No. 40405 (5-year Review): Rule R455-4. Ancient Human Remains

DAR File No.: 40405
Filed: 05/05/2016 01:07:15 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 ensure 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 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 written comments have been received during the last five years.

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 R455-4 is justified as Section 9-8-309 defines the Antiquities Section as the agency responsible for ancient human remains found on nonfederal lands that are not state lands in Utah. Therefore, this rule should be continued.

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

Heritage and Arts
History
300 RIO GRANDE ST
SALT LAKE CITY, UT 84101-1182

Direct questions regarding this rule to:

• Alycia Aldrich at the above address, by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at [e-mail]

Effective:

05/05/2016

Authorized by:

Julie Fisher, Executive Director

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