Current through Register Vol. XLI, No. 50, December 13, 2024
Section 82-3-4 - Permits to Excavate Burial Grounds, Human Skeletal Remains and Unmarked Graves4.1. After the Director has been notified of the discovery of skeletal remains, grave artifacts or grave markers, the director shall cause an on-site inspection of the disturbance to be made to determine the potential for archaeological significance of the site. If the director determines that the site has potential historical or archaeological significance and after alternatives to excavation have been examined, a permit application form for the archaeological excavation or removal of the remains must be filed. In cases where discovery is unforseen, an on-site inspection shall be made within ten (10) working days and the determination of potential historical or archaeological significance shall be made as soon as is reasonable, but shall not exceed sixty (60) days. Permits to excavate burials will be made available for review by the public upon request. When the Director, or designee, determines that emergency conditions exist, a permit may be issued without having received an application form, provided that the terms and conditions for excavating are formally agreed to at a more convenient time. An application form will provide for and require the following information:4.1.1. Documentation of the property owner's or property manager's in the case of publicly owned land, permission to excavate. Recovered artifacts remain the property owner's, except in the case of publicly owned land, unless they forfeit their rights to them in writing.4.1.2. The applicant's qualifications. A professional archaeologist will submit a resume, if not already on file at the State Historic Preservation Office. Avocational archaeologists will submit a letter explaining their past accomplishments as an avocationalist.4.1.3. An excavation plan detailing the methodologies and techniques by which the excavations will be conducted and the reason and object for excavation the burial grounds, human skeletal remains, or unmarked graves and the benefits expected to be obtained from the contemplated work; except when discovered through construction activities.4.1.4. The facility where recovered material and excavation records will be curated.4.1.5. A plan to restore the site to its former condition prior to excavations when the site is not intended to be altered or destroyed.4.2. Prior to the issuance of a permit for the disturbance of human skeletal remains, grave artifacts, or grave markers, the director shall convene and chair an ad hoc committee to develop permit conditions. The committee shall be comprised of the chair and 6 or 8 members representing known or presumed lineal descendants, private and public organizations which have cultural affiliation to the presumed contents of the site, the Council for West Virginia Archaeology and the West Virginia Archaeological Society. At least two (2) persons shall represent each group applicable to the site. Any remaining vacancies shall be chosen at the discretion of the director from the applicable groups according to the presumed cultural affiliation of the site. In the case of Native American sites, the ad hoc committee shall be comprised of the chair and 6 or 8 members representing the Council for West Virginia Archaeology, the West Virginia Archaeological Society, and known or presumed lineal descendants, preferably with cultural affiliation to tribes that existed in the geographic area that is now West Virginia. At least two (2) persons shall represent each of these groups with the remaining vacancies to be chosen at the discretion of the director from these groups according to the presumed cultural affiliation of the site. The ad hoc committee must be formed within thirty days of application, must meet within sixty days of application, and must render a decision within ninety days of application. All such permits shall at a minimum address the following conditions:
4.2.1. The methods by which lineal descendants of the deceased are notified prior to the disturbance.4.2.2. The respectful manner in which the remains, artifacts or markers are to be removed and handled.4.2.3. Scientific analysis of the remains, artifacts or markers and the duration of those studies.4.2.4. The way in which the remains may be reburied in consultation with any lineal descendants, when available.4.2.5. The methods for the respectful curation of recovered items.4.2.6. Such other conditions as the director may deem necessary.4.3. Permits shall be issued for two (2) years and may be suspended or revoked at any time due to failure of meeting terms and conditions of the permit. The Director and members of the ad hoc committee shall be allowed access to any excavation of burial grounds, human skeletal remains, or unmarked graves to observe whether conditions and terms of the permit are being met. 4.3.1. Permits may be renewed for a period of six months if a letter requesting such a renewal and the reasons for the renewal request are submitted to the Director.4.4. Permits may be denied from being issued for reasons including, but not limited to, failure to provide a completed application form, inadequate justification for excavating burial grounds, human skeletal remains, or unmarked graves, or inability to complete satisfactorily a previous excavation. The reasons for denying a permit shall be written down and forwarded to the applicant. Applicants denied a permit may appeal the decision by requesting a hearing before a regularly scheduled meeting of the Archives and History Commission. Such hearing shall be held in accordance with W. Va. Code § 29A-5-1 et. seq.4.5. If a permit is granted, an annual progress report shall be submitted on the anniversary date of the permit, if applicable, and a final report of the excavations will be submitted upon completion of fieldwork. The deadline for final reports will vary depending upon the nature of the project. Professionals will submit reports of the quality recommended in the Secretary of Interior's Standards and Guidelines for Archaeololgy and Historic Preservation ( 36 CFR 68). Avocationalists are not expected to submit reports of professional quality, but they shall minimally include information on site location and conditions, relevant background information, all field observations (stratigraphy, features, etc.), and analyses and results. The Director may request that reports be written for publication to be read by the general public, or in other ways disseminate the information recovered through permitted excavations to the general public.