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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-8a-302

This section defines terms used in this part and Part 4, including agency, ancient human remains, archaeological resources, curation, excavation, historic property, nonfederal land, state land, site, specimen, survey,…

Source excerpt

archaeological resourcescultural resourcesexcavationexcavation projectland usemuseum collections managementmuseum terminologymuseum/curationpermit administrationproperty classificationsite definitionsurveysurvey project
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United States — Utah
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In force
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“This section defines terms used in this part and Part 4, including agency, ancient human remains, archaeological resources, curation, excavation, historic property, nonfederal land, state land, site, specimen, survey, and related terms.”

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Definitions.

This section defines terms used in this part and Part 4, including agency, ancient human remains, archaeological resources, curation, excavation, historic property, nonfederal land, state land, site, specimen, survey, and related terms.

Section 9-8a-302

Subsection 9-8a-302(12)(b)(i)(C)

Refers to an Indian tribe when the land is not held in trust by the United States for the tribe or its members.

Section 9-8a-302(12)(b)(i)(C)

Subsection 9-8a-302(19)(b)

limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property.

Section 9-8a-302(19)(b)

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Showing 41 of 41 provisions

Provision 40Interpretation

Part 9-8a-3

part 9-8a-3 Antiquities

§ 9-8a-302Definitions.Interpretation

Source excerpt

This section defines terms used in this part and Part 4, including agency, ancient human remains, archaeological resources, curation, excavation, historic property, nonfederal land, state land, site, specimen, survey, and related terms.

Definitions. As used in this part and Part 4, Historic Sites : "Agency" means a department, division, office, bureau, board, commission, or other administrative unit of the state. "Ancient human remains" means all or part of the following that are historic or prehistoric: a physical individual; and any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. "Antiquities Section" means the Antiquities Section of the office created in Section 9-8a-304 . "Archaeological resources" means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. "Collection" means a specimen and the associated records documenting the specimen and the specimen's recovery. "Curation" means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. "Curation facility" means the same as that term is defined in Section 53H-4-211 . "Excavate" means the recovery of archaeological resources. "Historic property" means any prehistoric or historic district, site, building, structure, or specimen included in, or eligible for inclusion in, the National Register of Historic Places or the State Register. "Indian tribe" means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. "Museum" means the Utah Museum of Natural History. "Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government. "Nonfederal land" includes: land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or school and institutional trust lands. "Principal investigator" means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit. "Repository" means the same as that term is defined in Section 53H-4-211 . "School and institutional trust lands" are those properties defined in Section 53C-1-103 . "Site" means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. "Specimen" means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains. "State land" means land owned by the state including the state's: legislative and judicial branches; departments, divisions, agencies, boards, commissions, councils, and committees; and institutions of higher education as defined under Section 53H-1-101 . "State land" does not include: land owned by a political subdivision of the state; land owned by a school district; private land; or school and institutional trust lands. "Survey" means a surface investigation for archaeological resources that may include: insubstantial surface collection of archaeological resources; and limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property.
Section 9-8a-302Verify source
§ 9-8a-302(1)Subsection 9-8a-302(1)Provision

Source excerpt

“Agency” means a state administrative unit such as a department, division, office, bureau, board, or commission.

"Agency" means a department, division, office, bureau, board, commission, or other administrative unit of the state.
Section 9-8a-302(1)Verify source
§ 9-8a-302(2)Subsection 9-8a-302(2)Provision

Source excerpt

This provision defines “ancient human remains.”

"Ancient human remains" means all or part of the following that are historic or prehistoric: a physical individual; and any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture.
Section 9-8a-302(2)Verify source
§ 9-8a-302(2)(a)Subsection 9-8a-302(2)(a)Provision

Source excerpt

Refers to a physical individual.

a physical individual; and
Section 9-8a-302(2)(a)Verify source
§ 9-8a-302(2)(b)Subsection 9-8a-302(2)(b)Provision

Source excerpt

The provision defines an object as one that is on or attached to a physical individual as part of a culture’s death rite or ceremony.

any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture.
Section 9-8a-302(2)(b)Verify source
§ 9-8a-302(3)Subsection 9-8a-302(3)Provision

Source excerpt

"Antiquities Section" means the Antiquities Section of the office created in Section 9-8a-304 .

"Antiquities Section" means the Antiquities Section of the office created in Section 9-8a-304 .
Section 9-8a-302(3)Verify source
§ 9-8a-302(4)Subsection 9-8a-302(4)Provision

Source excerpt

"Archaeological resources" means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state.

"Archaeological resources" means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state.
Section 9-8a-302(4)Verify source
§ 9-8a-302(5)Subsection 9-8a-302(5)Provision

Source excerpt

“Collection” means a specimen plus the records documenting the specimen and its recovery.

