54-17.3 Paleontological Resource Protection
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<![CDATA[CHAPTER 54-17.3PALEONTOLOGICAL RESOURCE PROTECTION54-17.3-01. Definitions. As used in sections 54-17.3-01 through 54-17.3-08, unless thecontext otherwise requires:1."Commission" means the North Dakota industrial commission.2."Paleontological resource" means any significant remains, trace, or imprint of a plant<br>or animal that has been preserved by natural causes in earth materials and the<br>localities in which they are found.54-17.3-02.Jurisdiction of the commission.The commission, acting through theoffice of the state geologist, has jurisdiction and authority to enforce the provisions of sections<br>54-17.3-01 through 54-17.3-08. The commission has authority to make such investigations as it<br>deems proper to determine whether facts exist which justify action by the commission. The<br>commission has authority to adopt rules and issue orders to effectuate the provisions of sections<br>54-17.3-01 through 54-17.3-08.54-17.3-03. Permit required. A permit must be obtained by any person, organization,institution, or company engaged on one's own behalf or on behalf of another to:1.Identifyorevaluatepaleontologicalresourcestosatisfystateorfederalrequirements; or2.Investigate, excavate, collect, or otherwise record paleontological resources on land<br>owned by the state or its political subdivisions.A permit may be issued upon filing of an application that contains information prescribed by the<br>state geologist and upon the applicant's payment to the state geologist of the fee set by the state<br>geologist.The state geologist may waive the fee requirement if the applicant is aninstrumentality of the state. A permit may be issued only for the activities and at the locations<br>described in the permit application.54-17.3-04. Permit - Duration - Revocation. A permit issued under sections 54-17.3-01through 54-17.3-08 expires on December thirty-first of the year in which it is issued. A permit<br>may be extended upon written request to the state geologist before expiration of the permit and<br>upon payment to the state geologist of the fee set by the state geologist. A permit may be<br>revoked at any time if it appears the permittee secured the permit through false information or<br>that any activities performed by the permittee are being conducted negligently or improperly, or<br>without regard for the careful preservation and conservation of the paleontological resource.54-17.3-05. Coordination of quaternary fossil finds. The state geologist shall notifythe director of the state historical society of all quaternary paleontological finds reported to the<br>state geologist which potentially or actually contain cultural resources. The treatment of sites<br>containing both paleontological remains and cultural resources must be handled in a manner<br>jointly agreed upon by the state geologist and the director. The term cultural resources has the<br>same definition as the term is defined in section 55-03-00.1.54-17.3-06. Protection of paleontological specimens and sites. Any paleontologicalresource found or located upon any land owned by the state or its political subdivisions may not<br>be destroyed, defaced, altered, removed, or otherwise disposed of in any manner without<br>approval of the state geologist.The state geologist shall determine the significance of thepaleontological resource to the understanding of the paleontologic and geologic history of North<br>Dakota. It is the responsibility of the state and its political subdivisions to cooperate with the state<br>geologist in identifying and implementing any reasonable alternative to destruction or alteration of<br>any paleontological resource.Page No. 154-17.3-07. Transfer of paleontological resources. The state geologist may exchangewith or transfer to universities, colleges, governmental bodies, and scientific institutions duplicate<br>paleontological resources it holds. The state historical society must receive preference for the<br>receipt of duplicate paleontological resources.54-17.3-08.Violation of sections 54-17.3-01 through 54-17.3-08 - Penalty.Anyperson violating any provision of sections 54-17.3-01 through 54-17.3-08 is guilty of a class B<br>misdemeanor and shall forfeit to the state all paleontological specimens discovered by the<br>violator at that site. Any such violation is considered to have been committed in the county<br>where the exploration, collecting, or excavation for paleontological resources was undertaken.Page No. 2Document Outlinechapter 54-17.3 paleontological resource protection]]>