North Dakota Administrative Code
Title 40 - Historical Board
Article 40-01 - General Administration
Chapter 40-01-03 - Deaccession and Disposal of Collections
Section 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.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 55-01-02(3)