CHAPTER 70.
Indian Antiquities, Archaeological Resources
and Unmarked Human Skeletal Remains
Protection.
ARTICLE 1.
Indian Antiquities.
§70-1. Private landowners urged to refrain from
destruction.
Private owners of lands containing Indian relics, artifacts,
mounds or burial grounds are urged to refrain from the excavation
or destruction thereof and to forbid such conduct by others,
without the cooperation of the director of the State Museum and
the Secretary of the Department of Cultural Resources or without
the assistance or supervision of some person designated by either
as qualified to make scientific archaeological explorations.
(1935, c. 198, s. 1; 1973, c. 476, s. 48.)
§70-2. Possessors of relics urged to commit them to custody of
State agencies.
All persons having in their possession collections of Indian
relics, artifacts, and antiquities which are in danger of being
lost, destroyed or scattered are urged to commit them to the
custody of the North Carolina State Museum, the Department of
Cultural Resources, or some other public agency or institution
within the State which is qualified to preserve and exhibit them
for their historic, scientific and educational value to the
people of the State. (1935, c. 198, s. 2; 1973, c. 476, s. 48.)
§70-3. Preservation of relics on public lands.
It shall be the duty of any person in charge of any
construction or excavation on any lands owned by the State, by
any public agency or institution, by any county, or by any
municipal corporation, to report promptly to and preserve for the
director of the State Museum or the Secretary of the Department
of Cultural Resources any Indian relic, artifact, mound, or
burial ground discovered in the course of such construction or
excavation. (1935, c. 198, s. 3; 1973, c. 476, s. 48.)
§ 70-4. Destruction or sale of relic from
public lands made misdemeanor.
Any person who shall excavate, disturb, remove, destroy or
sell any Indian relic or artifact, or any of the contents of any
mound or burial ground, on or from any lands owned by the State,
by any public agency or institution, by any county, or by any
municipal corporation, except with the written approval of the
director of the State Museum or the Secretary of the Department
of Cultural Resources, shall be guilty of a Class 1 misdemeanor.
(1935, c. 198, s. 4; 1973, c. 476, s. 48; 1993, c. 539, s. 542;
1994, Ex. Sess., c. 24, s. 14(c).)
§§70-5 to 70-9. Reserved for future codification purposes.
ARTICLE 2.
Archaeological Resources Protection Act.
§70-10. Short title.
This Article shall be known as "The Archaeological Resources
Protection Act." (1981, c. 904, s. 2.)
§70-11. Findings and purpose.
(a) The General Assembly finds that:
(1) Archaeological resources on State lands are an
accessible and irreplaceable part of the State's heritage;
(2) These resources are increasingly endangered because of
their commercial attractiveness;
(3) Existing State laws do not provide adequate protection
to prevent the loss and destruction of these archaeological
resources and sites resulting from uncontrolled excavations and
pillage; and
(4) There is a wealth of archaeological information which
has been legally obtained by private individuals for
noncommercial purposes and which could voluntarily be made
available to professional archaeologists and institutions.
(b) The purpose of this Article is to secure, for the
present and future benefit of the people of North Carolina, the
protection of archaeological resources and sites which are on
State lands, excluding highway right-of-ways, and to foster
increased cooperation and exchange of information among
governmental authorities, the professional archaeological
community, Indian Tribal governmental authorities and private
individuals having collections of archaeological resources and
data. (1981, c. 904, s. 2.)
§70-12. Definitions.
As used in this Article, unless the context clearly
indicates otherwise:
(1) "Archaeological investigation" means any surface
collection, subsurface tests, excavation, or other activity that
results in the disturbance or removal of archaeological
resources.
(2) "Archaeological resource" means any material remains of
past human life or activities which are at least 50 years old and
which are of archaeological interest, including pieces of
pottery, basketry, bottles, weapons, weapon projectiles, tools,
structures or portions of structures, rock paintings, rock
carvings, intaglios, graves or human skeletal materials.
Paleontological specimens are not to be considered archaeological
resources unless found in an archaeological context.
