Iowa Admin. Code [685] | Iowa Admin. Code — Archaeologist [685]

Chapter 1 Purpose of the Agency

Iowa Admin. Code r. 685—1.1 Mission

The office of state archaeologist, hereafter referred to as OSA, was organized in 1959 to provide for the location, recovery, restoration and preservation of archaeological materials for the state, and coordinate these activities with other state agencies. The OSA publishes both educational and scientific reports related to these duties and responsibilities.

1.1(1) In order to meet these statutory objectives under Iowa Code section 263B.2 and Acts of the Sixty-seventh General Assembly, Senate File 2200, sections 26 and 50, the OSA is defined as the primary state interagency service organization for archaeological survey, evaluation, and mitigation. In this capacity, the OSA is notified of projects that are funded or permitted by the state or that have the potential for adversely affecting archaeological sites.

1.1(2) In instances where an agency lacks an archaeological program, the OSA will contact appropriate institutions and professional archaeologists to determine their interest in participating in a state-funded project.

1.1(3) If an organization or individual other than the OSA agrees to conduct archaeological investigations, the OSA will establish a direct contact between the pertinent state agency and the institution or professional archaeologist. In such projects the OSA acts primarily to coordinate archaeological studies on state projects and ensures that such studies deemed necessary are completed.

1.1(4) The goal of utilizing the procedures in this rule, as they apply to the department of transportation and to any other state agency, is to ensure that neither the state nor any of its legal subdivisions is responsible for the needless destruction of historical objects. If such destruction occurs, or cannot be avoided, OSA will take proper reasonable action to obtain all possible information concerning such materials prior to destruction. However, OSA will not assume financial responsibility for intermediate- to large-scale actions involving the salvaging of archaeological information.

1.1(5) OSA performs other duties such as expansion and development of professional and public input into the operation of the office via communication with professional organizations, state and federal agencies and private societies.

1.1(6) OSA provides assistance to local and regional groups or individuals throughout the state in the areas of lectures, general assistance on public or private projects, curation of artifacts and offers programs of assistance to public schools.

1.1(7) OSA maintains an archaeological repository for the state and bears the related responsibility of development and maintenance of an archaeological documents collection related to material in the repository.

1.1(8) OSA may perform archaeological contract services for agencies utilizing federal, state, or private funding.

This rule is intended to implement Iowa Code sections 263B.2, 263B.6 and 263B.9.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Iowa Admin. Code r. 685—1.2 Divisions

OSA is divided into five divisions: General services, research, contract services, field services and publication.

1.2(1) The state archaeologist carries the overall responsibility of OSA and for all activities developed from or associated with OSA. The state archaeologist shall be the director of the office.

1.2(2) The associate director is responsible for administration of the office and maintenance of the state repository and documents collection, has functional supervision over the staff, acts in the absence of the director, and contributes to production of scientific reports and articles pursuant to Iowa Code section 263B.2 in coordination with the specific requests of the director and submission of reports and articles to the director according to a specific annual timetable developed by the director.

1.2(3) The research archaeologist has the responsibility, in part, for producing scientific reports and articles pursuant to Iowa Code section 263B.2 in coordination with the specific requests of the director and submitting reports and articles to the director according to a specific annual timetable developed by the director.

1.2(4) Contract archaeologists working on OSA projects are considered to be members of the OSA staff. They have the responsibility for meeting the terms of contracts in which they are engaged. Reports prepared for each project undertaken are subject to professional guidelines, federal statutes and the director’s approval.

1.2(5) Publication and field services are handled by the staff as assigned.

This rule is intended to implement Iowa Code sections 263B.2 and 263B.5.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Iowa Admin. Code r. 685—1.3 Further information

The general public may obtain information concerning the function and operation of OSA either in writing or by telephone to Director, OSA, 700 S. Clinton Street Building, The University of Iowa, Iowa City, Iowa 52242; (319)384-0751.

