No. 27359 (Amendment): R212-4. Archaeological Permits

DAR File No.: 27359
Filed: 08/24/2004, 10:53
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed changes will address concerns raised by Kent Bishop, the Rules Analyst from the Governor's Office of Planning and Budget, and the Utah Professional Archaeological Council.

 

Summary of the rule or change:

Permit applicants will be required to be registered as a Registered Professional Archaeologist. A provision for "grandfathering" current permittees who may not qualify has also been added. Also, adopts the Utah Professional Archaeological Council and Registered Professional Archaeologist standards as the standards for work, while maintaining the phrase "to current standards of scientific rigor."

 

State statutory or constitutional authorization for this rule:

Sections 9-8-201, 9-8-203, 9-8-302, 9-8-304, 9-8-305, 9-8-306, 9-8-307, 9-8-404, 9-9-403, and 76-9-704; Title 63, Chapter 2; 16 USC 470 Sec. 304; and 43 CFR 7.8 Subtitle A (October 1, 2000, edition)

 

Anticipated cost or savings to:

the state budget:

The proposed amendment to this rule requires archaeologists named on an Antiquities Permit as a Principal Investigator or Field Supervisor to be Registered Professional Archaeologists (RPAs) (as sanctioned and listed by the Register of Professional Archaeologists, 5024-R Campbell Blvd., Baltimore, MD 21236; http://www.rpanet.org/). Registration costs are as follows: There is an initial $35 application fee, and an annual fee of $45 if the registrant is a member of one of the affiliated societies (Society of American Archaeology, Society for Historic Archaeology, Archaeological Institute of America), or $125 for nonmembers. Most professional archaeologists are affiliated with one or more of these societies and are thus eligible for the reduced annual fee. For most individuals, this will amount to a fee, including of the application fee, of $80 to $160 for the first year, and $45 to $125 each subsequent year. This cost may be borne by the individual, or the employer, which may be a governmental agency or private firm. For the State of Utah, there are 18 archaeologists currently listed on Antiquities Permits in 5 agencies. The total initial cost to the state, at $80 per individual, were the agencies to cover the fees and dues, would be $1,440 and for subsequent years at $45 annually the total cost would be $810. Some individuals may not be members of an affiliated society, thus increasing the costs by $80 per year per individual registrant.

 

local governments:

The proposed amendment to this rule requires archaeologists named on an Antiquities Permit as a Principal Investigator or Field Supervisor to be Registered Professional Archaeologists (RPAs) (as sanctioned and listed by the Register of Professional Archaeologists, 5024-R Campbell Blvd., Baltimore, MD 21236; http://www.rpanet.org/). Registration costs are as follows: There is an initial $35 application fee, and an annual fee of $45 if the registrant is a member of one of the affiliated societies (Society of American Archaeology, Society for Historic Archaeology, Archaeological Institute of America), or $125 for nonmembers. Most professional archaeologists are affiliated with one or more of these societies and are thus eligible for the reduced annual fee. For most individuals, this will amount to a fee, including of the application fee, of $80 to $160 for the first year, and $45 to $125 each subsequent year. This cost may be borne by the individual, or the employer, which may be a governmental agency or private firm.

 

other persons:

