CHAPTER 55-01 State Historical Society

55-01-00.1. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Artifact” means an item that is produced, shaped, used, or selected by humans.
  2. “Board” means the state historical board.
  3. “Collections” means artifacts or documents acquired and preserved because of the potential value of the artifacts or documents as examples, reference material, or objects of aesthetic or educational importance.
  4. “Director” means the chief executive and administrative officer of the state historical society.
  5. “Society” means the state historical society of North Dakota.

Source:

S.L. 2001, ch. 503, § 17.

55-01-01. State historical board.

The board consists of twelve members, seven of whom are appointed by the governor. Each member appointed to the board must be a citizen and resident of the state. Appointments are for a term of three years from the first day of July to the thirtieth day of June of the third year or until a successor has been appointed and qualified. Vacancies occurring other than by the expiration of an appointive term must be filled by appointment for the remainder of the term only in the same manner as regular appointments. The remaining five members of the board are the secretary of state, director of the parks and recreation department, director of the department of transportation, commissioner of commerce, and state treasurer, each of whom may appoint a designee to attend meetings with full voting privileges. The board shall select from its membership a president, vice president, and secretary to serve as officers of the board.

Source:

S.L. 1895, ch. 70, § 1; R.C. 1895, § 152; R.C. 1899, § 152; S.L. 1905, ch. 25, § 1; R.C. 1905, § 240; C.L. 1913, § 380; S.L. 1915, ch. 169, § 1; 1925 Supp., § 380; R.C. 1943, § 55-0101; S.L. 1961, ch. 332, § 24; 1963, ch. 368, § 1; 1965, ch. 379, § 1; 1967, ch. 74, § 18; 1967, ch. 411, § 1; 1981, ch. 91, § 47; 1983, ch. 582, § 4; 1991, ch. 231, § 93; 1991, ch. 638, § 1; 1995, ch. 537, § 1; 2001, ch. 488, § 50; 2001, ch. 503, § 18; 2007, ch. 493, § 8.

Cross-References.

Governor’s power to appoint majority of members of board, see N.D.C.C. § 54-07-01.2.

Director of board, see N.D.C.C. ch. 55-02.

Law Reviews.

North Dakota’s Historic Preservation Law, Robert E. Beck, 53 N.D. L. Rev. 177 (1976).

55-01-01.1. State historical society.

The state historical society of North Dakota is created as an agency of the executive branch which is under the supervision and control of the board.

Source:

S.L. 2001, ch. 503, § 19.

55-01-02. State historical board — Powers — Limitations.

The board may:

  1. Faithfully expend and apply all money received from the state to the uses and purposes directed by law.
  2. Hold all present and future historical collections and property of the society for the state.
  3. Dispose of or transfer any articles in the collections it deems appropriate. However, the board may not make any disposal or transfer before hearing an assessment of any proposed disposal or transfer by the director of the state historical society. Disposal or transfer is to be by any appropriate means, including sale or exchange. The proceeds from the sale of articles must be deposited in the state treasury in a special revolving fund. All moneys in the fund are appropriated on a continuing basis for the purchase and care of other items for the collections. Unless other conditions are specified in a deed or gift, a reasonable attempt must be made to return articles to the original donor before disposal by any other means.
  4. Permit withdrawal from its collections and property of any articles needed for exhibition purposes under rules prescribed by the board.
  5. Permit the withdrawal of books and collections from the library and museum temporarily under rules prescribed by the board.
  6. Select and appoint a director to carry out the policies and directives of the board.
  7. Acquire in behalf of the state of North Dakota lands, materials, and easements for historical purposes by lease, purchase, or gift.
  8. Set aside for historical purposes all lands owned by the state and not held or acquired for some other purpose.
  9. Administer all lands, materials, and easements held for historical purposes as trustees for the state.
  10. Administer all lands, materials, and easements held for historical purposes as an agent of the national park service, bureau of reclamation, corps of engineers, or any other division of federal, state, or local government.
  11. Establish standards by the adoption of rules to create classes of membership in the society, to determine the qualifications of any class of membership, to set forth the fees for membership, and to provide for membership benefits.
  12. Formulate and execute projects to preserve and enhance sites of historical importance in the Yellowstone-Missouri Rivers confluence area with funding from legislative appropriations, public grants, and private grants.

The board may not sell, mortgage, transfer, or dispose of any of its collections or property except as authorized by law.

Source:

S.L. 1895, ch. 70, § 2; R.C. 1895, § 153; R.C. 1899, § 153; S.L. 1905, ch. 25, § 1; R.C. 1905, § 240; C.L. 1913, § 380; S.L. 1915, ch. 169, § 1; 1925 Supp., § 380; R.C. 1943, § 55-0102; S.L. 1965, ch. 379, § 2; 1967, ch. 411, § 2; 1983, ch. 584, § 1; 1987, ch. 663, § 1; 1989, ch. 682, § 1; 2001, ch. 503, § 20; 2015, ch. 431, § 1, effective August 1, 2015.

Cross-References.

Prehistoric sites and deposits, protection, see N.D.C.C. ch. 55-03.

55-01-02.1. Society to have jurisdiction over heritage center.

The society has jurisdiction over the administration and operations of the North Dakota heritage center building. The director of the office of management and budget is responsible for maintenance of the heritage center building. The society shall maintain the collections displayed and stored at the heritage center and shall provide, or arrange, for the security of those collections. The society shall establish a policy that authorizes the consumption of alcoholic beverages, including distilled spirits as defined in section 5-01-01, at the heritage center during an event that is open only to invited guests and if the alcoholic beverages are dispensed by a qualified alcoholic beverage licensee.

Source:

S.L. 1977, ch. 501, § 1; 1991, ch. 592, § 45; 2001, ch. 503, § 21; 2015, ch. 49, § 30, effective May 15, 2015.

55-01-03. Meetings — When held — Quorum — Compensation and expenses of members.

The board shall meet at the call of the president not less than every three months and seven members constitute a quorum. The members of the board not appointed by the governor may receive no additional compensation for service upon the board but must be paid their expenses when engaged in the discharge of their official duties as members of the board, in the same manner and amounts as other state officers are paid, from funds appropriated to the society.

Source:

S.L. 1895, ch. 70, § 2; R.C. 1895, § 153; R.C. 1899, § 153; S.L. 1903, ch. 15, § 1; 1905, ch. 25, § 2; R.C. 1905, §§ 241, 243; S.L. 1907, ch. 130, § 1; C.L. 1913, §§ 381, 384; S.L. 1915, ch. 169, §§ 2, 3; 1925 Supp., §§ 381, 384; S.L. 1927, ch. 164, § 1; R.C. 1943, § 55-0103; S.L. 1965, ch. 379, § 3; 2001, ch. 503, § 22.