"Collection" means a specimen and the associated records documenting the specimen and the specimen's recovery.
Section 9-8a-302(5)Verify source
§ 9-8a-302(6)Subsection 9-8a-302(6)Provision

Source excerpt

"Curation" means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining,

"Curation" means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections.
Section 9-8a-302(6)Verify source
§ 9-8a-302(7)Subsection 9-8a-302(7)Provision

Source excerpt

“Curation facility” has the same meaning as in Section 53H-4-211.

"Curation facility" means the same as that term is defined in Section 53H-4-211 .
Section 9-8a-302(7)Verify source
§ 9-8a-302(8)Subsection 9-8a-302(8)Provision

Source excerpt

“Excavate” means recovering archaeological resources.

"Excavate" means the recovery of archaeological resources.
Section 9-8a-302(8)Verify source
§ 9-8a-302(9)Subsection 9-8a-302(9)Provision

Source excerpt

“Historic property” means a prehistoric or historic 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.

"Historic property" means any prehistoric or historic district, site, building, structure, or specimen included in, or eligible for inclusion in, the National Register of Historic Places or the State Register.
Section 9-8a-302(9)Verify source
§ 9-8a-302(10)Subsection 9-8a-302(10)Provision

Source excerpt

This provision defines “Indian tribe.”

"Indian tribe" means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Section 9-8a-302(10)Verify source
§ 9-8a-302(11)Subsection 9-8a-302(11)Provision

Source excerpt

“Museum” means the Utah Museum of Natural History.

"Museum" means the Utah Museum of Natural History.
Section 9-8a-302(11)Verify source
§ 9-8a-302(12)Subsection 9-8a-302(12)Provision

Source excerpt

Defines “nonfederal land” as land in the state that is not owned, controlled, or held in trust by the federal government, and includes certain state, local, tribal, person-owned, and school or institutional trust lands.

"Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government. "Nonfederal land" includes: land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or school and institutional trust lands.
Section 9-8a-302(12)Verify source
§ 9-8a-302(12)(a)Subsection 9-8a-302(12)(a)Provision

Source excerpt

"Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government.

"Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government.
Section 9-8a-302(12)(a)Verify source
§ 9-8a-302(12)(b)Subsection 9-8a-302(12)(b)Provision

Source excerpt

This provision defines “nonfederal land” to include land owned or controlled by specified governments, tribes in certain circumstances, private persons, and school and institutional trust lands.

"Nonfederal land" includes: land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or school and institutional trust lands.
Section 9-8a-302(12)(b)Verify source
§ 9-8a-302(12)(b)(i)Subsection 9-8a-302(12)(b)(i)Provision

Source excerpt

land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or

land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or
Section 9-8a-302(12)(b)(i)Verify source
§ 9-8a-302(12)(b)(i)(A)Subsection 9-8a-302(12)(b)(i)(A)Provision

Source excerpt

Refers to the state.

the state;
Section 9-8a-302(12)(b)(i)(A)Verify source
§ 9-8a-302(12)(b)(i)(B)Subsection 9-8a-302(12)(b)(i)(B)Provision

Source excerpt

a county, city, or town;

a county, city, or town;
Section 9-8a-302(12)(b)(i)(B)Verify source
§ 9-8a-302(12)(b)(i)(C)Subsection 9-8a-302(12)(b)(i)(C)Provision

Source excerpt

Refers to an Indian tribe when the land is not held in trust by the United States for the tribe or its members.

an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or
Section 9-8a-302(12)(b)(i)(C)Verify source
§ 9-8a-302(12)(b)(i)(D)Subsection 9-8a-302(12)(b)(i)(D)Provision

Source excerpt

a person other than the federal government; or

a person other than the federal government; or
Section 9-8a-302(12)(b)(i)(D)Verify source
§ 9-8a-302(12)(b)(ii)Subsection 9-8a-302(12)(b)(ii)Provision

Source excerpt

school and institutional trust lands.

school and institutional trust lands.
Section 9-8a-302(12)(b)(ii)Verify source
§ 9-8a-302(13)Subsection 9-8a-302(13)Provision

Source excerpt

Defines “principal investigator” as the person with overall administrative responsibility for a permit-authorized survey or excavation project.

"Principal investigator" means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit.
Section 9-8a-302(13)Verify source
§ 9-8a-302(14)Subsection 9-8a-302(14)Provision

Source excerpt

"Repository" means the same as that term is defined in Section 53H-4-211 .

"Repository" means the same as that term is defined in Section 53H-4-211 .
Section 9-8a-302(14)Verify source
§ 9-8a-302(15)Subsection 9-8a-302(15)Provision

Source excerpt

"School and institutional trust lands" are those properties defined in Section 53C-1-103 .

