reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 69 - Fire Protection › Article 3A - Rural Fire Protection Districts. › § 69-25.14 - Contract with city or town to which all or part of district annexed concerning property of district and furnishing of fire protection.

§ 69-25.14. Contract with city or town to which all or part of district annexed concerning property of district and furnishing of fire protection.
Whenever all or any part of the area included within the territorial limits of a fire protection district is annexed to or becomes a part of a city or town, the governing body of such district may contract with the governing body of such city or town to give, grant or convey to such city or town, with or without consideration, in such manner and on such terms and conditions as the governing body of such district shall deem to be in the best interests of the inhabitants of the district, all or any part of its property, including, but without limitation, any fire-fighting equipment or facilities, and may provide in such contract for the furnishing of fire protection by the city or town or by the district. (1957, c. 526.)
2023 North Carolina General Statutes › Chapter 69 - Fire Protection › Article 3A - Rural Fire Protection Districts. › § 69-25.15 - When district or portion thereof annexed by municipality furnishing fire protection.

§ 69-25.15. When district or portion thereof annexed by municipality furnishing fire protection.
(a) When the whole or any portion of a fire protection district has been annexed by a municipality furnishing fire protection to its citizens, then such fire protection district or the portion thereof so annexed shall immediately thereupon cease to be a fire protection district or a portion of a fire protection district; and such district or portion thereof so annexed shall no longer be subject to G.S. 69-25.4 authorizing the board of county commissioners to levy and collect a tax in such district for the purpose of furnishing fire protection therein.
(b) Nothing herein shall be deemed to prevent the board of county commissioners from levying and collecting taxes for fire protection in the remaining portion of a fire protection district not annexed by a municipality, as aforesaid.
(c) When all or part of a fire protection district is annexed, and the effective date of the annexation is a date other than a date in the month of June, the amount of the fire protection district tax levied on property in the district for the fiscal year in which municipal taxes are prorated under G.S. 160A-58.10 shall be multiplied by the following fraction: the denominator shall be 12 and the numerator shall be the number of full calendar months remaining in the fiscal year following the day on which the annexation becomes effective. For each owner, the product of the multiplication is the prorated fire protection payment. The finance officer of the city shall obtain from the assessor or tax collector of the county where the annexed territory was located a list of the owners of property on which fire protection district taxes were levied in the territory being annexed, and the city shall, no later than 90 days after the effective date of the annexation, pay the amount of the prorated fire protection district payment to the owners of that property. Such payments shall come from any funds not otherwise restricted by law.
(d) Whenever a city is required to make fire protection district tax payments by subsection (c) of this section, and the city has paid or has contracted to pay to a rural fire department funds under G.S. 160A-58.57, the county shall pay to the city from funds of the rural fire protection district an amount equal to the amount paid by the city (or to be paid by the city) to a rural fire department under G.S. 160A-58.57 on account of annexation of territory in the rural fire protection district for the number of months in that fiscal year used in calculating the numerator under subsection (c) of this section; provided that the required payments by the county to the city shall not exceed the total of fire protection district payments made to taxpayers in the district on account of that annexation. (1957, c. 1219; 1985, c. 707, ss. 1, 2; 1987, c. 45, s. 1; 2017-102, s. 14.4(a).)
2023 North Carolina General Statutes › Chapter 69 - Fire Protection › Article 3A - Rural Fire Protection Districts. › § 69-25.16 - Exclusion from rural fire protection districts.

§ 69-25.16. Exclusion from rural fire protection districts.
There shall be excluded from any rural fire protection district, and the provisions of this Article shall not apply to, an electric generating plant, together with associated land and facilities, which provides electricity to the public; provided that this section shall not apply to any rural fire protection district in existence on May 1, 1971. (1971, c. 297.)
2023 North Carolina General Statutes › Chapter 69 - Fire Protection › Article 3A - Rural Fire Protection Districts. › § 69-25.17 - Validation of fire protection funds appropriated in providing rescue and ambulance services.

§ 69-25.17. Validation of fire protection funds appropriated in providing rescue and ambulance services.
All prior appropriations and expenditures by any county board of commissioners of funds derived from taxes levied in rural fire protection districts, but used to provide rescue and ambulance services within said districts, are hereby approved, confirmed, validated, and declared to be proper, authorized, and legal. (1977, c. 131, s. 1.)
2023 North Carolina General Statutes › 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.

§ 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 Natural and 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; 2015-241, s. 14.30(x).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 1 - Indian Antiquities. › § 70-2 - Possessors of relics urged to commit them to custody of State agencies.

