Definitions

N.D.C.C. § 55-03-00.1 — under Protection of Prehistoric Sites and Deposits.

N.D.C.C. § 55-03-00.1

1. "Cultural resources" includes prehistoric or historic archaeological sites, burial mounds, and unregistered graves. 2. "Mitigate adverse effect" includes: a. The process of making and preserving a record of the existence and scientific, historical, architectural, engineering, educational, or aesthetic value of a cultural resource, historic building, structure, or object. b. The process of restoring, rehabilitating, reconstructing, stabilizing, or preserving, through some other means, a cultural resource, historic building, structure, or object.

55-03-01. Permit required to investigate, evaluate, or mitigate adverse effect on cultural resources, historic buildings, structures, or objects - Application - Fee. Any person engaged in identifying, evaluating, or mitigating adverse effects on cultural resources, historic buildings, structures, or objects on any lands in North Dakota, under 36 CFR 800 or any applicable state law, shall obtain an annual permit from the director of the state historical society. The permit application must be in the form prescribed by the director. Each application must be accompanied by a filing fee as determined by the director. The director may waive the fee requirement if the applicant is an instrumentality of the state. Following issuance of the annual permit, the permittee shall submit to the state historical society payment in the amount determined by the director with every cultural resources identification, monitoring report, evaluation, and mitigation report submitted to the director in compliance with the federal and state statutory and regulatory requirements identified in this section. A permittee submitting a report on behalf of a nonprofit corporation formed under chapter 10-33 does not have to pay the fee for filing the report.

55-03-01.1. Permit required to investigate, excavate, or otherwise record cultural resources on land owned by an instrumentality of the state and to excavate cultural resources on private land. Any person engaged in the investigation, excavation, or other recording of cultural resources on land owned by an instrumentality of the state or in the excavation of cultural resources on private land for any purposes other than those identified in section 55-03-01 first shall obtain a permit from the director. A permit may be granted only for the investigation, excavation, or other recording of cultural resources at the locations described in the application for permit. Each application must be accompanied by a fee as determined by the director, unless the director waives the fee.