55-01-04. Acceptance of gifts, grants, devises, bequests, donations, and assignments — Deposited with the state treasurer — How expended.

The society may only receive and accept any grant, devise, bequest, donation, gift, or assignment of money, bonds, choses in action, or any property for any purpose consistent with the statutory responsibilities of the society. The society must receive and accept the same, and the right and title thereto, in the name of the state. All moneys coming into the hands of the society as donations, gifts, grants, and bequests, unless by the terms of the donation, gift, grant, or bequest the moneys are required to be maintained in another manner, must be maintained within the state treasury. All rent, interest, or income from land, money, or property received by the society by donation, gift, grant, or bequest must also be maintained within the state treasury unless by the terms of acquisition the moneys are required to be maintained in a different manner. The moneys must be paid out for the purposes prescribed by the donor as authorized by the board by warrant-check prepared by the office of management and budget.

Source:

S.L. 1903, ch. 15, § 1; R.C. 1905, § 243; C.L. 1913, § 384; S.L. 1915, ch. 169, § 3; 1925 Supp., § 384; R.C. 1943, § 55-0104; S.L. 1959, ch. 372, § 112; 1965, ch. 379, § 4; 1987, ch. 76, § 5; 2001, ch. 503, § 23.

55-01-05. Land acquired for historical purposes — Title — Placed in custody of county historical societies.

When land is contributed or purchased for historical purposes, the title must vest in the state of North Dakota. The land may be placed in the custody of the county historical societies of the respective counties in which the sites are located and may be improved and used for the accumulation and care of relics of historical interest. When it appears that the use and purpose of the land is a matter of primarily local or regional interest, the state historical society may, upon such terms, conditions, and consideration as the state historical board may require, transfer and convey the land to a political subdivision or nonprofit corporation where the interest lay.

Source:

S.L. 1903, ch. 15, § 1; R.C. 1905, § 243; C.L. 1913, § 384; S.L. 1915, ch. 169, § 3; 1925 Supp., § 384; R.C. 1943, § 55-0105; S.L. 1965, ch. 379, § 5; 2001, ch. 503, § 24.

55-01-06. Historical collections — Loan to county historical societies — Preservation.

When historical collections or materials are contributed or purchased by the state, they must be placed in the custody of the society, and those of a local historical nature may be loaned to the county historical societies when proper provision has been made for their care and preservation and when the county historical society is duly organized and affiliated as provided in section 11-11-53.

Source:

S.L. 1903, ch. 15, § 1; R.C. 1905, § 243; C.L. 1913, § 384; S.L. 1915, ch. 169, § 3; 1925 Supp., § 384; R.C. 1943, § 55-0106; S.L. 1965, ch. 379, § 6; 1983, ch. 584, § 2; 2001, ch. 503, § 25.

55-01-07. Claims incurred by society — How paid.

All bills or claims against the state, arising by reason of expenditures authorized by the society for the purposes provided by law, must be submitted on vouchers to the office of the budget for approval and paid by warrant-check prepared by the office of management and budget.

Source:

S.L. 1915, ch. 169, § 1; 1925 Supp., § 380; R.C. 1943, § 55-0107; S.L. 1959, ch. 372, § 113; 1965, ch. 379, § 7; 2001, ch. 503, § 26.

55-01-08. Appropriation for maintenance of Roosevelt cabin — Authorization to transfer cabin to national park service. [Repealed]

Repealed by S.L. 2001, ch. 503, § 57.

55-01-09. North Dakota heritage study committee — Display area. [Repealed]

Repealed by S.L. 1979, ch. 93, § 1; 1979, ch. 550, § 15.

55-01-10. Exchange of lands with other divisions of state government.

Upon authorization by the board, the society may transfer and convey certain lands held by the society to another agency of the state in exchange for lands held by the other agency, and the other agency may make the necessary conveyance to transfer and convey lands held by it to the society to effect the exchange. The transfers may be made at any time the board and another agency deem an exchange to be mutually advantageous.

Source:

S.L. 1965, ch. 379, § 8; 2001, ch. 503, § 27.

55-01-11. State historical society responsible for the Camp Hancock museum.

The society shall maintain, supervise, and promote the Camp Hancock museum in the city of Bismarck.

Source:

S.L. 1965, ch. 380, § 1; 2001, ch. 503, § 28.

55-01-12. Criminal history record checks.

The state historical society may require any volunteer or final applicant for employment to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by section 12-60-24.

Source:

S.L. 2021, ch. 452, § 2, effective August 1, 2021.

55-01-13. America 250 commission.

  1. The America 250 commission within the state historical society is comprised of members appointed under this subsection. The head of each of the following departments and entities shall select one member to represent the department or entity, and the state historical society may invite other persons to join the America 250 commission or select representatives to join the commission:
    1. State historical society;
    2. Department of veterans’ affairs;
    3. Department of public instruction;
    4. Indian affairs commission;
    5. State library;
    6. North Dakota council on the arts;
    7. North Dakota humanities council;
    8. North Dakota state society daughters of the American revolution;
    9. North Dakota tourism division of the department of commerce;
    10. Parks and recreation department;
    11. Office of the governor;
    12. Office of each United States senator representing North Dakota; and
    13. Office of the United States representative representing North Dakota.
  2. The representative of the state historical society shall serve as the chairman of the commission, and the state historical society shall provide staff support for the commission.

Source:

S.L. 2021, ch. 453, § 1, effective July 1, 2021.

55-01-14. Powers and duties of the commission — Continuing appropriation.

  1. The America 250 commission has exclusive authority to represent this state in official dealings with the America 250 foundation and the United States semiquincentennial commission.
  2. The commission may accept gifts, grants, and donations from public and nonpublic sources and may expend or invest any funds the commission receives. Any funds accepted by the commission are appropriated to the state historical society on a continuing basis for the purpose of supporting the commission’s lawful activities.
  3. The commission may coordinate and engage in semiquincentennial initiatives proposed or undertaken by any public or nonpublic person and may initiate or propose semiquincentennial activities in or for this state.
  4. The commission shall:
    1. Develop and promote plans for statewide recognition of the two hundred fifty years since America’s founding;
    2. Identify statewide and local community partners to provide local opportunities for public discussion regarding the founding of our nation and the subsequent two hundred fifty years; and
    3. Identify prominent locations to display a replica of the liberty bell.

Source:

S.L. 2021, ch. 453, § 2, effective July 1, 2021.

55-01-15. State historical society responsible for the Lewis and Clark interpretive center.

