(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altered, superseded, or otherwise affected in any manner by this rule or other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.
