"It was not really considered a new discovery, and it's also on private land, so our state Native American Grave Protection and Repatriation Act doesn't go into effect."

During any major excavation downtown, there is "always the possibility they will run into remains," Jones said.

Before Mormon pioneers arrived in the Salt Lake Valley, "this whole area of downtown Salt Lake City, including where the temple grounds are, was in the flood plain of City Creek," making it attractive for settlement.

Earlier excavations down-

town in the blocks adjacent to Temple Square have revealed the remains of a Fremont Indian village along with evidence that other American Indians also inhabited the area. "It's one of the richest archaeological areas in the state, had we not built a city on top and churned it up and destroyed it.

"There were probably more people here prehistorically in the Salt Lake Valley than anywhere in the state. That's the reason the pioneers chose it — good water, rich agricultural land and good mountain access."

Any excavation crew that comes across human remains has a "responsibility to stop construction and notify authorities," in compliance with state and federal statute, Jones said, adding that if the remains are believed to be archaeological, crews should notify his office. "If it's in the way of construction and can't be saved, we can help figure out a way to remove the remains and consult with Native Americans about repatriation."

The church's statement on Tuesday said the rediscovered vault has been left at its original site, adding, "We will continue to do everything that can be done to see that the remains are treated with proper reverence and respect."

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E-mail: carrie@desnews.com