Terms Used In Utah Code > Title 9 > Chapter 8a > Part 2 - State Historic Preservation Office

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8a-302
• Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
• Ancient human remains: means all or part of the following that are historic or prehistoric:
       (2)(a) a physical individual; and
       (2)(b) any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. See Utah Code 9-8a-302
• Antiquities Section: means the Antiquities Section of the office created in Section 9-8a-304. See Utah Code 9-8a-302
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8a-302
• Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8a-101
• Board: means the Board of State History. See Utah Code 9-8-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Collection: means a specimen and the associated records documenting the specimen and the specimen's recovery. See Utah Code 9-8a-302
• Committee: means the National Register Review Committee created in Section 9-8a-204. See Utah Code 9-8a-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8a-302
• Curation facility: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
• Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Director: means the director of the Utah Historical Society. See Utah Code 9-8-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Documentary materials: means written or documentary information contained in published materials, manuscript collections, archival materials, photographs, sound recordings, motion pictures, and other written, visual, and aural materials, except government records. See Utah Code 9-8-102
• Donor: The person who makes a gift.
• Endowment fund: means any history endowment fund created under this part by a qualifying organization. See Utah Code 9-8-701
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Excavate: means the recovery of archaeological resources. See Utah Code 9-8a-302
• Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Fiduciary: A trustee, executor, or administrator.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Historic property: means any prehistoric or historic district, site, building, structure, or specimen included in, or eligible for inclusion in, the National Register of Historic Places or the State Register. See Utah Code 9-8a-302
• Historical artifacts: means objects produced or shaped by human efforts, a natural object deliberately selected and used by a human, an object of aesthetic interest, and any human-made objects produced, used, or valued by the historic peoples of Utah. See Utah Code 9-8-102
• Indian tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-8a-302
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Museum: means the Utah Museum of Natural History. See Utah Code 9-8a-302
• Museum of Utah: means the Museum of Utah created in Section 9-8-209. See Utah Code 9-8-102
• Nonfederal land: includes :
            (12)(b)(i) land owned or controlled by:

                 (12)(b)(i)(A) the state;

                 (12)(b)(i)(B) a county, city, or town;

                 (12)(b)(i)(C) an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or

                 (12)(b)(i)(D) a person other than the federal government; or
            (12)(b)(ii) school and institutional trust lands. See Utah Code 9-8a-302
• Office: means the State Historic Preservation Office created in Section 9-8a-201. See Utah Code 9-8a-101
• Officer: means the state historic preservation officer, appointed in accordance with Section 9-8a-202. See Utah Code 9-8a-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Principal investigator: means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit. See Utah Code 9-8a-302
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Qualifying organization: means any Utah nonprofit history organization or local government that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund. See Utah Code 9-8-701
• Quorum: The number of legislators that must be present to do business.
• Reposited materials: means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution. See Utah Code 9-8-802
• Repository: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
• Service of process: The service of writs or summonses to the appropriate party.
• Site: means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. See Utah Code 9-8a-302
• Society: means the Utah Historical Society created in Section 9-8-201. See Utah Code 9-8-102
• Specimen: means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains. See Utah Code 9-8a-302
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State land: means land owned by the state including the state's:
            (18)(a)(i) legislative and judicial branches;
            (18)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
            (18)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-8a-302
• Statute: A law passed by a legislature.
• Survey: means a surface investigation for archaeological resources that may include:
       (19)(a) insubstantial surface collection of archaeological resources; and
       (19)(b) limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property. See Utah Code 9-8a-302
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5