N.D. Admin. Code 40-02-03-01
The terms used throughout this chapter have the same meaning as in North Dakota Century Code section 23-06-27, except:
1. "Department" means the state department of health.
2. "Director" means the director of the state historical society as set forth in North Dakota Century Code section 55-02-01, or the director's designated representative.
3. "Duly designated representative" means any person who is so appointed by the respective tribal government and can provide written documentation of such appointment.
4. "In situ" means in the human burial site per se or in the proximate area or vicinity of the human burial site.
5. "Intertribal reinterment committee" means that committee comprised of representatives appointed by each tribal government to represent their respective tribe in matters related to the deaccession and reinterment of human remains and burial goods.
6. "Qualified archaeologist" means an individual who meets the minimum qualifications defined in subsection 1 of section 40-02-02-05.
7. "Society" means the state historical society of North Dakota.
8. "Study" means the examination by a qualified archaeologist, with assistance from specialist, as necessary, of human burial sites, human remains, and burial goods, which examination is conducted in situ, when feasible, and consists exclusively of the following activities under the following circumstances:
a. In all instances, the taking of soil and flora samples as may be appropriate.
b. In those instances wherein the burial can be restored by backfilling, stabilization, and protection from further disturbance, the measurement and visual observation in place and written description of those visible human remains and burial goods uncovered by the disturbance of the burial to be completed as soon as practicable.
c. In those instances wherein the burial cannot feasibly be restored but must be disinterred completely and reinterred in another location and the examination can feasibly be conducted in situ, the visual observation and written description of the human burial site, the measurement and weighing of the human remains and burial goods after disinterment from the burial and the limited photographing of the burial site, human remains, and burial goods. Such photography is undertaken for the exclusive purposes of visual recording and research, and publication of these photographs is generally prohibited. The only exception to this general prohibition is the publication of closeup photographs of any physical anomalies present in the human remains.
d. In those instances wherein in situ examination is not feasible because certain contents of a human burial have been physically separated from the original burial site, those human remains and any burial goods that have been so separated are delivered to the society. Upon their delivery, such human remains and burial goods are examined within the applicable scope of study as defined herein. As soon as practicable, a reasonable effort is made to locate the human burial site in which such human remains and any burial goods were originally interred. In the event that the original burial site is located, examination of such burial site, within the applicable scope of study as defined herein, is conducted as soon as practicable.
e. In those instances wherein in situ examination is not feasible because the immediate excavation of a human burial site is necessary and there is insufficient time for in situ examination, those human remains and burial goods that have been archaeologically excavated are delivered to and maintained at the society until the completion of the examination thereof within the applicable scope of study as defined herein. The excavation and study of a multiple burial is completed within a period of ninety days from the date on which the decision to excavate the human burial site is made by the department staff and the society staff. The excavation and study of a single burial is completed within a period of sixty days from the date on which the decision to excavate the human burial site is made by the department staff and the society staff. Extensions of such time periods may be granted with the consent of the intertribal reinterment committee in certain cases of Indian burials, including, but not limited to, those instances wherein weather conditions prevent completion of the work within the specified time period.
N.D. Admin Code 40-02-03-01
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27