The Utah Division of State History, through its State Historic Preservation Office (SHPO), administers programs related to the identification, evaluation, and preservation of cultural resources within Utah. The National Historic Preservation Act (NHPA) of 1966, as amended, establishes a framework for federal agencies to consider the effects of their undertakings on historic properties. Section 106 of the NHPA requires federal agencies to consult with the SHPO and other stakeholders when an undertaking may affect properties listed or eligible for listing in the National Register of Historic Places. Utah’s state laws often mirror or supplement these federal requirements, providing specific mechanisms for state agencies and local governments to manage cultural resources. For instance, Utah Code Title 9, Chapter 8, addresses historic preservation and establishes the State Historic Preservation Officer and the State Historical Society. When a proposed project involves federal funding or federal permits, the federal agency is primarily responsible for initiating Section 106 consultation. This consultation process typically involves identifying historic properties, determining eligibility for the National Register, assessing the effects of the undertaking, and developing measures to mitigate adverse effects. The SHPO plays a crucial advisory role throughout this process, providing expertise and ensuring compliance with both federal and state preservation standards. Other parties, such as the Advisory Council on Historic Preservation and the public, may also be involved depending on the nature and impact of the undertaking. The key is that the federal agency leading the undertaking is the primary entity responsible for initiating and conducting the Section 106 review, which includes consulting with the Utah SHPO.

The Utah State History Preservation Office (SHPO) plays a crucial role in the implementation of federal and state laws concerning the identification, evaluation, and protection of cultural resources. When a proposed undertaking, such as a construction project, might affect a historic property, the SHPO is consulted. The National Historic Preservation Act (NHPA) of 1966, as amended, mandates this consultation process, particularly Section 106. Utah’s own cultural heritage laws often mirror or supplement these federal requirements. The core of the consultation process involves determining if the undertaking will have an “adverse effect” on a property that is listed or eligible for listing in the National Register of Historic Places. An adverse effect can encompass physical destruction, alteration, or even neglect that diminishes the integrity of a historic property’s location, design, setting, materials, workmanship, feeling, or association. In Utah, the State Historic Preservation Officer (SHPO) is the designated official to review these effects. The SHPO’s role is advisory to the federal agency undertaking the project or the state agency that has permitting authority. The process aims to find ways to avoid, minimize, or mitigate any adverse effects. If an undertaking proceeds without proper consultation and results in damage to a significant cultural resource, it can lead to legal ramifications under both federal and state law, including potential penalties and requirements for mitigation measures. The Utah Division of State History, through its State Historic Preservation Office, is the primary state entity responsible for administering these programs.

The Utah State Historic Preservation Office (SHPO) plays a crucial role in the identification, evaluation, and treatment of historic properties within Utah. Under Section 106 of the National Historic Preservation Act of 1966, federal agencies are required to consider the effects of their undertakings on historic properties. Utah’s own cultural heritage laws, such as the Utah Cultural and Historical Facilities Act (Utah Code Ann. § 9-4-301 et seq.) and the Utah Antiquities Act (Utah Code Ann. § 9-8-301 et seq.), provide additional layers of protection and define specific procedures for state-level undertakings. When a proposed project, such as the construction of a new highway interchange, might affect a property listed or eligible for listing in the National Register of Historic Places, or a property deemed significant under state law, a consultation process is initiated. This process involves the lead federal agency, the SHPO, and often the Advisory Council on Historic Preservation, as well as the project proponent. The goal is to identify potential adverse effects and to develop mitigation measures to minimize or avoid them. Mitigation can include various approaches, such as professional documentation (e.g., historic American building survey standards), salvage excavation of archaeological sites, or redesign of the project to avoid direct impacts. The determination of whether an effect is adverse is based on established criteria, considering factors like physical damage, alteration of character, or isolation of a property from its setting. The ultimate aim is to balance development needs with the preservation of Utah’s irreplaceable cultural resources.

The Utah State History Preservation Office (SHPO) plays a crucial role in identifying and evaluating historic properties. Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies are required to consider the effects of their undertakings on historic properties. Utah’s state historic preservation program, as outlined in Utah Code Title 9 Chapter 8, mirrors these federal requirements and establishes state-level processes for historic preservation. When a project involves federal funding or permits, the federal agency consults with the SHPO. The SHPO’s role is to advise on whether a property is eligible for listing on the National Register of Historic Places or the Utah State Register of Historic Sites. Eligibility is determined based on criteria that assess a property’s significance in American history, architecture, archaeology, engineering, or culture, and its ability to convey that significance. These criteria are applied through a systematic review process. The SHPO provides recommendations to the federal agency regarding the significance and potential impacts. The agency then uses this information to decide on mitigation measures if adverse effects are found. Therefore, the SHPO’s determination of eligibility is a key advisory step in this process, informing subsequent decisions about project design and impact mitigation.