(3) "State lands" means any lands owned, occupied, or
controlled by the State of North Carolina, with the exception of
those lands under short term lease solely for archaeological
purposes, excluding highway right-of-ways. (1981, c. 904, s. 2.)
§ 70-13. Archaeological investigations.
(a) Any person may apply to the Department of Cultural
Resources for a permit to conduct archaeological investigations
on State lands. The application shall contain information the
Department of Cultural Resources, in consultation with the
Department of Administration, deems necessary, including the
time, scope, location and specific purpose of the proposed work.
(b) A permit shall be issued pursuant to an application
under subsection (a) of this section if, after any notifications
and consultations required by subsection (d) of this section, the
Department of Cultural Resources, in consultation with the
Department of Administration, finds that:
(1) The applicant is qualified to carry out the
permitted activity;
(2) The proposed activity is undertaken for the
purpose of furthering archaeological knowledge in the public
interest;
(3) The currently available technology and the
technology the applicant proposes to use are such that the
significant information contained in the archaeological resource
can be retrieved;
(4) The funds and the time the applicant proposes
to commit are such that the significant information contained in
the archaeological resources can be retrieved;
(5) The archaeological resources which are
collected, excavated or removed from State lands and associated
records and data will remain the property of the State of North
Carolina and the resources and copies of associated
archaeological records and data will be preserved by a suitable
university, museum, or other scientific or educational
institution;
(6) The activity pursuant to the permit is not
inconsistent with any management plan applicable to the State
lands concerned; and
(7) The applicant shall bear the financial
responsibility for the reinterment of any human burials or human
skeletal remains excavated or removed as a result of the
permitted activities.
(c) A permit may contain any terms, conditions or
limitations the Department of Cultural Resources, in consultation
with the Department of Administration, deems necessary to achieve
the intent of this Article. A permit shall identify the person
responsible for carrying out the archaeological investigation.
(d) If a permit issued under G.S. 70-13(a) may result in
harm to, or destruction of, any religious or cultural site, as
determined by the Department of Cultural Resources, in
consultation with the Department of Administration, before
issuing such permit, the Department of Cultural Resources, in
consultation with the Department of Administration, shall notify
and consult with, insofar as possible, a local representative of
an appropriate religious or cultural group. If the religious or
cultural site pertains to Native Americans, the Department of
Cultural Resources, in consultation with the Department of
Administration, shall notify the Executive Director of the North
Carolina Commission of Indian Affairs. The Executive Director of
the North Carolina Commission of Indian Affairs shall notify and
consult with the Eastern Band of Cherokee or other appropriate
tribal group or community. Such notification shall include, but
not be limited to, the following:
(1) The location and schedule of the forthcoming
investigation;
(2) Background data concerning the nature of the
study; and
(3) The purpose of the investigation and the
expected results.
(e) A permit issued under G.S. 70-13 may be suspended by the
Department of Cultural Resources, in consultation with the
Department of Administration, upon the determination that the
permit holder has violated any provision of G.S. 70-15(a) or G.S.
70-15(b). A permit may be revoked by the Department of Cultural
Resources, in consultation with the Department of Administration,
upon assessment of a civil penalty under G.S. 70-16 against the
permit holder or upon the permit holder's conviction under G.S.
70-15. (1981, c. 904, s. 2; 1991, c. 461, s. 1.)
§70-14. Rule-making authority; custody of resources.
The North Carolina Historical Commission, in consultation
with the Department of Administration, may promulgate regulations
to implement the provisions of this Article and to provide for
the exchange, where appropriate, between suitable universities,
museums, or other scientific or educational institutions, of
archaeological resources removed from State lands pursuant to
this Article, and the ultimate disposition of those resources.
(1981, c. 904, s. 2.)
§70-15. Prohibited acts and criminal penalties.
(a) No person may excavate, remove, damage or otherwise
alter or deface any archaeological resource located on State
lands unless he is acting pursuant to a permit issued under G.S.