This rule is intended to implement Iowa Code section 17A.3.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10
Delayed 12/13/77—published 12/28/77; delay lifted 2/14/78—published 3/8/78

Chapter 5 Procedures with Other State and Federal Agencies Concerning the Recovery and Salvage of Historical Objects

Iowa Admin. Code r. 685—5.1 Assumed responsibility

Pursuant to Iowa Code chapter 263B, OSA assumes that any state agency has the responsibility of notifying OSA should any proposed action of said agency endanger or have the potential of endangering historical objects under its direct or indirect responsibility.

5.1(1) OSA is the appropriate authority for state and such federal agencies as are required by their agency rules to contact regarding actions such agencies may take that have the potential of affecting archaeological remains.

5.1(2) OSA, acting in its capacity as the state’s principal agent in the coordination of archaeological matters, shall be advised of such projects early in the planning process in order to facilitate the conduct of any exploratory or salvage work as may be necessary.

5.1(3) OSA is authorized to enter into agreements and cooperative efforts with federal or states agencies concerned with archaeological salvage or the preservation of antiquities.

This rule is intended to implement Iowa Code section 263B.3.

History

Delayed 12/13/77—published 12/28/77; delay lifted 2/14/78—published 3/8/78

Chapter 6 Publications of the Office of State Archaeologist

Iowa Admin. Code r. 685—6.1 Publications

6.1(1) OSA publishes the following publications on a regular basis: Research Papers, Reports and Contract Completion Reports. Educational Leaflets and OSA News are published periodically.

6.1(2) Reserved.

Iowa Admin. Code r. 685—6.2 Procedures

The following procedures and guidelines for submittal of manuscripts for each publication of OSA are defined below.

6.2(1) The following rules apply for submission and publication of manuscripts to the Reports series.

a. Any individual or organization may submit manuscripts for review. Sample agreement forms are available on request.

b. The editor is a staff member of OSA and is appointed by the director.

c. In addition, the director may appoint an editorial committee to review submitted manuscripts. Selections for the Reports series are made by the editor in concurrence with the director and the editorial committee.

d. OSA prints at least one number of the Reports series annually if appropriate manuscripts and funding are available.

6.2(2) OSA publishes, on an irregular basis, a Research Papers series, that contain scientific reports relating to Iowa Code sections 263B.7 and 263B.8 concerning salvage and reburial of human remains. Other scientific reports produced by OSA may be published in this series.

6.2(3) OSA assists other archaeologists with the preparation and revision of guidelines for contract completion reports. The guidelines are reviewed by the archaeological profession and are utilized as uniform standards in the state.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Iowa Admin. Code r. 685—6.3 Publications of the Office of State Archaeologist

Rescinded by emergency rule filed 12/22/77 to become effective 3/1/78. Action taken to overcome Committee objection published in IAC Supplement 1/11/78.

History

Delayed 12/13/77—published 12/28/77; delay lifted 2/14/78—published 3/8/78

Chapter 7 State Archaeological Repository

Iowa Admin. Code r. 685—7.1 Definition

The state archaeological repository is a working collection of materials related to Iowa archaeology.

7.1(1) Qualified individuals (see definition at rule 685—14.2(263B)) shall have access to the collections upon request, providing that necessary staff is available. Users are requested to contact OSA in advance in order to facilitate scheduling.

7.1(2) Research involving the use of materials in the state archaeological repository by qualified individuals is encouraged by the OSA in recognition of the potential contribution of such scholarly activities.

7.1(3) The teaching collection is the artifact collection in the repository developed by OSA to be used for instructional or display purposes. These materials will be loaned upon written request to individuals or institutions. The requester should state in a letter the nature of the project and the time the materials will be needed. Loans do not exceed one calendar year, unless other arrangements are made. Any materials not returned or damaged will result in appropriate charges for replacement or repair.

