
14 Highlighted Provisions:
15 This bill:
16 ▸ modifies the requirements for a state agency to begin an undertaking on a historic
17 property;
18 ▸ modifies the requirements for receiving a distribution from the Martin Luther King,
19 Jr. Civil Rights Support Restricted Account; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 9-8-404, as last amended by Laws of Utah 2019, Chapter 221
28 9-18-102, as enacted by Laws of Utah 2012, Chapter 332
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 9-8-404 is amended to read:
32 9-8-404. Agency responsibilities -- State historic preservation officer to comment
33 on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.
34 (1) (a) Before [
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36 agency shall:
37 (i) take into account the effect of the undertaking on any historic property; and
38 (ii) provide the state historic preservation officer with a written evaluation of the
39 undertaking's effect on any historic property.
40 (b) The state historic preservation officer shall provide to the agency a written
41 comment on the agency's determination of effect within 30 days after the day on which the state
42 historic preservation officer receives a written evaluation described in Subsection (1)(a)(ii).
43 (c) If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is
44 an adverse effect to a historic property, the agency shall enter into a formal written agreement
45 with the state historic preservation officer describing how each adverse effect will be mitigated
46 before the agency may expend state funds or provide financial assistance for the undertaking.
47 (d) The state historic preservation officer shall make available to the Public Lands
48 Policy Coordinating Office a list of undertakings on which an agency or federal agency has
49 requested the state historic preservation officer's or the Antiquities Section's advice or
50 consultation.
51 (e) The Public Lands Policy Coordinating Office may request the joint analysis
52 described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic
53 preservation officer or Antiquities Section is providing advice or consultation.
54 (2) (a) If the state historic preservation officer does not concur with the agency's
55 written evaluation required by Subsection (1)(a)(ii), the state historic preservation officer shall
56 inform the Public Lands Policy Coordinating Office of any objections.
57 (b) The Public Lands Policy Coordinating Office shall review the state historic
58 preservation officer's objections and determine whether or not to initiate the joint analysis
59 established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic
60 preservation officer informs the Public Lands Policy Coordinating Office of the objections.
61 (c) If the Public Lands Policy Coordinating Office determines further analysis is
62 necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the
63 state historic preservation officer, analyze:
64 (i) the cost of the undertaking, excluding costs attributable to the identification,
65 potential recovery, or excavation of historic properties;
66 (ii) the ownership of the land involved;
67 (iii) the likelihood of the presence and the nature and type of historical properties that
68 may be affected by the expenditure or undertaking; and
69 (iv) clear and distinct alternatives for the identification, recovery, or excavation of
70 historic properties, including ways to maximize the amount of information recovered and
71 report that information at current standards of scientific rigor.
72 (d) The Public Lands Policy Coordinating Office, the agency, and the state historic
73 preservation officer shall also consider as part of the joint analysis:
74 (i) the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a
75 percentage of the total cost of the undertaking; and
76 (ii) at least one plan for the identification, recovery, or excavation of historic properties
77 that does not substantially increase the cost of the proposed undertaking.
78 (3) (a) (i) If the state historic preservation officer concurs with the agency's evaluation
79 or if the Public Lands Policy Coordinating Office determines that the joint analysis is
80 unnecessary, the state historic preservation officer shall, no later than 30 calendar days after
81 receiving the agency's evaluation, provide formal comments on the agency's evaluation.
82 (ii) If a joint analysis is conducted, the state historic preservation officer shall provide
83 formal comments on the agency's evaluation no later than 30 calendar days after the conclusion
84 of the joint analysis.
85 (b) The state historic preservation officer shall ensure that the comments include the
86 results of any joint analysis conducted under Subsection (2).
87 (c) If a joint analysis is not conducted, the state historic preservation officer's
88 comments may include advice about ways to maximize the amount of historic, scientific,
89 archaeological, anthropological, and educational information recovered, in addition to the
90 physical recovery of artifacts and the reporting of archaeological information at current
91 standards of scientific rigor.
92 Section 2. Section 9-18-102 is amended to read:
93 9-18-102. Martin Luther King, Jr. Civil Rights Support Restricted Account.
94 (1) There is created in the General Fund a restricted account known as the "Martin
95 Luther King, Jr. Civil Rights Support Restricted Account."
96 (2) The account shall be funded by:
97 (a) contributions deposited into the account in accordance with Section 41-1a-422;
98 (b) private contributions; and
99 (c) donations or grants from public or private entities.
100 (3) Upon appropriation by the Legislature, the department shall distribute funds in the
101 account to one or more charitable organizations that[
102 Section 501(c)(3) of the Internal Revenue Code[
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104 [
105 constitutional and civil rights;
106 [
107 Declaration of Independence;
108 [
109 underserved scholarships; [
110 [
111 administer and facilitate an underrepresented or underserved internship program.
112 (4) (a) An organization described in Subsection (3) may apply to the department to
113 receive a distribution in accordance with Subsection (3).
114 (b) An organization that receives a distribution from the department in accordance with
115 Subsection (3) shall expend the distribution only to:
116 (i) facilitate, coordinate, and encourage appropriate ceremonies and activities that
117 commemorate the federal Martin Luther King, Jr. holiday;
118 (ii) create or support programs that promote awareness and education of constitutional
119 and civil rights;
120 (iii) provide education and training in inalienable rights as set forth in the Declaration
121 of Independence;
122 (iv) partner with educational institutions to administer underrepresented or underserved
123 scholarships;
124 (v) partner with government agencies within the state and the private sector to
125 administer and facilitate an underrepresented or underserved internship program; [
126 (vi) pay the costs of issuing or reordering Martin Luther King, Jr. Civil Rights Support
127 special group license plate decals.
128 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
129 department may make rules providing procedures for an organization to apply to the
130 department to receive a distribution under this Subsection (3).
131 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
132 nonlapsing.