North Carolina Statutes

Chapter 70 Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection

Article 1 - Indian Antiquities.

Article 2 - Archaeological Resources Protection Act.

  • § 70-10   Short title
    This Article shall be known as "The Archaeological Resources Protection Act." (1981, c. 904, s. 2.)
  • § 70-11   Findings and purpose
    (a) The General Assembly finds that: (1) Archaeological resources on State lands are an accessible and irreplaceable part of the State's heritage; (2) These resources...
  • § 70-12   Definitions
    As used in this Article, unless the context clearly indicates otherwise: (1) "Archaeological investigation" means any surface collection, subsurface tests, excavation, or other activity that...
  • § 70-13   Archaeological investigations
    (a) Any person may apply to the Department of Cultural Resources for a permit to conduct archaeological investigations on State lands. The application shall contain...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 70-18   Confidentiality
    Information concerning the nature and location of any archaeological resource, regardless of the ownership of the property, may be made available to the public under...
  • § 70-19   Cooperation with private individuals
    The Department of Cultural Resources shall take any action necessary, consistent with the purposes of this Article, to foster and improve the communication, cooperation, and...
  • § 70-20   Delegation of responsibilities
    If the Department of Administration and the Department of Cultural Resources agree, the responsibilities, in whole or in part, of the Department of Cultural Resources...
  • § 70-21 through 70-25   Reserved for future codification purposes

Article 3 - Unmarked Human Burial and Human Skeletal Remains Protection Act.

  • § 70-26   Short title
    This Article shall be known as "The Unmarked Human Burial and Human Skeletal Remains Protection Act." (1981, c. 853, s. 2.)
  • § 70-27   Findings and purpose
    (a) The General Assembly finds that: (1) Unmarked human burials and human skeletal remains are subject to vandalism and inadvertent destruction at an ever‑increasing rate;...
  • § 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,...
  • § 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,...
  • § 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...
  • § 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...
  • § 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...
  • § 70-33   Consultation with other individuals
    (a) If the professional archaeologist determines that the human skeletal remains are other than Native American, the State Archaeologist shall publish notice that excavation of...
  • § 70-34   Skeletal analysis
    (a) Skeletal analysis conducted under the provisions of this Article shall only be accomplished by persons having those qualifications expressed in G.S. 70‑28(5). (b) Prior...
  • § 70-35   Disposition of human skeletal remains
    (a) If the skeletal remains are Native American, the Executive Director, after consultation with an appropriate tribal group or community, shall determine the ultimate disposition...
  • § 70-36   Financial responsibility
    (a) The provisions of this Article shall not require that the owner of the land on which the unmarked human burials or human skeletal remains...
  • § 70-37   Prohibited acts
    (a) No person, unless acting under the provisions of G.S. 130‑198 through G.S. 130‑201, shall: (1) Knowingly acquire any human skeletal remains removed from unmarked...
  • § 70-38   Rule-making authority
    The North Carolina Historical Commission may promulgate rules and regulations to implement the provisions of this Article. (1981, c. 853, s. 2.)
  • § 70-39   Exceptions
    (a) Human skeletal remains acquired from commercial biological supply houses or through medical means are not subject to the provisions of G.S. 70‑37(a). (b) Human...
  • § 70-40   Penalties
    (a) Violation of the provisions of G.S. 70‑29 is a Class 1 misdemeanor. (b) Violation of the provisions of G.S. 70‑37(a) is a Class H...
  • § 70-41 through 70-45   Reserved for future codification purposes

Article 4 - North Carolina Archaeological Record Program.

  • § 70-46   Short title
    This Article shall be known as "The North Carolina Archaeological Record Program". (1991, c. 461, s. 2.)
  • § 70-47   Findings and purpose
    (a) The General Assembly finds that archaeological resources on private lands constitute the majority of the irreplaceable historic and prehistoric resources of the State. These...
  • § 70-48   Definitions
    As used in this Article, unless the context clearly indicates otherwise: (1) "Archaeological investigation" means any surface collection, subsurface tests, excavation, or other activity that...
  • § 70-49   The North Carolina Archaeological Record Program
    (a) The Department of Cultural Resources, Office of Archives and History shall establish the North Carolina Archaeological Record Program. The purpose of the Program shall...
  • § 70-50   Site Steward Program
    The Department of Cultural Resources may create and maintain a volunteer program for purposes of monitoring the condition of archaeological resources listed in the Record....
  • § 70-51   Archaeological investigations
    (a) Any person wanting to conduct an archaeological investigation on private land that is the site of an archaeological resource enrolled in the Record shall...
  • § 70-52   Rule-making authority
    The Department of Cultural Resources may adopt rules to implement this Article. (1991, c. 461, s. 2.)