W. Va. Code R. § 82-3-2

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 82-3-2 - Definitions
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.

W. Va. Code R. § 82-3-2