West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Archaeology" means the systematic, scientific study of past cultures
				through examination of material remains.
2.2. "Ruins" mean the remnants of
				structures constructed by humans during historic or prehistoric
				times.
2.3. "Sites" mean
				areas occupied for various durations by humans throughout history and
				prehistory including, but not limited to, campsites, villages,
				dwellings, rock shelters and industrial complexes.
2.4. "Cultural Affiliation" means
				the relationship of shared group identity which can be reasonably
				traced historically or prehistorically between a present day group
				and an identifiable earlier group.
2.5. "Lineal Descendants" means any
				individuals tracing his or her ancestry directly or by proven
				kinship.
2.6. "Proven
				Kinship" means the relationship among people that exists because of
				genetic descent, which includes racial descent.
2.7. "Burial Grounds" mean a
				location where during history or prehistory human bodies or skeletal
				remains are entombed in visibly marked or unmarked graves and may
				include objects or artifacts with them.
2.8. "Grave Goods" mean artifacts
				found in association with a human burial.
2.9. "Professional Archaeologist"
				means an individual meeting the qualifications specified in the
				Secretary of the Interior's Standards for the Recovery of
				Archaeological Data ( 36 CFR 66 ).
2.10. "Avocational Archaeologist"
				means an individual whose vocation is in a field different than
				archaeology and who does not have a degree in the subject.
2.11. "Permit" means a written
				authorization issued by the Director of Historic Preservation, or
				designee, to conduct excavations of historic and prehistoric ruins,
				archaeological sites, burial grounds, human skeletal remains, and
				unmarked graves, and to remove or alter grave markers. A permit shall
				be valid for one designated site.
2.12. "Emergency Condition" means
				any unforeseen discovery of human remains.
2.13. "Excavation" means the
				controlled removal of dirt to uncover and retrieve artifacts or human
				skeletal remains.
2.14.
				"Surface Survey" means an activity that involves traversing the land
				for the purpose of locating archaeological sites as revealed by
				artifacts found on the surface of the ground.
2.15. "Historical or Archaeological
				Significance" means sites, ruins, burial grounds, or unmarked graves
				having significance determined by applying the criteria of
				eligibility for the National Register of Historic Places found in 36
				CFR 60.
2.16. "Director"
				means Director of Historic Preservation or authorized
				representative.
2.17.
				"Evidence of descent" means evidence of a kin or cultural affiliation
				between a present-day individual or Indian Tribe and human remains
				and cultural items which shall be established by using the following
				types of evidence: Geographical, kinship, biological, archeological,
				anthropological, linguistic, folklore, oral tradition, historical, or
				other relevant information or expert opinion.