CHAPTER 263B STATE ARCHAEOLOGIST
263B.1 APPOINTMENT.
263B.2 DUTIES.
263B.3 AGREEMENTS WITH FEDERAL DEPARTMENTS.
263B.4 DEFINITIONS.
263B.5 STATE DEPARTMENT OF TRANSPORTATION CONTRACTS.
263B.6 FEDERAL FUNDS.
263B.7 ANCIENT REMAINS.
263B.8 CEMETERY FOR ANCIENT REMAINS.
263B.9 AUTHORITY TO DENY PERMISSION TO DISINTER HUMAN REMAINS.
263B.10 CONFIDENTIALITY OF ARCHAEOLOGICAL LOCATIONS AND INFORMATION.



        

263B.1 APPOINTMENT. The state board of regents shall appoint a state archaeologist, who shall be a member of the faculty of the department of anthropology of the state university of Iowa.

         Section History: Early Form

         [C62, 66, 71, 73, 75, 77, 79, 81, § 305A.1] 

         Section History: Recent Form

         C93, § 263B.1
         Referred to in § 457A.1
        

263B.2 DUTIES. The state archaeologist shall have the primary responsibility for the discovery, location and excavation of archaeological sites and for the recovery, restoration and preservation of archaeological remains in and for the state of Iowa, and shall coordinate all such activities through cooperation with the state department of transportation, the department of natural resources, and other state agencies concerned with archaeological salvage or the products thereof. The state archaeologist may publish educational and scientific reports relating to the responsibilities and duties of the office.

         Section History: Early Form

         [C62, 66, 71, 73, 75, 77, 79, 81, § 305A.2] 

         Section History: Recent Form

         C93, § 263B.2
        

263B.3 AGREEMENTS WITH FEDERAL DEPARTMENTS. The state archaeologist is authorized to enter agreements and co-operative efforts with the United States commissioner of public roads, the United States departments of commerce, interior, agriculture and defense, and any other federal or state agencies concerned with archaeological salvage or the preservation of antiquities.

         Section History: Early Form

         [C62, 66, 71, 73, 75, 77, 79, 81, § 305A.3] 

         Section History: Recent Form

         C93, § 263B.3
        

263B.4 DEFINITIONS. As used in sections 263B.5 and 263B.6: 1. "Historical objects" means archaeological and paleontological objects, including all ruins, sites, buildings, artifacts, fossils, or other objects of antiquity that have state and national significance from an historical or scientific standpoint for the inspiration and benefit of the people of the United States. 2. "Salvage" means the salvage of historical objects. 3. "Appropriate authority" means the federal or state authorities concerned with the preservation and study of historical objects.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 305A.4] 

         Section History: Recent Form

         C93, § 263B.4
        

263B.5 STATE DEPARTMENT OF TRANSPORTATION CONTRACTS. 1. The state department of transportation in letting contracts for road construction shall take action to see that historical objects will not be needlessly destroyed or if such destruction cannot be avoided reasonable action shall be taken to obtain all information concerning such objects prior to destruction. If it should appear that the proposed construction will result in the destruction of historical objects and it is determined by the appropriate authority that such objects cannot be reasonably removed or otherwise preserved, consideration shall be given to possible alternate locations of the highway. 2. If during the course of construction, historical objects are encountered, the appropriate authority shall be notified immediately and steps taken to excavate and preserve the objects if practicable or if preservation is impracticable, to permit the appropriate authority to obtain and record data relative thereto. 3. Agreements may be entered into with the appropriate authority to pay from federal highway funds the reasonable cost of salvage work. Extra work orders may be issued to the contractor where necessary and extra work orders may be issued in cases within the meaning of "subsurface or lateral conditions" or "unknown physical conditions" where such terms are used in the standard contract forms. Payment for salvage work shall be limited to that performed within the roadway prism and any location designated as a source of material. If the contractor's operations are delayed because of salvage work such contractor shall be entitled to an appropriate extension of the contract time. If practicable, the operations shall be rescheduled to avoid the section where the historical material is, until the removal of it. 4. The cost of exploratory work prior to construction shall be borne by the appropriate authority. Costs of excavation of historical objects or recordation of data may be paid by the federal highway funds. Excavation costs may include costs of protecting and preservation during removal from the site but shall not include the expense of shipping historical objects from the site.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 305A.5] 

         Section History: Recent Form

         C93, § 263B.5
         Referred to in § 263B.4
        

263B.6 FEDERAL FUNDS. Where federal funds are available to the state under federal statutes providing for archaeological and paleontological salvage, they shall be collected and credited as provided in section 307.44.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 305A.6] 

         Section History: Recent Form

         C93, § 263B.6
         Referred to in § 263B.4
        

263B.7 ANCIENT REMAINS. The state archaeologist has the primary responsibility for investigating, preserving, and reinterring discoveries of ancient human remains. For the purposes of this section, ancient human remains are those remains found within the state which are more than one hundred fifty years old. The state archaeologist shall make arrangements for the services of a forensic osteologist in studying and interpreting ancient burials and may designate other qualified archaeologists to assist the state archaeologist in recovering physical and cultural information about the ancient burials. The state archaeologist shall file with the Iowa department of public health a written report containing both physical and cultural information regarding the remains at the conclusion of each investigation.

         Section History: Early Form

         [C77, 79, 81, § 305A.7] 

         Section History: Recent Form

         91 Acts, ch 97, §41
         C93, § 263B.7
        

263B.8 CEMETERY FOR ANCIENT REMAINS. The state archaeologist shall establish, with the approval of the executive council, a cemetery on existing state lands for the reburial of ancient human remains found in the state. The cemetery shall not be open to the public. The state archaeologist in cooperation with the department of natural resources shall be responsible for coordinating interment in the cemetery.

         Section History: Early Form

         [C77, 79, 81, § 305A.8] 

         Section History: Recent Form

         C93, § 263B.8
        

263B.9 AUTHORITY TO DENY PERMISSION TO DISINTER HUMAN REMAINS. The state archaeologist shall have the authority to deny permission to disinter human remains that the state archaeologist determines have state and national significance from an historical or scientific standpoint for the inspiration and benefit of the people of the United States.

         Section History: Early Form

         [C79, 81, § 305A.9] 

         Section History: Recent Form

         C93, § 263B.9
        

263B.10 CONFIDENTIALITY OF ARCHAEOLOGICAL LOCATIONS AND INFORMATION. The state archaeologist shall comply with the requirements of section 22.7, subsection 20, regarding information pertaining to the nature and location of archaeological resources or sites. The state archaeologist shall consult with other public officers serving as lawful custodians of archaeological information to determine whether the information should be confidential or be released.

         Section History: Recent Form

         86 Acts, ch 1228, § 2
         C87, § 305A.10
         C93, § 263B.10

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