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 40-02-03-07 - Planned disinterment - Study

Current through Supplement No. 393, July, 2024
Within a period of twenty-four hours, or as
				  soon thereafter as practicable, from the time each such
				  notification of a planned disinterment of an Indian burial
				  site is received by the director pursuant to section 40-02-03-06, the director shall contact the intertribal
				  reinterment committee for the purpose of giving notice to the
				  committee of the planned disinterment and shall direct to the
				  committee a copy of all documentation received pursuant to
				  section 40-02-03-06.
As soon as practicable after receipt by the
				  director of each such notification pursuant to section 40-02-03-06, the society, in conformity with the applicable
				  requirement prescribed by subsection 7 of North Dakota Century
				  Code section  23-06-27, shall cause the appropriate
				  representatives of the society to commence negotiations with
				  the person proposing disinterment in an effort to achieve the
				  avoidance altogether of the human burial site at issue by the
				  proposed development activity. Such negotiations must be
				  conducted during a period no greater than sixty days from the
				  date on which the director received notification pursuant to
				  section 40-02-03-06. The director shall give to the
				  intertribal reinterment committee reasonable notice of the
				  prospective negotiations and said committee shall have the
				  opportunity to consult with the director regarding such
				  negotiations through appropriate representatives. Should
				  negotiations fail within the sixty-day period and should the
				  state historical board not choose to seek alternative judicial
				  relief to enjoin the proposed disturbance of the burial at
				  issue, the director, upon having determined that the
				  documentation provided by the person pursuant to section 40-02-03-06 is sufficient, shall direct written notification
				  to the person that the proposed development through the
				  location of the human burial at issue may proceed as planned;
				  provided, however, that the development may not actually
				  proceed through the location of such burial, until such time
				  as the human remains and any and all burial goods interred in
				  the burial site have been disinterred. Any person who
				  otherwise proceeds to cause the disinterment of the burial at
				  issue will be deemed to be in violation of subdivision a of
				  subsection 3 of North Dakota Century Code section  23-06-27.
In those instances wherein such written
				  notification has been directed by the director to the person
				  proposing disinterment, the director shall thereafter notify
				  the intertribal reinterment committee of any intent of the
				  society to direct a qualified archaeologist to conduct a study
				  of the human burial site and its contents. Should such intent
				  be expressed by the director, the intertribal reinterment
				  committee may make arrangements for the appropriate duly
				  designated representative to accompany the representative of
				  the society to the human burial site at the earliest
				  practicable time.
Such duly designated representative may be
				  present at the site of the burial throughout the course of the
				  conduct of the study by the qualified archaeologist and may
				  provide any necessary assistance in conjunction with the
				  conduct of the study.
Subsequent to the completion of the conduct
				  of any study, the qualified archaeologist who performed the
				  study shall file a written report of the work completed and
				  data recovered with the director, who shall direct a copy of
				  said report to the intertribal reinterment committee.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27