If the landowner grants permission for excavation and removal, the Antiquities Section, or its agent, will conduct respectful and scientifically-sound investigations of the remains and will remove the remains from the site within five days of receiving permission to excavate. The Antiquities Section may establish a perimeter around the area of the remains for the protection of staff and the remains. Only Antiquities Section personnel and those individuals with permission from the Antiquities Section will be allowed into the area surrounding the remains until the excavation is completed. If agreed to by the landowner, an alternative agreement may be reached as provided for in Section 9-8a-309(3). If extraordinary circumstances as defined in Subsection 9-8-309(1)(c)(i) exist or arise requiring a time extension, the Antiquities Section will notify the landowner immediately.

If the landowner does not grant permission to excavate and remove the ancient human remains, the Antiquities Section will inform the landowner of the legal restrictions regarding human remains as specified in Section 76-5-802 and Section 76-5-803.

The Antiquites Section will have temporary custody of the remains to identify cultural affiliation and ownership. Those determined to be Native American will be subject to Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act. For the purposes of determining ownership of remains excavated under Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act, the Antiquities Section will serve in the capacity of the landowner and will make lineal descent and cultural affiliation ownership determinations in consultation with the Division of Indian Affairs and allowing interested individuals and tribes to assert claims of ownership.

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