CHAPTER 55-03
PROTECTION OF PREHISTORIC SITES AND DEPOSITS
55-03-00.1. Definitions.
1.
"Cultural resources" includes prehistoric or historic archeological sites, burial<br>mounds, and unregistered graves.
2.
"Mitigate adverse effect" includes:
a.
The process of making and preserving a record of the existence and scientific,<br>historical, architectural, engineering, educational, or aesthetic value of a cultural<br>resource, historic building, structure, or object.
b.
The
process
of
restoring,
rehabilitating,
reconstructing,
stabilizing,
or
preserving, through some other means, a cultural resource, historic building,<br>structure, or object.
55-03-01. Permit required to investigate, evaluate, or mitigate adverse effect on
cultural resources, historic buildings, structures, or objects - Application - Fee.
Any
person engaged in identifying, evaluating, or mitigating adverse effects on cultural resources,<br>historic buildings, structures, or objects on any lands in North Dakota, under section 106 of the<br>National Historic Preservation Act of 1966 [Pub. L. 89-665; 80 Stat. 915; 16 U.S.C. 470, as<br>amended by Pub. L. 91-243, Pub. L. 93-54, Pub. L. 94-422, and Pub. L. 94-458], 36 CFR 800, or<br>subdivision u of subsection 1 of section 38-14.1-14, shall obtain an annual permit from the<br>director of the state historical society. The permit application must be in the form prescribed by<br>the director. Each application must be accompanied by a filing fee of one hundred dollars. The<br>director may waive the fee requirement if the applicant is an instrumentality of the state.<br>Following issuance of the annual permit, the permittee shall submit to the state historical society<br>payment in the amount of fifty dollars with every cultural resources identification, evaluation, and<br>mitigation report submitted to the director in compliance with the federal and state statutory and<br>regulatory requirements identified in this section. A permittee submitting a report on behalf of a<br>nonprofit corporation formed under chapter 10-33 does not have to pay the fee for filing the<br>report.
55-03-01.1. Permit required to investigate, excavate, or otherwise record cultural
resources on land owned by an instrumentality of the state and to excavate cultural<br>resources on private land.
Any person engaged in the investigation, excavation, or other
recording of cultural resources on land owned by an instrumentality of the state or in the<br>excavation of cultural resources on private land for any purposes other than those identified in<br>section 55-03-01 first shall obtain a permit from the director. A permit may be granted only for<br>the investigation, excavation, or other recording of cultural resources at the locations described in<br>the application for permit. Each application must be accompanied by a fee of one hundred<br>dollars.
55-03-02. Contents of permit. A permit issued pursuant to an application made under
section 55-03-01 or 55-03-01.1 must clearly describe the purpose of the permit and must be in<br>the form prescribed by the director. A permit may not be granted until the director is satisfied that<br>the applicant is professionally qualified to conduct that work for which the permit is required.<br>When the cultural resources are on land owned by an instrumentality of the state, the permit may<br>not be granted until the applicant has agreed to deliver to the director all of the archaeological or<br>historical materials found and removed from the land. When the cultural resources are on private<br>land, the permit may not be granted until the applicant has agreed to deliver to the director all of<br>the human remains and burial goods, as defined in section 23-06-27, found and removed from<br>the land. A permit may not be granted until the applicant has agreed to deliver to the director<br>copies of all records and reports as determined by the director to be pertinent to the work<br>performed.
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55-03-03. Period for which permit granted - Revocation. Each permit issued under
section 55-03-01 terminates on December thirty-first of the year in which it is issued. Any permit<br>issued under section 55-03-01 or 55-03-01.1 may be revoked by the director at any time if it<br>appears that any identification, evaluation, or mitigation of adverse effects on cultural resources,<br>historic buildings, structures, or objects performed by the permittee are being conducted<br>negligently or improperly, or without regard for the careful preservation and conservation of the<br>artifacts and materials they contain.
55-03-04. Fees deposited in revolving fund - Use. All fees collected by the director
under sections 55-03-01 and 55-03-01.1 must be deposited in the revolving fund of the state<br>historical society and must be used by the director for making investigations of permit applicants<br>and for the management and analysis of records and artifacts submitted to the director under<br>sections 55-03-01, 55-03-01.1, and 55-03-02.
55-03-05. Landowner may explore on his own land. Repealed by S.L. 1989, ch. 307,
§ 7.
55-03-06. Archaeological or paleontological materials retained upon sale of land by
state or municipality. When land is sold, conveyed, transferred, or leased by the state of North<br>Dakota, or by any department or agency thereof, or by any municipal subdivision thereof, the title<br>to any and all archaeological or paleontological materials, whether such materials are found upon<br>the surface or below the surface of such land, must be retained by the state or by the municipal<br>subdivision thereof, as the case may be.
55-03-07. Violation of chapter - Penalty. Any person violating any provision of this
chapter is guilty of a class A misdemeanor and shall forfeit to the state all archaeological or<br>historical articles and materials discovered by the violator. Any such violation must be held to be<br>committed in the county where the exploration or excavation for archaeological or historical<br>material was undertaken.
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Document Outline
chapter 55-03 protection of prehistoric sites and deposits
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