N.D. Admin. Code Title 40 — Historical Board

Article 40-01 General Administration

Chapter 40-01-01 Organization of Board [Repealed]

N.D. Admin. Code 40-01-01 Organization of Board [Repealed]

ARTICLE 40-01

GENERAL ADMINISTRATION

Chapter 40-01-01Organization of Board [Repealed] 40-01-02Establishment of Membership in the State Historical Society of North Dakota 40-01-03Deaccession and Disposal of Collections

CHAPTER 40-01-01

ORGANIZATION OF BOARD [Repealed pursuant to North Dakota Century Code Section 28-32-18.1]

Chapter 40-01-02 Establishment of Membership in the State Historical Society of North Dakota

N.D. Admin. Code 40-01-02-01 Classes of membership established

1.There shall be the following classes of membership in the state historical society of North Dakota:

a.Basic.

b.Family.

c.Honorary.

2.Membership shall be for a period of one year renewable on a monthly basis.

N.D. Admin. Code 40-01-02-02 Qualifications for membership in the various classes defined

1.Basic membership requires payment of a membership fee of ten dollars for United States residents and fifteen dollars for residents of other countries.

All organizational subscribers, exchanges, and former life members will receive a basic membership. All subscribers at the time membership is established will receive a basic membership to be extended through the term of their subscription.

2.Family membership requires payment of a membership fee of twenty-five dollars.

3.Honorary membership is recognition by the state historical board of a major contribution to the preservation and interpretation of the history of North Dakota in any form.

N.D. Admin. Code 40-01-02-03 Benefits of various classes of membership outlined

1.Basic membership benefits are subscription to North Dakota History, Plains Talk, a membership card, invitations to special events, and an invitation to the annual meeting.

2.Family membership benefits are basic benefits plus free admission for all family members to state historic sites and museums, a membership card, museum store and workshop discounts, invitations to special events, and an invitation to the annual meeting.

3.Honorary membership benefits are basic member benefits.

N.D. Admin. Code 40-01-02-04 Transfer of membership

In lieu of a membership program established under sections 40-01-02-01, 40-01-02-02, and 40-01-02-03, the state historical society may transfer its public membership program to the state historical society of North Dakota foundation by cooperative agreement.

History

• History: Effective May 1, 1991.

Chapter 40-01-03 Deaccession and Disposal of Collections

N.D. Admin. Code 40-01-03-01 Definitions

As used in this chapter, unless the context otherwise requires:

1."Analysis" means any activity that requires Indian human skeletal remains and associated grave goods to be touched by any person other than appropriate Indian spiritual leaders appointed by their respective tribal government. The term "analysis" includes identification.

2."Associated grave goods" means all objects, which shall generally include all items believed to have been interred with human skeletal remains, including, but not limited to, projectile points, knives, scrapers, articles of clothing, ornaments, beads, and religious items such as pipes, stones, dishes and pottery, feathers, and any item within the physical anthropology collection so identified by the intertribal reinterment committee.

3."Deaccession" means the process of permanently removing articles from the collections of the state historical society of North Dakota; it involves state historical board action, records management procedures, and disposal of the articles.

4."Director" means the director of the state historical society as set forth in North Dakota Century Code section 55-02-01.

5."Duly designated representative" means any person who is so appointed by the person's respective tribal government and can provide written documentation of such appointment.

6."Federal custodian" means the federal agency which manages lands owned by the United States government and from which human skeletal remains and associated grave goods have been recovered.

7."Intertribal reinterment committee" means that committee comprised of representatives appointed by each tribal government to represent their respective tribe in matters related to the deaccession and reinterment of human skeletal remains and associated grave goods.

8."Tribally identified articles" means human skeletal remains and associated grave goods for which tribal affiliation has been determined.

N.D. Admin. Code 40-01-03-02 General method of deaccession and disposal - Exception

With the exception of those articles constituted by human skeletal remains and associated grave goods, the state historical board may deaccession articles from its collections upon the assessment of the director. The director, in making such an assessment to deaccession articles, shall also discuss the method of disposal. Methods of disposal must be as follows:

1.In the case of donated articles, unless other conditions are specified in a deed, gift, or other conveyance, deaccessioned articles will first be offered back to the donor if the donor is alive.

2.Articles may be transferred to another educational institution through gift, or exchange for other articles, or purchase by that institution.

3.Articles inappropriate to the collecting policy of the state historical board and other articles of no value to the state historical society or other institutions may be physically destroyed.

4.Articles of monetary value may be sold or traded for articles of similar value.

N.D. Admin. Code 40-01-03-03 Records of deaccession

A permanent record will be kept of all articles deaccessioned in accordance with section 40-01-03-02.

N.D. Admin. Code 40-01-03-04 Deaccession of human skeletal remains and associated grave goods

Human skeletal remains and associated grave goods are recognized as a distinct collection category exempt from the general method of deaccession and disposal prescribed in sections 40-01-03-02 and 40-01-03-03. Human skeletal remains and associated grave goods included in the categories enumerated in section 40-01-03-06 must be deaccessioned and permanently removed from the state historical society's collections, and disposed of in accordance with sections 40-01-03-06 and 40-01-03-07, at the direction of the state historical board.

An exit inventory must be conducted to verify and record the items to be deaccessioned.

The inventory must be conducted by a representative of the state historical board, the state historical society director or director's designees, and the intertribal reinterment committee or its designees.

The exit inventory must list by description the items being deaccessioned. With the consent of the intertribal reinterment committee, it may include photography, replication, measuring, and weighing of any associated grave good.

