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House approves amended State Antiquities bill after debate over oversight and federal standards
Summary
The House passed first substitute House Bill 139 to amend state antiquities and historical-sites law after adopting a substitute amendment that incorporates federal qualification criteria for archaeologists and clarifies coordination between the State Historic Preservation Office (SHPO) and the Public Lands Policy Coordinating Office; vote 60-13.
Representative Bradley Johnson, sponsor of first substitute House Bill 139, told the House the measure seeks balance between protecting archaeological resources and avoiding overreach: “I'm not against protecting archaeology resources,” he said, describing the bill as ‘‘sound public policy’’ meant to balance protection and cost.
The bill would clarify where advisory authority for archaeological matters resides and change some review procedures. Representative Becker offered Amendment 5 to add a cleanup word and to make clear the Antiquities Section may provide advice to multiple state agencies rather than funneling all requests through the Public Lands Policy Coordinating Office. Representative Allen moved a substitute (amendment #3) that, among other things, cites federal qualifications and asks the Public Lands Policy Coordinating Office to get input on criteria for archaeologists. “We’ve worked with the Public Lands Policy Coordinating Office and some archaeologists who had some concern about this and I think we have agreement on this amendment,” Allen said.
Opponents, including Representative Becker, warned the changes shift oversight away from the Division of State History and noted organized archaeological groups had registered opposition. Becker said moving responsibilities out of the Division of State History ‘‘really mov[es] the expertise away from where the expertise should reside.’’ Members referenced objections from the Utah Professional Archaeological Council and the national Society for American Archaeology.
The House divided Amendment 5 into two parts; paragraph one (a technical cleanup) passed and paragraph two failed. The sponsor and supporters framed the substitute language as a practical compromise that would protect significant resources while avoiding requirements that could be costly and unworkable for every minor find. Representative Johnson said a legislative audit addresses many of the concerns and argued the bill ‘‘will save the state a lot of money and it’ll still protect the resources.’’
House members voted to pass first substitute House Bill 139 as amended, 60 yes, 13 no. The bill will be transmitted to the Senate for further consideration.
The next procedural step is Senate consideration; the House did not provide an implementation timetable during floor action.