§ 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 Natural and 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; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 1 - Indian Antiquities. › § 70-3 - Preservation of relics on public lands.

§ 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 Natural and 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; 2015-241, s. 14.30(x).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 1 - Indian Antiquities. › § 70-4 - Destruction or sale of relic from public lands made misdemeanor.

§ 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 Natural and 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); 2015-241, s. 14.30(x).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-11 - Findings and purpose.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-12 - Definitions.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-14 - Rule-making authority; custody of resources.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-15 - Prohibited acts and criminal penalties.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-16 - Civil penalties.

§ 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 Natural and 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; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-17 - Forfeiture.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-18 - Confidentiality.

§ 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 Natural and 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; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-19 - Cooperation with private individuals.

§ 70-19. Cooperation with private individuals.
The Department of Natural and 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; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-20 - Delegation of responsibilities.

§ 70-20. Delegation of responsibilities.
If the Department of Administration and the Department of Natural and Cultural Resources agree, the responsibilities, in whole or in part, of the Department of Natural and 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; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 2 - Archaeological Resources Protection Act. › § 70-21 - Cemeteries on State lands.

§ 70-21. Cemeteries on State lands.
(a) To preserve the sanctity of cemeteries located on State lands, the head of each State agency shall have the following duties and responsibilities:
(1) To identify and inventory all known cemeteries on State lands allocated to that State agency.
(2) To furnish a copy of the inventory to the State Property Office and the Department of Natural and Cultural Resources.
(b) State agencies are not required to provide State funds or other resources to maintain cemeteries on State land, except when required by law, regulation, or ordinance; directed by court order; or necessary to correct a known safety hazard to the public.
(c) State agencies may allow a family member or other interested person to maintain cemeteries and erect signs, fencing, grave markers, monuments, and tombstones within the designated boundaries of the cemetery if this activity does not constitute a safety hazard to the public. The family member or person shall obtain approval from the respective State agency and shall be responsible for any expense incurred by the activity. (2015-241, s.14.30(c); 2015-285, s. 1.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-26 - Short title.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-27 - Findings and purpose.

§ 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. 130A-383 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; 2007-484, s. 11(a).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-28 - Definitions.

§ 70-28. Definitions.
As used in this Article:
(1) "State Archaeologist" means the head of the Office of State Archaeology section of the Office of Archives and History, Department of Natural and 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; 2002-159, s. 35(a); 2007-484, s. 10(a); 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-29 - Discovery of remains and notification of authorities.

§ 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 State 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 State 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 State 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); 2007-484, s. 10(b).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-30 - Jurisdiction over remains.

§ 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. 130A-383.
(b) If the county medical examiner determines that the remains are subject to the provisions of G.S. 130A-383, the county medical examiner will immediately proceed with the investigation.
(c) If the county medical examiner determines that the remains are not subject to the provisions of G.S. 130A-383, the county medical examiner shall so notify the Chief Medical Examiner. The Chief Medical Examiner shall notify the State Archaeologist of the discovery of the human skeletal remains and the findings of the county medical examiner. The State Archaeologist shall immediately take charge of the remains.
(d) Subsequent to taking charge of the human skeletal remains, the State 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 State 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; 2007-484, ss. 10(c), 11(b).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-31 - Archaeological investigation of human skeletal remains.

§ 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 State 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 State 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 State 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 Natural and 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; 2007-484, s. 10(d); 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-32 - Consultation with the Native American Community.

§ 70-32. Consultation with the Native American Community.
(a) If the professional archaeologist determines that the human skeletal remains are Native American, the State 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 State 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 State 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 State 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; 2007-484, s. 10(e).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-33 - Consultation with other individuals.

§ 70-33. Consultation with other individuals.
(a) If the professional archaeologist determines that the human skeletal remains are other than Native American, the State 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 State 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 State 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; 2007-484, s. 10(f).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-34 - Skeletal analysis.

§ 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 State 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 State 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 State Archaeologist, may take possession of the skeletal remains. In such case, the State 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; 2007-484, s. 10(g).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-35 - Disposition of human skeletal remains.

§ 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 State 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 State Archaeologist and permanently curated according to standard museum procedures after adequate skeletal analysis. (1981, c. 853, s. 2; 2007-484, s. 10(h).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-36 - Financial responsibility.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-37 - Prohibited acts.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-38 - Rule-making authority.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-39 - Exceptions.