The inventory must be conducted in such a manner to honor and respect the religious beliefs and ceremonies of the tribes, in accordance with the requirements set forth by the spiritual leader designated by the intertribal reinterment committee.

N.D. Admin. Code 40-01-03-05 Donor consent

The state historical society shall endeavor to secure the written consent of all living donors and federal custodians of human skeletal remains and associated grave goods in its collections to release all such articles for reinterment. In those instances wherein such written consent is secured, and, in the case of donated articles, if no response is received from a donor within a period of thirty days from the date of mailing of the consent request, those human skeletal remains and associated grave goods involved in such consent requests must be released for reinterment, with timely notice of such authorized release having been given to the appropriate tribal entity, as specified in section

N.D. Admin. Code 40-01-03-06 In those instances wherein a donor or a federal custodian initially denies consent to the release of any or all of the human skeletal remains and associated grave goods involved in the respective consent request, the state historical society shall immediately, upon receiving such denial of consent in each instance, notify the intertribal reinterment committee of the denial and, upon request, provide said committee with information relative to the reason for the denial, which information must also include the name and address of the donor or federal custodian denying consent. In each such instance of an initial denial of consent, the state historical society shall continue to maintain in its collections the human skeletal remains and associated grave goods at issue, until such time as written consent to release for reinterment is secured. This does not otherwise abridge any other custodial or contractual obligations of the society

N.D. Admin. Code 40-01-03-06 Release of human skeletal remains and associated grave goods

Human skeletal remains and associated grave goods included in the following categories must be deaccessioned and released to the appropriate tribal entity for reinterment on Indian lands:

1.Those recovered from lands and other properties of the state of North Dakota and of its political subdivisions.

2.Those received from donors who are deceased.

3.Those for which donor or federal custodian consent has been secured to release for reinterment.

4.Those for which donors do not respond to consent request letters within the prescribed thirty-day period.

Tribally identified articles must be released to a duly designated representative of the respective tribal government. Those articles not tribally identified must be released to an official representative of the intertribal reinterment committee.

N.D. Admin. Code 40-01-03-07 Security and coordination

Until such time as the human skeletal remains and associated grave goods in the state historical society's collections are released for reinterment, all such articles must be secured and continuously restricted from access by any person, except as provided in section 40-01-03-04. No analysis may be conducted on articles at any time prior to release, including the period involving the preparation for the articles' release except as provided in section 40-01-03-04. After the release and reinterment of such articles, the state historical society may not conduct, participate in, or finance any subsequent disinterment of any of these articles. The North Dakota Indian affairs commission must be informed of all actions of the society in carrying out activities related to the deaccession and release of human skeletal remains and associated grave goods.

Article 40-02 Archaeology and Historic Preservation

Chapter 40-02-01 State Historic Sites Registry

N.D. Admin. Code 40-02-01-01 Definitions

The terms used throughout this title have the same meaning as in North Dakota Century Code

chapter 55-10, except:

1."Board" means the state historical board as defined in North Dakota Century Code section 55-01-01.

2."Committee" means the committee on archaeology and historic preservation of the board as defined in North Dakota Century Code section 55-01-01.

3."Criteria" means the written standards used by the board to determine that a site possesses historical value as defined in North Dakota Century Code section 55-10-02.

4."Director" means the director of the state historical society of North Dakota as defined in North Dakota Century Code section 55-02-01.

5."Division" means the division of archaeology and historic preservation of the state historical society.

6."Meeting" means an officially called meeting of the board as defined in North Dakota Century Code section 55-01-03.

7."Nomination" means a written statement describing the physical condition and historical value of a property.

8."Originator" means the individual who prepared the nomination.

9."Petition" means a written statement describing a property's loss of historical value.

10."Registry" means the state historic sites registry as defined in subsection 4 of North Dakota Century Code section 55-10-02.

N.D. Admin. Code 40-02-01-02 Relationship between registry and national register of historic places

The registry should not be confused with the National Register of Historic Places. A property listed in the registry may also, but will not necessarily, be listed or determined eligible for listing in the National Register of Historic Places. Only when registry properties are also listed or determined eligible for listing in the National Register of Historic Places do the federal programs or regulations related to such listing apply to registry properties.

N.D. Admin. Code 40-02-01-03 Criteria for listing properties in the registry

The state historical board shall consider historic and prehistoric sites, structures, buildings, objects, neighborhoods, networks, and cultural landscapes eligible for inclusion in the registry if it can be demonstrated that:

1.They have been associated with and now illustrate, recall, or characterize one or more of the following:

a.Individuals;

b.Groups;

c.Events;

d.Processes;

e.Institutions;

f.Movements;

g.Lifeways;

h.Folkways;

i.Ideals;

j.Beliefs; or

k.Other patterns or phenomena that had a significant influence on or are important reflections of the prehistoric or historic development or identity of the state, or of a region, community, or cultural group within the state, or;

2.They are distinctive or they distinctively illustrate one or more of the following:

a.Architectural styles;

b.Building types;

c.Types or methods of construction;

d.Vernacular, popular, or traditional building design;

e.Landscape architecture;

f.Urban design or planning;

g.Works of significant architects, designers, builders, or planners;

h.Monumental sculpture; or

i.Industrial, technological, or engineering design, or other architectural, aesthetic, or engineering expressions that characterize, are unique to, possess special artistic or aesthetic values for, or had an important influence on the historic or prehistoric community, or cultural group for which they were created, or;

3.They contain information about or evidence of one or more of the following historic or prehistoric:

a.Events;

b.Processes;

c.Institutions;

d.Design;

e.Construction;

f.Settlement;

g.Migration;

h.Ideals;

i.Beliefs;

j.Lifeways; or

k.Folkways, or other facets of development and cultural systems that are known or established likely to be important to professional or public knowledge or understanding of earlier cultures or cultural systems or of the development of the state or of regions or communities within the state, and;

4.They possess integrity of form, material, and setting, generally retaining those historic characteristics such as:

a.Physical features;

b.Evidence of workmanship;

c.Fabric;

d.Location; and

e.Surroundings that convey, support, represent, or contain values and qualities for which they are judged significant.

