North Dakota Administrative Code › Title 40 - Historical Board › Article 40-02 - Archaeology and Historic Preservation › Chapter 40-02-03 - Protection of Prehistoric and Historic Human Burial Sites, Human Remains, and Burial Goods › Section 40-02-03-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have
				  the same meaning as in North Dakota Century Code section
				   23-06-27, except:
1. "Department" means the state department
				  of health.
2. "Director" means the director of the
				  state historical society as set forth in North Dakota Century
				  Code section  55-02-01, or the director's designated
				  representative.
3. "Duly designated representative" means
				  any person who is so appointed by the respective tribal
				  government and can provide written documentation of such
				  appointment.
4. "In situ" means in the human burial site
				  per se or in the proximate area or vicinity of the human
				  burial site.
5. "Intertribal reinterment committee" means
				  that committee comprised of representatives appointed by each
				  tribal government to represent their respective tribe in
				  matters related to the deaccession and reinterment of human
				  remains and burial goods.
6. "Qualified archaeologist" means an
				  individual who meets the minimum qualifications defined in
				  subsection 1 of section 40-02-02-05.
7. "Society" means the state historical
				  society of North Dakota.
8. "Study" means the examination by a
				  qualified archaeologist, with assistance from specialist, as
				  necessary, of human burial sites, human remains, and burial
				  goods, which examination is conducted in situ, when feasible,
				  and consists exclusively of the following activities under the
				  following circumstances:
a. In all instances, the taking of soil and
				  flora samples as may be appropriate.
b. In those instances wherein the burial can
				  be restored by backfilling, stabilization, and protection from
				  further disturbance, the measurement and visual observation in
				  place and written description of those visible human remains
				  and burial goods uncovered by the disturbance of the burial to
				  be completed as soon as practicable.
c. In those instances wherein the burial
				  cannot feasibly be restored but must be disinterred completely
				  and reinterred in another location and the examination can
				  feasibly be conducted in situ, the visual observation and
				  written description of the human burial site, the measurement
				  and weighing of the human remains and burial goods after
				  disinterment from the burial and the limited photographing of
				  the burial site, human remains, and burial goods. Such
				  photography is undertaken for the exclusive purposes of visual
				  recording and research, and publication of these photographs
				  is generally prohibited. The only exception to this general
				  prohibition is the publication of closeup photographs of any
				  physical anomalies present in the human remains.
d. In those instances wherein in situ
				  examination is not feasible because certain contents of a
				  human burial have been physically separated from the original
				  burial site, those human remains and any burial goods that
				  have been so separated are delivered to the society. Upon
				  their delivery, such human remains and burial goods are
				  examined within the applicable scope of study as defined
				  herein. As soon as practicable, a reasonable effort is made to
				  locate the human burial site in which such human remains and
				  any burial goods were originally interred. In the event that
				  the original burial site is located, examination of such
				  burial site, within the applicable scope of study as defined
				  herein, is conducted as soon as practicable.
e. In those instances wherein in situ
				  examination is not feasible because the immediate excavation
				  of a human burial site is necessary and there is insufficient
				  time for in situ examination, those human remains and burial
				  goods that have been archaeologically excavated are delivered
				  to and maintained at the society until the completion of the
				  examination thereof within the applicable scope of study as
				  defined herein. The excavation and study of a multiple burial
				  is completed within a period of ninety days from the date on
				  which the decision to excavate the human burial site is made
				  by the department staff and the society staff. The excavation
				  and study of a single burial is completed within a period of
				  sixty days from the date on which the decision to excavate the
				  human burial site is made by the department staff and the
				  society staff. Extensions of such time periods may be granted
				  with the consent of the intertribal reinterment committee in
				  certain cases of Indian burials, including, but not limited
				  to, those instances wherein weather conditions prevent
				  completion of the work within the specified time period.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27