No calculation is required for this question as it tests understanding of legal principles. The Utah State History Preservation Office (SHPO) plays a crucial role in the identification, evaluation, and protection of historic properties within the state. Under Section 106 of the National Historic Preservation Act (NHPA) and related Utah state statutes, federal undertakings that may affect historic properties require consultation. The Advisory Council on Historic Preservation (ACHP) provides guidance on these consultations. When a federal agency proposes an undertaking, it must first determine if historic properties are present within the Area of Potential Effect (APE). If historic properties are identified, the agency must assess their eligibility for the National Register of Historic Places (NRHP). If a property is eligible or listed on the NRHP, the agency must consider the effects of the undertaking on the property’s historic significance. This often involves consultation with the SHPO, potentially affected tribal nations, and other interested parties. The goal is to identify ways to avoid, minimize, or mitigate adverse effects. Utah’s specific laws, such as the Utah Antiquities Act and the Utah Historic Preservation Act, complement federal requirements by providing additional layers of protection for state-owned historic resources and archaeological sites. The process emphasizes collaboration and the balancing of development needs with the preservation of cultural heritage. The SHPO acts as a primary point of contact and expertise for state and federal agencies undertaking projects that might impact these resources.

The Utah Cultural and Historic Preservation Act, codified in Utah Code Title 9, Chapter 8, establishes a framework for the identification, evaluation, and protection of cultural and historic resources within the state. A key component of this act is the process by which properties are nominated for inclusion on the State Register of Historic Sites. The Utah State Historic Preservation Officer (SHPO), in consultation with the State Historical Society and the State Antiquities Section, oversees this process. The criteria for nomination are designed to ensure that only properties possessing significant historical, architectural, archaeological, or cultural value are recognized. These criteria align with national standards, often referencing the National Register of Historic Places criteria for evaluation, but are tailored to Utah’s unique heritage. When a property is nominated, a thorough review is conducted, which may involve field surveys, archival research, and expert consultation. The process emphasizes public participation and stakeholder engagement, particularly from property owners and local governments. The ultimate decision to list a property on the State Register rests with the SHPO, following established administrative procedures. This designation provides a level of recognition and can influence decisions regarding development projects that might affect the property, potentially triggering review under state environmental or historic preservation laws. The Act also outlines provisions for the management and protection of sites discovered during development or construction, requiring notification to the State Antiquities Section.

The Utah State Historic Preservation Office (SHPO) is the primary state agency responsible for administering federal and state historic preservation programs. Under the National Historic Preservation Act (NHPA) and Utah’s own preservation statutes, the SHPO oversees the identification, evaluation, and nomination of historic properties to the National Register of Historic Places. Section 106 of the NHPA requires federal agencies to consider the effects of their undertakings on historic properties. Utah Code Annotated Title 9 Chapter 8 outlines the state’s framework for historic preservation, including the establishment of the State Historic Preservation Officer and the responsibilities of the Division of State History, which houses the SHPO. The State Historic Preservation Officer is designated by the Governor and serves as the principal state official responsible for historic preservation activities. This role involves coordinating with federal agencies, tribal governments, local governments, and private property owners. The SHPO also manages the state’s historic resource survey and inventory, provides technical assistance, and reviews projects for potential impacts on cultural resources. The Utah State Antiquities Act, specifically Utah Code Ann. § 9-8-301 et seq., addresses the protection of archaeological sites and artifacts on state lands, requiring permits for excavation and prohibiting unauthorized disturbance. Therefore, any entity proposing an undertaking that might affect a potentially historic property in Utah must consult with the Utah SHPO to ensure compliance with federal and state preservation laws.

The Utah Antiquities Act, specifically Utah Code §9-8-301 et seq., governs the protection of archaeological sites and historical resources within the state. When a private landowner in Utah discovers artifacts during construction on their property, the primary legal obligation hinges on whether the discovered items are deemed “antiquities” as defined by the Act and if the discovery falls within specific circumstances outlined for reporting. The Act requires that any person who unearths, disturbs, or removes any archaeological resource or human remains on state lands, or on federal lands without proper authorization, must report the discovery to the State Historic Preservation Officer (SHPO). While the Act primarily focuses on state and federal lands, its principles extend to private lands when significant historical or archaeological discoveries are made that could impact the state’s cultural heritage. The critical factor is the nature of the discovery and its potential significance to Utah’s history. If the discovered items are clearly identifiable as significant archaeological artifacts, the landowner has a duty to notify the SHPO to allow for proper assessment and management, even on private property, to prevent the loss or destruction of invaluable cultural information. This notification is a crucial step in ensuring compliance with Utah’s commitment to preserving its heritage.

