A person may not destroy, damage, or remove a living or dead tree, shrub, or vegetation; disturb any earth, rocks, minerals, natural formations, or cultural resources; or destroy, damage, or remove skulls or other parts of animal carcass located on lands owned or leased by the department without written permission from the secretary or a designated agent. However, a person participating in religious activities in Bear Butte State Park or on department land owned or leased adjacent to the Missouri River may use grasses and forbs taken from these lands for ceremonial purposes. For purposes of this rule, a cultural resource includes historic properties, archaeological resources, and Native American cultural items (including human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony, as defined in the Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. § 3001, as amended through February 2, 2009).

Source: SL 1975, ch 16, § 1; 6 SDR 96, effective April 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 23 SDR 142, effective March 17, 1997; 28 SDR 129, effective March 18, 2002; 35 SDR 253, effective May 13, 2009; 43 SDR 89, effective December 29, 2016.

General Authority: SDCL 41-2-18(4) , 41-17-1.1(1)(3).

Law Implemented: SDCL 41-2-18(4) , 41-17-1.1(1)(3).

Prior versions effective: 2009-05-13.