NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 345

SENATE BILL 293

 

 

AN ACT TO AMEND CHAPTER 136 OF THE GENERAL STATUTES TO AUTHORIZE THE STATE HIGHWAY COMMISSION TO USE HIGHWAY FUNDS FOR THE SALVAGING OF ARCHAEOLOGICAL OBJECTS LOCATED WITHIN THE RIGHT OF WAY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 136 of the General Statutes is hereby amended by adding a new section to be designated G.S. 136-42.1 and to read as follows:

"§ 136-42.1.  The State Highway Commission is authorized to expend highway funds for reconnaissance surveys, preliminary site examinations and salvage work necessary to retrieve and record data and the preservation of archaeological and paleontological objects of value which are located within the right of way acquired for highway construction. The State Department of Archives and History shall be consulted when objects of scientific or historical significance might be anticipated or encountered in highway right of way and a determination made by that department as to the National, State, or local importance of preserving any or all fossil relics, artifacts, monuments or buildings. The State Department of Archives and History shall request advice from other agencies or institutions having special knowledge or skills that may not be available in the said department for the determination of the presence of or for the evaluation and salvage of prehistoric archaeological or paleontological remains within the highway right of way. The State Highway Commission is authorized to contract with the State Department of Archives and History and to provide funds necessary to perform reconnaissance surveys, preliminary site examination and salvage operation at those sites determined by the Department of Archives and History to be of sufficient importance to be preserved for the inspiration and benefit of the people of North Carolina. The State Department of Archives and History is authorized to enter into contracts and to make arrangements to perform the necessary work pursuant to this section. The State Department of Archives and History shall assume possession and responsibility for any and all historical objects and is authorized to enter into agreements with governmental units and agencies thereof, institutions, and charitable organizations for the preservation of any or all fossil relics, artifacts, monuments, or buildings."

Sec. 2.  G.S. 136-42 and G.S. 136-43 are respectively renumbered G.S. 136-42.2 and G.S. 136-42.3.

Sec. 3.  G.S. 121-2(8) is hereby amended to correct the reference to the statutes renumbered in Section 2 of this act by changing the last sentence of G.S. 121-2(8) to read as follows:

"The Department shall have all markers manufactured and when completed, each marker shall be delivered to the State Highway Commission for erection under the provisions of G.S. 136-42.2 and G.S. 136-42.3."

Sec. 4.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 10th day of May, 1971.