Section 40-02-03-06 - Planned disinterment - Notification1. If a person, who plans to undertake any of the development activities enumerated in subsection 7 of North Dakota Century Code section 23-06-27, knows or has reason to believe that a human burial site may be disturbed by a development activity but does not have sufficient information to design the development to preserve the site or to prepare a scope-of-work for disinterment of human remains and burial goods, the person shall conduct archaeological tests. All of the following documentation must be filed with and approved by the department and the director prior to initiating such tests: a. Description and location of the human burial site, including the site number, if any. b. Copies of all site forms, descriptions, and technical reports related to the human burial site, unless already on file with the director or the department. c. Description of the development activity which necessitates the proposed archaeological test. d. A research design and scope-of-work for the proposed archaeological test. e. The current credentials of a qualified archaeologist who has agreed to conduct the archaeological test. f. A copy of a report describing the results of the test and an updated site form must be filed with the director and department before the development activity proceeds. If any human remains or burial goods are discovered during the archaeological test, the testing must cease immediately and the director and the department must be notified of such discovery. The director and department, in consultation with the intertribal reinterment committee, will determine whether the test continues or is terminated.
2. If a person, who plans to undertake any of the development activities enumerated in subsection 7 of North Dakota Century Code section 23-06-27, desires to disinter and move human remains and any burial goods interred in a human burial site which is recorded with the state historical board or with the department, all of the following documentation must be provided to the department and to the director: a. A description of the human burial site for which the disinterment action is proposed, including the site number, if any. b. Copies of all site forms, descriptions, and technical reports related to the human burial site, unless already on file with the director or the department. c. A description of the development activity which necessitates the proposed disinterment. d. A statement justifying the need to disinter rather than avoid the human burial. e. A research design and scope of work for the proposed disinterment, including coverage of excavation, study, expertise to be employed, and report preparation and dissemination considerations. All costs of excavation, disinterment, study and reinterment must be borne by the proposed developer. The intertribal reinterment committee shall arrange for and incur the costs inherent in the conduct of the appropriate tribal religious ceremony or ceremonies. f. The current credentials of a qualified archaeologist who has agreed to conduct the work described in the research design and scope-of-work submitted, if not already on file with the director, or a commitment to obtain the services of such an individual and to submit that individual's credentials for approval by the director if not already on file with the director. The information and notification must be provided to the director and to the department at least sixty days prior to the intended date of disinterment or the person will be deemed to be in violation of subdivision a of subsection 3 of North Dakota Century Code section 23-06-27.
This section is not applicable when evaluation and mitigation of adverse effects to cultural resources are provided for by other state and federal laws or regulations.
N.D. Admin Code 40-02-03-06
Effective December 1, 1984; amended effective December 1, 1990.General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27