The Utah State Antiquities Act, codified in Utah Code Title 9, Chapter 8, specifically addresses the protection of archaeological sites and historical landmarks within the state. Section 9-8-301 outlines the process for identifying, reporting, and protecting significant cultural resources. When a project, such as the proposed construction of a new visitor center near Goblin Valley State Park, is anticipated to disturb land that may contain cultural artifacts or sites, a cultural resource survey is often mandated. This survey aims to identify potential impacts and recommend mitigation strategies. The Utah State Historic Preservation Officer (SHPO), as designated by the Governor, plays a crucial role in overseeing these surveys and advising on compliance with state and federal preservation laws. The SHPO consults with relevant agencies and stakeholders to ensure that development proceeds in a manner that minimizes harm to cultural heritage. In this scenario, the SHPO’s review of the survey report and subsequent recommendations for avoiding or mitigating impacts on any identified sites, such as potential Fremont or Ancestral Puebloan remnants, would be the primary administrative step. The SHPO’s role is advisory and regulatory, ensuring adherence to the principles of preservation.

The Utah Antiquities Act, codified in Utah Code Ann. § 9-8-301 et seq., governs the protection and preservation of archaeological sites and historic properties within the state. A key aspect of this act is the definition and scope of “cultural resources.” Cultural resources are broadly defined to include archaeological sites, historic structures, artifacts, and traditional cultural properties that have significance in history, prehistory, or culture. The Act requires permits for any disturbance or excavation of such resources on state or trust lands. The Utah State Historic Preservation Office (SHPO) is the primary agency responsible for administering the Act, including reviewing permit applications and providing technical assistance. The Act also establishes penalties for violations, such as unauthorized excavation or destruction of cultural resources. When considering potential impacts on cultural resources, agencies are mandated to consult with the SHPO and, where applicable, with Native American tribes, particularly concerning Traditional Cultural Properties. The concept of “adverse effect” is central to the consultation process, requiring mitigation measures when undertakings may cause harm to significant cultural resources. The Act’s framework emphasizes a balance between development and preservation, necessitating a thorough understanding of what constitutes a protected cultural resource under Utah law.

The Utah State Antiquities Act, specifically Utah Code Annotated §9-8-301 et seq., governs the protection of archaeological and historical sites on state lands. When a project, such as the development of a new recreational trail in a canyon in southern Utah, is proposed, and there is a potential for disturbing or destroying historical or archaeological resources, a cultural resource survey is typically mandated. This survey aims to identify and assess the significance of any such resources. If the survey uncovers artifacts or features that are deemed to be of state significance, meaning they are important to understanding Utah’s past, then mitigation measures are required. These measures are designed to lessen the adverse impact on the discovered resources. Mitigation can take various forms, including data recovery (excavation and documentation), preservation in situ, or relocation. The specific type and extent of mitigation are determined by the State Historic Preservation Officer (SHPO) in consultation with the project proponent and other relevant stakeholders, based on the nature and significance of the resources and the potential impacts. The goal is to balance development needs with the imperative to preserve irreplaceable cultural heritage. The Utah State Antiquities Act emphasizes the importance of scientific study and public benefit derived from the preservation and study of these resources. Therefore, the most appropriate action following the discovery of significant artifacts and features on state land during a trail development project is to implement scientifically sound mitigation measures as determined by the SHPO.

The Utah State Antiquities Act, codified in Utah Code Title 9 Chapter 8, governs the protection of archaeological and historical sites within the state. Specifically, Section 9-8-301 outlines the requirement for permits for any activity that may disturb or alter a historical or archaeological site on state or local lands. This includes excavation, construction, or even certain land management practices. The Act emphasizes the state’s interest in preserving its cultural heritage for future generations. When a private developer proposes a project that involves significant earthmoving on private land that is adjacent to a known Native American ancestral site managed by the Bureau of Land Management (BLM) in Utah, and preliminary surveys suggest a high probability of encountering cultural artifacts, the developer must consult with the State Historic Preservation Officer (SHPO). The SHPO, in conjunction with relevant federal agencies like the BLM and potentially tribal historic preservation officers, will assess the potential impact. If significant impacts are likely, a permit under the Utah State Antiquities Act may be required for the project to proceed, even on private land, if the activity is deemed to pose a direct threat to the integrity of the adjacent public land heritage resource or if the private land itself contains identified cultural resources. The Act’s scope extends to protecting the context and integrity of significant sites, which can sometimes necessitate engagement with activities on adjacent private property. Therefore, the critical step is the consultation and potential permitting process facilitated by the SHPO.

