N.D. Admin. Code 40-02-03-07
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 40-02-03-07
General Authority: NDCC 28-32-02
Law Implemented: NDCC 23-06-27