N.D. Admin. Code 40-02-01-04 Documentation of significance

Any state agency, department, municipality, county, school district, or other governmental subdivision or private organization or individual may prepare and submit nominations of properties to the registry. All nominations prepared shall be submitted to the division. It is the division's responsibility to review all nominations to assure that they contain adequate documentation upon which the board makes decisions. Nominations which are not adequately documented are returned within fifteen days of receipt with an explanation of deficiencies, and no further action is taken until adequate documentation is provided. Adequate documentation includes:

1.Name and address of the originator and the organization, institution, or governmental entity, if any, which requested or directed the nomination to be prepared.

2.Legal boundary description of the property.

3.Physical description of the property.

4.Explanation of the physical changes made to the property and when such changes occurred.

5.Statement of historic, architectural, archaeological, cultural, or other significance which indicates the property meets the criteria.

6.Eight-inch by ten-inch [20.32-centimeter by 25.4-centimeter] black and white photographs of the property, both interior and exterior if the property is a building, as necessary and appropriate to provide accurate evidence of its existing condition. In the case of properties covering an extremely large area, an aerial photo series, composite aerial photographs, or other method of photo documentation necessary to illustrate existing conditions are acceptable in lieu of, or in addition to, eight-inch by ten-inch [20.32-centimeter by 25.4-centimeter] black and white photographs.

7.Names and addresses of property owners of record.

N.D. Admin. Code 40-02-01-05 Notification of pending review

The division provides notification not less than sixty days prior to the meeting at which the property is reviewed. The board will not review nominations submitted unless the notification procedures outlined in this section have been followed.

1.Notification is made as follows:

a.Written notification by registered mail to the private property owners.

b.For state-owned properties, written notification by registered mail to the state agency head having jurisdiction over the property.

c.For properties occupied but not owned by the state, written notification to the state agency head occupying the property.

d.Written notification to the chief elected official of the political jurisdiction in which the property is located.

e.News releases sent to a wire service in the state and to at least one newspaper of general circulation in the area in which the property is located.

2.Notification information includes:

a.Name of the property.

b.Legal boundary description of the property except that archaeological properties will be located only by range, township, and section.

c.A summary statement of the property's significance.

d.Invitation to attend the meeting at which the property is reviewed.

e.Invitation to provide written comments in support of or opposition to the nomination.

f.The place, date, and time of the meeting.

g.A concise statement of the legal implications of registry listing.

h.Name and address of the originator and the organization, institution or governmental entity, if any, which requested or directed the nomination to be prepared.

History

• Law Implemented: NDCC 44-04-19, 44-04-20

N.D. Admin. Code 40-02-01-06 Procedures for reviewing nominated properties

Procedures include:

1.Mailing by the division to the board of the nomination not less than ten days prior to each meeting.

2.Review of the nomination by the committee prior to the meeting.

3.Recommendations by the committee to the board regarding each property being nominated.

Recommendations fall into one of the following categories:

a.Recommend for inclusion in the registry.

b.Not recommended for inclusion in the registry.

c.Return nomination to the originator for further research or additional information.

d.Recommend for inclusion with qualifications. Qualifications will ordinarily be limited to changes in boundary definition.

4.The board provides any person in attendance at the meeting an opportunity to comment upon the nominations under consideration.

5.At the request of the committee, members of the division staff attend the meeting to answer questions.

6.The board may accept, reject, or amend committee recommendations, but shall vote on each nomination presented during the meeting, except that any nominations presented but not voted upon due to the lack of a quorum of voting members shall be presented to the board at its next scheduled meeting and reviewed and acted upon prior to any more recently received nomination.

7.Nominations of properties returned by board action to the originator for further research, additional information, or changes in boundary definition shall, if resubmitted, be considered new nominations and subject to all procedures outlined in this chapter.

History

• General Authority: NDCC 28-32-01, 28-32-02, 44-04-19

N.D. Admin. Code 40-02-01-07 Notification of action taken

Not more than fifteen days following board action on a nomination, the division shall provide written notification of action taken to those property owners, governmental officials, and to the general public as outlined in subsection 1 of section 40-02-01-05.

History

• General Authority: NDCC 55-02-01

N.D. Admin. Code 40-02-01-08 Publication and distribution

No later than January 31, 1986, the society shall publish and distribute the North Dakota State Historic Sites Registry, and shall annually thereafter publish, as necessary, any updates to that publication. The publication must, at a minimum, include:

1.A list of all properties in the registry as of the last day of the November preceding.

2.A brief statement of the significance of each property listed.

3.The location of each property, except that archaeological properties will be located only by range, township, and section.

4.The portions of the North Dakota Century Code and of the board's policies and procedures relating to the registry.

