For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCHAEOLOGICAL RESOURCE. Any material remains of human life or activities which are at least 100 years of age, and which are of archaeological interest.
(1) OF ARCHAEOLOGICAL INTEREST means capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques such as controlled observation, contextual measurement, controlled collection, analysis, interpretation, and explanation.
(2) MATERIAL REMAINS means physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated.
(3) The following classes of material remains (and illustrative examples), if they are at least 100 years of age, are of archaeological interest and shall be considered ARCHAEOLOGICAL RESOURCES unless determined otherwise pursuant to divisions (4) or (5) below:
(a) Surface or subsurface structures, shelters, facilities, or features (including, but not limited to, domestic structures, storage structures, cooking structures, ceremonial structures, artificial mounds, earthworks, fortifications, canals, reservoirs, horticultural/agricultural gardens or fields, bedrock mortars or grinding surfaces, rock alignments, cairns, trails, borrow pits, cooking pits, refuse pits, burial pits or graves, hearths, kilns, post molds, wall trenches, and middens);
(b) Surface or subsurface artifact concentrations or scatters;
(c) Whole or fragmentary tools, implements, containers, weapons and weapon projectiles, clothing, and ornaments (including, but not limited to, pottery and other ceramics, cordage, basketry and other weaving, bottles and other glassware, bone, ivory, shell, metal, wood, hide, feathers, pigments, and flaked, ground, or pecked stone);
(d) By-products, waste products, or debris resulting from manufacture or use of human-made or natural materials;
(e) Organic waste (including, but not limited to, vegetable and animal remains, coprolites);
(f) Human remains (including, but not limited to, bone, teeth, mummified flesh, burials, and cremations);
(g) Rock carvings, rock paintings, intaglios, and other works of artistic or symbolic representation;
(h) Rock shelters and caves or portions thereof containing any of the above material remains; and
(i) Any portion or piece of any of the foregoing.
(4) The following material remains shall not be considered of archaeological interest, and shall not be considered to be ARCHAEOLOGICAL RESOURCES for purposes of the Act and this part, unless found in a direct physical relationship with archaeological resources as defined in this section:
(a) Paleontological remains; and
(b) Coins, bullets, and unworked minerals and rocks.
(5) The Commission may determine that certain material remains, in specified areas of the county, and under specified circumstances, are not or are no longer of cultural interest and are not to be considered cultural resources under this chapter. Any determination made pursuant to this division (5) shall be documented. Such determination shall in no way affect the land manager’s/person’s obligations under other applicable laws or regulations.
ARROWHEAD. Any projectile point which appears to have been designed for use with an arrow.
CULTURAL RESOURCE. Includes, but is not limited to, any object, building, structure, site, area, place, activity, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural development of Garfield County.
INDIAN LAND. Lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for subsurface interests not owned or controlled by an Indian tribe or Indian individual.
INDIAN TRIBE. As defined in the Act includes:
(1) Any Indian tribe, band, nation, other organized group, or community which is included in the annual list of recognized tribes published in the Federal Register by the Secretary of the Interior pursuant to 25 C.F.R. part 54; and
(2) Any other tribal entity acknowledged by the Secretary of the Interior pursuant to 25 C.F.R. part 54 since the most recent publication of the annual list.
LAND MANAGER. Includes:
(1) With respect to any public lands, the secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands, including persons to whom such management authority has been officially delegated;
(2) In the case of Indian lands, or any public lands with respect to which no department, agency, or instrumentality has primary management authority, such term means the Secretary of the Interior; and
(3) The Secretary of the Interior, when the head of any other agency or instrumentality has, pursuant to § 3(2) of the Act and with the consent of the Secretary of the Interior, delegated to the Secretary of the Interior the responsibilities (in whole or in part) in this chapter.
OUTSTANDINGLY REMARKABLE/RELEVANT-IMPORTANT. Includes rare, unique, or regionally exemplary. Federal regulation is largely silent on definitions for OUTSTANDINGLY REMARKABLE/RELEVANT-IMPORTANT values. Minimum standards apply for cultural resources in Garfield County as described in specific sections of this chapter.
PUBLIC LAND. Includes:
(1) Lands which are owned and administered by the United States as part of the National Park system, the National Wildlife Refuge system, or the National Forest system; and
(2) All other lands the fee title to which is held by the United States, except Indian lands.
PERSON. An individual, corporation, partnership, trust, institution, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the United States, or of any Indian tribe, or of any state or political subdivision thereof.
REGION OF COMPARISON. Geographical areas comprised of the State of Utah, the Colorado Plateau, the Four Corners Area, and the traditional lands of the Anasazi, Paiute, and Navajo tribes.
SITE OF RELIGIOUS OR CULTURAL IMPORTANCE. A location which has traditionally been considered important because of a religious event which happened there; because it contains specific natural products which are of religious or cultural importance; because it is believed to the be dwelling place of, the embodiment of, or a place conducive to communication with spiritual beings; because it contains elements of life-cycle rituals, such as burials and associated materials; or because it has other specific and continuing significance in county religion or culture.
(Ord. 2013-1, passed 7-8-2013)