The Utah Cultural and Historic Preservation Act, specifically referencing the provisions related to the State Historic Preservation Officer (SHPO) and the review process for undertakings that may affect historic properties, dictates the procedures for identifying and mitigating adverse effects. When a federal or state undertaking is proposed on or affecting lands within Utah, and there is a potential impact on a property listed or eligible for listing on the National Register of Historic Places, Section 106 of the National Historic Preservation Act, as implemented in Utah, requires consultation. This consultation involves identifying historic properties, assessing the effects of the undertaking, and, if adverse effects are found, developing a Memorandum of Agreement (MOA) or Programmatic Agreement (PA) to mitigate those effects. The Utah State Historic Preservation Office plays a crucial role in this process, providing technical expertise and facilitating consultation among the relevant parties, including the lead federal agency, the SHPO, and potentially other stakeholders like Tribal Historic Preservation Offices or the Advisory Council on Historic Preservation. The goal is to reach a consensus on measures that will allow the undertaking to proceed while adequately preserving or mitigating the impact on significant cultural resources. The specific mechanism for resolving disagreements or ensuring compliance when an agreement cannot be reached often involves the Advisory Council on Historic Preservation, particularly in complex cases or when federal funding is involved, although state-level agreements may have their own dispute resolution clauses.

The Utah Cultural and Historic Preservation Act, specifically Utah Code Annotated §9-8-404, outlines the process for identifying and nominating significant cultural and historic properties to the State Register of Historic Sites. When a property is nominated, the State Historic Preservation Officer (SHPO) must notify the owner and provide an opportunity for comment. If the owner objects in writing within a specified timeframe, the property’s eligibility for the State Register is suspended pending further review or a determination that the property’s significance outweighs the owner’s objection. This process aims to balance preservation goals with private property rights. The Utah State Historical Society, through its Historic Sites Committee, plays a crucial role in reviewing nominations and making recommendations. The ultimate decision regarding listing on the State Register rests with the SHPO, but the owner’s objection triggers a specific procedural safeguard that can lead to a stay of the nomination.

The Utah State Antiquities Act, specifically Utah Code Annotated §9-8-301 et seq., governs the protection of archaeological sites and historical artifacts within the state. When a private landowner in Utah discovers artifacts during construction on their property, the primary legal obligation hinges on whether the discovery constitutes an “antiquity” as defined by the Act and whether it is located on state or federal land, or land where the state has jurisdiction. The Act mandates reporting such discoveries to the State Historic Preservation Officer (SHPO). The SHPO then has the authority to investigate and potentially undertake measures to preserve the artifacts, which may include excavation or removal. The Act also outlines provisions for ownership and disposition of discovered antiquities, often vesting ownership in the state. While federal laws like the National Historic Preservation Act (NHPA) and the Archaeological Resources Protection Act (ARPA) also apply to federal lands and federally funded projects, the question is specific to Utah law and a private landowner’s actions within the state. Therefore, the initial and most direct legal recourse under Utah law is to report the discovery to the SHPO, initiating the state’s established process for managing such finds. Failure to report can result in penalties. The Act’s intent is to ensure that significant cultural resources are identified, evaluated, and managed appropriately to preserve Utah’s heritage.

The Utah State Historic Preservation Office (SHPO) plays a crucial role in identifying, evaluating, and protecting historic properties within the state. Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies are required to consider the effects of their undertakings on historic properties. Utah’s own cultural heritage laws, such as the Utah Antiquities Act and the Utah Historic Sites Act, provide additional layers of protection for state-owned or state-recognized cultural resources. When a proposed project might affect a property listed or eligible for listing in the National Register of Historic Places, or a property of state significance, the SHPO consults with the project proponent and other stakeholders. This consultation process aims to avoid, minimize, or mitigate adverse effects. The Utah State Historic Preservation Officer (SHPO) is the designated official responsible for these consultations and for making recommendations regarding the preservation of historic properties. The Utah State Historic Preservation Office’s mandate extends to advising state and local governments, reviewing projects for potential impacts on cultural resources, and maintaining the state’s historic inventory. Therefore, the primary entity responsible for providing guidance and conducting consultations regarding potential impacts on historic properties in Utah, in coordination with federal and state undertakings, is the Utah State Historic Preservation Office.

