Antiquities measure advances
Last year, the Republican from Aurora, Sevier County, tried to transfer the state archaeologist and staff out of the Utah Division of State History and into the Division of Wildlife Resources. The bill turned into an interim study measure, and the notion of moving the office fizzled.
This year, Johnson has introduced HB139, "State Antiquities and Historic Sites Amendments." On Friday his substitute version of the bill was endorsed by the House Natural Resources, Agriculture and Environment Committee by a vote of 10 for, 3 against and 2 absent.
The bill would have the state's Public Lands Policy Coordinating Office — not the archaeologists of the History Division's Antiquities Section — "issue survey and excavation permits for archaeological resources" and "delegate the authority to issue an excavation permit to an agency."
It also requires the state's historic preservation officer to consult with the Public Lands Policy Coordinating Office about comments on state projects affecting historic property.
Until now, the Antiquities Section has issued archaeological excavation permits on state land (other than school trust lands), and such work was under the supervision of the state archaeologist. HB139 would have the Public Lands Policy Coordinating Office issue permits, and a project's "principal investigator . . . may allow other individuals to assist . . . in a survey or excavation," says the bill.
Another provision is that before spending money or approving archaeology projects, state agencies must take into account their costs. If the Antiquities Section doesn't like what's going on, it can complain to the Public Lands Policy Coordinating Office.
Johnson said the bill is intended to "provide balance in this decision" concerning protecting archaeological resources. "I do believe really strongly that we need to protect the archaeological resources of the state, but there are some out there, be it chippings or whatever it is, that we probably don't need every one of these minor sites."
He said important sites like Range Creek and other areas need protection.
"The archaeological people out there are kind of prone to protect every site, at all cost," Johnson added. "And so this agency (public lands office) . . . has the ability to make more of a balanced judgment."
The state archaeologist's office will still have a "big role to play," he said. "They will consult with all of the agencies. They'll keep the information. The bill requires the public lands coordinating office to work with them and to make sure that everything's done correctly."
The Antiquities Section, he said, will just "not continue to have the permitting process."
Members of the Utah Professional Archaeological Council overwhelmingly oppose HB139, says a letter signed by the council president, Lori Hunsaker.
"The permitting process and standards outlined in HB139 appoint a new and separate committee that currently lacks any archaeological expertise," it says.
Presently, state law requires that archaeological projects, such as clearances for freeway construction, be carried out by registered professional archaeologists. That's a higher standard than the equivalent of a graduate degree in history and some experience.
The Public Lands Policy Coordinating Office is "poorly suited to evaluate the quality of work and experience" of would-be permittees, says the letter.
"Historical and archaeological resources are irreplaceable remains of our cultural heritage that provide our community with tourist dollars, as well as information about what happened in the past and insight into our everyday existence," it adds.
When interviewed, Philip F. Notarianni, director of the Division of State History, had not seen the final version of SB139 because it wasn't yet available.
"We did voice some concerns about it, and I think the people that were drafting that are taking those into consideration," he said. "And we'll just have to wait and see."
Johnson said he believes the state administrative agencies are "pretty much on board" with the substitute version.
"I think it's terrible," Hunsaker said of the bill Sunday afternoon. She said many archaeologists — and non-professional supporters of archaeology and ancient rock art — are contacting their legislators about the bill.
"Many, many members (of the council) have expressed concern" about people who are inexperienced in archaeology, or who are pro-development, having the say on permits, she said.
"I suspect the public as a whole would be concerned about this if they knew what the ramifications are."
The bill would make state laws on managing archaeological resources "more lax, making them more development-friendly than federal law," she said.
In a state with some of the most amazing archaeological resources, she added, "I can't believe that our public is willing to just blow them off.
"And if they are," Hunsaker charged, "it's kind of a worldwide embarrassment to us."
E-mail: bau@desnews.com
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