Sec. 34.04.03.16. Special Provisions and Procedures

A. Submerged Graves.

(1) If, in the course of activity permitted under these regulations, a person discovers human remains, an apparent grave site, or a war grave, the person shall do the following:

(a) Leave the remains undisturbed unless the remains are associated with a person who died in the course of diving operations;

(b) Immediately notify the appropriate law enforcement authorities and the State Underwater Archeologist or a representative of the Trust; and

(c) Suspend activity at the site until permitted to resume by the Trust.

(2) The State reserves the right to recover human remains for the purpose of study or reburial in accordance with any pertinent federal or State law and any pertinent international law, treaty, or agreement.

B. Disputed Claim of Private Ownership. If a person is conducting or is proposing to conduct activities that would require a permit under this chapter on lands that the person claims are privately owned, and the Trust disputes the claim of private ownership, the person may proceed with the proposed activities only if the Trust has not notified the person or alleged owner within 30 days of the date the dispute was first known of the Trust's intention to fully contest the claim.