The society shall display, maintain, and protect the Lewis and Clark artifacts included in the transfer of the Lewis and Clark interpretive center from the parks and recreation department to the society at the Lewis and Clark interpretive center. A climate-controlled environment must be maintained to protect the artifacts as necessary.

Source:

S.L. 2021, ch. 18, § 7, effective July 1, 2021.

CHAPTER 55-02 State Historical Board Director

55-02-01. State historical board — Appointment of director — Duties.

The board shall appoint a director of the state historical society who shall act as chief administrative and executive officer in carrying out the policies and directives of the board and shall have charge of all employees and activities and shall perform such other duties as may be assigned to the director by the board.

Source:

S.L. 1935, ch. 216, § 1; R.C. 1943, § 55-0201; S.L. 1965, ch. 379, § 10; 2001, ch. 503, § 29.

Law Reviews.

North Dakota’s Historic Preservation Law, Robert E. Beck, 53 N.D. L. Rev. 177 (1976).

55-02-01.1. Term of office — Vacancy — Salary and expenses.

The director shall serve at the pleasure of the state historical board and until a successor is appointed and qualified. In case of vacancy by death, removal, resignation, or any other cause, the board shall fill the vacancy by appointment. The salary must be determined by the board within the limits of legislative appropriation. The director is entitled to compensation for expenses incurred while in the discharge of official duties, paid in the same manner and amounts as other state officials are paid, from funds available to the board.

Source:

S.L. 1949, ch. 325, § 1; R.C. 1943, 1957 Supp., § 55-02011; S.L. 1965, ch. 379, § 11; 1999, ch. 113, § 20; 2001, ch. 503, § 30.

55-02-01.2. Duties of the director.

The director shall:

  1. Collect artifacts, books, maps, charts, and other papers and materials illustrative of the history of this state in particular and of the west generally.
  2. Procure facts and statements relative to the history of the state so as to exhibit faithfully the antiquities and the past and present resources and conditions of this state.
  3. Purchase books to strengthen the society’s collections and any other books, maps, charts, microforms, photographs, and other materials to facilitate the investigation of historic, scientific, and literary subjects. The secretary of state and all other state departments and agencies including the colleges and universities shall furnish to the director at least one copy of each state publication produced by that agency.
  4. Catalog, index, and duplicate all of the collections of the society for the more convenient references of all persons who have occasion to consult the same.
  5. Prepare publications relating to the society as may be useful to the public. The society is responsible for the distribution and sale of the reports and shall account for the proceeds to the office of the budget.
  6. Keep the museum exhibition rooms in the North Dakota heritage center open to visitors at all reasonable hours on business days without fee, except that admission fees may be charged for leased exhibitions. Admission fees collected for a leased exhibition must be deposited in a special account in the special revolving fund established under section 55-02-04 and may be used only to pay the associated costs of the exhibition. Any admission fees collected in excess of the costs of a leased exhibition must be deposited in the state general fund.
  7. Organize, develop, and present educational materials and programs concerning the history of North Dakota for the use, information, and benefit of the public.
  8. Cooperate with historical societies and associations duly organized under the laws of the state; provide the historical societies and associations with publications, technical assistance, and advice; and administer a grant system to assist with the development and operation of the societies and associations.

Source:

S.L. 1949, ch. 326, § 1; R.C. 1943, 1957 Supp., § 55-02012; S.L. 1965, ch. 379, § 12; 1983, ch. 584, §§ 3, 4; 1991, ch. 624, § 8; 1995, ch. 538, § 1; 2001, ch. 503, § 31.

55-02-01.3. Director to advise director of parks and recreation department.

The director shall advise the director of the parks and recreation department on matters pertaining to the preservation of historical and archaeological artifacts and historical structures in the state parks. These duties may be performed by the director’s duly designated representative.

Source:

S.L. 1967, ch. 411, § 3; 2001, ch. 503, § 32.

55-02-02. Transfer of property from state historical society board to North Dakota park service. [Repealed]

Repealed by S.L. 2001, ch. 503, § 57.

55-02-03. Rules to protect property administered by the state historical society — Penalty.

The director of the state historical society, when so authorized by the state historical board, has the power to make and enforce suitable rules relating to the protection, care, and use of any property administered by the society and the violation of any rule constitutes an infraction.

Source:

S.L. 1935, ch. 216, § 3; R.C. 1943, § 55-0203; S.L. 1965, ch. 379, § 14; 1975, ch. 106, § 590; 1983, ch. 584, § 5; 2001, ch. 503, § 33.

Cross-References.

Penalty for infraction, see N.D.C.C § 12.1-32-01.

55-02-04. Fees for use of facilities — Concession agreements — Duration — Appropriation.

  1. The director of the state historical society when so authorized by the state historical board shall:
    1. Fix and collect reasonable fees for the use of the facilities of any property administered by the society.
    2. Enter into concession agreements or leases with private persons, firms, corporations, or limited liability companies for the operation of any services, including motels, cabins, or other lodging places, within the areas of any property administered by the society. A concession agreement or lease may not run for more than twenty years.
    3. Establish fees for admissions, use charges, and services provided by the society.
  2. All revenues collected for services, shipping or postage charges, fees, admissions, use charges, rentals, compensation for concession agreements, or funds received in the normal course of business from concession operations actually carried on by the state as a proprietor must be deposited in the state treasury in a special revolving fund. All moneys in the fund are appropriated on a continuing basis for expenditure in the course of carrying on the business activities of the concession operations or providing the services from which the income is derived.

Source:

S.L. 1935, ch. 216, § 4; R.C. 1943, § 55-0204; S.L. 1957, ch. 345, § 1; 1957 Supp., § 55-0204; S.L. 1965, ch. 379, § 15; 1983, ch. 584, § 6; 1991, ch. 639, § 1; 1993, ch. 54, § 106; 2001, ch. 503, § 34.

55-02-05. Contracting supervision and maintenance with other divisions of federal and state government — Compensation for expenses incurred.

The director of the state historical society, when so authorized by the state historical board, shall, for the purpose of avoiding undue expense or inconvenience, by contract with divisions of federal and state governments or political subdivisions, make suitable arrangements whereby one may supervise and maintain the holdings and property of the other. The board, service, department, or division providing the services is entitled to compensation for actual and necessary expenses incurred in the amounts agreed upon.

Source:

S.L. 1935, ch. 216, § 5; R.C. 1943, § 55-0205; S.L. 1965, ch. 379, § 16; 2001, ch. 503, § 35.

55-02-06. State historical museum at Pembina — Chateau de Mores.

