United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-8a-404

Agencies must consider effects on historic properties and give the state historic preservation officer a written evaluation before approving an undertaking.

Source excerpt

agency complianceagency consultationagency reportingarchaeological recoveryconsultationenvironmental/historic reviewformal commentsinformation sharingjoint analysisproject approvalproject reviewreportingscientific rigorundertakingswritten agreementwritten evaluation

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Agencies must consider effects on historic properties and give the state historic preservation officer a written evaluation before approving an undertaking.”

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Agency responsibilities -- State historic preservation officer to comment on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.

Agencies must consider effects on historic properties and give the state historic preservation officer a written evaluation before approving an undertaking.

Section 9-8a-404

Subsection 9-8a-404(1)(c)

If the written evaluation shows an adverse effect to a historic property, the agency must enter a formal written mitigation agreement with the state historic preservation officer before spending state funds or providing financial assistance for the…

Section 9-8a-404(1)(c)

Subsection 9-8a-404(2)(c)(i)

the cost of the undertaking, excluding costs attributable to the identification, potential recovery, or excavation of historic properties;

Section 9-8a-404(2)(c)(i)

Subsection 9-8a-404(2)(d)(ii)

at least one plan for the identification, recovery, or excavation of historic properties that does not substantially increase the cost of the proposed undertaking.

Section 9-8a-404(2)(d)(ii)

Subsection 9-8a-404(3)(c)

If no joint analysis is conducted, the state historic preservation officer may include advice on maximizing recovery of historic, scientific, archaeological, anthropological, and educational information, as well as recovering artifacts and reporting…

Section 9-8a-404(3)(c)

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Showing 26 of 26 provisions

Provision 26

Part 9-8a-4

part 9-8a-4 Historic Sites

§ 9-8a-404Agency responsibilities -- State historic preservation officer to comment on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.Provision

Source excerpt

Agencies must consider effects on historic properties and give the state historic preservation officer a written evaluation before approving an undertaking.

Agency responsibilities -- State historic preservation officer to comment on undertaking -- Public Lands Policy Coordinating Office may require joint analysis. Before approving any undertaking, an agency shall: take into account the effect of the undertaking on any historic property; and provide the state historic preservation officer with a written evaluation of the undertaking's effect on any historic property. The state historic preservation officer shall provide to the agency a written comment on the agency's determination of effect within 30 days after the day on which the state historic preservation officer receives a written evaluation described in Subsection (1)(a)(ii) . If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is an adverse effect to a historic property, the agency shall enter into a formal written agreement with the state historic preservation officer describing how each adverse effect will be mitigated before the agency may expend state funds or provide financial assistance for the undertaking. The state historic preservation officer shall make available to the Public Lands Policy Coordinating Office a list of undertakings on which an agency or federal agency has requested the state historic preservation officer's or the Antiquities Section's advice or consultation. The Public Lands Policy Coordinating Office may request the joint analysis described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic preservation officer or Antiquities Section is providing advice or consultation. If the state historic preservation officer does not concur with the agency's written evaluation required by Subsection (1)(a)(ii) , the state historic preservation officer shall inform the Public Lands Policy Coordinating Office of any objections. The Public Lands Policy Coordinating Office shall review the state historic preservation officer's objections and determine whether or not to initiate the joint analysis established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic preservation officer informs the Public Lands Policy Coordinating Office of the objections. If the Public Lands Policy Coordinating Office determines further analysis is necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the state historic preservation officer, analyze: the cost of the undertaking, excluding costs attributable to the identification, potential recovery, or excavation of historic properties; the ownership of the land involved; the likelihood of the presence and the nature and type of historical properties that may be affected by the expenditure or undertaking; and clear and distinct alternatives for the identification, recovery, or excavation of historic properties, including ways to maximize the amount of information recovered and report that information at current standards of scientific rigor. The Public Lands Policy Coordinating Office, the agency, and the state historic preservation officer shall also consider as part of the joint analysis: the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a percentage of the total cost of the undertaking; and at least one plan for the identification, recovery, or excavation of historic properties that does not substantially increase the cost of the proposed undertaking. If the state historic preservation officer concurs with the agency's evaluation or if the Public Lands Policy Coordinating Office determines that the joint analysis is unnecessary, the state historic preservation officer shall, no later than 30 calendar days after receiving the agency's evaluation, provide formal comments on the agency's evaluation. If a joint analysis is conducted, the state historic preservation officer shall provide formal comments on the agency's evaluation no later than 30 calendar days after the conclusion of the joint analysis. The state historic preservation officer shall ensure that the comments include the results of any joint analysis conducted under Subsection (2) . If a joint analysis is not conducted, the state historic preservation officer's comments may include advice about ways to maximize the amount of historic, scientific, archaeological, anthropological, and educational information recovered, in addition to the physical recovery of artifacts and the reporting of archaeological information at current standards of scientific rigor.

