Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R652. Natural Resources; Forestry, Fire and State Lands.

Rule R652-60. Cultural Resources.

As in effect on April 1, 2019

Table of Contents

R652-60-100. Authority.

This rule implements Section 65A-2-2(1) which authorizes the Division of Forestry, Fire and State Lands to prescribe the management of cultural resources on sovereign lands. This rule outlines the manner by which the division shall, pursuant to Section 9-8-404, take into account the effect of sovereign land uses on any district, site, building, structure or specimen that is included in or eligible for inclusion in the State Register or National Register of Historic Places, and allow the State Historic Preservation Officer a reasonable opportunity to comment with regard to the undertaking.

R652-60-200. Definitions.

For purposes of this rule:

1. "Area of potential effects" means the geographic area or areas established by the division within which an undertaking may cause changes in the character or use of historic properties, if any such properties exist.

2. "Discovery property" means any site or archaeological resources that are encountered, found or otherwise made known during the course of land use conducted subsequent to approval of that use by the division.

3. "Historic property" means any prehistoric or historic district, site building or structure, or object included in, or eligible for inclusion in, the National Register of Historic Places. This term includes, for the purposes of this rule, artifacts, records, and remains that are related to and located within such historic properties.

4. "Interested persons" means those organizations and individuals that are concerned with the effects of an undertaking on historic properties and have expressed their concern to the division.

5. "Local government" means any city, county, township, municipality or other general purpose subdivision of the state.

6. "National Register" means the National Register of Historic Places, maintained by the United States Secretary of the Interior.

7. "Survey" means in addition to the definition given in Section 9-8-302(15), possible limited subsurface disturbance for the purpose of identifying the presence, extent, type and quality of subsurface archaeological resources.

8. "Undertaking" means any sovereign land use that can result in changes in the character or use of historic properties, if any such historic properties are located in the area of potential effects.

R652-60-400. Identifying Historic Properties.

1. Following the division's determination that a proposed sovereign land use constitutes an undertaking the division shall establish the undertaking's area of potential effects. Thereafter, the division shall review existing information about historic properties that may be affected by the undertaking. As part of this process, the division may seek information from the State Historic Preservation Officer (SHPO), Indian tribes, local governments, state or federal agencies or any other interested parties likely to have knowledge or concerns about cultural resources in the area. The division may delegate this collection of information to an appropriate person.

2. Based on this assessment, the division shall determine whether a field survey will be required to identify historic properties. The division shall notify the SHPO if a survey will not be required, or if the proposed survey is less than a Class III Cultural Resource Survey.

3. If the division determines that a field survey will be required, the division shall make a reasonable and good faith effort to identify historic properties that might be affected by an undertaking and shall gather sufficient information to evaluate the eligibility of these properties for the National Register.

R652-60-500. Evaluating Significance.

1. The division shall make a determination of the eligibility for the National Register for any site identified within the undertaking's area of potential effects.

2. The division shall consult the SHPO regarding the division's determination of eligibility. If the SHPO does not provide comment within 30 days of receipt, the SHPO is presumed to agree with the division's determination of eligibility.

3. If either no historic properties are present or the criteria for eligibility are not met for any identified sites, the division shall make a finding of No Historic Properties. This finding shall be referenced in writing when approving the proposed sovereign land use or other land use.

R652-60-600. Assessing Effects.

1. The division shall assess the effect of a proposed sovereign land use on historic properties in consultation with the SHPO. The division shall consider the views, if any, of interested persons in assessing the effect to historic properties. Based on this assessment, the division shall make a finding of effect and notify all interested persons of this finding.

2. Findings of Adverse Effect and No Adverse Effect may result in the requirement that a data recovery or treatment plan be prepared specifying the actions to be taken should the proposed use for sovereign lands be approved.

(a) The division may require that a data recovery, treatment or mitigation plan be prepared by the applicant.

(b) The director shall approve all data recovery, treatment or mitigation plans and assure their implementation.

R652-60-700. Planning for Discoveries.

1. If a discovery property is found during work associated with a sovereign land use work in the vicinity of the discovery property shall stop until such time as the discovery property has been evaluated and treated to the satisfaction of the division.

R652-60-800. Emergency Undertakings.

The division may waive cultural resource management considerations when responding to wildland fires, flood control and other emergency actions.

R652-60-900. Programmatic Agreements.

The division may enter into programmatic agreements with the SHPO, or with other state or federal agencies, and with local governments for compliance with Section 9-8-404 or other pertinent state or federal statutes. The division may also cooperate with federal agencies in federal programmatic agreements where practicable and appropriate.

R652-60-1000. Records.

1. The division shall submit one copy each of all site forms, survey and data recovery, treatment or mitigation reports prepared by the division to the SHPO.

2. Records and data containing site location information which could jeopardize the integrity of those sites shall be provided protected records status pursuant to Section 63G-2-305(26).

R652-60-1100. Ownership and Management of Collections.

Collections recovered from sovereign lands shall be owned by the state and managed according to state law and the rules of the Utah Museum of Natural History.

KEY

cultural resources

Date of Enactment or Last Substantive Amendment

December 19, 1996

Notice of Continuation

March 29, 2017

Authorizing, Implemented, or Interpreted Law

65A-2-2(1); 9-8-305; 9-8-404


Additional Information

Contact

For questions regarding the content or application of rules under Title R652, please contact the promulgating agency (Natural Resources; Forestry, Fire and State Lands). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.