§ 70-29. Discovery of remains and notification of authorities. - North Carolina Statutes

§ 70‑29.  Discovery ofremains and notification of authorities.

(a)        Any person knowingor having reasonable grounds to believe that unmarked human burials or humanskeletal remains are being disturbed, destroyed, defaced, mutilated, removed,or exposed, shall notify immediately the medical examiner of the county inwhich the remains are encountered.

(b)        If the unmarkedhuman burials or human skeletal remains are encountered as a result ofconstruction or agricultural activities, disturbance of the remains shall ceaseimmediately and shall not resume without authorization from either the countymedical examiner or the State Archaeologist, under the provisions of G.S. 70‑30(c)or 70‑30(d).

(c)       (1)        Ifthe unmarked human burials or human skeletal remains are encountered by aprofessional archaeologist, as a result of survey or test excavations, theremains may be excavated and other activities may resume after notification, bytelephone or registered letter, is provided to the State Archaeologist. Thetreatment, analysis and disposition of the remains shall come under theprovisions of G.S. 70‑34 and 70‑35.

(2)        If a professionalarchaeologist directing long‑term (research designed to continue for oneor more field seasons of four or more weeks' duration) systematicarchaeological research sponsored by any accredited college or university inNorth Carolina, as a part of his research, recovers Native American skeletalremains, he may be exempted from the provisions of G.S. 70‑30, 70‑31,70‑32, 70‑33, 70‑34 and 70‑35(c) of this Article solong as he:

a.         Notifies theExecutive Director within five working days of the initial discovery of NativeAmerican skeletal remains;

b.         Reports to theExecutive Director, at agreed upon intervals, the status of the project;

c.         Curates the skeletalremains prior to ultimate disposition; and

d.         Conducts nodestructive skeletal analysis without the express permission of the ExecutiveDirector.

Uponcompletion of the project fieldwork, the professional archaeologist, inconsultation with the skeletal analyst and the Executive Director, shalldetermine the schedule for the completion of the skeletal analysis. In theevent of a disagreement, the time for completion of the skeletal analysis shallnot exceed four years. The Executive Director shall have authority concerningthe ultimate disposition of the Native American skeletal remains after analysisis completed in accordance with G.S. 70‑35(a) and 70‑36(b) and (c).

(d)        The StateArchaeologist shall notify the Chief, Medical Examiner Section, Division ofHealth Services, Department of Health and Human Services, of any reported humanskeletal remains discovered by a professional archaeologist. (1981, c. 853, s. 2; 1997‑443,s. 11A.118(a); 2007‑484, s. 10(b).)