North Dakota Administrative Code

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: Effective Ma…

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…

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,…

A permanent record will be kept of all articles deaccessioned in accordance with section 40-01-03-02. History: Effective September 1, 1989. General Authority: NDCC 28-32-02 Law Implemented: NDCC 55-01-02(3)

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 cate…

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 cons…

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 d…

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.…

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 p…

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 als…

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, …

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 di…

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: …

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.…

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: Effective Ju…

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 …

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…

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 demoliti…

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 perform…

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 …

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 t…

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…

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…

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 …

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. History: Effective January 1, 1985. General Authority: NDCC 28-32-02 Law Implemented: NDCC 55-03-03 4 Appendix A APPLIC…

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 …

Repealed effective December 1, 1990.

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 noti…

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 2 section 40-02-03-03, the department staff and the society staff, or a qualified arch…

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…

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 infor…

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 …

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 remain…

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: Effective December 1, 1990. 6 General Authority: NDCC 28-32-02 Law Implemented: NDCC 23-06-27 7…

1. History and function. The 1963 legislative assembly first provided for the North Dakota Indian scholarship board by a law codified as North Dakota Century Code chapter 15-63. 2. Board membership. Members of the North Dakota Indian scholarship board consist of an Indian appoint…

The North Dakota Native American scholarship board was established to provide scholarships to North Dakota resident students who are members of a federally recognized Indian tribe. Students may qualify through an application procedure established by the board. The board annually …

In accordance with North Dakota Century Code chapter 15-63, the following factors must be considered in the process used to determine eligibility of applicants: 1. An applicant must be an enrolled member of a federally recognized Indian tribe. 2. An applicant must be a resident o…

1. Applicants shall submit: a. A completed application form; b. Verification of tribal enrollment; c. The applicant's most recent transcript that shows a cumulative GPA, or its equivalent; d. A needs analysis form completed by a financial aid officer at the institution the applic…

1. Completed applications received by the application priority deadline must be given full and equal consideration when screening for eligibility for the scholarship. 2. Candidates for the scholarship must be assigned to one of two award categories as merit- based or need-based. …

1. Criteria used in determining award amounts are availability of funds, total number of eligible applicants, and career level of applicants. 2. Award amounts must be set by the board each academic year. 3. The award amount may be reduced to accord with an individual recipient's …

Repealed effective January 1, 2018.

1. Funds will be disbursed to the enrolling institution for eligible students upon verification of eligibility each academic term. 2. Payment may be made to students enrolled full time or to part-time enrolled students on a prorated basis. 3. Full-time enrollment is defined as tw…

Repealed effective April 1, 2024.

Repealed effective January 1, 2018.

1. A student who withdraws after receiving a payment for the student's scholarship shall refund or repay the scholarship according to the stated refund or repayment policy of the institution the student is attending. 2. If a student meets the eligibility criteria at the time of d…

1. Appeals relating to the North Dakota Native American scholarship should be directed to: Native American Scholarship Board Attn: North Dakota University System 600 East Boulevard Avenue, Dept. 215 Bismarck, ND 58505 2. Filing an appeal is not a guarantee of eligibility. 3. Cons…

1. History. The 1919 legislative assembly passed legislation, codified as North Dakota Century Code chapter 54-17, creating the industrial commission of North Dakota. The industrial commission was created to conduct and manage, on behalf of the state of North Dakota, certain util…