The director of the state historical society shall maintain and operate the state historical museum located at or near the city of Pembina, in the county of Pembina, and shall have custody of and preserve in the museum at Pembina, for the people of the state of North Dakota, objects of primitive Indian art and other articles of historical value to the state which are acquired for that purpose. The state historical society may accept gifts, donations, or contributions to be used or expended in the maintenance and operation of the historical museum and may transfer the operation of the museum to the city of Pembina upon such terms and conditions as the state historical board may require. The Chateau de Mores at Medora must be maintained and operated as a historic house museum under the direction of the state historical society.

Source:

S.L. 1959, ch. 376, § 1; 1965, ch. 379, § 17; 1995, ch. 539, § 1; 2001, ch. 503, § 36.

55-02-07. Protection of historical or archaeological artifacts or sites.

Any historical or archaeological artifact or site that is found or located upon any land owned by the state or its political subdivisions or otherwise comes into its custody or possession and which is, in the opinion of the director of the state historical society, significant in understanding and interpreting the history and prehistory of the state, may not be destroyed, defaced, altered, removed, or otherwise disposed of in any manner without the approval of the state historical board, unless section 55-02-07.2 applies to the site. Notification of the director’s opinion of significance must be communicated to the appropriate governing official. The state historical board through the director, within sixty days of written notification to it by the appropriate governing official of the state or political subdivision’s desire, need, or intent to destroy, alter, remove, or otherwise dispose of a significant artifact or site, shall provide the governing official written direction for the care, protection, excavation, storage, destruction, or other disposition of the significant artifact or site. The state and its political subdivisions shall cooperate with the director in identifying and implementing any reasonable alternative to destruction or alteration of any historical or archaeological artifact or site significant in understanding and interpreting the history and prehistory of the state before the state historical board may approve the demolition or alteration.

Source:

S.L. 1965, ch. 379, § 18; 1983, ch. 585, § 1; 1985, ch. 590, § 1; 1989, ch. 645, § 9; 2001, ch. 503, § 37; 2003, ch. 511, § 1.

55-02-07.1. Protection of prehistoric or historic site locational data.

The director of the state historical society may limit access to, and release of, information from files of the state historical society which contain data that specifically identifies the location of archaeological, historical, or paleontological sites in North Dakota. No access to, or release of, information from files that contain site-specific locational data may be made until the director is satisfied that the applicant has a reasonable need for the information contained in those files and professionally acceptable qualifications to assure that release of the information will not result in unnecessary destruction of the resource.

Source:

S.L. 1979, ch. 579, § 1; 2001, ch. 503, § 38.

55-02-07.2. Protection of public health and safety on sites having a public function.

Notwithstanding any other provision of law, if the state or a political subdivision has a property interest in real property and that property has an existing public function in addition to any historical site registration or historical significance determination, the governing body of the agency or political subdivision owning the property interest may, subject to the following provisions, improve, alter, modify, or destroy that property if the agency or governing body determines that action is necessary to protect public health or safety, to provide access for disabled persons, or to ensure structural integrity. If an action is to be taken by an agency or governing body under this section, notice of intent to take the action must be given to the director at the onset of the planning process. At the director’s request, the agency or governing body shall inform the director of each meeting at which planning or decisions on a project are on the agenda. At each meeting, the agency or governing body shall provide the director with an opportunity to comment or provide preservation funding for the proposed project and the agency or governing body shall consider the director’s comments or offers of funding in the development and implementation of the project. If the agency or governing body and the director do not agree on the action to be taken, the differences must be submitted to a mediator selected by the governor to facilitate a consensus between the parties. The cost of the mediator must be shared equally by the parties. The mediator shall issue a report within sixty days of appointment by the governor. The report of the mediator must be sent to the director and must be published once in the official newspaper of the political subdivision. Although the agency or governing body may take the action it deems necessary, the agency or governing body shall make all reasonable effort to preserve the historical characteristics of a site taking into consideration economic and technical feasibility. The agency or governing body must notify the director of its decision and must publish it once in the official newspaper of the political subdivision. After mediation, if any, if the governing body of a political subdivision determines to proceed with actions that will result in completely demolishing, removing, or significantly degrading the historical characteristics of a building or real property, a resident of the political subdivision where the building or real property is located may submit a written notice to the county auditor of intention to petition for a public vote. The notice must be filed with the county auditor within fourteen days of the publication of the decision of the governing body. A petition for a public vote must contain the names of at least ten percent of the qualified electors from that governing body’s jurisdiction who voted in the last general election and must be filed with the county auditor within one hundred twenty days of the governing body’s publication of notice of its final action. If a petition is filed, the matter must be submitted for a vote of the qualified electors at the next special, primary, or general election held in that jurisdiction. All actions to remove, demolish, or significantly degrade the historical characteristics of a building or real property are stayed for fourteen days after the governing body’s publication of notice of its final action, and if notice of intention to seek a public vote is filed, actions are stayed until either the petition fails or the public vote is held. If the political subdivision is a home rule jurisdiction with its own referendum procedures, however, the home rule referendum procedures apply to the action of the governing body.

Source:

S.L. 2003, ch. 36, § 25; 2003, ch. 511, § 2.

55-02-08. Custody and control of former executive mansion — Maintenance responsibility.

The custody and control of the former executive mansion located at 320 Avenue B East in the city of Bismarck, North Dakota, with the legal description of lots 3 and 4, Block 11, Northern Pacific Addition to the city of Bismarck, is the responsibility of the state historical society.

Source:

S.L. 1975, ch. 494, § 1; 1991, ch. 592, § 46; 2001, ch. 503, § 39.

55-02-09. Historical impact emergency fund — Administration by director of state historical society — Emergency commission authorization.

The director of the state historical society shall administer the historical impact emergency fund for the purpose of emergency mitigation of adverse effects on cultural resources and historical buildings, structures, or objects in the state. The director may use the moneys in the historical impact emergency fund only after the emergency commission has authorized the proposed use and expenditure. The historical impact emergency fund may receive moneys from unexpended appropriations for the state historical society, by legislative appropriation, and by gift, grant, devise, or bequest of any money or property to the fund. The historical impact emergency fund may not receive moneys from the state historical society’s unexpended appropriations when the fund balance is greater than two hundred fifty thousand dollars. When the historical impact emergency fund balance is greater than two hundred fifty thousand dollars, any unexpended appropriations for the state historical society are canceled. The fund is not subject to section 54-44.1-11 and all income and moneys derived from the investment of the fund must be credited to the fund.

Source:

S.L. 1985, ch. 591, § 1; 2001, ch. 503, § 40; 2005, ch. 540, § 2.

CHAPTER 55-02.1 Archival Resources and State Archivist

55-02.1-01. Archival resources defined.