70-13.
(b) No person may sell, purchase, exchange, transport,
receive, or offer to sell, purchase, exchange, transport or
receive any archaeological resource excavated or removed from
State lands in violation of the prohibition contained in G.S.
70-15(a).
(c) Any person who knowingly and willfully violates or
employs any other person to violate any prohibition contained in
G.S. 70-15(a) or G.S. 70-15(b) shall upon conviction, be fined
not more than two thousand dollars ($2,000) or imprisoned not
more than six months, or both, in the discretion of the court.
(d) Each day on which a violation occurs shall be a separate
and distinct offense. (1981, c. 904, s. 2.)
§ 70-16. Civil penalties.
A civil penalty of not more than five thousand dollars
($5,000) may be assessed by the Department of Administration, in
consultation with the Department of Cultural Resources, against
any person who violates the provisions of G.S. 70-15. In
determining the amount of the penalty, the Department shall
consider the extent of the harm caused by the violation and the
cost of rectifying the damage. Any person assessed shall be
notified of the assessment by registered or certified mail. The
notice shall specify the reasons for the assessment. If the
person assessed fails to pay the amount of the assessment to the
Department within 30 days after receipt of notice, the Department
may institute a civil action in the Superior Court of Wake County
to recover the amount of the assessment.
The Department may use the assessed funds to rectify the
damage to archaeological resources. The clear proceeds of all
assessed funds not used to rectify the damage shall be remitted
to the Civil Penalty and Forfeiture Fund in accordance with G.S.
115C-457.2. (1981, c. 904, s. 2; 1987, c. 827, s. 215; 1998-215,
s. 2.)
§70-17. Forfeiture.
All archaeological resources with respect to which a
violation of G.S. 70-15(a) or 70-15(b) occurred, and all vehicles
and equipment which were used in connection with such violation
shall be subject to forfeiture to the State of North Carolina in
the same manner as vehicles and equipment subject to forfeiture
under G.S. 90- 112. (1981, c. 904, s. 2.)
§70-18. Confidentiality.
Information concerning the nature and location of any
archaeological resource, regardless of the ownership of the
property, may be made available to the public under Chapter 132
of the North Carolina General Statutes or under any other
provision of law unless the Department of Cultural Resources
determines that the disclosures would create a risk of harm to
such resources or to the site at which such resources are
located. (1981, c. 904, s. 2.)
§70-19. Cooperation with private individuals.
The Department of Cultural Resources shall take any action
necessary, consistent with the purposes of this Article, to
foster and improve the communication, cooperation, and exchange
of information between:
(1) Private individuals having collections of archaeological
resources and data which were obtained through legal means, and
(2) Professional archaeologists and associations of
professional archaeologists concerned with the archaeological
resources of North Carolina and of the United States. (1981, c.
904, s. 2.)
§70-20. Delegation of responsibilities.
If the Department of Administration and the Department of
Cultural Resources agree, the responsibilities, in whole or in
part, of the Department of Cultural Resources under this Article
may be delegated through a memorandum of understanding to the
Department of Administration. Such a memorandum of understanding
will be subject to periodic review at the initiation of either
party to the memorandum. (1981, c. 904, s. 2.)
§§70-21 to 70-25. Reserved for future codification
purposes.
ARTICLE 3.
Unmarked Human Burial and Human Skeletal
Remains Protection Act.
§70-26. Short title.
This Article shall be known as "The Unmarked Human Burial
and Human Skeletal Remains Protection Act." (1981, c. 853, s. 2.)
§70-27. Findings and purpose.
(a) The General Assembly finds that:
(1) Unmarked human burials and human skeletal remains are
subject to vandalism and inadvertent destruction at an ever-
increasing rate;
(2) Existing State laws do not provide adequate protection
to prevent damage to and destruction of these remains;
(3) There is a great deal of scientific information to be
gained from the proper excavation, study and analysis of human
skeletal remains recovered from such burials; and
(4) There has been no procedure for descendants or other
interested individuals to make known their concerns regarding
disposition of these remains.
