State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_70 > GS_70-51

§70‑51.  Archaeological investigations.

(a)        Any person wantingto conduct an archaeological investigation on private land that is the site ofan archaeological resource enrolled in the Record shall apply to the Departmentof Cultural Resources for a permit to conduct such an investigation.  Theapplication shall contain information the Department of Cultural Resourcesdeems necessary, including the time, scope, location and specific purpose ofthe proposed work.

(b)        A permit shall beissued pursuant to this section if, after any notifications and consultationsrequired by subsection (d) of this section, the Department of CulturalResources finds that:

(1)        The applicant isqualified to carry out the permitted activity;

(2)        The proposedactivity is undertaken for the purpose of furthering archaeological knowledgein the public interest;

(3)        The currentlyavailable technology and the technology the applicant proposes to use are suchthat the significant information contained in the archaeological resource can beretrieved;

(4)        The funds and thetime the applicant proposes to commit are such that the significant informationcontained in the archaeological resources can be retrieved;

(5)        The archaeologicalresources that are enrolled in the Record and that are collected, excavated orremoved from the privately owned site and the associated records and data willremain the property of the private owner of the archaeological resource;

(6)        Copies of associatedarchaeological records and data will be preserved by a suitable university,museum, or other scientific or educational institution;

(7)        The applicant shallbear the financial responsibility for the reinterment of any human burials orhuman skeletal remains excavated or removed as a result of the permittedactivities; and

(8)        The applicant hasobtained the permission of the owner of the archaeological resource to conductthe archaeological investigation.

(c)        A permit maycontain any terms, conditions or limitations the Department of CulturalResources deems necessary to achieve the intent of this Article.  A permitshall identify the person responsible for carrying out the archaeologicalinvestigation.

(d)        If the Departmentof Cultural Resources determines that a permit issued under this section mayresult in harm to, or destruction of, any religious or cultural site, theDepartment of Cultural Resources, before issuing the permit, shall notify andconsult with, insofar as possible, a local representative of an appropriatereligious or cultural group.  If the religious or cultural site pertains toNative Americans, the Department of Cultural Resources shall notify theExecutive Director of the North Carolina Commission of Indian Affairs.  TheExecutive Director of the North Carolina Commission of Indian Affairs shall notifyand consult with the Eastern Band of Cherokee or other appropriate tribal groupor community.  Such notification shall include, but not be limited to, thefollowing:

(1)        The location andschedule of the forthcoming investigation;

(2)        Background dataconcerning the nature of the study; and

(3)        The purpose of theinvestigation and the expected results.

(e)        A permit issuedunder this section may be suspended by the Department of Cultural Resourcesupon the determination that the permit holder has violated any condition of thepermit.  (1991, c. 461, s. 2.)