Human remains that are discovered in conjunction with a project or undertaking subject to Title 9, Chapter 8a, Part 4, Historic Sites, or Section 106 of the National Historic Preservation Act, are the responsibility of the project proponents, not the Antiquities Section. The Antiquities Section may however advise, assist, and cooperate with responsible agencies in meeting their obligations regarding ancient human remains. For ancient human remains recovered as part of a compliance project from lands covered by Section 9-8a-309, the Antiquities Section will, following appropriate analyses, and if asked, assume the role of the landowner for purposes of determination of ownership as per Subsection 9-9-403(8).

Upon notification that ancient human remains have been discovered, the Antiquities Section will gather information and consult as necessary with affected agencies and individuals and within two business days determine a course of action with approval of the landowner to leave remains in place or excavate and remove remains and notify the affected agencies and individuals of the decision.

KEY: ancient human remains, archaeology

Date of Last Change: December 15, 2025

Authorizing, and Implemented or Interpreted Law: 9-8a-309; 9-9-403; 76-5-802; 76-5-803