As used in this chapter, “archival resources” means those noncurrent public records which are no longer essential to the functioning of the agency of origin and which the state archivist determines to have permanent value for research, reference, or other use appropriate to document the organization, function, policies, and transactions of government.

Source:

S.L. 1977, ch. 502, § 1.

Cross-References.

Records Management Act, preservation of records found to be archival resources, see N.D.C.C. § 54-46-08.1.

55-02.1-02. State archivist — Compensation.

The director of the state historical society shall employ an archivist in the position of state archivist, who must be under the general supervision of the director, and any other personnel necessary to administer this chapter. The compensation of personnel employed by the director must be set within the limits of legislative appropriations.

Source:

S.L. 1977, ch. 502, § 2; 2001, ch. 503, § 41.

55-02.1-03. Duties of state archivist.

The state archivist shall:

  1. Establish and maintain a program for the selection and preservation of state records and advise in the establishment of programs for the selection and preservation of local records.
  2. Give advice and assistance on problems concerning archival resources to any legislative, executive, or judicial officer of the state or any political subdivision of the state when so requested.
  3. Be the official custodian of the archival resources of the state.
  4. Receive all records transferred to the state archivist for retention as archival resources.
  5. Assess, assemble, catalog, house, preserve, and service the archival resources of the state.
  6. Make the archival resources in the custody of the state archivist available to serve the administrative and informational needs of state and local government and the people of the state.

Source:

S.L. 1977, ch. 502, § 3.

55-02.1-04. Authority of state archivist concerning records from private sources.

The state archivist may negotiate for, acquire, and receive records, writings, and illustrative materials of permanent value from nonpublic sources for research and reference purposes.

Source:

S.L. 1977, ch. 502, § 4.

55-02.1-05. Depositories of archival resources.

The state historical society is the depository of the archival resources of the state. However, the state historical society may enter into agreements with the state universities or any other public or quasi-public or private institutions, agencies, or corporations to serve as depositories of regional archival resources. The agreements must specify the area to be served by the depositories and the method of assessing, cataloging, housing, preserving, and servicing materials placed by the state archivist in the regional depositories. The state archivist may deposit in regional depositories, with title remaining with the state historical society, the records of state agencies or their district or regional offices which are primarily located in the geographic area serviced by the depository. All archival resources from central departments, offices, and agencies must be placed in the main archives in the heritage center in Bismarck under the state historical society’s immediate jurisdiction. However, the state archivist may place archival resources temporarily at a regional depository. The state archivist may take any steps deemed necessary to provide for the safety of archival resources and other articles and materials entrusted to the archivist’s custody in the archives, including temporary removal to safer locations, as may be dictated by any disaster emergency situation.

Source:

S.L. 1977, ch. 502, § 5; 2001, ch. 503, § 42.

55-02.1-06. Receipts for archival resources.

The state archivist shall prepare receipts for any archival resources acquired and shall deliver one copy to the state records administrator, one copy to the person or agency from which the archival resources were obtained, and shall retain one copy.

Source:

S.L. 1977, ch. 502, § 6.

55-02.1-07. Safeguarding of restricted records.

The state archivist shall take all precautions necessary to ensure that records placed in the custody of the state archivist, the use of which is restricted by or pursuant to law or for reasons of security and public interest, must be inspected, surveyed, or otherwise used only in accordance with law and regulations adopted by the state archivist in consultation with the person or agency of origin. No public record of any governmental entity may be placed in the custody of the state archivist under access or use restrictions in violation of section 44-04-18.

Source:

S.L. 1977, ch. 502, § 7.

Collateral References.

What constitutes legitimate research justifying inspection of state or local public records not open to inspection by general public, 40 A.L.R.4th 333.

55-02.1-08. Availability of archival resources to the public.

Subject to section 55-02.1-07, the state archivist shall make archival resources under supervision of the state archivist available to public agencies and the public at reasonable times, subject to appropriate restrictions and regulations. Should any college or university library in this state request records found to be archival resources under section 54-46-08.1, duplicate copies of specified records shall be made available under mutually agreed-upon terms. The state archivist shall carefully protect and preserve archival resources from deterioration, destruction, or loss through application of appropriate techniques for preserving archival and library materials.

Source:

S.L. 1977, ch. 502, § 8.

Collateral References.

What constitutes legitimate research justifying inspection of state or local public records not open to inspection by general public, 40 A.L.R.4th 333.

Law Reviews.

Article: The Uniform Electronic Legal Material Act: “Desirable And Practicable” For North Dakota? 87 N.D. L. Rev. 325 (2011).

55-02.1-09. Adoption of rules.

Chapter 28-3. applies to regulations adopted by the state archivist.

Source:

S.L. 1977, ch. 502, § 9.

CHAPTER 55-03 Protection of Prehistoric Sites and Deposits

55-03-00.1. Definitions.

  1. “Cultural resources” includes prehistoric or historic archaeological sites, burial mounds, and unregistered graves.
  2. “Mitigate adverse effect” includes:
    1. The process of making and preserving a record of the existence and scientific, historical, architectural, engineering, educational, or aesthetic value of a cultural resource, historic building, structure, or object.
    2. The process of restoring, rehabilitating, reconstructing, stabilizing, or preserving, through some other means, a cultural resource, historic building, structure, or object.

Source:

S.L. 1983, ch. 586, § 1; 1989, ch. 645, § 10.

55-03-01. Permit required to investigate, evaluate, or mitigate adverse effect on cultural resources, historic buildings, structures, or objects — Application — Fee.

Any person engaged in identifying, evaluating, or mitigating adverse effects on cultural resources, historic buildings, structures, or objects on any lands in North Dakota, under section 106 of the National Historic Preservation Act of 1966 [Pub. L. 89-665; 80 Stat. 915; 16 U.S.C. 470, as amended by Pub. L. 91-243, Pub. L. 93-54, Pub. L. 94-422, and Pub. L. 94-458], 36 CFR 800, or subdivision u of subsection 1 of section 38-14.1-14, shall obtain an annual permit from the director of the state historical society. The permit application must be in the form prescribed by the director. Each application must be accompanied by a filing fee of one hundred dollars. The director may waive the fee requirement if the applicant is an instrumentality of the state. Following issuance of the annual permit, the permittee shall submit to the state historical society payment in the amount of fifty dollars with every cultural resources identification, evaluation, and mitigation report submitted to the director in compliance with the federal and state statutory and regulatory requirements identified in this section. A permittee submitting a report on behalf of a nonprofit corporation formed under chapter 10-33 does not have to pay the fee for filing the report.

