§ 70-33 – Consultation with other individuals.
70-33. Consultation with other individuals. (a) If the professional archaeologist determines that the human skeletal remains are other than Native American, the State Archaeologist shall publish notice that excavation of the remains has occurred, at least once per week for four successive weeks in a newspaper of general circulation in the county where the burials […]
§ 70-34 – Skeletal analysis.
70-34. Skeletal analysis. (a) Skeletal analysis conducted under the provisions of this Article shall only be accomplished by persons having those qualifications expressed in G.S. 70-28(5). (b) Prior to the execution of the written agreements outlined in G.S. 70-32(c) and 70-33(b), the State Archaeologist shall consult with both the professional archaeologist and the skeletal analyst […]
§ 70-35 – Disposition of human skeletal remains.
70-35. Disposition of human skeletal remains. (a) If the skeletal remains are Native American, the Executive Director, after consultation with an appropriate tribal group or community, shall determine the ultimate disposition of the remains after the analysis. (b) If the skeletal remains are other than Native American and the next of kin have been identified, […]
§ 70-36 – Financial responsibility.
70-36. Financial responsibility. (a) The provisions of this Article shall not require that the owner of the land on which the unmarked human burials or human skeletal remains are found, bear the cost of excavation, removal, analysis or disposition. (b) If a determination is made by the Executive Director, in consultation with an appropriate tribal […]
§ 70-37 – Prohibited acts.
70-37. Prohibited acts. (a) No person, unless acting under the provisions of G.S. 130-198 through G.S. 130-201, shall: (1) Knowingly acquire any human skeletal remains removed from unmarked burials in North Carolina after October 1, 1981, except in accordance with the provisions of this Article; (2) Knowingly exhibit or sell any human skeletal remains acquired […]
§ 70-38 – Rule-making authority.
70-38. Rule-making authority. The North Carolina Historical Commission may promulgate rules and regulations to implement the provisions of this Article. (1981, c. 853, s. 2.)
§ 70-39 – Exceptions.
70-39. Exceptions. (a) Human skeletal remains acquired from commercial biological supply houses or through medical means are not subject to the provisions of G.S. 70-37(a). (b) Human skeletal remains determined to be within the jurisdiction of the medical examiner according to the provisions of G.S. 130A-383 are not subject to the prohibitions contained in this […]
§ 70-40 – Penalties.
70-40. Penalties. (a) Violation of the provisions of G.S. 70-29 is a Class 1 misdemeanor. (b) Violation of the provisions of G.S. 70-37(a) is a Class H felony. (1981, c. 853, s. 2; 1993, c. 539, s. 543; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 70-27 – Findings and purpose.
70-27. Findings and purpose. (a) The General Assembly finds that: (1) Unmarked human burials and human skeletal remains are subject to vandalism and inadvertent destruction at an ever-increasing rate; (2) Existing State laws do not provide adequate protection to prevent damage to and destruction of these remains; (3) There is a great deal of scientific […]
§ 70-28 – Definitions.
70-28. Definitions. As used in this Article: (1) "State Archaeologist" means the head of the Office of State Archaeology section of the Office of Archives and History, Department of Natural and Cultural Resources. (2) "Executive Director" means the Executive Director of the North Carolina Commission of Indian Affairs. (3) "Human skeletal remains" or "remains" means […]