Section R654-1-10 - Permit Provisions(a) The following provisions shall be included within each permit issued by the Public Lands Policy Coordinating Office:(i) Professional and Ethical Standards.(A) Incorporation by Reference. This rule incorporates by reference the Register of Professional Archaeologists Code of Conduct and Standards of Research Performance in effect as of 2020 with no exceptions.(B) If any provision of the Code of Conduct or Standards of Research Performance is altered, superseded, or otherwise affected in any manner by this rule or other law, then the rule and law shall take precedence, and permit holders shall comply with the rule or law.(ii) Persons Employed by the Principal Investigator to Assist in the Field or Laboratory. By engaging in any field or laboratory work under any permit issued by the Public Lands Office, the principal investigator shall insure that persons hired or otherwise engaged to perform such work, or supervise field or laboratory work in the principal investigator's absence, are fully qualified to perform such work, and shall comply with the Code of Conduct and Standards of Research Performance as required by Subsection R654-1-10(a)(i).
(A) Field Directors. Field directors report to the principal investigator and are responsible for overseeing the work of field technicians, preparing site forms and technical reports, and making initial evaluations and recommendations for site significance, effect, and treatment. Requirements for field directors include the following.
(1) Formal education resulting in a baccalaureate degree in anthropology, archaeology, history, or a closely related discipline; or, at least 30 months of equivalent training and experience including increasing responsibilities leading up to responsibilities equivalent to those of a proposed project.(2) Competence in recording, collecting, handling, analyzing, evaluating, and reporting cultural resource data relative to the type and scope of work proposed, as evidenced by previous experience or relevant training.(3) Demonstrated ability to supervise activity of the type and scope proposed.(4) Completion of at least 4 months of professional cultural resource management experience consisting of laboratory or field work in similar cultural contexts and environmental settings. This may be part of the experience required in Subsection R654-1-10(ii)(A)(1).(5) At least 12 months of experience in research concerning Utah prehistoric or historic archaeology. This experience may be part of the experience required in Subsections R654-1-10(a)(ii)(A)(1) and R654-1-10(a)(ii)(A)(4).(B) Monitors. Project excavation or trenching monitors must meet the same minimum qualifications as field directors, save for the supervisory requirement of Subsection R654-1-10(a)(ii)(A)(3). Monitors must also have experience in excavation methods, either through an approved field school or through at least 30 days supervised experience in excavation.
(iii) Principal Investigators who are Employed by Others. (Reserved).
(iv) Survey Methodologies. Commensurate with a project's scope of work, and as directed by an agency, principal investigators shall make a reasonable and good-faith effort to identify archaeological resources within areas designated for survey. Appropriate methods include the following.
(A) Taking into account the archaeological guidance published in the Utah State Historic Preservation Office's December 2022 version of Cultural Resource Compliance Guidance.(B) Reviewing existing information on archaeological resources and historic property, including information available from the Utah State Historic Preservation Office's geographic information system and records data base; primary historical resources such as General Land Office records, various types of maps, aerial imagery, and other documents; and relevant secondary historical resources.(C) Interviewing individuals who likely know of archaeological resources and historic property in the area.(D) Conducting pedestrian survey with transects spaced no more than 15 meters (49.2 ft.) apart, unless greater spacing is approved through consultation between the agency and the Utah State Historic Preservation Office.(v) Report and Data Format and Standards. (A) Reports of projects undertaken pursuant to permits issued by the Public Lands Policy Coordinating Office shall conform to the format and standards that are attached to and made an integral part of the permit.(B) The Public Lands Policy Coordinating Office may amend the format and standards at any time during the time period of a permit; however, the permit holder shall have the option to continue to use the original format and standards for projects that are well into the reporting phase.(C) Reports for individual projects and sites must contain an identification number obtained from the Utah State Historic Preservation Office before the commencement of fieldwork.(D) Reports for individual projects must list all individuals who served in a supervisory capacity on the project.(vi) Completion of Reports in a Timely Manner.(A) Reports of projects undertaken pursuant to any permit issued by the Public Lands Policy Coordinating Office shall be completed and submitted to the agency and the Utah State Historic Preservation Office in a timely manner.(B)(1) An agency may establish the parameters of timely manner through an agreement with the Utah State Historic Preservation Office and the Public Lands Policy Coordinating Office.(2) If an agreement has been finalized, the permit shall reference the agreement as the requirement for submission of reports for projects involving that agency's lands.(3) For purposes of the requirements of Subsection R654-1-10(a)(vi)(B)(1), the term agency shall include an agency or other entity of the federal government.(vii) Curation of Specimens.(A)(1) The holder of any permit issued by the Public Lands Policy Coordinating Office shall either hold a valid agreement with an authorized curation facility, or be covered under the authority of a curation agreement held by the employer of the permit holder, at all times during the time period of the permit.(2) The Public Lands Policy Coordinating Office may, at its sole discretion, waive the curation agreement requirement when a permit to survey is intended for research purposes that do not include collection, destructive testing, or any other physical interaction with an archaeological artifact or site.(B) The holder of any permit issued by the Public Lands Policy Coordinating Office shall keep the Office notified of any changes to the expiration date of the curation agreement required by Subsection R654-1-10(a)(vii)(A), or a change in employment.(C) All specimens collected pursuant to any permit issued by the Public Lands Policy Coordinating Office shall be deposited with the appropriate curation facility in a timely manner.(viii) Discovery of Human Remains. Any person working under the authority of any permit issued by the Public Lands Policy Coordinating Office who discovers human remains shall stop further activity in the area and immediately notify the landowner, the appropriate law enforcement agency, and the Utah State Historic Preservation Office, as required by Sections 9-9-403 and 76-9-704.
(ix) Access to Sites and Site Records. The holder of any permit issued by the Public Lands Policy Coordinating Office agrees to cooperate with the Office by allowing authorized Office employees access, at any reasonable time, to survey and excavation project areas and to relevant project records to assure compliance with the law, rules, or permit provisions, subject to the provisions of other law, regulation, or rule.
(x) Compliance with Law, Rule, and Permit Conditions. (A) Any person working under the authority of a permit issued by the Public Lands Policy Coordinating Office shall comply with all laws, rules, and permit conditions.(B) Failure to comply may result in amendments to or the suspension or revocation of the permit, in addition to any other penalties authorized by law or rule.(xi) The holder of the permit shall keep the Public Lands Policy Coordinating Office apprised of any changes in the permittee's employment or business address and phone number, and changes in other business information as the Office may require.(b) Permits issued by the Public Lands Policy Coordinating Office may include such other provisions as the Office may consider necessary based on an individual's application.(c) Permits to excavate issued by the Public Lands Policy Coordinating Office shall require that the permit holder also hold a valid permit to survey issued by the Public Lands Policy Coordinating Office at all times before and including the expiration date of the permit to excavate, including any extensions.Utah Admin. Code R654-1-10
Adopted by Utah State Bulletin Number 2023-18, effective 9/5/2023