Section 312IAC22-2-1. Application

   (a) This article establishes standards for each of the following:

(1) Investigations.

(2) Scientific investigations.

(3) The accidental discovery or purposeful disturbance of archaeological sites and human remains on any property.

(4) The issuance of permits.

(5) Permit conditions required to satisfy IC 14-22-1 and this article.

  (b) A person must satisfy this article where:

(1) an investigation or scientific investigation is required;

(2) a permit must be issued or conditioned;

(3) the director issues an order to locate, identify, evaluate, recover, treat, or protect artifacts, burial objects, or burial grounds; or

(4) human remains require treatment or reburial.

  (c) Except as required by IC 14-21-1-27, this article does not apply to the following:

(1) Surface coal mining regulated under IC 14-34.

(2) Cemeteries and human remains subject to regulation under IC 23-14.

(3) Disturbing the earth for an agricultural purpose.

(4) Collecting any object, other than human remains that is visible in whole or in part on the surface of the ground, regardless of the time the object was made.

  (d) This article sets forth how the department shall protect human remains discovered as a result of an accidental discovery, the conduct of an investigation, the conduct of a scientific investigation, or a violation of IC 14-21-1. The department may, according to the context, condition, or nature of the discovery of the human remains, do any of the following:

(1) Take custody of the human remains.

(2) Assign or remand custody or ownership of the human remains to an institution that satisfies 312 IAC 22-3-9(f).

(3) Designate or prescribe the conditions or scheduling for the reburial of remains under 312 IAC 22-3-9(b).

(Natural Resources Commission; 312 IAC 22-2-1; filed Jun 21, 2001, 2:35 p.m.: 24 IR 3377; readopted filed Jul 19, 2007, 12:30 p.m.: 20070808-IR-312070192RFA; readopted filed Sep 19, 2013, 10:16 a.m.: 20131016-IR-312130184RFA)