The Utah State Historic Preservation Office (SHPO) is the primary state agency responsible for administering federal historic preservation programs within Utah, as delegated by the National Park Service. Under Section 106 of the National Historic Preservation Act of 1966, as amended, federal agencies are required to consider the effects of their undertakings on historic properties. Utah has its own enabling legislation and administrative rules that often mirror or supplement federal requirements. When a federal undertaking may affect a historic property listed or eligible for the National Register of Historic Places, the SHPO, in consultation with the federal agency and often other stakeholders like the Advisory Council on Historic Preservation (ACHP) and the property owner, develops a Memorandum of Agreement (MOA) or a Programmatic Agreement (PA) to mitigate adverse effects. The question centers on the SHPO’s role in this consultation process for a project impacting a potentially eligible historic property on federal land in Utah. The specific Utah statute that guides the SHPO’s involvement in consultation for state and federal undertakings affecting cultural resources is Utah Code § 9-8-404, which outlines the duties of the State Historic Preservation Officer. This statute empowers the SHPO to review proposed actions, advise on preservation measures, and participate in consultations to avoid, minimize, or mitigate adverse effects on historic properties. The process involves identifying historic properties, assessing potential impacts, and developing treatment plans, which can include documentation, stabilization, or other measures to preserve the character-defining elements of the property. The SHPO’s approval or concurrence is typically a critical step in the Section 106 review process for any project involving federal funding, permits, or licenses that might affect cultural resources in Utah.

The Utah Cultural and Historic Preservation Act, specifically Utah Code Annotated Title 9 Chapter 8, outlines the framework for identifying, protecting, and managing cultural and historic resources within the state. A key aspect of this act is the establishment of a statewide inventory of historic sites and structures, managed by the State Historic Preservation Office (SHPO). When a proposed undertaking, such as a development project, has the potential to affect a property listed on or eligible for the National Register of Historic Places, or a property of state or local significance, Section 9-8-404 of the Utah Code mandates a consultation process. This process involves consultation between the agency responsible for the undertaking and the SHPO, and potentially other stakeholders, including tribal governments if the undertaking might affect historic properties of religious or cultural significance to Native American tribes. The goal is to identify adverse effects and develop mitigation measures to minimize or avoid these effects. The consultation is a procedural requirement designed to ensure that the impact on cultural heritage is considered and addressed. The process does not automatically halt an undertaking but rather seeks to manage its impact responsibly. The ultimate determination of whether an undertaking causes an adverse effect, and the appropriate mitigation, is often the result of this collaborative consultation.

The Utah Cultural and Historic Preservation Act, specifically Utah Code §9-8-301 et seq., establishes the framework for identifying, evaluating, and protecting cultural and historical resources within the state. A key aspect of this act is the process for nominating properties to the National Register of Historic Places and the State Register of Historic Sites. When a property is nominated, a formal review process is initiated, involving the Utah State Historic Preservation Officer (SHPO). The SHPO is responsible for determining the eligibility of the property for listing. This determination is based on established National Register criteria, which assess significance in history, architecture, archaeology, engineering, or culture, and integrity of location, design, setting, materials, workmanship, feeling, and association. The process requires consultation with the property owner and potentially other stakeholders. If the SHPO determines a property is eligible, it is then considered for inclusion on the State Register, which carries its own set of protections and considerations under Utah law, distinct from but often aligned with federal protections. The State Register serves as a crucial tool for state agencies to consider historic properties in their planning and undertaking. The question probes the understanding of the initial step in formally recognizing a property’s significance under Utah law, which is the SHPO’s eligibility determination, a prerequisite for State Register inclusion and a critical step for any potential federal designation.

