§ 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 […]
§ 70-29 – Discovery of remains and notification of authorities.
70-29. Discovery of remains and notification of authorities. (a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being disturbed, destroyed, defaced, mutilated, removed, or exposed, shall notify immediately the medical examiner of the county in which the remains are encountered. (b) If the unmarked human […]
§ 70-30 – Jurisdiction over remains.
70-30. Jurisdiction over remains. (a) Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the medical examiner of the county in which the remains were encountered shall determine as soon as possible whether the remains are subject to the provisions of G.S. 130A-383. (b) If the county medical examiner […]
§ 70-31 – Archaeological investigation of human skeletal remains.
70-31. Archaeological investigation of human skeletal remains. (a) If an agreement is reached with the landowner for the excavation of the human skeletal remains, the State Archaeologist shall either designate a member of his staff or authorize another professional archaeologist to excavate or supervise the excavation. (b) The professional archaeologist excavating human skeletal remains shall […]
§ 70-32 – Consultation with the Native American Community.
70-32. Consultation with the Native American Community. (a) If the professional archaeologist determines that the human skeletal remains are Native American, the State Archaeologist shall immediately notify the Executive Director of the North Carolina Commission of Indian Affairs. The Executive Director shall notify and consult with the Eastern Band of Cherokee or other appropriate tribal […]
§ 70-13.1 – Criminal record checks of applicants for permit or license.
70-13.1. Criminal record checks of applicants for permit or license. (a) The following definitions apply to this section: (1) Applicant. – A person or entity applying for a permit or license under G.S. 70-13 to conduct any type of archaeological investigation on State lands. (2) Criminal history. – A history of conviction of a state […]
§ 70-14 – Rule-making authority; custody of resources.
70-14. Rule-making authority; custody of resources. The North Carolina Historical Commission, in consultation with the Department of Administration, may promulgate regulations to implement the provisions of this Article and to provide for the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from State lands pursuant to […]
§ 70-15 – Prohibited acts and criminal penalties.
70-15. Prohibited acts and criminal penalties. (a) No person may excavate, remove, damage or otherwise alter or deface any archaeological resource located on State lands unless he is acting pursuant to a permit issued under G.S. 70-13. (b) No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, exchange, transport or receive […]
§ 70-16 – Civil penalties.
70-16. Civil penalties. A civil penalty of not more than five thousand dollars ($5,000) may be assessed by the Department of Administration, in consultation with the Department of Natural and Cultural Resources, against any person who violates the provisions of G.S. 70-15. In determining the amount of the penalty, the Department shall consider the extent […]
§ 70-17 – Forfeiture.
70-17. Forfeiture. All archaeological resources with respect to which a violation of G.S. 70-15(a) or 70-15(b) occurred, and all vehicles and equipment which were used in connection with such violation shall be subject to forfeiture to the State of North Carolina in the same manner as vehicles and equipment subject to forfeiture under G.S. 90-112. […]