(b) The purpose of this Article is (i) to provide adequate
protection from vandalism for unmarked human burials and human
skeletal remains, (ii) to provide adequate protection for
unmarked human burials and human skeletal remains not within the
jurisdiction of the medical examiner pursuant to G.S. 130-198
that are encountered during archaeological excavation,
construction, or other ground disturbing activities, found
anywhere within the State except on federal land, and (iii) to
provide for adequate skeletal analysis of remains removed or
excavated from unmarked human burials if the analysis would
result in valuable scientific information. (1981, c. 853, s. 2.)
§70-28. Definitions.
As used in this Article:
(1) "Chief Archaeologist" means the Chief Archaeologist,
Archaeology Branch, Archaeology and Historic Preservation
Section, Division of Archives and History, Department of Cultural
Resources.
(2) "Executive Director" means the Executive Director of the
North Carolina Commission of Indian Affairs.
(3) "Human skeletal remains" or "remains" means any part of
the body of a deceased human being in any stage of decomposition.
(4) "Professional archaeologist" means a person having (i) a
postgraduate degree in archaeology, anthropology, history, or
another related field with a specialization in archaeology, (ii)
a minimum of one year's experience in conducting basic
archaeological field research, including the excavation and
removal of human skeletal remains, and (iii) designed and
executed an archaeological study and presented the written
results and interpretations of such study.
(5) "Skeletal analyst" means any person having (i) a
postgraduate degree in a field involving the study of the human
skeleton such as skeletal biology, forensic osteology or other
relevant aspects of physical anthropology or medicine, (ii) a
minimum of one year's experience in conducting laboratory
reconstruction and analysis of skeletal remains, including the
differentiation of the physical characteristics denoting cultural
or biological affinity, and (iii) designed and executed a
skeletal analysis, and presented the written results and
interpretations of such analysis.
(6) "Unmarked human burial" means any interment of human
skeletal remains for which there exists no grave marker or any
other historical documentation providing information as to the
identity of the deceased. (1981, c. 853, s. 2.)
§ 70-29. Discovery of remains and notification
of authorities.
(a) Any person knowing or having reasonable grounds to
believe that unmarked human burials or human skeletal remains are
being disturbed, destroyed, defaced, mutilated, removed, or
exposed, shall notify immediately the medical examiner of the
county in which the remains are encountered.
(b) If the unmarked human burials or human skeletal remains
are encountered as a result of construction or agricultural
activities, disturbance of the remains shall cease immediately
and shall not resume without authorization from either the county
medical examiner or the Chief Archaeologist, under the provisions
of G.S. 70-30(c) or 70-30(d).
(c) (1) If the unmarked human burials or human
skeletal remains are encountered by a professional archaeologist,
as a result of survey or test excavations, the remains may be
excavated and other activities may resume after notification, by
telephone or registered letter, is provided to the Chief
Archaeologist. The treatment, analysis and disposition of the
remains shall come under the provisions of G.S. 70-34 and 70-35.
(2) If a professional archaeologist directing
long-term (research designed to continue for one or more field
seasons of four or more weeks' duration) systematic
archaeological research sponsored by any accredited college or
university in North Carolina, as a part of his research, recovers
Native American skeletal remains, he may be exempted from the
provisions of G.S. 70-30, 70-31, 70-32, 70-33, 70-34 and 70-35(c)
of this Article so long as he:
a. Notifies the Executive Director within five
working days of the initial discovery of Native American skeletal
remains;
b. Reports to the Executive Director, at
agreed upon intervals, the status of the project;
c. Curates the skeletal remains prior to
ultimate disposition; and
d. Conducts no destructive skeletal analysis
without the express permission of the Executive Director.
Upon completion of the project fieldwork, the
professional archaeologist, in consultation with the skeletal
analyst and the Executive Director, shall determine the schedule
for the completion of the skeletal analysis. In the event of a
disagreement, the time for completion of the skeletal analysis
shall not exceed four years. The Executive Director shall have
authority concerning the ultimate disposition of the Native
American skeletal remains after analysis is completed in
accordance with G.S. 70-35(a) and 70-36(b) and (c).