Section 9-8a-404Verify source

§ 9-8a-404(1)Subsection 9-8a-404(1)Provision

Source excerpt

Before approving an undertaking, an agency must consider effects on historic property and give the state historic preservation officer a written evaluation. If an adverse effect is shown, the agency must sign a written mitigation agreement before spending state funds or giving financial assistance.

Before approving any undertaking, an agency shall: take into account the effect of the undertaking on any historic property; and provide the state historic preservation officer with a written evaluation of the undertaking's effect on any historic property. The state historic preservation officer shall provide to the agency a written comment on the agency's determination of effect within 30 days after the day on which the state historic preservation officer receives a written evaluation described in Subsection (1)(a)(ii) . If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is an adverse effect to a historic property, the agency shall enter into a formal written agreement with the state historic preservation officer describing how each adverse effect will be mitigated before the agency may expend state funds or provide financial assistance for the undertaking. The state historic preservation officer shall make available to the Public Lands Policy Coordinating Office a list of undertakings on which an agency or federal agency has requested the state historic preservation officer's or the Antiquities Section's advice or consultation. The Public Lands Policy Coordinating Office may request the joint analysis described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic preservation officer or Antiquities Section is providing advice or consultation.

Section 9-8a-404(1)Verify source

§ 9-8a-404(1)(a)Subsection 9-8a-404(1)(a)Provision

Source excerpt

Before approving any undertaking, an agency must consider its effect on historic property and give the state historic preservation officer a written evaluation of that effect.

Section 9-8a-404(1)(a)Verify source

§ 9-8a-404(1)(a)(i)Subsection 9-8a-404(1)(a)(i)Provision

Source excerpt

take into account the effect of the undertaking on any historic property; and

Section 9-8a-404(1)(a)(i)Verify source

§ 9-8a-404(1)(a)(ii)Subsection 9-8a-404(1)(a)(ii)Provision

Source excerpt

Provide the state historic preservation officer a written evaluation of the undertaking’s effect on any historic property.

provide the state historic preservation officer with a written evaluation of the undertaking's effect on any historic property.

Section 9-8a-404(1)(a)(ii)Verify source

§ 9-8a-404(1)(b)Subsection 9-8a-404(1)(b)Provision

Source excerpt

The state historic preservation officer shall provide to the agency a written comment on the agency's determination of effect within 30 days after the day on which the state historic preservation officer receives a written evaluation

Section 9-8a-404(1)(b)Verify source

§ 9-8a-404(1)(c)Subsection 9-8a-404(1)(c)Provision

Source excerpt

If the written evaluation described in Subsection (1)(a)(ii) demonstrates that there is an adverse effect to a historic property, the agency shall enter into a formal written agreement with the state historic preservation officer describing how each adverse effect will be mitigated before the agency may expend state funds or provide financial assistance for the undertaking.

Section 9-8a-404(1)(c)Verify source

§ 9-8a-404(1)(d)Subsection 9-8a-404(1)(d)Provision

Source excerpt

The state historic preservation officer must provide the Public Lands Policy Coordinating Office a list of undertakings when an agency or federal agency has asked for advice or consultation.

The state historic preservation officer shall make available to the Public Lands Policy Coordinating Office a list of undertakings on which an agency or federal agency has requested the state historic preservation officer's or the Antiquities Section's advice or consultation.

Section 9-8a-404(1)(d)Verify source

§ 9-8a-404(1)(e)Subsection 9-8a-404(1)(e)Provision

Source excerpt

The Public Lands Policy Coordinating Office may request a joint analysis for a proposed undertaking when the state historic preservation officer or Antiquities Section is advising or consulting on it.

