State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_70 > GS_70-32

§ 70‑32.  Consultationwith the Native American Community.

(a)        If the professionalarchaeologist determines that the human skeletal remains are Native American,the State Archaeologist shall immediately notify the Executive Director of theNorth Carolina Commission of Indian Affairs. The Executive Director shallnotify and consult with the Eastern Band of Cherokee or other appropriatetribal group or community.

(b)        Within four weeksof the notification, the Executive Director shall communicate in writing to theState Archaeologist, the concerns of the Commission of Indian Affairs and anappropriate tribal group or community with regard to the treatment and ultimatedisposition of the Native American skeletal remains.

(c)        Within 90 days ofreceipt of the concerns of the Commission of Indian Affairs, the StateArchaeologist and the Executive Director, with the approval of the principaltribal official of an appropriate tribe, shall prepare a written agreementconcerning the treatment and ultimate disposition of the Native Americanskeletal remains. The written agreement shall include the following:

(1)        Designation of aqualified skeletal analyst to work on the skeletal remains;

(2)        The type of analysisand the specific period of time to be provided for analysis of the skeletalremains;

(3)        The timetable forwritten progress reports and the final report concerning the skeletal analysisto be provided to the State Archaeologist and the Executive Director by theskeletal analyst; and

(4)        A plan for theultimate disposition of the Native American remains subsequent to thecompletion of adequate skeletal analysis.

If no agreement is reachedwithin 90 days, the Archaeological Advisory Committee shall determine the termsof the agreement. (1981,c. 853, s. 2; 2007‑484, s. 10(e).)