History

• General Authority: NDCC 55-10-02
• Law Implemented: NDCC 54-24-09, 55-10-02(4)

N.D. Admin. Code 40-02-01-09 Removal of properties from registry

The board may remove properties from registry listing when the features or characteristics for which the property was determined to meet the criteria have been substantially lost or destroyed. The requirements for documentation, review, and action taken are substantively the same whether the board initiates removal proceedings or whether removal proceedings have been initiated by petition.

Petition for removal can be made by any state agency, department, municipality, county, school district, or other governmental subdivision or private organization or individual by submitting an adequately documented petition to the division. Petitions which are not adequately documented are returned within fifteen days of receipt with an explanation of deficiencies, and no further action is taken until adequate documentation is provided.

1.Adequate documentation includes:

a.Names and addresses of the petitioners.

b.Name of the property and its legal boundary description as listed in the registry.

c.Description of any physical changes made to the property after its listing in the registry.

d.Eight-inch by ten-inch [20.32-centimeter by 25.4-centimeter] black and white photographs of the property, both interior and exterior if the property is a building, sufficient to illustrate physical changes made after its listing in the registry. In the case of properties covering an extremely large area an aerial photo series, composite aerial photographs, or other method of photo documentation necessary to illustrate changes are acceptable in lieu of, or in addition to, eight-inch by ten-inch [20.32-centimeter by 25.4-centimeter] black and white photographs.

e.Names and addresses of property owners of record.

f.Statement of why the property no longer meets the criteria upon which its listing in the registry was based.

2.Procedures following receipt by the division of an adequately documented petition include:

a.Review of the petition by the board at its first meeting held not less than ninety days following receipt of the petition by the division.

b.Not less than sixty days prior to the meeting at which the board reviews the petition the division notifies in writing the petitioner, originator, property owner, and the chief elected official of the political jurisdiction in which the property is located of the substance of the petition, the place, date, and time of the meeting, and invites their written comment and attendance at the meeting.

c.Not less than sixty days prior to the meeting at which the board reviews the petition the division submits a news release outlining the substance of the petition to a wire service in the state and to at least one newspaper of general circulation in the area in which the property is located.

d.Not less than ten days prior to the meeting at which the board reviews the petition the division mails the petition to the board.

e.The committee makes recommendations to the board regarding action to be taken on the petition.

Recommendations fall into one of the following categories:

(1)Removal of the property from the registry.

(2)Continued listing of the property on the registry.

(3)Return petition to the petitioner for additional information.

f.The board allows any person in attendance at the meeting an opportunity to comment upon the petition under consideration.

g.The board shall vote on each petition presented during the meeting, except that any petition presented but not voted upon due to the lack of a quorum of voting members shall be presented to the board at its next scheduled meeting and reviewed and acted upon before taking action on any more recently received petition.

h.Petitions returned by board action to the petitioner for additional information shall, if resubmitted, be considered new petitions and subject to all procedures set forth in

section 40-02-01-09.

i.Not more than fifteen days following board action on a petition the division shall provide written notification of action taken to the petitioner, originator, property owner, chief elected official, a wire service in the state, and one newspaper of general circulation in the area in which the property is located.

History

• General Authority: NDCC 55-10-10

N.D. Admin. Code 40-02-01-10 Alteration or demolition of registry properties

Any state department or agency or any city, county, school district, or other body corporate and politic must notify the director of, and receive the director's written approval for, any of the governmental bodies' proposed actions which would result in the alteration or demolition of registry properties.

1.Notification to the director shall include:

a.Name and address of the property.

b.A description of the proposed action.

c.Reasons for proposing the action.

d.A copy of any building inspector, fire marshal, workforce safety and insurance, planning department, or other official inspection or planning report which forms the basis for proposing the action.

e.An assessment of all alternatives considered in reaching the decision to propose alteration or demolition, and the reasons for rejecting those alternatives.

f.A copy of any supporting documentation, such as architect's plans and specifications, which graphically explains the result of the proposed action if approved by the director.

2.Proposed alterations which would not, in the director's opinion, jeopardize the property's registry status may be approved by independent action of the director.

3.The director shall notify the board of any proposed demolition of a registry property, and of any proposed alteration of a registry property if such alteration would result in the alteration to or destruction of those features or characteristics for which the property was determined to meet the criteria. The director shall schedule board review of such proposed demolition or alteration at any regular meeting of the board which is held not later than one hundred fifty days after the director's receipt of notification of proposed demolition or alteration. The director shall notify the governmental body proposing alteration or demolition of the date, time, and place of board review, but immediately shall initiate any studies, inspections, meetings, and negotiations with that governmental body in order to identify and implement any reasonable alternatives to alteration or demolition of the property.

History

• History: Effective March 1, 1986.
• General Authority: NDCC 55-10-08(1), 55-10-08(2)
• Law Implemented: NDCC 55-10-08(2)

Chapter 40-02-02 Permit for Cultural Resource Investigation

N.D. Admin. Code 40-02-02-01 Definitions

The terms used throughout this title have the same meaning as in North Dakota Century Code

chapter 55-03, except:

1."Board" means the state historical board as defined in North Dakota Century Code section 55-01-01.

2."Contractor" means any person, real or corporate, who performs cultural resources work for profit or cost reimbursement on behalf of a project sponsor.

3."Cultural resources work" means all of those processes, procedures, and efforts normally construed by state and federal regulations as necessary for the conduct of investigations, evaluations, or mitigation of adverse effects of proposed projects to historic buildings, structures, or objects, including preproject planning, planning, execution, and reporting of results.