Source:

S.L. 1939, ch. 223, § 1; R.C. 1943, § 55-0301; S.L. 1965, ch. 379, § 19; 1967, ch. 412, § 1; 1983, ch. 586, § 2; 1985, ch. 409, § 6; 1995, ch. 540, § 1; 1997, ch. 105, § 11; 2001, ch. 503, § 43.

Cross-References.

Director of parks and recreation department to consult with director of state historical society on archaeological matters, see N.D.C.C. § 55-08-01.3.

State and subdivisions to cooperate in protecting archaeological sites, see N.D.C.C. § 55-10-09.

Law Reviews.

North Dakota’s Historic Preservation Law, Robert E. Beck, 53 N.D. L. Rev. 177 (1976).

55-03-01.1. Permit required to investigate, excavate, or otherwise record cultural resources on land owned by an instrumentality of the state and to excavate cultural resources on private land.

Any person engaged in the investigation, excavation, or other recording of cultural resources on land owned by an instrumentality of the state or in the excavation of cultural resources on private land for any purposes other than those identified in section 55-03-01 first shall obtain a permit from the director. A permit may be granted only for the investigation, excavation, or other recording of cultural resources at the locations described in the application for permit. Each application must be accompanied by a fee of one hundred dollars.

Source:

S.L. 1983, ch. 586, § 3; 1989, ch. 307, § 2; 2001, ch. 503, § 44.

55-03-02. Contents of permit.

A permit issued pursuant to an application made under section 55-03-01 or 55-03-01.1 must clearly describe the purpose of the permit and must be in the form prescribed by the director. A permit may not be granted until the director is satisfied that the applicant is professionally qualified to conduct that work for which the permit is required. When the cultural resources are on land owned by an instrumentality of the state, the permit may not be granted until the applicant has agreed to deliver to the director all of the archaeological or historical materials found and removed from the land. When the cultural resources are on private land, the permit may not be granted until the applicant has agreed to deliver to the director all of the human remains and burial goods, as defined in section 23-06-27, found and removed from the land. A permit may not be granted until the applicant has agreed to deliver to the director copies of all records and reports as determined by the director to be pertinent to the work performed.

Source:

S.L. 1939, ch. 223, § 2; R.C. 1943, § 55-0302; S.L. 1965, ch. 379, § 20; 1967, ch. 412, § 2; 1983, ch. 586, § 4; 1989, ch. 307, § 3; 1989, ch. 645, § 11; 2001, ch. 503, § 45.

55-03-03. Period for which permit granted — Revocation.

Each permit issued under section 55-03-01 terminates on December thirty-first of the year in which it is issued. Any permit issued under section 55-03-01 or 55-03-01.1 may be revoked by the director at any time if it appears that any identification, evaluation, or mitigation of adverse effects on cultural resources, historic buildings, structures, or objects performed by the permittee are being conducted negligently or improperly, or without regard for the careful preservation and conservation of the artifacts and materials they contain.

Source:

S.L. 1939, ch. 223, § 3; R.C. 1943, § 55-0303; S.L. 1965, ch. 379, § 21; 1983, ch. 586, § 5; 1989, ch. 307, § 4; 2001, ch. 503, § 46.

55-03-04. Fees deposited in revolving fund — Use.

All fees collected by the director under sections 55-03-01 and 55-03-01.1 must be deposited in the revolving fund of the state historical society and must be used by the director for making investigations of permit applicants and for the management and analysis of records and artifacts submitted to the director under sections 55-03-01, 55-03-01.1, and 55-03-02.

Source:

S.L. 1939, ch. 223, § 4; R.C. 1943, § 55-0304; S.L. 1965, ch. 379, § 22; 1983, ch. 586, § 6; 1989, ch. 307, § 5; 2001, ch. 503, § 47.

55-03-05. Landowner may explore on his own land. [Repealed]

Repealed by S.L. 1989, ch. 307, § 7.

55-03-06. Archaeological or paleontological materials retained upon sale of land by state or municipality.

When land is sold, conveyed, transferred, or leased by the state of North Dakota, or by any department or agency thereof, or by any municipal subdivision thereof, the title to any and all archaeological or paleontological materials, whether such materials are found upon the surface or below the surface of such land, must be retained by the state or by the municipal subdivision thereof, as the case may be.

Source:

S.L. 1939, ch. 223, § 6; R.C. 1943, § 55-0306; S.L. 1965, ch. 379, § 24.

Cross-References.

Land acquired by United States, see N.D.C.C. §§ 11-27-04.1, 11-27-04.2, 38-09-01.1, 38-09-01.2.

55-03-07. Violation of chapter — Penalty.

Any person violating any provision of this chapter is guilty of a class A misdemeanor and shall forfeit to the state all archaeological or historical articles and materials discovered by the violator. Any such violation must be held to be committed in the county where the exploration or excavation for archaeological or historical material was undertaken.

Source:

S.L. 1939, ch. 223, § 7; R.C. 1943, § 55-0307; S.L. 1965, ch. 379, § 25; 1975, ch. 106, § 591; 1989, ch. 307, § 6; 1989, ch. 645, § 12.

Cross-References.

Penalty for class A misdemeanor, see N.D.C.C. § 12.1-32-01.

CHAPTER 55-04 Acquiring Lands for Public Parks

55-04-01. Authority of state or county to acquire title to lands for park purposes.

The state, and each county of the state, is authorized to acquire by purchase, exchange, gift, condemnation, or otherwise the title to any lands or to lease any lands within the same political subdivision for the purpose of establishing a public park or recreational area or for the purpose of constructing, maintaining, and operating any water or wildlife conservation project.

Source:

S.L. 1935, ch. 214, § 1; R.C. 1943, § 55-0401; S.L. 1989, ch. 145, § 7.

Cross-References.

Eminent domain, see N.D.C.C. ch. 32-15.

Municipal parks and park districts, see N.D.C.C. ch. 40-49.

Township parks, see N.D.C.C. ch. 58-17.

55-04-02. Appraisal of lands — Price may not exceed appraised value.

All lands to be purchased or exchanged under authority of this chapter must be appraised by the existing appraisal agencies of the parties to the contract and in all cases when there are no such appraisal agencies the board of county commissioners shall determine the value thereof. In no case may lands be purchased for more than their appraised value, nor may any lands owned by the state or the several counties be exchanged except for lands of an equal appraised value.

Source:

S.L. 1935, ch. 214, § 2; R.C. 1943, § 55-0402.

55-04-03. Mineral rights to be reserved.

The state of North Dakota shall reserve all mineral rights to all state lands exchanged by it under authority of this chapter.

Source:

S.L. 1935, ch. 214, § 3; R.C. 1943, § 55-0403.