(d) The Chief Archaeologist shall notify the Chief, Medical
Examiner Section, Division of Health Services, Department of
Health and Human Services, of any reported human skeletal remains
discovered by a professional archaeologist. (1981, c. 853, s. 2;
1997-443, s. 11A.118(a).)
§70-30. Jurisdiction over remains.
(a) Subsequent to notification of the discovery of an
unmarked human burial or human skeletal remains, the medical
examiner of the county in which the remains were encountered
shall determine as soon as possible whether the remains are
subject to the provisions of G.S. 130-198.
(b) If the county medical examiner determines that the
remains are subject to the provisions of G.S. 130-198, he will
immediately proceed with his investigation.
(c) If the county medical examiner determines that the
remains are not subject to the provisions of G.S. 130-198, he
shall so notify the Chief Medical Examiner. The Chief Medical
Examiner shall notify the Chief Archaeologist of the discovery of
the human skeletal remains and the findings of the county medical
examiner. The Chief Archaeologist shall immediately take charge
of the remains.
(d) Subsequent to taking charge of the human skeletal
remains, the Chief Archaeologist shall have 48 hours to make
arrangements with the landowner for the protection or removal of
the unmarked human burial or human skeletal remains. The Chief
Archaeologist shall have no authority over the remains at the end
of the 48-hour period and may not prohibit the resumption of the
construction or agricultural activities without the permission of
the landowner. (1981, c. 853, s. 2.)
§70-31. Archaeological investigation of human skeletal
remains.
(a) If an agreement is reached with the landowner for the
excavation of the human skeletal remains, the Chief Archaeologist
shall either designate a member of his staff or authorize another
professional archaeologist to excavate or supervise the
excavation.
(b) The professional archaeologist excavating human skeletal
remains shall report to the Chief Archaeologist, either in
writing or by telephone, his opinion on the cultural and
biological characteristics of the remains. This report shall be
transmitted as soon as possible after the commencement of
excavation, but no later than two full business days after the
removal of a burial.
(c) The Chief Archaeologist, in consultation with the
professional archaeologist excavating the remains, shall
determine where the remains shall be held subsequent to
excavation, pending other arrangements according to G.S. 70-32 or
70-33.
(d) The Department of Cultural Resources may obtain
administrative inspection warrants pursuant to the provisions of
Chapter 15, Article 4A of the General Statutes to enforce the
provisions of this Article, provided that prior to the requesting
of the administrative warrant, the Department shall contact the
affected landowners and request their consent for access to their
land for the purpose of gathering such information. If consent is
not granted, the Department shall give reasonable notice of the
time, place and before whom the administrative warrant will be
requested so that the owner or owners may have an opportunity to
be heard. (1981, c. 853, s. 2.)
§70-32. Consultation with the Native American Community.
(a) If the professional archaeologist determines that the
human skeletal remains are Native American, the Chief
Archaeologist shall immediately notify the Executive Director of
the North Carolina Commission of Indian Affairs. The Executive
Director shall notify and consult with the Eastern Band of
Cherokee or other appropriate tribal group or community.
(b) Within four weeks of the notification, the Executive
Director shall communicate in writing to the Chief Archaeologist,
the concerns of the Commission of Indian Affairs and an
appropriate tribal group or community with regard to the
treatment and ultimate disposition of the Native American
skeletal remains.
(c) Within 90 days of receipt of the concerns of the
Commission of Indian Affairs, the Chief Archaeologist and the
Executive Director, with the approval of the principal tribal
official of an appropriate tribe, shall prepare a written
agreement concerning the treatment and ultimate disposition of
the Native American skeletal remains. The written agreement shall
include the following:
(1) Designation of a qualified skeletal analyst to work on
the skeletal remains;
(2) The type of analysis and the specific period of time to
be provided for analysis of the skeletal remains;
(3) The timetable for written progress reports and the final
report concerning the skeletal analysis to be provided to the
Chief Archaeologist and the Executive Director by the skeletal
analyst; and
(4) A plan for the ultimate disposition of the Native
American remains subsequent to the completion of adequate
skeletal analysis.