4."Direct supervision" means active supervision of field and office/laboratory activities by a qualified individual at least seventy-five percent of the time expended for those activities as documented by project records.

5."Director" means the director of the state historical society of North Dakota as set forth in North Dakota Century Code section 55-02-01.

6."Instrumentality of the state" means all agencies, departments, boards, and commissions, and all political subdivisions, of state government.

7."Permit application fee" means the payment for an annual permit required to conduct cultural resources work.

8."Project sponsor" means any person, real or corporate, including agencies, departments, companies, nonprofit corporations, corporations, instrumentalities of government, partnerships, political subdivisions, or institutions, which pays for cultural resources work projects.

9."Report filing fee" means the payment required to accompany a cultural resources work report by a contractor which is deposited with the state historical board of North Dakota, and which report will subsequently be considered in review of proposed projects considered under the laws and regulations described in North Dakota Century Code section 55-03-01.

N.D. Admin. Code 40-02-02-02 Application for permit - Fee

All applications for permits issued under North Dakota Century Code section 55-03-01 must be made on forms available from:

Director State Historical Society of North Dakota North Dakota Heritage Center Bismarck, ND 58505 Instructions for completion of forms, a list of supporting documentation required, and copies of standards established by the board for the conduct and reporting of cultural resource work projects are also available on request.

All applications for permit must be accompanied by a check made payable to:

State Historical Society of North Dakota.

An application for permit form is attached hereto, incorporated by reference, and labeled Appendix A.

N.D. Admin. Code 40-02-02-03 Waiver of permit application fee

The director may waive the annual permit application fee required by North Dakota Century Code

section 55-03-01 if the applicant is an instrumentality of the state and if the complete and acceptable application is accompanied by a letter from the chief administrative officer of the instrumentality requesting waiver of the permit fee.

N.D. Admin. Code 40-02-02-04 Waiver of report filing fee

Reports of cultural resources work conducted under a permit issued pursuant to North Dakota Century Code section 55-03-01 and filed by a permittee on behalf of a nonprofit corporation formed under North Dakota Century Code chapters 10-24 through 10-28 need not be accompanied by a report filing fee payment if notification that the project sponsor is a nonprofit corporation is provided at the time of filing.

N.D. Admin. Code 40-02-02-05 Professional qualifications - Exceptions

All activities performed under a permit issued pursuant to North Dakota Century Code chapter 55-03 must be conducted by or under the direct supervision of a professionally qualified individual.

Evaluations of archaeological, architectural, historical, or paleontological resources must be made by an individual professionally qualified in that particular discipline. The minimum professional qualifications are:

1.Archaeology. A graduate degree in archaeology, anthropology, or closely related field plus all of the following:

a.At least one year of full-time experience or equivalent specialized training in archaeological research, administration, or management.

b.At least four months of supervised field and analytic experience in general North American archaeology.

c.A demonstrated ability to carry research to completion, usually documented through the completion of reports of such work.

In addition to the above minimum qualifications, a professional in prehistoric archaeology must have at least one year of full-time experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology must have at least one year of full-time experience at a supervisory level in the study of archaeological resources of the historic period.

2.Architectural history. A graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history with concentration in American architecture; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one of the following:

a.At least two years of full-time experience in historic structures survey and research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution or private company.

b.A documentably substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.

3.History. A graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following:

a.At least two years of full-time experience in historical or closely related field research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, other professional institution, or private company.

b.A documentably substantial contribution through research and publication to the body of scholarly knowledge in the field of history.

4.Paleontology. A graduate degree in paleontology or closely related field plus all of the following:

a.At least one year of full-time experience or equivalent specialized training in paleontological research, administration, or management.

b.At least four months of supervised field and analytic experience in general North American paleontology.

c.A demonstrated ability to carry research to completion, usually documented through the completion of reports of such work.

Exceptions to these minimum qualification standards may be granted by the director after receipt, review, and acceptance of documentation of an individual's ability to plan, execute, and report such activities within a discipline. Such documentation will usually consist of reports describing such work previously completed by the applicant, and which would be acceptable by all standards other than those of professional qualifications.

History

• Law Implemented: NDCC 55-03-02

N.D. Admin. Code 40-02-02-06 Revocation of permit - Grounds

A permit issued pursuant to North Dakota Century Code chapter 55-03 may be revoked when the director determines that the permittee has:

1.Allowed activities related to the permit to be performed without supervision by qualified personnel as defined in section 40-02-02-05, or by personnel whose credentials have not been filed with and approved by the director.

2.Filed inadequately documented reports or site forms.

3.Deliberately falsified data used in activities or reports related to activities conducted under the permit.

4.Failed to provide for storage and care of artifacts or excavation records from activities conducted under the permit.

5.Been convicted of participating in illegal activities related to obtaining or trafficking artifacts.

6.Misrepresented the permittee's credentials or qualifications, or that an academic degree which was used by the permittee to represent the permittee's qualifications upon application for permit has been revoked or withdrawn by the granting institution.

History

• Law Implemented: NDCC 55-03-03

N.D. Admin. Code 40-02-02-07 Revocation of permit - Procedure

When the director has determined that grounds exist to revoke a permit, the procedures set forth in North Dakota Century Code section 28-32-05 must be followed.

Appendix A APPLICATION FOR PERMIT RELATED TO NORTH DAKOTA CENTURY CODE SECTIONS 55-03-01 OR 55-03-01.1

1.Applicant's Name: ___________________Tel. #( )___Ext. Business Address: ___________State_____Zip

2.The applicant is an (check one): ___ individual/ ___ organization/ ___ institution/ ___ company/ ___ instrumentality of the state of North Dakota.

