Section 312IAC21-2-1. Application

   (a) This article establishes standards applicable to archaeological investigations conducted to meet state and federal historic preservation compliance requirements.

  (b) A person must satisfy this article where:

(1) an archaeological investigation is required; and

(2) 36 CFR 800 and 48 FR 44716 through 48 FR 44742 (Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation) are not suitable guidelines for the exercise of authority by the department.

  (c) A person must either satisfy this article or federal standards established at 16 U.S.C. 470, et seq. and 48 FR 44716 through 48 FR 44742 if an archaeological investigation is required but the requirement does not specify the standard for compliance.

  (d) This article does not apply where 16 U.S.C. 470, et seq. and 36 CFR 800 and 48 FR 44716 must be satisfied. (Natural Resources Commission; 312 IAC 21-2-1; filed Jun 8, 2001, 12:30 p.m.: 24 IR 3017; readopted filed Jul 19, 2007, 12:28 p.m.: 20070808-IR-312070184RFA; readopted filed Sep 19, 2013, 10:16 a.m.: 20131016-IR-312130184RFA)