If no agreement is reached within 90 days, the
Archaeological Advisory Committee shall determine the terms of
the agreement. (1981, c. 853, s. 2.)
§70-33. Consultation with other individuals.
(a) If the professional archaeologist determines that the
human skeletal remains are other than Native American, the Chief
Archaeologist shall publish notice that excavation of the remains
has occurred, at least once per week for four successive weeks in
a newspaper of general circulation in the county where the
burials or skeletal remains were situated, in an effort to
determine the identity or next of kin or both of the deceased.
(b) If the next of kin are located, within 90 days the Chief
Archaeologist in consultation with the next of kin shall prepare
a written agreement concerning the treatment and ultimate
disposition of the skeletal remains. The written agreement shall
include:
(1) Designation of a qualified skeletal analyst to work on
the skeletal remains;
(2) The type of analysis and the specific period of time to
be provided for analysis of the skeletal remains;
(3) The timetable for written progress reports and the final
report concerning the skeletal analysis to be provided to the
Chief Archaeologist and the next of kin by the skeletal analyst;
and
(4) A plan for the ultimate disposition of the skeletal
remains subsequent to the completion of adequate skeletal
analysis.
If no agreement is reached, the remains shall be handled
according to the wishes of the next of kin. (1981, c. 853, s. 2.)
§70-34. Skeletal analysis.
(a) Skeletal analysis conducted under the provisions of this
Article shall only be accomplished by persons having those
qualifications expressed in G.S. 70-28(5).
(b) Prior to the execution of the written agreements
outlined in G.S. 70-32(c) and 70-33(b), the Chief Archaeologist
shall consult with both the professional archaeologist and the
skeletal analyst investigating the remains.
(c) The professional archaeologist and the skeletal analyst
shall submit a proposal to the Chief Archaeologist within the
90-day period set forth in G.S. 70-32(c) and 70-33(b), including:
(1) Methodology and techniques to be utilized;
(2) Research objectives;
(3) Proposed time schedule for completion of the analysis;
and
(4) Proposed time intervals for written progress reports and
the final report to be submitted.
(d) If the terms of the written agreement are not
substantially met, the Executive Director or the next of kin,
after consultation with the Chief Archaeologist, may take
possession of the skeletal remains. In such case, the Chief
Archaeologist may ensure that appropriate skeletal analysis is
conducted by another qualified skeletal analyst prior to ultimate
disposition of the skeletal remains. (1981, c. 853, s. 2.)
§70-35. Disposition of human skeletal remains.
(a) If the skeletal remains are Native American, the
Executive Director, after consultation with an appropriate tribal
group or community, shall determine the ultimate disposition of
the remains after the analysis.
(b) If the skeletal remains are other than Native American
and the next of kin have been identified, the next of kin shall
have authority concerning the ultimate disposition of the remains
after the analysis.
(c) If the Chief Archaeologist has received no information
or communication concerning the identity or next of kin of the
deceased, the skeletal remains shall be transferred to the Chief
Archaeologist and permanently curated according to standard
museum procedures after adequate skeletal analysis. (1981, c.
853, s. 2.)
§70-36. Financial responsibility.
(a) The provisions of this Article shall not require that
the owner of the land on which the unmarked human burials or
human skeletal remains are found, bear the cost of excavation,
removal, analysis or disposition.
(b) If a determination is made by the Executive Director, in
consultation with an appropriate tribal group or community, that
Native American skeletal remains shall be reinterred following
the completion of skeletal analysis, an appropriate tribal group
or community may provide a suitable burial location. If it elects
not to do so, it shall be the responsibility of the North
Carolina Commission of Indian Affairs to provide a suitable
burial location.