3.On a separate sheet of paper, or by attachment of a prospectus, describe the following as available to the applicant:

a.Support facilities and personnel (include lab. as appropriate).

b.Artifact storage facilities or storage agreements. 4.a.List the name(s) and area(s) of expertise of all individuals the applicant will utilize to perform supervisory or in-office evaluation work, or both, conducted under the permit applied for here (use continuation sheets as necessary):

b.Attach a standard vita for each individual listed at 4a, above.

c.List the name(s) of any individual(s) noted at 4a, above, for whom the applicant requests an exception to the minimum professional qualifications described at North Dakota Administrative Code (NDAC) section 40-02-02-05 (use continuation sheets as necessary): For each individual so listed, enclose documentation to justify the exception requested.

5.Type of permit applied for (check one): __ a.Annual permit required by North Dakota Century Code (NDCC) section 55-03-01 for activities related to satisfaction of state or federal review and compliance procedures. __ b.One-time permit required by NDCC section 55-03-01.1 for activities related to research to be conducted on land owned by an instrumentality of the state and not related to review and compliance procedures.

6.Enclose with this application one of the following as appropriate (check which enclosed): __ a.Annual permit fee ($50.00). __ b.One-time permit fee ($100.00). Also enclose a description of the legal location, the SITS number, and a copy of the research design for the activities proposed to be conducted under this permit. __ c.Documentation described at NDAC section 40-02-02-03. (For annual permit only.)

Permit fees must be made by check payable to: "State Historical Society of North Dakota."

One-time permits granted will cover only those activities described in the research design submitted (6b, above).

7.Read and sign the following:

Application is herewith made for a permit related to NDCC section 55-03-01 or 55-03-01.1, which sections I have read and understand. The information provided above, and as attachments to this application, is correct and complete to the best of my knowledge. _______________________________ (Signature of applicant or authorized representative)

STATE OF )

COUNTY OF ) ss.

On this ___________ day of ______________ in the year of _______ before me personally appeared ___________________________ known to me to be the person who is described in and who executed the written instrument and acknowledged to me that the ___________________________________ executed the same. ______________________________ (SEAL) Notary Public My Commission Expires:

SHSND USE ONLY

Date received: ___________________ Reviewed by: ____________________Date reviewed: __________ Action taken: _____________________Date of action: __________ ________________________________

History

• Law Implemented: NDCC 55-03-03

Chapter 40-02-03 Protection of Prehistoric and Historic Human Burial Sites, Human Remains, and Burial Goods

N.D. Admin. Code 40-02-03-01 Definitions

The terms used throughout this chapter have the same meaning as in North Dakota Century Code

section 23-06-27, except:

1."Department" means the state department of health.

2."Director" means the director of the state historical society as set forth in North Dakota Century Code section 55-02-01, or the director's designated representative.

3."Duly designated representative" means any person who is so appointed by the respective tribal government and can provide written documentation of such appointment.

4."In situ" means in the human burial site per se or in the proximate area or vicinity of the human burial site.

5."Intertribal reinterment committee" means that committee comprised of representatives appointed by each tribal government to represent their respective tribe in matters related to the deaccession and reinterment of human remains and burial goods.

6."Qualified archaeologist" means an individual who meets the minimum qualifications defined in subsection 1 of section 40-02-02-05.

7."Society" means the state historical society of North Dakota.

8."Study" means the examination by a qualified archaeologist, with assistance from specialist, as necessary, of human burial sites, human remains, and burial goods, which examination is conducted in situ, when feasible, and consists exclusively of the following activities under the following circumstances:

a.In all instances, the taking of soil and flora samples as may be appropriate.

b.In those instances wherein the burial can be restored by backfilling, stabilization, and protection from further disturbance, the measurement and visual observation in place and written description of those visible human remains and burial goods uncovered by the disturbance of the burial to be completed as soon as practicable.

c.In those instances wherein the burial cannot feasibly be restored but must be disinterred completely and reinterred in another location and the examination can feasibly be conducted in situ, the visual observation and written description of the human burial site, the measurement and weighing of the human remains and burial goods after disinterment from the burial and the limited photographing of the burial site, human remains, and burial goods. Such photography is undertaken for the exclusive purposes of visual recording and research, and publication of these photographs is generally prohibited. The only exception to this general prohibition is the publication of closeup photographs of any physical anomalies present in the human remains.

d.In those instances wherein in situ examination is not feasible because certain contents of a human burial have been physically separated from the original burial site, those human remains and any burial goods that have been so separated are delivered to the society.

Upon their delivery, such human remains and burial goods are examined within the applicable scope of study as defined herein. As soon as practicable, a reasonable effort is made to locate the human burial site in which such human remains and any burial goods were originally interred. In the event that the original burial site is located, examination of such burial site, within the applicable scope of study as defined herein, is conducted as soon as practicable.

e.In those instances wherein in situ examination is not feasible because the immediate excavation of a human burial site is necessary and there is insufficient time for in situ examination, those human remains and burial goods that have been archaeologically excavated are delivered to and maintained at the society until the completion of the examination thereof within the applicable scope of study as defined herein. The excavation and study of a multiple burial is completed within a period of ninety days from the date on which the decision to excavate the human burial site is made by the department staff and the society staff. The excavation and study of a single burial is completed within a period of sixty days from the date on which the decision to excavate the human burial site is made by the department staff and the society staff. Extensions of such time periods may be granted with the consent of the intertribal reinterment committee in certain cases of Indian burials, including, but not limited to, those instances wherein weather conditions prevent completion of the work within the specified time period.

