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ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

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Arizona Antiquities Act Permit - Continued<br />

Arizona Mining Permitting Guide<br />

Consultants currently holding the Arizona Antiquities Act permit are listed on the ASM’s<br />

cultural resources web page at the following address:<br />

http://www.statemuseum.arizona.edu/crservices/permits/index.html<br />

If, after reviewing the results of the field survey, the ASLD determines that the inspection<br />

adequately covered all the land potentially affected by the proposed activity and that no<br />

cultural resources were found, the ASLD may authorize the activity while sending a copy of<br />

the survey report to the SHPO. However, if the report indicates that cultural resources are<br />

present, the ASLD is obligated to inform the SHPO of how the ASLD intends to manage the<br />

resources, and to allow the SHPO an opportunity to review and comment on the ASLD’s<br />

management strategy before authorizing the activity. The ASLD’s cultural resource<br />

management recommendations may propose various kinds of treatment measures, including<br />

avoidance, monitoring, data recovery (“mitigation”) or combinations thereof, depending on<br />

the circumstances. Development and implementation of these various treatment options<br />

typically requires further consultation between the ASLD and the SHPO before the ASLD<br />

authorizes the proposed activity.<br />

If the proposed activity on State Trust Land will require a federal license or permit, such as a<br />

Section 404 permit pursuant to the Clean Water Act, the federal agency with authority to<br />

grant the permit may be required under the National Historic Preservation Act (NHPA) to<br />

consult with the SHPO before granting the permit. In such instances, the federal agency<br />

typically requires the permit applicant to provide any cultural resource studies that may be<br />

needed to complete NHPA consultation.<br />

Under A.R.S. § 41-844, if archaeological remains or paleontological remains, human remains,<br />

or funerary objects are discovered on State Trust Land after the proposed actions have begun,<br />

the operator is required to halt work in the area of the discovery, take steps to protect the<br />

remains or objects, and notify the director of the Arizona State Museum.<br />

FEES:<br />

The ASM charges fees for conducting archaeological records searches intended to identify<br />

cultural resources that may be affected by the proposed activity and charges fees for records<br />

management and collections repository agreements. These costs are typically passed on to the<br />

applicant. For further information concerning these costs, contact the ASM at 520 621-6281.<br />

As noted above, the applicant, permittee, or lessee will be required to pay for the cultural<br />

resource survey and all necessary treatment measures.<br />

AVERAGE PROCESSING TIME:<br />

The amount of time it takes for the ASLD, ASM, and SHPO to review proposed grounddisturbing<br />

uses of State Trust Land for compliance with applicable statutes varies widely,<br />

depending on the results of the records review, field surveys, and management<br />

recommendations. In general, however, after the ASLD has initiated consultation with the<br />

ASM regarding the need for a field inspection, the ASM typically returns a<br />

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