The Public Lands Policy Coordinating Office may request the joint analysis described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic preservation officer or Antiquities Section is providing advice or consultation.

Section 9-8a-404(1)(e)Verify source

§ 9-8a-404(2)Subsection 9-8a-404(2)Provision

Source excerpt

If the state historic preservation officer objects, the officer must notify the Public Lands Policy Coordinating Office, which must review the objections and decide within 30 days whether to start the joint analysis. If further analysis is needed, the office, the agency, and the officer must jointly analyze specified costs, land ownership, likely historic properties, and alternatives, including at least one plan that does not substantially increase project cost.

If the state historic preservation officer does not concur with the agency's written evaluation required by Subsection (1)(a)(ii) , the state historic preservation officer shall inform the Public Lands Policy Coordinating Office of any objections. The Public Lands Policy Coordinating Office shall review the state historic preservation officer's objections and determine whether or not to initiate the joint analysis established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic preservation officer informs the Public Lands Policy Coordinating Office of the objections. If the Public Lands Policy Coordinating Office determines further analysis is necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the state historic preservation officer, analyze: the cost of the undertaking, excluding costs attributable to the identification, potential recovery, or excavation of historic properties; the ownership of the land involved; the likelihood of the presence and the nature and type of historical properties that may be affected by the expenditure or undertaking; and clear and distinct alternatives for the identification, recovery, or excavation of historic properties, including ways to maximize the amount of information recovered and report that information at current standards of scientific rigor. The Public Lands Policy Coordinating Office, the agency, and the state historic preservation officer shall also consider as part of the joint analysis: the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a percentage of the total cost of the undertaking; and at least one plan for the identification, recovery, or excavation of historic properties that does not substantially increase the cost of the proposed undertaking.

Section 9-8a-404(2)Verify source

§ 9-8a-404(2)(a)Subsection 9-8a-404(2)(a)Provision

Source excerpt

If the state historic preservation officer disagrees with the agency’s written evaluation, the officer must notify the Public Lands Policy Coordinating Office of any objections.

Section 9-8a-404(2)(a)Verify source

§ 9-8a-404(2)(b)Subsection 9-8a-404(2)(b)Provision

Source excerpt

The Public Lands Policy Coordinating Office must review the state historic preservation officer’s objections and decide whether to start the joint analysis within 30 days after notice of the objections.

The Public Lands Policy Coordinating Office shall review the state historic preservation officer's objections and determine whether or not to initiate the joint analysis established in Subsections (2)(c) and (d) within 30 days after the day on which the state historic preservation officer informs the Public Lands Policy Coordinating Office of the objections.

Section 9-8a-404(2)(b)Verify source

§ 9-8a-404(2)(c)Subsection 9-8a-404(2)(c)Provision

Source excerpt

If further analysis is needed, the Public Lands Policy Coordinating Office must jointly analyze specified project and historic-property factors.

If the Public Lands Policy Coordinating Office determines further analysis is necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the state historic preservation officer, analyze: the cost of the undertaking, excluding costs attributable to the identification, potential recovery, or excavation of historic properties; the ownership of the land involved; the likelihood of the presence and the nature and type of historical properties that may be affected by the expenditure or undertaking; and clear and distinct alternatives for the identification, recovery, or excavation of historic properties, including ways to maximize the amount of information recovered and report that information at current standards of scientific rigor.

Section 9-8a-404(2)(c)Verify source

§ 9-8a-404(2)(c)(i)Subsection 9-8a-404(2)(c)(i)Provision

Source excerpt

the cost of the undertaking, excluding costs attributable to the identification, potential recovery, or excavation of historic properties;

Section 9-8a-404(2)(c)(i)Verify source

§ 9-8a-404(2)(c)(ii)Subsection 9-8a-404(2)(c)(ii)Provision

Source excerpt

the ownership of the land involved;

Section 9-8a-404(2)(c)(ii)Verify source

§ 9-8a-404(2)(c)(iii)Subsection 9-8a-404(2)(c)(iii)Provision

Source excerpt

the likelihood of the presence and the nature and type of historical properties that may be affected by the expenditure or undertaking; and

Section 9-8a-404(2)(c)(iii)Verify source

§ 9-8a-404(2)(c)(iv)Subsection 9-8a-404(2)(c)(iv)Provision

Source excerpt

clear and distinct alternatives for the identification, recovery, or excavation of historic properties, including ways to maximize the amount of information recovered and report that information at current standards of scientific rigor.

