Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 20 - REGULATIONS GOVERNING PERMITS FOR THE ARCHAEOLOGICAL REMOVAL OF HUMAN REMAINS › Section 17VAC5-20-30 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
Any person conducting any field investigation involving the
				  removal of human remains or associated artifacts from any unmarked human burial
				  on an archaeological site shall first obtain a permit from the director.
1. No field investigation involving the
				removal of human remains or associated artifacts from any unmarked human burial
				on an archaeological site shall be conducted without a permit.
2. In cases where a field investigation may
				reasonably be anticipated to involve the excavation and removal of human
				remains or associated artifacts, the person conducting such investigation may
				obtain a permit prior to the actual discovery of human burials.
3. In any case where human remains are
				encountered in a field investigation without having received a permit, all work
				on the burial or burials shall cease until a permit has been
				obtained.
4. No field investigation
				involving the removal of human remains or associated artifacts from any
				unmarked human burial on an archaeological site shall be performed except under
				the supervision and control of an archaeologist meeting the qualifications
				stated in 17VAC5-20-40.
5. Any human remains removed in the course of
				field investigations shall be examined by a skeletal biologist or other
				specialist meeting the qualifications stated in
				17VAC5-20-40.
6. Any approved field investigation shall
				include an interim progress report summarizing the field portion of the
				permitted investigation within 60 days of completion of the removal of all
				human remains and associated artifacts. Reports indicating progress on analysis
				and report preparation shall be submitted to the department at 90-day intervals
				until the final report and disposition are accomplished.
7. The applicant shall make the site and
				laboratory available to the department for purposes of monitoring progress and
				compliance with this chapter as requested by the department.
8. A copy of the final report including the
				analysis of materials removed from the burial shall be delivered to the
				director according to the timetable described in the application.
9. Documentation of final disposition as
				required by the permit shall be delivered to the department within 15 days of
				such disposition.
10. Work
				conducted under a permit will not be considered complete until all reports and
				documentation have been submitted to and reviewed by the department to meet all
				conditions cited in this chapter or specified as part of an approved
				permit.
11. Failure to complete the
				conditions of the permit within the permitted time limit may result in
				revocation of the permit and constitute grounds for denial of future
				applications.
12. The applicant
				may apply for an extension or change to the conditions of the permit, including
				changes in research design, principal personnel or disposition, for good cause.
				Granting such an extension or alteration will be at the discretion of the
				director, after consultation with interested parties.
Statutory Authority: §§ 10.1-2205 and 10.1-2305
					 of the Code of Virginia.