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CONCURRENT RESOLUTION CALLING FOR PROTECTION

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OF ARCHAEOLOGICAL SITES

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2022 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Karen Kwan

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Senate Sponsor: David P. Hinkins

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8     LONG TITLE
9     General Description:
10          This concurrent resolution addresses the protection of archaeological sites.
11     Highlighted Provisions:
12          This resolution:
13          ▸     describes the significance of archaeological sites in Utah;
14          ▸     provides examples of laws that address the protection of archaeological sites;
15          ▸     calls for the federal government to responsibly fund the protection of
16     archaeologically significant sites on lands managed by the federal government;
17          ▸     calls for the Department of Cultural and Community Engagement working with
18     other government agencies to responsibly protect archaeological sites on state lands;
19     and
20          ▸     calls for education of the public.
21     Special Clauses:
22          None
23     

24     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
25          WHEREAS, Utah has over 100,000 known archaeological sites with over 13,000 years
26     of human history represented in all 29 counties and all land jurisdictions;
27          WHEREAS, in Utah Code Section 9-8-401 the Legislature determines and declares
28     "that the public has a vital interest in all antiquities, historic and prehistoric ruins, and historic

29     sites, buildings, and objects which, when neglected, desecrated, destroyed or diminished in
30     aesthetic value, result in an irreplaceable loss to the people of this state";
31          WHEREAS, in Utah Code Section 9-8-301 the Legislature declares "that the general
32     public and the beneficiaries of the school and institutional land grants have an interest in the
33     preservation and protection of the state's archaeological and anthropological resources and a
34     right to the knowledge derived and gained from scientific study of those resources";
35          WHEREAS, the state of Utah's Resource Management Plan celebrates the significance
36     of archaeological and historical values within Utah's communities, finds these values benefit
37     the quality of life in Utah, and establishes an objective to partner with federal agencies for
38     archaeological site protections;
39          WHEREAS, recreational activities and visitation on Utah's public lands and school and
40     institutional trust lands is increasing at an exponential rate;
41          WHEREAS, in recent years there have been multiple, publicized acts of vandalism on
42     Utah's irreplaceable cultural resources from defacement and theft of cultural patrimony;
43          WHEREAS, laws exist to provide for the prosecution of vandalism and looting of
44     archaeological sites;
45          WHEREAS, Utah Code, Title 76, Chapter 6, Part 9, Cultural Sites Protection, which
46     applies to state and private lands in the state, makes it unlawful for a person to intentionally
47     alter, remove, injure, or destroy antiquities without the landowner's consent;
48          WHEREAS, Utah has provisions protecting ancient Native American human remains
49     from abuse or desecration from grave-robbing or disturbance;
50          WHEREAS, the United States federal government has laws protecting archaeological
51     resources such as the Archeological Resources Protection Act, which provides for the
52     prosecution of unauthorized excavation, removal, alteration, or defacement of archaeological
53     resources;
54          WHEREAS, many archaeological resources have ongoing historical, traditional, or
55     cultural importance central to some or all of Utah's eight federally recognized Indian Tribes,

56     and executive agencies, with the assistance of the Division of Indian Affairs when needed, are
57     directed to consult with Indian Tribes when engaging in a state action with tribal implications;
58     and
59          WHEREAS, Indian Tribes, visitors and tourists, all Utahns, and descendant
60     communities have a stake in the preservation and protection of the legacy of previous
61     generations who called what is now known as Utah home:
62          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
63     Governor concurring therein, calls for the federal government to responsibly fund the
64     protection of archaeologically significant sites on lands managed by of the federal government.
65          BE IT FURTHER RESOLVED that the Legislature and Governor call for the
66     Department of Cultural and Community Engagement, working with other government
67     agencies, to responsibly protect archaeological sites on state lands.
68          BE IT FURTHER RESOLVED that the Legislature and Governor call for efforts to
69     educate the public, especially the youth, on the importance of protecting cultural heritage and
70     archaeological sites, including education efforts by the Department of Cultural and Community
71     Engagement, other government agencies, non-profits, and other interested parties.
72          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Department
73     of Cultural and Community Engagement, the Public Lands Policy Coordinating Office, the
74     Office of Economic Opportunity, Utah's Office of Tourism, School and Institutional Trust
75     Lands Administration, Utah's congressional delegation, the United States Secretary of the
76     Interior, the director of the United States Department of the Interior Bureau of Land
77     Management, the Bureau of Indian Affairs, the United States Secretary of Agriculture, and the
78     chief of the United States Department of Agriculture Forest Service.