N.D. Admin. Code 40-02-03-02 Inadvertent disinterment - Protection of site

Repealed effective December 1, 1990.

N.D. Admin. Code 40-02-03-03 Inadvertent disinterment - Notification

Upon having received notification of the actual or potential disturbance or the discovery of a human burial site, human remains, or burial goods pursuant to either subsection 4 or subsection 5 of North Dakota Century Code section 23-06-27, the local law enforcement agency so notified shall, as soon as practicable, report the receipt of such notification to the society and to the department. Based upon the information received by the law enforcement agency from the person providing such notification, the agency shall additionally inform the society and the department of the exact location and state of the human burial site, human remains, or burial goods of which notification was received.

N.D. Admin. Code 40-02-03-04 Inadvertent disinterment - Study

Within a period of twenty-four hours, or as soon thereafter as practicable, from the time the department or the society has received notification from a local law enforcement agency pursuant to

section 40-02-03-03, the department staff and the society staff, or a qualified archaeologist designated thereby, or in the case of a historic burial, the specialist appointed by the department, shall commence the initial examination of any human remains which are the subject of the notification and undertake the following activities:

1.The human remains must be initially examined by the department and the society staff, or by a qualified archaeologist designated thereby, to determine the race and age of the remains, if possible, using relevant available and solicited information, e.g., plats, maps, records, interviews with landowners, and associated burial goods.

2.If a presumption as to race and age can be made based upon location, historical data and any associated burial goods, this information must be used to determine the disposition of the human remains by the staff of the department and the society. Disposition must be in accordance with applicable society and department statutes and rules.

3.In those instances wherein a burial site, human remains, and burial goods may constitute evidence in a potential criminal prosecution other than those described in North Dakota Century Code section 23-06-27, the burial site, human remains, and burial goods may be studied by any criminal forensic examination methods as may be required in the process of criminal investigation.

4.If it is determined by initial examination that the human remains are non-Indian, the remains may be further examined within the applicable scope of study as defined in section 40-02-03-01.

5.If it is determined by initial examination that the human remains are Indian, the remains may be further examined within the applicable scope of study as defined in section 40-02-03-01.

6.If it cannot be determined by means of such initial examination that the human remains are either Indian or non-Indian, it must be presumed that the human remains are Indian, based upon experience of the staff of the department and the society.

N.D. Admin. Code 40-02-03-05 Inadvertent disinterment - Restoration or reinterment

Whether or not the society intends to study a disturbed Indian burial site and its contents, the director shall provide timely notification of the disturbed burial to the duly designated representative of the intertribal reinterment committee. Within a period of twenty-four hours, or as soon thereafter as practicable, from the time of receipt of such notification, the representative shall make an inspection of the burial site. The representative shall then make a determination as to whether the burial can be adequately and safely restored and protected in situ or, in the alternative, the contents of the burial should be disinterred completely and reinterred in another location. Archaeological testing of a disturbed human burial site to determine its spatial limits and integrity is an acceptable activity under this section to reach such determination regarding restoration in place or disinterment of human remains and burial goods. Prior to the restoration or disinterment of the burial, the intertribal reinterment committee shall attempt to determine the tribal identity or affiliation of the human remains and any burial goods interred in the burial site.

If it is determined that the disturbed burial can be adequately and safely restored and protected in situ and any requisite consent of the private landowner has been secured, the intertribal reinterment committee shall, as soon as practicable and subsequent to the completion of any study conducted on the contents of the burial at the direction of the society, cause the burial to be backfilled, stabilized, and protected from further disturbance by the human activities or natural processes which caused the disturbance in the first instance.

If, on the other hand, it is determined that the in situ restoration of the burial is not feasible and any requisite consent of the private landowner has been secured, the intertribal reinterment committee shall, as soon as practicable and subsequent to the completion of any study conducted on the contents of the burial at the direction of the society, cause the disinterred human remains and any and all burial goods to be reinterred on Indian lands within the boundaries of the appropriate Indian reservation, as determined by the intertribal reinterment committee.

Each such restoration and reinterment shall provide an opportunity for appropriate tribal religious ceremony or ceremonies. The expenses inherent in each such restoration and reinterment activity must be exclusively and fully incurred by the appropriate tribal government, as determined by the intertribal reinterment committee.

The disinterment of the contents of a burial must be conducted under the supervision of a qualified archaeologist in accordance with the procedures inherent in a standard archaeological and contextual analysis within the applicable scope of study as defined in section 40-02-03-01.

N.D. Admin. Code 40-02-03-06 Planned disinterment - Notification

1.If a person, who plans to undertake any of the development activities enumerated in subsection 7 of North Dakota Century Code section 23-06-27, knows or has reason to believe that a human burial site may be disturbed by a development activity but does not have sufficient information to design the development to preserve the site or to prepare a scope-of-work for disinterment of human remains and burial goods, the person shall conduct archaeological tests. All of the following documentation must be filed with and approved by the department and the director prior to initiating such tests:

a.Description and location of the human burial site, including the site number, if any.

b.Copies of all site forms, descriptions, and technical reports related to the human burial site, unless already on file with the director or the department.

c.Description of the development activity which necessitates the proposed archaeological test.

d.A research design and scope-of-work for the proposed archaeological test.

e.The current credentials of a qualified archaeologist who has agreed to conduct the archaeological test.

f.A copy of a report describing the results of the test and an updated site form must be filed with the director and department before the development activity proceeds.

