Community and Culture, History

Rule R212-4

Ancient Human Remains

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35051
Filed: 07/13/2011 04:45:46 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 9-8-309 defines the Antiquities Section's duties with respect to recovery, disposition, and determination of ownership of ancient human remains found on nonfederal lands that are not state lands in the state of Utah. This rule outlines how the Antiquities Section will assure that ancient human remains are given respectful, lawful and scientifically-sound treatment, that landowners are not harmed or burdened by a discovery of ancient human remains on their property and to ensure that steps are taken to determine lawful ownership of recovered human remains.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Continuation of Rule R212-4 is justified as Section 9-8-309 defines the Antiquities Section is responsible for ancient human remains found on nonfederal lands that are not state lands in Utah.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Lynette Lloyd at the above address, by phone at 801-533-3553, by FAX at 801-533-3567, or by Internet E-mail at [email protected]

Authorized by:

Wilson Martin, Associate Director

Effective:

07/13/2011