"School and institutional trust lands" are those properties defined in Section 53C-1-103 .
Section 9-8a-302(15)Verify source
§ 9-8a-302(16)Subsection 9-8a-302(16)Provision

Source excerpt

“Site” is defined to include petroglyphs, pictographs, structural remains, or a geographic location that is the source of archaeological resources or specimens.

"Site" means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens.
Section 9-8a-302(16)Verify source
§ 9-8a-302(17)Subsection 9-8a-302(17)Provision

Source excerpt

This provision defines “Specimen” as certain man-made artifacts and archaeological or anthropological remains found on or below the earth’s surface, but not structural remains.

"Specimen" means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains.
Section 9-8a-302(17)Verify source
§ 9-8a-302(18)Subsection 9-8a-302(18)Provision

Source excerpt

This subsection defines “state land” and lists what is excluded from that term.

"State land" means land owned by the state including the state's: legislative and judicial branches; departments, divisions, agencies, boards, commissions, councils, and committees; and institutions of higher education as defined under Section 53H-1-101 . "State land" does not include: land owned by a political subdivision of the state; land owned by a school district; private land; or school and institutional trust lands.
Section 9-8a-302(18)Verify source
§ 9-8a-302(18)(a)Subsection 9-8a-302(18)(a)Provision

Source excerpt

"State land" means land owned by the state including the state's: legislative and judicial branches; departments, divisions, agencies, boards, commissions, councils, and committees; and institutions of higher education as defined under

"State land" means land owned by the state including the state's: legislative and judicial branches; departments, divisions, agencies, boards, commissions, councils, and committees; and institutions of higher education as defined under Section 53H-1-101 .
Section 9-8a-302(18)(a)Verify source
§ 9-8a-302(18)(a)(i)Subsection 9-8a-302(18)(a)(i)Provision

Source excerpt

legislative and judicial branches;

legislative and judicial branches;
Section 9-8a-302(18)(a)(i)Verify source
§ 9-8a-302(18)(a)(ii)Subsection 9-8a-302(18)(a)(ii)Provision

Source excerpt

departments, divisions, agencies, boards, commissions, councils, and committees; and

departments, divisions, agencies, boards, commissions, councils, and committees; and
Section 9-8a-302(18)(a)(ii)Verify source
§ 9-8a-302(18)(a)(iii)Subsection 9-8a-302(18)(a)(iii)Provision

Source excerpt

This text refers to institutions of higher education as defined in Section 53H-1-101.

institutions of higher education as defined under Section 53H-1-101 .
Section 9-8a-302(18)(a)(iii)Verify source
§ 9-8a-302(18)(b)Subsection 9-8a-302(18)(b)Provision

Source excerpt

"State land" does not include: land owned by a political subdivision of the state; land owned by a school district; private land; or school and institutional trust lands.

"State land" does not include: land owned by a political subdivision of the state; land owned by a school district; private land; or school and institutional trust lands.
Section 9-8a-302(18)(b)Verify source
§ 9-8a-302(18)(b)(i)Subsection 9-8a-302(18)(b)(i)Provision

Source excerpt

land owned by a political subdivision of the state;

land owned by a political subdivision of the state;
Section 9-8a-302(18)(b)(i)Verify source
§ 9-8a-302(18)(b)(ii)Subsection 9-8a-302(18)(b)(ii)Provision

Source excerpt

land owned by a school district;

land owned by a school district;
Section 9-8a-302(18)(b)(ii)Verify source
§ 9-8a-302(18)(b)(iii)Subsection 9-8a-302(18)(b)(iii)Provision

Source excerpt

private land; or

private land; or
Section 9-8a-302(18)(b)(iii)Verify source
§ 9-8a-302(18)(b)(iv)Subsection 9-8a-302(18)(b)(iv)Provision

Source excerpt

school and institutional trust lands.

school and institutional trust lands.
Section 9-8a-302(18)(b)(iv)Verify source
§ 9-8a-302(19)Subsection 9-8a-302(19)Provision

Source excerpt

“Survey” means a surface investigation for archaeological resources, including insubstantial surface collection and limited subsurface testing.

"Survey" means a surface investigation for archaeological resources that may include: insubstantial surface collection of archaeological resources; and limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property.
Section 9-8a-302(19)Verify source
§ 9-8a-302(19)(a)Subsection 9-8a-302(19)(a)Provision

Source excerpt

insubstantial surface collection of archaeological resources; and

insubstantial surface collection of archaeological resources; and
Section 9-8a-302(19)(a)Verify source
§ 9-8a-302(19)(b)Subsection 9-8a-302(19)(b)Provision

Source excerpt

limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property.

limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property.
Section 9-8a-302(19)(b)Verify source

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