(c) The expense of transportation of Native American remains
to the reburial location shall be borne by the party conducting
the excavation and removal of the skeletal remains. The reburial
ceremony may be provided by an appropriate tribal group or
community. If it elects not to do so, the reburial ceremony shall
be the responsibility of the Commission of Indian Affairs. (1981,
c. 853, s. 2.)
§70-37. Prohibited acts.
(a) No person, unless acting under the provisions of G.S.
130-198 through G.S. 130-201, shall:
(1) Knowingly acquire any human skeletal remains removed
from unmarked burials in North Carolina after October 1, 1981,
except in accordance with the provisions of this Article;
(2) Knowingly exhibit or sell any human skeletal remains
acquired from unmarked burials in North Carolina; or
(3) Knowingly retain human skeletal remains acquired from
unmarked burials in North Carolina after October 1, 1981, for
scientific analysis beyond a period of time provided for such
analysis pursuant to the provisions of G.S. 70-32, 70-33 and
70-34, with the exception of those skeletal remains curated under
the provisions of G.S. 70-35.
(b) Other provisions of criminal law concerning vandalism of
unmarked human burials or human skeletal remains may be found in
G.S. 14-149. (1981, c. 853, s. 2.)
§70-38. Rule-making authority.
The North Carolina Historical Commission may promulgate
rules and regulations to implement the provisions of this
Article. (1981, c. 853, s. 2.)
§70-39. Exceptions.
(a) Human skeletal remains acquired from commercial
biological supply houses or through medical means are not subject
to the provisions of G.S. 70-37(a).
(b) Human skeletal remains determined to be within the
jurisdiction of the medical examiner according to the provisions
of G.S. 130-198 are not subject to the prohibitions contained in
this Article. (1981, c. 853, s. 2.)
§ 70-40. Penalties.
(a) Violation of the provisions of G.S. 70-29 is a Class 1
misdemeanor.
(b) Violation of the provisions of G.S. 70-37(a) is a Class
H felony. (1981, c. 853, s. 2; 1993, c. 539, s. 543; 1994, Ex.
Sess., c. 24, s. 14(c).)
ARTICLE 4.
North Carolina Archaeological Record Program.
§ 70-46. Short title.
This Article shall be known as "The North Carolina
Archaeological Record Program. (1991, c. 461, s. 2.)
§ 70-47. Findings and purpose.
(a) The General Assembly finds that archaeological
resources on private lands constitute the majority of the
irreplaceable historic and prehistoric resources of the State.
These resources are increasingly endangered and existing State
laws do not provide private landowners with the means adequately
to preserve these resources. There is currently no provision for
assisting and giving recognition to a private landowner who
wishes to preserve the archaeological resources located on the
owner's property.
(b) The purpose of this Article is to preserve and protect
for the present and future benefit of the people of North
Carolina through a program of voluntary site enrollment the
prehistoric and historic archaeological resources that are on
private lands. (1991, c. 461, s. 2.)
§ 70-48. Definitions.
As used in this Article, unless the context clearly
indicates otherwise:
(1) "Archaeological investigation" means any
surface collection, subsurface tests, excavation, or other
activity that results in the disturbance or removal of
archaeological resources.
(2) "Archaeological resource" means any material
remains of past human life or activities which are at least 50
years old and which are of archaeological interest, including
pieces of pottery, basketry, bottles, weapons, weapon
projectiles, tools, structures or portions of structures, rock
paintings, rock carvings, intaglios, graves or human skeletal
materials. Paleontological specimens are not to be considered
archaeological resources unless found in an archaeological
context.
(3) "Program" means the North Carolina
Archaeological Record Program established under this Article.
(4) "Record" means the North Carolina
Archaeological Record established under this Article.
(5) "State Archaeologist" means the head of the
Archaeology Branch, Archaeology and Historic Preservation
Section, Division of Archives and History, Department of Cultural
Resources. (1991, c. 461, s. 2, c. 761, s. 12.1.)
§ 70-49. The North Carolina Archaeological Record
Program.