Section 9-8a-404(2)(c)(iv)Verify source

§ 9-8a-404(2)(d)Subsection 9-8a-404(2)(d)Provision

Source excerpt

The Public Lands Policy Coordinating Office, the agency, and the state historic preservation officer shall also consider as part of the joint analysis: the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a percentage of the total cost of the undertaking; and at least one plan for the identification, recovery, or excavation of historic properties that does not substantially increase the cost of the proposed undertaking.

Section 9-8a-404(2)(d)Verify source

§ 9-8a-404(2)(d)(i)Subsection 9-8a-404(2)(d)(i)Provision

Source excerpt

the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a percentage of the total cost of the undertaking; and

Section 9-8a-404(2)(d)(i)Verify source

§ 9-8a-404(2)(d)(ii)Subsection 9-8a-404(2)(d)(ii)Provision

Source excerpt

at least one plan for the identification, recovery, or excavation of historic properties that does not substantially increase the cost of the proposed undertaking.

Section 9-8a-404(2)(d)(ii)Verify source

§ 9-8a-404(3)Subsection 9-8a-404(3)Provision

Source excerpt

The state historic preservation officer must provide formal comments on the agency’s evaluation within 30 calendar days, with timing depending on whether a joint analysis is needed or conducted.

If the state historic preservation officer concurs with the agency's evaluation or if the Public Lands Policy Coordinating Office determines that the joint analysis is unnecessary, the state historic preservation officer shall, no later than 30 calendar days after receiving the agency's evaluation, provide formal comments on the agency's evaluation. If a joint analysis is conducted, the state historic preservation officer shall provide formal comments on the agency's evaluation no later than 30 calendar days after the conclusion of the joint analysis. The state historic preservation officer shall ensure that the comments include the results of any joint analysis conducted under Subsection (2) . If a joint analysis is not conducted, the state historic preservation officer's comments may include advice about ways to maximize the amount of historic, scientific, archaeological, anthropological, and educational information recovered, in addition to the physical recovery of artifacts and the reporting of archaeological information at current standards of scientific rigor.

Section 9-8a-404(3)Verify source

§ 9-8a-404(3)(a)Subsection 9-8a-404(3)(a)Provision

Source excerpt

The state historic preservation officer must provide formal comments on the agency’s evaluation within 30 calendar days after receiving it, unless a joint analysis is conducted; if a joint analysis is conducted, the comments are due within 30 calendar days after it ends.

Section 9-8a-404(3)(a)Verify source

§ 9-8a-404(3)(a)(i)Subsection 9-8a-404(3)(a)(i)Provision

Source excerpt

The state historic preservation officer must provide formal comments on the agency's evaluation within 30 calendar days after receiving it, if the stated condition is met.

Section 9-8a-404(3)(a)(i)Verify source

§ 9-8a-404(3)(a)(ii)Subsection 9-8a-404(3)(a)(ii)Provision

Source excerpt

If a joint analysis is conducted, the state historic preservation officer must provide formal comments on the agency’s evaluation within 30 calendar days after the joint analysis ends.

If a joint analysis is conducted, the state historic preservation officer shall provide formal comments on the agency's evaluation no later than 30 calendar days after the conclusion of the joint analysis.

Section 9-8a-404(3)(a)(ii)Verify source

§ 9-8a-404(3)(b)Subsection 9-8a-404(3)(b)Provision

Source excerpt

The state historic preservation officer must ensure the comments include the results of any joint analysis under Subsection (2).

The state historic preservation officer shall ensure that the comments include the results of any joint analysis conducted under Subsection (2) .

Section 9-8a-404(3)(b)Verify source

§ 9-8a-404(3)(c)Subsection 9-8a-404(3)(c)Provision

Source excerpt

If a joint analysis is not conducted, the state historic preservation officer's comments may include advice about ways to maximize the amount of historic, scientific, archaeological, anthropological, and educational information recovered, in addition to the physical recovery of artifacts and the reporting of archaeological information at current standards of scientific rigor.

Section 9-8a-404(3)(c)Verify source

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Utah Code § 9-8a-404

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