The Utah Cultural and Historic Preservation Act, specifically Utah Code § 9-8-401 et seq., establishes the framework for identifying, evaluating, and protecting cultural and historic resources within the state. When a state agency or political subdivision proposes an undertaking that may affect a historic property listed on or eligible for the National Register of Historic Places or the Utah State Register of Historic Sites, the agency must consult with the State Historic Preservation Officer (SHPO). This consultation process aims to identify potential adverse effects and develop mitigation strategies. The law requires that such undertakings not be approved, funded, or permitted until the agency has afforded the SHPO a reasonable opportunity to comment on the undertaking and its potential impact. If the SHPO determines that an undertaking will have an adverse effect, the agency must take into account the SHPO’s comments to minimize or mitigate the adverse effects. The Utah Antiquities Act, Utah Code § 9-8-101 et seq., also plays a role by protecting archaeological sites and artifacts on state lands, requiring permits for excavation and prohibiting unauthorized disturbance. In the scenario presented, the proposed highway expansion directly impacts a property identified as potentially eligible for the Utah State Register of Historic Sites. Therefore, the responsible state agency must initiate consultation with the SHPO under the Utah Cultural and Historic Preservation Act to assess the impact and explore mitigation measures before proceeding. The Antiquities Act would be relevant if archaeological resources were directly disturbed, but the primary trigger for the initial procedural step is the impact on a potentially eligible historic property.

The Utah Cultural and Historic Sites Preservation Act, specifically Utah Code Ann. § 9-8-301 et seq., outlines the framework for identifying, evaluating, and protecting significant cultural and historic resources within the state. A key aspect of this act is the process by which sites are nominated and potentially listed on the Utah State Register of Historic Sites. The Utah State Historic Preservation Office (SHPO) plays a central role in this process, reviewing nominations for eligibility based on established criteria, which include association with significant events or persons, embodiment of distinctive characteristics of architectural or construction types, or potential to yield important information about prehistory or history. Once a nomination is deemed eligible, the State Historic Preservation Officer (SHPO) must notify the owner of the property and any affected local government. A period is then allowed for public comment and for the property owner to object to the nomination. If no objection is received, or if an objection is overruled after review, the site is officially added to the State Register. This process ensures due diligence and provides opportunities for stakeholder input, reflecting a balance between preservation goals and property rights. The question hinges on understanding the procedural steps and the role of the SHPO and property owners in the formalization of a site’s inclusion on the State Register.

The Utah Division of State History, under the authority of the Utah Cultural and Scientific Preservation Act (Utah Code Title 9 Chapter 8), is tasked with identifying, preserving, and protecting cultural resources within the state. When a proposed development project, such as the construction of a new ski resort access road near a known Ancestral Puebloan habitation site in San Juan County, Utah, is undertaken, federal and state laws mandate an assessment of potential impacts on historical and archaeological resources. Specifically, Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to consider the effects of their undertakings on historic properties. Utah’s state historic preservation office (SHPO), which is the Division of State History, plays a crucial role in this consultation process. If the proposed action, the road construction, is determined to have an adverse effect on the Ancestral Puebloan site, mitigation measures must be developed and implemented. These measures are designed to lessen the impact and can include detailed archaeological surveys, data recovery (excavation), or the creation of interpretive materials. The primary goal is to ensure that significant cultural information is not lost due to the development. The Division of State History, acting as the SHPO, would oversee the development and approval of these mitigation plans, ensuring they comply with both federal standards and Utah’s specific preservation goals. The process involves consultation among the lead federal agency, the SHPO, and potentially other stakeholders, including Tribal Historic Preservation Offices if Native American cultural sites are involved.

The Utah State History Preservation Office (SHPO) plays a crucial role in identifying and protecting cultural resources within the state. Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies are required to consider the effects of their undertakings on historic properties. Utah has its own state-level legislation that complements federal requirements, often providing additional protections or specific procedural guidelines. The Utah Antiquities Act and the Utah State History Act are key pieces of state legislation. The Utah State History Act, specifically Utah Code Annotated Title 9 Chapter 8, outlines the powers and duties of the State History division, which includes the State Historic Preservation Officer. This act mandates the creation and maintenance of a state register of historic sites and properties. Furthermore, it establishes procedures for reviewing proposed actions that may affect properties listed on the state register or eligible for listing. The State Historic Preservation Officer is responsible for administering these programs, including conducting surveys, nominating properties to the National Register of Historic Places, and providing technical assistance to local governments and property owners. When a state agency or a political subdivision of the state proposes an action that might impact a state-listed historic property, the State Historic Preservation Officer must be consulted. The process generally involves notification, review, and consultation to mitigate adverse effects. The specific procedures and timelines are often detailed in administrative rules promulgated by the Utah Department of Heritage and Arts, which oversees the State History division. The question probes the procedural requirement for a state entity when proposing an action that could affect a property already recognized for its historical significance at the state level, emphasizing the proactive consultation mandated by Utah law.