The proposed amendment to this rule requires archaeologists named on an Antiquities Permit as a Principal Investigator or Field Supervisor to be Registered Professional Archaeologists (RPAs) (as sanctioned and listed by the Register of Professional Archaeologists, 5024-R Campbell Blvd., Baltimore, MD 21236; http://www.rpanet.org/). Registration costs are as follows: There is an initial $35 application fee, and an annual fee of $45 if the registrant is a member of one of the affiliated societies (Society of American Archaeology, Society for Historic Archaeology, Archaeological Institute of America), or $125 for nonmembers. Most professional archaeologists are affiliated with one or more of these societies and are thus eligible for the reduced annual fee. For most individuals, this will amount to a fee, including of the application fee, of $80 to $160 for the first year, and $45 to $125 each subsequent year. This cost may be borne by the individual, or the employer, which may be a governmental agency or private firm. Most archaeologists named as Principal Investigators of Field Supervisors on Antiquities Permits work for archaeological consulting firms; the cost of RPA registration will likely be borne by the firm, and passed on to clients. The total initial cost to a firm would be $80 per individual, $45 annually for subsequent years. Some individuals may not be members of an affiliated society, thus increasing the costs by $80 per year per individual registrant. The costs for firms with a current Antiquities Permit will therefore range from an initial fee of $80 to $160, with an annual fee of either $45 or $125, for a firm with one employee named on the permit. For firms with multiple employees, the initial cost would be $80 or $160 per permitted employee for the first year, and $45 or $125 per year permitted employee thereafter. The firm with the greatest number of currently permitted employees has 28 individuals named on its permit; its fees would therefore be between $2,240 and $4,480 for the initial year, and between $1,260 and $3,500 each subsequent year. Summary of current State Antiquities Permits: 18 State Employees on permits; 7 State University/College employees on permits; greatest number of Principal Investigators from one firm 10; greatest number of Field Supervisors from one firm 18; 53 Private Consultants; 5 State Agencies: School and Institutional Trust Lands Administration, History, Parks, Transportation, and Wildlife; 3 State University Permit Holders: University of Utah, Utah State University, and Salt Lake Community College; 5 Federal agencies: Bureau of Land Management, Fish and Wildlife, Corps of Engineers, Natural Resources Conservation Service (NRCS), and Dugway Proving Ground; and 1 Out-of-State University. Total number of individuals listed on permits: 246.

 

Compliance costs for affected persons:

The proposed amendment to this rule requires archaeologists named on an Antiquities Permit as a Principal Investigator or Field Supervisor to be Registered Professional Archaeologists (RPAs) (as sanctioned and listed by the Register of Professional Archaeologists, 5024-R Campbell Blvd., Baltimore, MD 21236; http://www.rpanet.org/). Registration costs are as follows: There is an initial $35 application fee, and an annual fee of $45 if the registrant is a member of one of the affiliated societies (Society of American Archaeology, Society for Historic Archaeology, Archaeological Institute of America), or $125 for nonmembers. Most professional archaeologists are affiliated with one or more of these societies and are thus eligible for the reduced annual fee. For most individuals, this will amount to a fee, including of the application fee, of $80 to $160 for the first year, and $45 to $125 each subsequent year. This cost may be borne by the individual, or the employer, which may be a governmental agency or private firm. For the State of Utah, there are 18 archaeologists currently listed on Antiquities Permits in 5 agencies. The total initial cost to the state, at $80 per individual, were the agencies to cover the fees and dues, would be $1,440 and for subsequent years at $45 annually the total cost would be $810. Some individuals may not be members of an affiliated society, thus increasing the costs by $80 per year per individual registrant. Most archaeologists named as Principal Investigators of Field Supervisors on Antiquities Permits work for archaeological consulting firms; the cost of RPA registration will likely be borne by the firm, and passed on to clients. The total initial cost to a firm would be $80 per individual, $45 annually for subsequent years. Some individuals may not be members of an affiliated society, thus increasing the costs by $80.00 per year per individual registrant. The costs for firms with a current Antiquities Permit will therefore range from an initial fee of $80 to $160, with an annual fee of either $45 or $125, for a firm with one employee named on the permit. For firms with multiple employees, the initial cost would be $80 or $160 per permitted employee for the first year, and $45 or $125 per year permitted employee thereafter. The firm with the greatest number of currently permitted employees has 28 individuals name of its permit; its fees would therefore be between $2,240 and $4,480 for the initial year, and between $1,260 and $3,500 each subsequent year. Summary of current State Antiquities Permits: 18 State Employees on permits; 7 State University/College employees on permits; greatest number of Principal Investigators from one firm 10; greatest number of Field Supervisors from one firm 18; 53 Private Consultants; 5 State Agencies: School and Institutional Trust Lands Administration, History, Parks, Transportation, and Wildlife; 3 State University Permit Holders: University of Utah, Utah State University, and Salt Lake Community College; 5 Federal agencies: Bureau of Land Management, Fish and Wildlife, Corps of Engineers, Natural Resources Conservation Service (NRCS), and Dugway Proving Ground; and 1 Out-of-State University. Total number of individuals listed on permits: 246.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The increased cost indicated above constitute the only fiscal impact on business.