(a) The Department of Cultural Resources, Division of
Archives and History shall establish the North Carolina
Archaeological Record Program. The purpose of the Program shall
be to assist private owners of archaeological resources in the
preservation and protection of those resources. Participation in
the Program shall be voluntary.
(b) As part of the Program, the Department shall establish
and maintain the North Carolina Archaeological Record. The North
Carolina Archaeological Record shall include a list of the
archaeological resources owned privately by each person
participating in the Program. No archaeological resource shall
be enrolled in the Record without the permission of its owner.
(c) An archaeological resource that is enrolled in the
North Carolina Archaeological Record shall be removed from the
Record at the written request of either the State Archaeologist
or the owner of the archaeological resource. The archaeological
resource shall be removed from the Record 30 days after the
receipt by the Department of Cultural Resources of the written
request. (1991, c. 461, s. 2.)
§ 70-50. Site Steward Program.
The Department of Cultural Resources may create and maintain
a volunteer program for purposes of monitoring the condition of
archaeological resources listed in the Record. This program
shall be known as the Site Steward Program and will be
administered through the Department in cooperation with local and
statewide archaeological societies and groups. (1991, c. 461, s.
2, c. 761, s. 12.2.)
§ 70-51. Archaeological investigations.
(a) Any person wanting to conduct an archaeological
investigation on private land that is the site of an
archaeological resource enrolled in the Record shall apply to the
Department of Cultural Resources for a permit to conduct such an
investigation. The application shall contain information the
Department of Cultural Resources deems necessary, including the
time, scope, location and specific purpose of the proposed work.
(b) A permit shall be issued pursuant to this section if,
after any notifications and consultations required by subsection
(d) of this section, the Department of Cultural Resources finds
that:
(1) The applicant is qualified to carry out the
permitted activity;
(2) The proposed activity is undertaken for the
purpose of furthering archaeological knowledge in the public
interest;
(3) The currently available technology and the
technology the applicant proposes to use are such that the
significant information contained in the archaeological resource
can be retrieved;
(4) The funds and the time the applicant proposes
to commit are such that the significant information contained in
the archaeological resources can be retrieved;
(5) The archaeological resources that are enrolled
in the Record and that are collected, excavated or removed from
the privately owned site and the associated records and data will
remain the property of the private owner of the archaeological
resource;
(6) Copies of associated archaeological records and
data will be preserved by a suitable university, museum, or other
scientific or educational institution;
(7) The applicant shall bear the financial
responsibility for the reinterment of any human burials or human
skeletal remains excavated or removed as a result of the
permitted activities; and
(8) The applicant has obtained the permission of
the owner of the archaeological resource to conduct the
archaeological investigation.
(c) A permit may contain any terms, conditions or
limitations the Department of Cultural Resources deems necessary
to achieve the intent of this Article. A permit shall identify
the person responsible for carrying out the archaeological
investigation.
(d) If the Department of Cultural Resources determines that
a permit issued under this section may result in harm to, or
destruction of, any religious or cultural site, the Department of
Cultural Resources, before issuing the permit, shall notify and
consult with, insofar as possible, a local representative of an
appropriate religious or cultural group. If the religious or
cultural site pertains to Native Americans, the Department of
Cultural Resources shall notify the Executive Director of the
North Carolina Commission of Indian Affairs. The Executive
Director of the North Carolina Commission of Indian Affairs shall
notify and consult with the Eastern Band of Cherokee or other
appropriate tribal group or community. Such notification shall
include, but not be limited to, the following:
(1) The location and schedule of the forthcoming
investigation;
(2) Background data concerning the nature of the
study; and
(3) The purpose of the investigation and the
expected results.
(e) A permit issued under this section may be suspended by
the Department of Cultural Resources upon the determination that
the permit holder has violated any condition of the permit.
(1991, c. 461, s. 2.)
§ 70-52. Rule-making authority.
The Department of Cultural Resources may adopt rules to
implement this Article. (1991, c. 461, s. 2.)