Cross-References.

Reservations may be released to United States, see N.D.C.C. § 38-09-01.2.

CHAPTER 55-05 International Peace Garden

55-05-01. Description of lands comprising the International Peace Garden.

The governor of the state of North Dakota is authorized, empowered, and directed, for and in behalf of the state of North Dakota, to accept from International Peace Garden, Inc., a New York corporation, a deed of conveyance in trust upon the trust conditions hereinafter contained, of the following described real property situated in the county of Rolette, and state of North Dakota:

The south half of the southeast quarter, and the south half of the southwest quarter, and lots numbered one, two, three, and four, of section twenty-five in township one hundred sixty-four north, of range seventy-three west, of the fifth principal meridian, less that tract or parcel of land in said lot one described by metes and bounds as follows:

All that tract or parcel of land lying and being in lot one of section twenty-five, township one hundred sixty-four north, range seventy-three west, of the fifth principal meridian of North Dakota, described by metes and bounds as follows: Commencing at a point forty feet due west of the intersection of the International Boundary Line and the section line bounding the east side of said lot one, being forty feet due west of the northeast corner of said lot one; thence due west along the International Boundary Line a distance of one hundred fifty feet; thence at right angles due south a distance of eight hundred one and eight-tenths feet; thence at right angles due east a distance of one hundred fifty feet; thence at right angles due north along a line forty feet due west of the center of the section line along the east side of said lot one, a distance of eight hundred feet, to the point or place of beginning; together with the improvements thereon, lying and being in Rolette County, North Dakota.

And all of section thirty-six, in township one hundred sixty-four north, of range seventy-three west, of the fifth principal meridian.

Such land comprises that part of the International Peace Garden situated within the state of North Dakota and the United States of America.

Source:

S.L. 1935, ch. 211, § 1; 1941, ch. 226, § 1; R.C. 1943, § 55-0501.

Cross-References.

Airport, power to construct near Peace Garden, see N.D.C.C. § 2-06-01.1.

Insurance for vehicles owned by Peace Garden, see N.D.C.C. § 39-01-08.

Participation of Peace Garden in procurement by office of management and budget, see N.D.C.C. § 54-44.4-02.

Use of vehicles owned by Peace Garden, see N.D.C.C. § 39-01-03.

55-05-02. Title to lands comprising International Peace Garden accepted in trust — Terms.

The title to the real property comprising the International Peace Garden is hereby accepted by the state of North Dakota in trust and upon the following express conditions and trusts:

  1. That the title to said real property must be in the state of North Dakota, in trust for, and for the use and benefit of, the International Peace Garden.
  2. That said described real property must be used and maintained as an International Peace Garden as a memorial to commemorate the long existing relationship of peace and good will between the people and the governments of the United States of America and the Dominion of Canada.
  3. That if the said described land at any time ceases to be used and maintained as an International Peace Garden, it then must revert unconditionally to the state of North Dakota and upon such reversion becomes the absolute and unconditioned property of the state of North Dakota, and becomes subject to the laws of the state and of the United States to the same extent as if it never had been acquired nor conveyed for International Peace Garden purposes.
  4. That the control, custody, possession, supervision, management, and operation of said land as an International Peace Garden is vested in the board of directors of the International Peace Garden, Inc., a New York corporation, but such custody, control, possession, supervision, management, and operation at all times must be for the maintenance and operation of an International Peace Garden in accordance with the original plans and purposes for the establishment of an International Peace Garden upon the international boundary line between the United States of America and the Dominion of Canada.
  5. That the International Peace Garden is hereby recognized as an international peace park located partly within the state of North Dakota, and partly within the Province of Manitoba, Dominion of Canada, and that the International Peace Garden, Inc., a corporation organized and existing under and by virtue of the laws of the state of New York, and whose articles of incorporation have been filed in the state of North Dakota, is hereby recognized as the sponsoring organization responsible for the creation, designation, and location of such park, and said corporation is hereby vested with the authority to control, operate, supervise, and maintain said International Peace Garden, in accordance with the terms of this chapter.
  6. That the state of North Dakota in no manner is responsible for the maintenance or operation of said lands as an International Peace Garden.
  7. That the parks and recreation department, as trustee for the state of North Dakota, has general supervision of the lands herein described and comprising that part of the International Peace Garden located within the state of North Dakota, and the United States of America, for the purpose of seeing that the terms of this chapter, and the trust imposed by this chapter, are complied with by the International Peace Garden, Inc., and for the purpose of cooperating with that corporation in the promulgation, promotion, and development of the International Peace Garden, in accordance with the original plans and purposes for the establishment of an International Peace Garden upon the international boundary line between the United States and Canada for the purpose of furthering international peace among the nations of the world.
  8. That the terms and conditions of the trust imposed by this chapter can be repealed, amended, or changed only by the legislative assembly, with the consent of the board of directors of the said International Peace Garden, Inc.
  9. That the terms and conditions of the trust created by this chapter exist so long as the International Peace Garden is in existence.

Source:

S.L. 1935, ch. 211, § 2; R.C. 1943, § 55-0502; S.L. 1965, ch. 379, § 26; 1999, ch. 484, § 1.

Cross-References.

State historical board, see N.D.C.C. § 55-01-01.

55-05-03. Land conveyed to International Peace Garden exempt from taxation.

While the title to the land described in section 55-05-01 is in the International Peace Garden, Inc., and is used and maintained as an International Peace Garden, it shall not be subject to taxation for local, county, or state purposes.

Source:

S.L. 1933, ch. 56, § 4; R.C. 1943, § 55-0503.

Cross-References.

State auditor’s authority to audit International Peace Garden, see N.D.C.C. § 54-10-01.

CHAPTER 55-06 Historical Study of Yellowstone and Missouri River Confluence [Repealed]

[Repealed by S.L. 2015, ch. 431, § 2]

55-06-01. Yellowstone-Missouri Rivers confluence commission. [Repealed]

Source:

S.L. 1959, ch. 375, § 1; 1981, ch. 528, § 20; 1989, ch. 683, § 1; 1991, ch. 95, § 45; 2001, ch. 488, § 51; 2001, ch. 503, § 48; repealed by 2015, ch. 431, § 2, effective August 1, 2015.

55-06-02. Organization of commission — Powers and duties. [Repealed]

Source:

S.L. 1959, ch. 375, § 2; repealed by 2015, ch. 431, § 2, effective August 1, 2015.

CHAPTER 55-07 Recreational Development Bonds [Repealed]

[Repealed by S.L. 1965, ch. 379, § 28]

CHAPTER 55-08 Parks and Recreation Department

55-08-01. North Dakota parks and recreation department. [Repealed]

Repealed by S.L. 1991, ch. 640, § 41.