 

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

Community and Economic Development
Community Development, History
300 RIO GRANDE
SALT LAKE CITY UT 84101-1182

 

Direct questions regarding this rule to:

Wilson Martin or Alycia Aldrich at the above address, by phone at 801-533-3552 or 801-533-3556, by FAX at 801-533-3503 or 801-533-3503, or by Internet E-mail at [e-mail] or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2004

 

This rule may become effective on:

10/16/2004

 

Authorized by:

Philip F. Notarianni, Director

 

 

RULE TEXT

R212. Community and Economic Development, History.

R212-4. Archaeological Permits.

R212-4-5. Qualifications of Permit Holders.

The division shall issue a permit for the survey or excavation of archaeological resources to individuals and entities who demonstrate compliance with the following requirements:

A. Education, Experience, and Capabilities.

1. Archaeologists shall meet the minimum standards for education and experience set by federal regulation. The federal regulations, codified as 43 CFR 7.8, Subtitle A (October 1, 2000 Edition) as amended, Issuance of permits are hereby incorporated by reference.

a) Archaeologists shall be Registered Professional Archaeologists (RPA) in good standing, as recognized by the Register of Professional Archaeologists. Applicants listed on Antiquities Permits at the time this rule takes effect, but who may not meet the standards for RPA status, will not have their permit status revoked.

2. Applicants shall submit a resume or vita as proof of compliance.

3. Applicants shall provide written evidence indicating the ability to conduct surveys or the proposed excavation in a manner consistent with current professional practice, including access to proper equipment and facilities, and use of other personnel qualified to execute portions of the research design.

4. All work conducted under authority of an Antiquities Permit shall be undertaken to current standards of scientific rigor, and must conform to standards established by the Utah Professional Archaeological Council and the Register of Professional Archaeologists.

 

R212-4-7. Excavation Permits.

A. The division may issue a permit for excavation on lands owned or controlled by the state and its subdivisions, and on school and institutional trust lands when permitting authority is delegated to the division, when the applicant complies with the requirements of sub-section C.

B. The division may issue a permit for excavation on other lands, including private lands, when the landowner gives permission and the applicant complies with the requirements of sub-section C.

C. The division shall require that the applicant:

1. Provide a research design which:

a) explicitly states the questions to be addressed;

b) the reasons for conducting the work;

c) defines the methods to be used;

d) describes the analysis to be performed;

e) outlines the expected results and the plans for reporting;

f) evaluates expected contributions of the proposed archaeological work to archaeological science and the field of anthropology or related disciplines;

g) provides for recovery of the maximum amount of historic, scientific, archaeological, anthropological, and educational information;

h) provides that the physical recovery of specimens and the reporting of archaeological information meet current standards of scientific rigor and conforms to standards established by the Utah Professional Archaeological Council and the Register of Professional Archaeologists; and

i) provides that no specimen, site or portion of any site is removed from the state of Utah, prior to placement in a museum, repository, or curation facility, without explicit permission from the division and after consultation with landowners and any other agency managing any interest in the land.

2. Possess written proof of consultation with the appropriate Native American Tribe or Nation, if required by law.

3. Provide written proof of consultation with the Museum of Natural History, if required by law.

4. Possess written proof of consultation with other agencies that manage other legal interests in the land.

5. Provide all other information requested by the division.

 

KEY: administrative procedure, archaeology[*]

[March 11, 2003]2004

Notice of Continuation September 26, 2001

9-8-302

9-8-305

9-9-403

63-2

16 USC 470 Sec. 304

43 CFR 7.8 Subtitle A