07 NCAC 04R .0716. CUSTODY OF RESOURCES UNDER THE TERMS OF A SPECIFIC PERMIT

(a)  The archaeological resources and associated records and data which are collected, excavated or removed from state lands under the terms of a Specific Permit shall remain the property of the State of North Carolina.  The location of all records, artifacts, or other materials cannot be changed from that approved in the permit without prior approval of the Secretary of the Department of Cultural Resources or his designee and the land controlling agency.  This restriction does not apply to temporary removal and relocation of artifacts or records for the purposes of scientific, historical, or educational research, nor for purposes of public display or education, so long as the artifacts or records remain under the direct control of and within the physical boundaries of the museum, university, or scientific or educational institution approved in the permittee's application.

(b)  All records and artifacts must be accessible for scientific, historical, or educational research, if access does not compromise the confidentiality of the nature and location of any archaeological resources or pose a risk of harm to the resources or site.  Access shall be determined by that person identified in Rule .0705(b)(13) of this Section.

(c)  Transfers or loans of records and artifacts between universities, museums, and scientific or educational institutions must be approved by the Secretary of the Department of Cultural Resources or his designee and the land controlling agency and must be preceded by demonstration that the receiving institution conforms to the conditions in this Rule.  In addition, the Secretary must have been provided the information outlined in Rule .0712(f) of this Section.

 

History Note:        Authority G.S. 70‑14;

Eff. February 1, 1985;

Amended Eff. June 1, 1989.