53B-17-603 - Curation and deposit of specimens.
53B-17-603. Curation and deposit of specimens.
(1) For purposes of this section:
(a) "Collections" is defined as provided in Section 9-8-302.
(b) "Curation facility" means:
(i) the museum;
(ii) an accredited facility meeting federal curation standards; or
(iii) an appropriate state park.
(c) "Museum" means the Utah Museum of Natural History.
(d) "Repository" means:
(i) a facility designated by the museum through memoranda of agreement; or
(ii) a place of reburial.
(e) "School and institutional trust lands" are those properties defined in Section53C-1-103.
(2) The museum shall make rules to ensure the adequate curation of all collections fromlands owned or controlled by the state or its subdivisions. The rules shall:
(a) conform to, but not be limited by, federal curation policy;
(b) recognize that collections recovered from school and institutional trust lands areowned by the respective trust, and shall be made available for exhibition as the beneficiaries ofthe respective trust may request, subject to museum curation policy and the curation facility'sbudgetary priorities;
(c) recognize that any collections obtained in exchange for collections found on schooland institutional trust lands shall be owned by the respective trust; and
(d) recognize that if, at its discretion, the curation facility makes and sells reproductionsderived from collections found on school or institutional trust lands, any money obtained fromthese sales shall be given to the respective trust, but the curation facility may retain moneysufficient to recover the direct costs of preparation for sale and a reasonable fee for handling thesale.
(3) (a) The museum may enter into memoranda of agreement with other repositorieslocated in and outside the state to act as its designee for the curation of collections.
(b) In these memoranda, the museum may delegate some or all of its authority to curate.
(4) (a) All collections recovered from lands owned or controlled by the state or itssubdivisions shall be deposited at the museum, a curation facility, or at a repository within areasonable time after the completion of field work.
(b) The museum shall make rules establishing procedures for selection of the appropriatecuration facility or repository.
(c) The rules shall consider:
(i) whether the permittee, authorized pursuant to Section 9-8-305, is a curation facility;
(ii) the appropriateness of reburial;
(iii) the proximity of the curation facility or repository to the point of origin of thecollection;
(iv) the preference of the owner of the land on which the collection was found;
(v) the nature of the collection and the repository's or curation facility's ability and desireto curate the collection in question, and ability to maximize the scientific, educational, andcultural benefits for the people of the state and the school and institutional trusts;
(vi) selection of a second curation facility or repository, if the original repository or
curation facility becomes unable to curate the collections under its care; and
(vii) establishment of an arbitration process for the resolution of disputes over thelocation of a curation facility or repository, which shall include an ultimate arbitration authorityconsisting of the landowner, the state archaeologist or paleontologist, and a representative fromthe governor's office.
(d) The repository or curation facility may charge a curation fee commensurate with thecosts of maintaining those collections, except that a fee may not be charged to the respective trustfor collections found on school or institutional trust lands.
(5) The repository or curation facility shall make specimens available through loans tomuseums and research institutions in and out of the state when, in the opinion of the repository orcuration facility:
(a) the use of the specimens is appropriate; and
(b) arrangements are made for safe custodianship of the specimens.
(6) The museum shall comply with the procedures of Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, regarding publication of its rules in the Utah State Bulletin andthe Utah Administrative Code.
Amended by Chapter 382, 2008 General Session