If any human remains or burial goods are discovered during the archaeological test, the testing must cease immediately and the director and the department must be notified of such discovery. The director and department, in consultation with the intertribal reinterment committee, will determine whether the test continues or is terminated.

2.If a person, who plans to undertake any of the development activities enumerated in subsection 7 of North Dakota Century Code section 23-06-27, desires to disinter and move human remains and any burial goods interred in a human burial site which is recorded with the state historical board or with the department, all of the following documentation must be provided to the department and to the director:

a.A description of the human burial site for which the disinterment action is proposed, including the site number, if any.

b.Copies of all site forms, descriptions, and technical reports related to the human burial site, unless already on file with the director or the department.

c.A description of the development activity which necessitates the proposed disinterment.

d.A statement justifying the need to disinter rather than avoid the human burial.

e.A research design and scope of work for the proposed disinterment, including coverage of excavation, study, expertise to be employed, and report preparation and dissemination considerations. All costs of excavation, disinterment, study and reinterment must be borne by the proposed developer. The intertribal reinterment committee shall arrange for and incur the costs inherent in the conduct of the appropriate tribal religious ceremony or ceremonies.

f.The current credentials of a qualified archaeologist who has agreed to conduct the work described in the research design and scope-of-work submitted, if not already on file with the director, or a commitment to obtain the services of such an individual and to submit that individual's credentials for approval by the director if not already on file with the director.

The information and notification must be provided to the director and to the department at least sixty days prior to the intended date of disinterment or the person will be deemed to be in violation of subdivision a of subsection 3 of North Dakota Century Code section 23-06-27.

This section is not applicable when evaluation and mitigation of adverse effects to cultural resources are provided for by other state and federal laws or regulations.

N.D. Admin. Code 40-02-03-07 Planned disinterment - Study

Within a period of twenty-four hours, or as soon thereafter as practicable, from the time each such notification of a planned disinterment of an Indian burial site is received by the director pursuant to

section 40-02-03-06, the director shall contact the intertribal reinterment committee for the purpose of giving notice to the committee of the planned disinterment and shall direct to the committee a copy of all documentation received pursuant to section 40-02-03-06.

As soon as practicable after receipt by the director of each such notification pursuant to section 40-02-03-06, the society, in conformity with the applicable requirement prescribed by subsection 7 of North Dakota Century Code section 23-06-27, shall cause the appropriate representatives of the society to commence negotiations with the person proposing disinterment in an effort to achieve the avoidance altogether of the human burial site at issue by the proposed development activity. Such negotiations must be conducted during a period no greater than sixty days from the date on which the director received notification pursuant to section 40-02-03-06. The director shall give to the intertribal reinterment committee reasonable notice of the prospective negotiations and said committee shall have the opportunity to consult with the director regarding such negotiations through appropriate representatives. Should negotiations fail within the sixty-day period and should the state historical board not choose to seek alternative judicial relief to enjoin the proposed disturbance of the burial at issue, the director, upon having determined that the documentation provided by the person pursuant to

section 40-02-03-06 is sufficient, shall direct written notification to the person that the proposed development through the location of the human burial at issue may proceed as planned; provided, however, that the development may not actually proceed through the location of such burial, until such time as the human remains and any and all burial goods interred in the burial site have been disinterred. Any person who otherwise proceeds to cause the disinterment of the burial at issue will be deemed to be in violation of subdivision a of subsection 3 of North Dakota Century Code section 23-06-27.

In those instances wherein such written notification has been directed by the director to the person proposing disinterment, the director shall thereafter notify the intertribal reinterment committee of any intent of the society to direct a qualified archaeologist to conduct a study of the human burial site and its contents. Should such intent be expressed by the director, the intertribal reinterment committee may make arrangements for the appropriate duly designated representative to accompany the representative of the society to the human burial site at the earliest practicable time.

Such duly designated representative may be present at the site of the burial throughout the course of the conduct of the study by the qualified archaeologist and may provide any necessary assistance in conjunction with the conduct of the study.

Subsequent to the completion of the conduct of any study, the qualified archaeologist who performed the study shall file a written report of the work completed and data recovered with the director, who shall direct a copy of said report to the intertribal reinterment committee.

N.D. Admin. Code 40-02-03-08 Planned disinterment - Reinterment

In those instances wherein a person has been authorized by the director to proceed with the proposed development as planned, as provided in section 40-02-03-07, the intertribal reinterment committee shall attempt to determine the tribal identity or affiliation of the human remains and any burial goods interred in the burial site at issue.

Thereafter, the intertribal reinterment committee shall, as soon as practicable and subsequent to the completion of any study conducted on the contents of the burial at the direction of the society, cause the disinterred human remains and any and all burial goods to be reinterred on Indian lands within the boundaries of the appropriate Indian reservation, as determined by the intertribal reinterment committee.

Each such reinterment shall provide an opportunity for appropriate tribal religious ceremony or ceremonies.

The disinterment of the contents of a burial must be conducted under the supervision of a qualified archaeologist in accordance with the procedures inherent in a standard archaeological and contextual analysis within the applicable scope of study as defined in section 40-02-03-01.

N.D. Admin. Code 40-02-03-09 Conflict with federal law

If any of the rules of this chapter conflict with controlling federal law, the controlling federal law will prevail and be applied in place of the conflicting rule.

History

• History: Effective December 1, 1990.