The Utah State Historic Preservation Office (SHPO) has a specific process for reviewing undertakings that may affect historic properties. When a federal agency or a permittee of a federal agency proposes an undertaking, they must consult with the SHPO. The National Historic Preservation Act of 1966, as amended, and its implementing regulations, particularly 36 CFR Part 800, guide this process. In Utah, the state historic preservation statutes and the Memorandum of Agreement (MOA) between the Utah SHPO and federal agencies further define these responsibilities. The core of the process involves identifying historic properties, assessing their eligibility for the National Register of Historic Places, and determining the effect of the undertaking. If an undertaking has the potential to cause adverse effects on a historic property, the consulting parties, which typically include the federal agency, the SHPO, and potentially the Advisory Council on Historic Preservation and the property owner or their representative, must develop mitigation measures. These measures aim to minimize, reduce, or compensate for the adverse effects. Examples of mitigation include detailed recording of the property before demolition, relocation of significant features, or adaptive reuse plans. The specific nature of the mitigation is determined through consultation and agreement among the parties, reflecting the unique characteristics of the property and the nature of the adverse effect. The Utah SHPO plays a crucial role in advising on and approving these mitigation strategies to ensure compliance with preservation goals.

The Utah Cultural Preservation Act, specifically Utah Code Title 9, Chapter 8, addresses the protection of cultural resources within the state. This act mandates that state agencies must consult with the State Historic Preservation Officer (SHPO) before undertaking any project that might affect properties listed or eligible for listing on the National Register of Historic Places or the Utah State Register of Historic Sites. The consultation process aims to identify potential adverse effects and develop mitigation strategies. If a project is determined to have a potentially adverse effect, the agency is required to consult with the SHPO to develop a memorandum of agreement or other appropriate measures to mitigate the impact. The act also outlines procedures for inventorying and nominating properties to the state register. The scenario describes a state highway expansion project in Utah that may impact an archaeological site. According to the Utah Cultural Preservation Act, the Department of Transportation, as a state agency, must initiate consultation with the SHPO to assess the potential impact on the archaeological site. This consultation is a prerequisite to proceeding with the project in a manner that complies with state law regarding cultural resource protection. The absence of such consultation would constitute a violation of the act’s procedural requirements for state-undertaken projects affecting cultural resources. Therefore, the most appropriate initial step mandated by Utah law is for the Department of Transportation to engage in consultation with the SHPO.

The Utah Cultural and Historic Preservation Act, specifically Utah Code § 9-8-404, outlines the process for the State Historic Preservation Officer (SHPO) to review undertakings that may affect historic properties. When a federal agency or a state agency undertaking a project that receives federal funding or requires federal permits consults with the SHPO regarding a property that is listed or eligible for listing on the National Register of Historic Places, the SHPO has a specific timeframe to respond. The Act mandates that the SHPO must provide comments within 30 days of receiving notification and supporting documentation. If the SHPO fails to provide comments within this period, the undertaking is presumed not to have an effect on historic properties. This 30-day period is crucial for ensuring timely review and preventing project delays, while also allowing for thorough consideration of potential impacts on Utah’s cultural heritage. The presumption of no effect is a legal consequence of inaction by the SHPO within the statutory limit, underscoring the importance of adherence to procedural timelines in cultural resource management.

The scenario involves the potential discovery of human remains on private land in Utah, raising questions about the application of state and federal laws concerning cultural heritage and human burial sites. Utah law, specifically the Utah Antiquities Act (Utah Code Ann. §9-8-301 et seq.) and the Utah Burial Site Preservation Act (Utah Code Ann. §9-8-401 et seq.), provides a framework for handling such discoveries. The Utah Antiquities Act generally pertains to archaeological sites on state lands, but its principles of preservation and reporting are relevant. More directly, the Utah Burial Site Preservation Act governs the discovery of human remains and burial objects. This act mandates that upon discovery of human remains, the finder must immediately notify the county sheriff or local law enforcement. The sheriff then notifies the Utah State Historic Preservation Officer (SHPO) and the Medical Examiner if the remains are suspected to be ancient or of Native American origin. The law emphasizes the need for respectful treatment and proper disposition of discovered remains, particularly those of Native American ancestry, which are also subject to the federal Native American Graves Protection and Repatriation Act (NAGPRA). Given that the discovery is on private land, the initial reporting mechanism is crucial. The Act requires notification to the county sheriff, who then initiates the process of involving state agencies like the SHPO and potentially the Medical Examiner. The question asks about the *immediate* legal obligation of the discoverer. While consultation with descendant communities and the SHPO are critical subsequent steps, the initial legal mandate is to report the discovery to law enforcement. Therefore, the correct course of action is to report to the county sheriff.