7.1(4) OSA accepts donations of artifacts or artifact collections in accordance with the fee schedule published on the OSA Web site (also available in printed form by written request) provided that explanatory materials, such as site sheets, site records and all pertinent locational information, accompany collections. Donated specimens are required to be washed and reasonably identified. OSA will not determine the monetary value of artifacts.

7.1(5) OSA is the agent to decide which category donations fall into and which are accepted or rejected. OSA serves a similar function for any other state agency wishing to donate artifacts or information on sites. Donations will be accepted given the following categories listed in order of decreasing priority.

a. In-state new site.

b. In-state previously reported site, new collections.

c. Out of state-midwest or assemblages directly relevant to Iowa archaeology.

d. North America-general.

e. Mesoamerica-general.

f. South America-general.

g. Old World-general.

Where applicable, specimens must be accompanied by documentation of their legal acquisition and exportation from the state or county of origin.

This rule is intended to implement Iowa Code section 263B.2.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10
Delayed 12/13/77—published 12/28/77; delay lifted 2/14/78—published 3/8/78

Chapter 8 Archaeological Document Collection

Iowa Admin. Code r. 685—8.1 Definition

The archaeological document collection is part of the repository. It contains records of this agency, supporting notes and written information pertaining to the artifact collections in the repository as well as research materials on Iowa prehistory which are utilized on a regular basis by members of the staff. The archaeological document collection is a working collection.

8.1(1) Qualified individuals (see definition at rule 685—14.2(263B)) shall have access to the collections upon request, providing that necessary staff is available. Users are requested to contact OSA in advance in order to facilitate scheduling.

8.1(2) Donations of materials are accepted in accordance with the fee schedule published on the OSA Web site (also available in printed form by written request) in the following priority:

a. Iowa archaeology.

b. Midwest archaeology.

c. North American archaeology.

d. Midwest and Plains ethnography.

e. North American ethnology.

This rule is intended to implement Iowa Code section 263B.2.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10
Delayed 12/13/77—published 12/28/77; delay lifted 2/14/78—published 3/8/78

Chapter 9 Field Services

Iowa Admin. Code r. 685—9.1 Objective

OSA continues to expand and develop programs for the public. This is achieved by providing assistance to local and regional groups or individuals throughout the state in the areas of lectures, general assistance on public and private projects as they relate to this agency’s mission, curation of artifacts and programs of assistance for public schools. In all cases, requests are granted if appropriate resources are available.

9.1(1) Requests for these services are made in writing and are considered in the order in which they are received.

9.1(2) Trips in a specific area of the state may be delayed until additional appointments in the area can be arranged.

This rule is intended to implement Iowa Code section 263B.2.

History

Delayed 12/13/77—published 12/28/77; delay lifted 2/14/78—published 3/8/78

Chapter 10 Liaison with the Department of Anthropology

Iowa Admin. Code r. 685—10.1 Definition

By statute the state board of regents shall appoint a state archaeologist, who shall be a member of the department of anthropology of the State University of Iowa. Midwestern archaeological programs of the department of anthropology and the OSA are coordinated through the cooperative efforts of the state archaeologist and the faculty of the department of anthropology. Such programs include, but are not limited to, field, laboratory, and research projects. As a faculty member, the state archaeologist is also involved in routine interaction with the anthropology faculty on departmental business.

10.1(1) In order to facilitate cooperative efforts with the department of anthropology, professors and students under their sponsorship will be granted as free, direct and complete access to the repository and documents collection as OSA staff time will permit. Research projects involving tests which will modify or physically damage specimens in the repository must be cleared with the director.

10.1(2) OSA staff will cooperate fully with researchers, aiding with the location of materials needed. Work areas will be provided for reasonable lengths of time. All publications or reports resulting in full or in part from the use of OSA collections and facilities shall include an appropriate acknowledgment. One print and one electronic copy of all such publications or reports shall be sent to OSA for inclusion in the documents collection.