§ 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. 130A-383 are not subject to the prohibitions contained in this Article. (1981, c. 853, s. 2; 2007-484, s. 11(c).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act. › § 70-40 - Penalties.

§ 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).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 4 - North Carolina Archaeological Record Program. › § 70-47 - Findings and purpose.

§ 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.)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 4 - North Carolina Archaeological Record Program. › § 70-48 - Definitions.

§ 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 Office of State Archaeology section of the Office of Archives and History, Department of Natural and Cultural Resources. (1991, c. 461, s. 2; c. 761, s. 12.1; 2002-159, s. 35(b); 2007-484, s. 10(i); 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 4 - North Carolina Archaeological Record Program. › § 70-49 - The North Carolina Archaeological Record Program.

§ 70-49. The North Carolina Archaeological Record Program.
(a) The Department of Natural and Cultural Resources, Office 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 Archeological 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 Natural and Cultural Resources of the written request. (1991, c. 461, s. 2; 2002-159, s. 35(c); 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 4 - North Carolina Archaeological Record Program. › § 70-50 - Site Steward Program.

§ 70-50. Site Steward Program.
The Department of Natural and 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; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 70 - Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection › Article 4 - North Carolina Archaeological Record Program. › § 70-52 - Rule-making authority.

§ 70-52. Rule-making authority.
The Department of Natural and Cultural Resources may adopt rules to implement this Article. (1991, c. 461, s. 2; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 71A - Indians › § 71A-1 - Cherokee Indians of Robeson County; rights and privileges.

§ 71A-1. Cherokee Indians of Robeson County; rights and privileges.
The persons residing in Robeson, Richmond, and Sampson counties, who have heretofore been known as "Croatan Indians" or "Indians of Robeson County," together with their descendants, shall hereafter be known and designated as "Cherokee Indians of Robeson County," and by that name shall be entitled to all the rights and privileges heretofore or hereafter conferred, by any law or laws of the State of North Carolina, upon the Indians heretofore known as the "Croatan Indians" or "Indians of Robeson County." In all laws enacted by the General Assembly of North Carolina relating to said Indians subsequent to the enactment of said Chapter 51 of the Laws of 1885, the words "Croatan Indians" and "Indians of Robeson County" are stricken out and the words "Cherokee Indians of Robeson County" inserted in lieu thereof. (1885, c. 51, s. 2; Rev., s. 4168; 1911, c. 215; P.L. 1911, c. 263; 1913, c. 123; C.S., s. 6257; 1977, 2nd Sess., c. 1193, s. 1.)
2023 North Carolina General Statutes › Chapter 71A - Indians › § 71A-2 - Chapter not applicable to certain bands of Cherokees.

§ 71A-2. Chapter not applicable to certain bands of Cherokees.
Neither this Chapter nor any other act relating to said "Cherokee Indians of Robeson County" shall be construed so as to impose on said Indians any powers, privileges, rights, or immunities, or any limitations on their power to contract, heretofore enacted with reference to the Eastern Band of Cherokee Indians residing in Cherokee, Graham, Jackson, Swain and other adjoining counties in North Carolina, or any other band or tribe of Cherokee Indians other than those now residing, or who have since the Revolutionary War resided, in Robeson County, nor shall said "Cherokee Indians of Robeson County," as herein designated, be subject to the limitations provided in the Chapter Contracts Requiring Writing, G.S. 22-3, entitled Contracts with Cherokee Indians. (1947, c. 978, s. 1; 1977, 2nd Sess., c. 1193, s. 1.)
2023 North Carolina General Statutes › Chapter 71A - Indians › § 71A-3 - Lumbee Tribe of North Carolina; rights, privileges, immunities, obligations and duties.

§ 71A-3. Lumbee Tribe of North Carolina; rights, privileges, immunities, obligations and duties.
The Indians now residing in Robeson and adjoining counties of North Carolina, originally found by the first white settlers on the Lumbee River in Robeson County, and claiming joint descent from remnants of early American Colonists and certain tribes of Indians originally inhabiting the coastal regions of North Carolina, who have previously been known as "Croatan Indians," "Indians of Robeson County," and "Cherokee Indians of Robeson County," shall, from and after April 20, 1953, be designated and officially recognized as Lumbee Tribe of North Carolina and shall continue to enjoy all rights, privileges and immunities as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governmental duties and powers similar to the State, being recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (1953, c. 874; 1977, 2nd Sess., c. 1193, s. 1; 2003-54, s. 1; 2019-162, s. 1.)