No calculation is required for this question. The Utah State Historic Preservation Office (SHPO) plays a pivotal role in administering federal historic preservation programs within the state, as delegated by the National Park Service under the National Historic Preservation Act of 1966. A core function involves coordinating the Section 106 consultation process, which requires federal agencies to consider the effects of their undertakings on historic properties. This process mandates identification of historic properties, assessment of effects, and consultation with SHPO, Tribal Historic Preservation Offices (THPOs) when applicable, and other stakeholders to mitigate adverse effects. Utah’s specific cultural heritage laws often build upon and supplement these federal requirements, providing additional protections or outlining state-specific procedures for inventorying, evaluating, and protecting cultural resources, including archaeological sites, historic buildings, and traditional cultural properties. The SHPO’s role extends to maintaining the state’s cultural resource inventory, providing technical assistance to local governments and property owners, and reviewing projects for compliance with state and federal preservation laws. Understanding the SHPO’s mandate is crucial for anyone involved in development or land management activities that might impact Utah’s rich cultural landscape. The specific designation of a property as eligible for or listed on the National Register of Historic Places is a key trigger for Section 106 review. The process involves determining if a federal undertaking will affect the historic character or integrity of such a property. The SHPO’s expertise is vital in this determination and in developing appropriate mitigation strategies when adverse effects are unavoidable.

The Utah Cultural and Historic Preservation Act, specifically Utah Code Annotated Title 9, Chapter 8, establishes the framework for protecting the state’s cultural and historic resources. Section 9-8-301 outlines the responsibilities of state agencies and political subdivisions in identifying, evaluating, and nominating properties to the National Register of Historic Places and the State Register of Historic Sites. This section also mandates that state agencies consult with the State Historic Preservation Officer (SHPO) before undertaking any project that might affect properties listed on or eligible for these registers. The Act emphasizes the importance of avoiding adverse effects on historic properties, and if avoidance is not possible, mitigation measures must be developed in consultation with the SHPO and potentially the Advisory Council on Historic Preservation. The question revolves around the procedural steps an agency must take when a proposed project might impact a potentially historic property not yet formally listed but identified as eligible. The agency’s primary obligation under the Act is to conduct a professional survey and evaluation to determine eligibility, and then to consult with the SHPO regarding the potential impact and appropriate mitigation. Simply delaying the project or relying on previous, outdated surveys without current professional assessment and SHPO consultation would not fulfill the statutory requirements. The Utah State Historic Preservation Office (SHPO) is the designated authority to guide these processes. Therefore, the most appropriate action is to initiate a formal eligibility assessment and consult with the SHPO.

The Utah State Antiquities Act, specifically Utah Code Ann. § 9-8-301 et seq., governs the protection of archaeological sites and historical resources within the state. This act mandates that any person who disturbs, excavates, or removes any historical, cultural, or archaeological resource on state lands without proper authorization is subject to penalties. The act defines “historical, cultural, or archaeological resource” broadly to include artifacts, sites, structures, and objects of historical, cultural, or scientific importance. When a private developer, such as “Summit Developers LLC,” undertakes a project on private land in Utah that incidentally unearths materials that could be considered cultural heritage, the primary legal framework for their disposition and protection is not the federal Native American Graves Protection and Repatriation Act (NAGPRA), which applies to Native American human remains and cultural items on federal or tribal lands, nor the National Historic Preservation Act (NHPA), which primarily concerns federal undertakings and their impact on historic properties. Instead, the Utah State Antiquities Act, while primarily focused on state lands, establishes a precedent for state-level protection and can be invoked or referenced in cases involving significant discoveries on private land, particularly if the discovered items are of statewide significance or if the discovery triggers a review process related to state permitting or land use. However, the direct legal obligation for private landowners to report discoveries on their own property, absent a specific permit requirement or a federal nexus, can be less stringent than for state lands. The question pivots on the most *directly applicable* Utah state law for such a discovery on private land, considering the state’s own legislative framework for heritage protection. The Utah State Antiquities Act, while its primary jurisdiction is state lands, sets the policy and legal tone for cultural resource management within Utah. The Utah Museum Services Act is related to the operation and funding of museums but does not directly regulate discoveries on private land. The Utah Historical Records Act pertains to the preservation of public records. Therefore, the Utah State Antiquities Act, despite its focus on state lands, represents the most relevant Utah-specific legislative intent and framework for addressing such a discovery within the state’s legal landscape, even if its direct enforcement on purely private land without a state nexus is nuanced. The question asks about the most applicable *Utah* law, implying a focus on the state’s own legislative approach to cultural heritage.