This rule is intended to implement Iowa Code section 263B.1.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Chapter 11 Ancient Human Skeletal Remains

Iowa Admin. Code r. 685—11.1 Procedures

OSA is the appropriate agency to contact regarding the discovery of human physical remains or suspected human physical remains believed to be over 150 years in age. OSA should be notified of the location of areas believed to represent ancient burial grounds. The director has the authority to deny permission to disinter human physical remains from aboriginal ossuaries, grave sites, cemeteries or any other archaeological deposit determined to have state and national significance from the standpoint of history or science.

11.1(1) A site will be judged significant if it has been demonstrated by archaeological investigation, including but not limited to excavation and analysis appropriate to the context, that it possesses one or more of the qualities listed below:

a. Substantial information bearing on the biology of past populations.

b. Substantial information bearing on the technology, society or ideology of past populations.

c. Potential for public interpretation of past lifeways.

11.1(2) The basis for the determination of significance shall be specified in the written report filed with the public health department.

11.1(3) If a site is determined to be significant by these rules and is designated by the director to be preserved, any human physical remains recovered during testing may be reinterred at the original burial site rather than at one of the designated state cemeteries. Sites that are judged not to be significant will be salvaged by OSA or its designated representative to the degree permitted by available funding and staff. In such cases, materials recovered will be the subject of a written report and the human remains will be reburied in one of the designated state cemeteries.

11.1(4) The OSA shall maintain records of all known or suspected ancient burial sites in the state. The OSA has the authority to coordinate activities pertaining to ancient burial grounds in order to foster their protection and preservation.

11.1(5) The OSA will not assume financial responsibility for intermediate- to large-scale actions involving the removal of human physical remains from private lands. The OSA must participate, however, in the authorization and coordination of any such action on federal, state, county, municipal or private lands.

11.1(6) OSA will assist with the ongoing identification of ancient cemetery areas to the degree permitted by available funding and staff. OSA will coordinate such actions with appropriate federal, state, county, municipal or private concerns.

11.1(7) The director shall maintain an informal advisory committee composed of osteologists, anthropologists, state agency officials, the lay public, and a minimum of two Native Americans residing in Iowa to consult on matters dealing with ancient human skeletal remains. Individuals appointed will serve on a voluntary basis. Certain travel expenses, authorized by the director in advance, will be paid by the OSA.

This rule is intended to implement Iowa Code sections 263B.7, 263B.8 and 263B.9.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Chapter 12 Iowa Archaeological Site File

Iowa Admin. Code r. 685—12.1 Definition

Pursuant to the statutory responsibilities of locating and recovering archaeological and paleontological remains, OSA maintains the Iowa Archaeological Site File in digital and paper formats. OSA is the appropriate agency for the public or other agencies to contact to report sites or to receive information concerning known sites in the inventory. OSA assigns all official site numbers following written guidelines which are available from OSA upon request.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Iowa Admin. Code r. 685—12.2 The Iowa Archaeological Site File

12.2(1) The official site numbers used in the Iowa Archaeological Site File conform to the Smithsonian trinomial system which incorporates state and county designations coded with sequentially numbered sites within each county.

12.2(2) Numbers are assigned on an individual basis as needed. Individuals, firms, and agencies that are assigned site numbers must submit site data for the assigned numbers within six months of the date assigned.

12.2(3) If an individual, firm, or agency fails to submit site data within the period allowed, the numbers may be renewed or revoked depending upon the circumstances. OSA may revoke site number assignment privileges to any individual, firm, or agency that consistently fails to submit data for its assigned site numbers.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Iowa Admin. Code r. 685—12.3 Iowa site database

Specific locational and descriptive information on each reported site is recorded in the Iowa Archaeological Site File database in a data format developed by OSA. The electronically digitized, mapped location of each reported site is part of the Iowa Archaeological Site File database. Information explaining the process of reporting site information is available from OSA upon request.

12.3(1) OSA shall develop and maintain a system for Internet access to the Iowa Archaeological Site File database. Information about access to the system is available from OSA on request.

