§ 70-13. Archaeological investigations.
§70‑13. Archaeological investigations.
(a) Any person mayapply to the Department of Cultural Resources for a permit to conductarchaeological investigations on State lands. The application shall containinformation the Department of Cultural Resources, in consultation with theDepartment of Administration, deems necessary, including the time, scope,location and specific purpose of the proposed work.
(b) A permit shall beissued pursuant to an application under subsection (a) of this section if,after any notifications and consultations required by subsection (d) of thissection, the Department of Cultural Resources, in consultation with theDepartment of Administration, finds that:
(1) The applicant isqualified to carry out the permitted activity;
(2) The proposedactivity is undertaken for the purpose of furthering archaeological knowledgein the public interest;
(3) The currentlyavailable technology and the technology the applicant proposes to use are suchthat the significant information contained in the archaeological resource canbe retrieved;
(4) The funds and thetime the applicant proposes to commit are such that the significant informationcontained in the archaeological resources can be retrieved;
(5) The archaeologicalresources which are collected, excavated or removed from State lands andassociated records and data will remain the property of the State of NorthCarolina and the resources and copies of associated archaeological records anddata will be preserved by a suitable university, museum, or other scientific oreducational institution;
(6) The activitypursuant to the permit is not inconsistent with any management plan applicableto the State lands concerned; and
(7) The applicant shallbear the financial responsibility for the reinterment of any human burials orhuman skeletal remains excavated or removed as a result of the permittedactivities.
(c) A permit maycontain any terms, conditions or limitations the Department of CulturalResources, in consultation with the Department of Administration, deemsnecessary to achieve the intent of this Article. A permit shall identify theperson responsible for carrying out the archaeological investigation.
(d) If a permit issuedunder G.S. 70‑13(a) may result in harm to, or destruction of, any religiousor cultural site, as determined by the Department of Cultural Resources, inconsultation with the Department of Administration, before issuing such permit,the Department of Cultural Resources, in consultation with the Department ofAdministration, shall notify and consult with, insofar as possible, a localrepresentative of an appropriate religious or cultural group. If the religiousor cultural site pertains to Native Americans, the Department of CulturalResources, in consultation with the Department of Administration, shall notifythe Executive Director of the North Carolina Commission of Indian Affairs. TheExecutive Director of the North Carolina Commission of Indian Affairs shallnotify and consult with the Eastern Band of Cherokee or other appropriatetribal group or community. Such notification shall include, but not be limitedto, the following:
(1) The location andschedule of the forthcoming investigation;
(2) Background dataconcerning the nature of the study; and
(3) The purpose of theinvestigation and the expected results.
(e) A permit issuedunder G.S. 70‑13 may be suspended by the Department of CulturalResources, in consultation with the Department of Administration, upon thedetermination that the permit holder has violated any provision of G.S. 70‑15(a)or G.S. 70‑15(b). A permit may be revoked by the Department of CulturalResources, in consultation with the Department of Administration, uponassessment of a civil penalty under G.S. 70‑16 against the permit holderor upon the permit holder's conviction under G.S. 70‑15. (1981,c. 904, s. 2; 1991, c. 461, s. 1.)