12.3(2) The Internet system is updated on a regular basis as new site information is added to the Iowa Archaeological Site File.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Chapter 14 Confidentiality of Archaeological Site Information

Iowa Admin. Code r. 685—14.1 Objective

Pursuant to Iowa Code section 263B.10, specific locational information on archaeological resources and sites is confidential unless approved for disclosure. This is intended to provide such resources and sites protection from unreasonable risk of damage or loss. The state archaeologist is the appropriate authority to approve disclosure of information on the location of archaeological resources and sites.

Iowa Admin. Code r. 685—14.2 Definition

“Qualified archaeologist” means an individual who has:

A graduate degree in archaeology, anthropology, or a closely related field of equivalent specialized training in archaeological research, administration, or management,
At least one year of full-time professional experience,
At least four months of supervised field and analytic experience in general North American archaeology, and
A demonstrated ability to carry research to completion.

Iowa Admin. Code r. 685—14.3 Iowa Archaeological Site File

14.3(1) Upon request, OSA will make the Iowa Archaeological Site File including site location maps available to the following individuals for inspection and copying:

a. Members of the Association of Iowa Archaeologists;

b. Members of the Register of Professional Archaeologists;

c. Qualified archaeologists;

d. OSA staff;

e. Students or researchers under the supervision of a person meeting any of the above criteria;

f. Amateur archaeologists, at the discretion of the state archaeologist;

g. Other persons if OSA determines that disclosure will not result in unreasonable risk of damage to or loss of the resource or site.

14.3(2) OSA maintains a log of all non-OSA staff users of the Iowa Archaeological Site File and associated site location maps. The log includes the name and address of each user and the date of use.

14.3(3) One copy of any report or publication utilizing information obtained from the Iowa Archaeological Site File shall be sent to OSA for inclusion in the documents collection.

14.3(4) Notwithstanding any of the preceding provisions, the state archaeologist retains authority to deny access of any individual to the Iowa Archaeological Site File including site location maps, in accordance with Iowa Code section 22.7(20), if release of the information will result in unreasonable risk of damage to or loss of archaeological resources. An appeal committee consisting of three members of OSA advisory committee shall review contested cases and make recommendations to the university of Iowa vice president for research.

14.3(5) The state archaeologist may enter into cooperative agreements with the state historical society and other agencies in order to make available access to the Iowa Archaeological Site File for planning purposes.

14.3(6) Documents containing information on the specific location of any archaeological resource or site shall be considered an extension of the Iowa Archaeological Site File and shall be treated in similar fashion. Such documents include those archived at OSA or released by OSA to agencies or individuals.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Iowa Admin. Code r. 685—14.4 Policy on copying charges

Anyone making a request for reproduction from the Iowa Archaeological Site File and OSA documents including electronic records will be charged for services.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10

Chapter 15 Public Records and Fair Information Practices

Iowa Admin. Code r. 685—15.1 Definitions

As used in this chapter:

“Agency” means the office of state archaeologist (OSA).

“Confidential record” means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contained in records that the agency is prohibited by law from making available for examination by members of the public and records or information contained in records that are specified as confidential by Iowa Code section 22.7, Iowa Code section 263B.10, or other provision of law, but that may be disclosed upon order of a court, the lawful custodian of the record, or by another person duly authorized to release the record.

“Custodian” means the state archaeologist or a person lawfully delegated authority by the state archaeologist to act for the agency in implementing Iowa Code chapter 22.

“Open record” means a record other than a confidential record.

“Personally identifiable information” means information about or pertaining to an individual in a record which identifies the individual and which is contained in a record system.

“Record” means the whole or a part of a “public record” as defined in Iowa Code section 22.1.

“Record system” means any group of records under the control of the agency from which a record may be retrieved by a personal identifier such as the name of an individual, number, symbol, or other unique retriever assigned to an individual.

History

ARC 9025B, IAB 8/25/10, effective 9/29/10