55-08-01.1. State parks and recreation policy.

The parks and recreation department shall plan and coordinate government programs encouraging the full development and preservation of existing and future parks, outdoor recreation areas, and nature preserves.

Source:

S.L. 1991, ch. 640, § 16; 1993, ch. 80, § 18.

Collateral References.

Nature of estate conveyed by deed for park or playground purposes, 15 A.L.R.2d 975, 988.

Judicial notice of matters relating to public thoroughfares and parks, 48 A.L.R.2d 1102.

Right to condemn property in excess of needs for a particular public purpose, 6 A.L.R.3d 297.

Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.

Judicial notice as to location of street address within particular political subdivision, 86 A.L.R.3d 484.

55-08-01.2. Parks and recreation department — Director.

There is created a parks and recreation department to serve as the focal point in the state for activities related to parks. The department shall plan and coordinate programs for all governmental levels to fulfill the state parks policy. The governor shall appoint a director of the parks and recreation department who shall serve at the will of the governor.

Source:

S.L. 1991, ch. 640, § 17; 1993, ch. 80, § 19.

55-08-01.3. Director of parks and recreation department — Powers — Penalty.

The director of the parks and recreation department shall:

  1. Manage all state parks, state campgrounds, state recreational areas, or reserves, and any other property under the control of the parks and recreation department, including site selection and planning, establishment of fees and charges, establishment of hours and seasons of operation, and regulation of the conduct of guests and visitors.
  2. Appoint personnel necessary to carry out the duties and functions of the department and fix their compensation within the limits of legislative appropriations.
  3. Accept on behalf of the state, gifts or grants of property for the department.
  4. Acquire by purchase, gift, or condemnation any real property or interest in real property in this state or an adjoining state if necessary for park purposes. However, condemnation proceedings may be instituted only upon approval by the emergency commission.
  5. Lease, sell, or exchange real property under the department’s control if necessary for the improved management of state parks, state campgrounds, and state recreational areas or reserves.
  6. Administer all real property and interests in real property and personal property held for recreational purposes as an agent for any state or federal agency or a political subdivision of the state.
  7. Adopt rules relating to the protection, care, and use of state parks, state campgrounds, state recreational areas, or reserves, and any other real or personal property administered by the director.
  8. Sell, mortgage, transfer, or dispose of property under the control of the department as authorized by law.
  9. Seek the advice of the director of the state historical society on matters relating to history, prehistory, and paleontology of the state parks.
  10. Advise in advance and consult with the director of the state historical society before undertaking any earthmoving operations or major constructions so that the director may be advised whether the earthmoving operations or constructions might endanger historical or archaeological artifacts or the paleontological value of the area. The director of the state historical society and the director shall jointly agree on the disposition of historical artifacts and archaeological material at state parks.
  11. In the director’s discretion, designate any state park or state campground or an area within any state park or state campground as an area within which the use of alcoholic beverages is prohibited. Any person violating that designation is guilty of an infraction.
  12. Establish noncriminal penalties for violation of rules adopted by the director. The maximum noncriminal penalty is a fine of two hundred fifty dollars. Department personnel designated by the director shall have the power to enforce noncriminal violations of these rules. Fines collected for violation of these rules must be deposited in the general fund.
  13. Protect the historic, prehistoric, archaeological, and paleontological values of the designated historic site if a state park contains a designated historic site.

Source:

S.L. 1991, ch. 640, § 18; 1993, ch. 80, § 20; 2001, ch. 503, § 49; 2011, ch. 440, § 1; 2013, ch. 438, § 1.

Cross-References.

Penalty for infraction, see N.D.C.C. § 12.1-32-01.

55-08-01.4. Tourism division. [Repealed]

Repealed by S.L. 1993, ch. 80, § 39.

55-08-01.5. Duties of director. [Repealed]

Repealed by S.L. 1993, ch. 80, § 39.

55-08-01.6. State tourism policy. [Repealed]

Repealed by S.L. 1993, ch. 80, § 39.

55-08-01.7. North Dakota motion picture development office — Advisory board. [Repealed]

Repealed by S.L. 1995, ch. 54, § 44.

55-08-02. State park advisory council. [Repealed]

Repealed by S.L. 1971, ch. 527, § 1.

55-08-02.1. Outdoor recreation interagency council — Composition — Functions. [Repealed]

Repealed by S.L. 1997, ch. 471, § 2.

55-08-03. Duties — Powers — Limitations — Penalty. [Repealed]

Repealed by S.L. 1991, ch. 640, § 41.

55-08-03.1. Recreation grants programs — Function.

The director may:

  1. Apply for and receive federal grants-in-aid for recreation purposes. The director of the parks and recreation department may approve their allocation to political subdivisions of the state only after the director has determined that sufficient funds, including those funds necessary for adequate maintenance, are and will be available from the political subdivisions for meeting the state’s share of project costs. If for any reason it is necessary for any department or agency of the state to expend state funds in order to fulfill any obligation of a political subdivision which it has agreed to perform in the construction or maintenance of such projects, the state has a claim against the subdivision for the money expended. All funds allocated to the state for recreation purposes must be distributed to the departments, agencies, or political subdivisions entitled to the funds.
  2. Keep financial and other records relating to the programs and furnish to appropriate officials and agencies of the United States and the state such reports and information as may be reasonably necessary to enable those officials and agencies to perform their duties under the programs.
  3. Undertake the development of broad recreation policies for the state as a whole and a long-range plan for their implementation.
  4. Initiate a continuing appraisal of the total state recreation resources, potentials, and needs and the adequacy of current efforts to meet the demands.
  5. Provide for the coordination and appraisal of related programs administered by all levels of government and by private enterprise.

Source:

S.L. 1977, ch. 503, § 2; 1991, ch. 640, § 20; 1993, ch. 80, § 22.

55-08-03.2. Expenditures through existing departments or agencies.

All state funds, grants-in-aid from federal allocations, and other moneys or funds contributed or matched, for developing or providing public outdoor recreation facilities and opportunities made available to existing departments or agencies, must be expended through such departments or agencies using their established procedures. Direct or force construction activities must be undertaken and conducted only by those departments or agencies having basic authorization for such work.

Source:

S.L. 1977, ch. 503, § 4.

55-08-04. Employees as peace officers.

The director has the power to appoint department personnel to peace officer status while they are in the employment of the department; provided, however, that the police powers are limited only to the lands or waters administered by the department.

Source:

S.L. 1965, ch. 379, § 27; 1983, ch. 587, § 1.

55-08-04.1. Writs served and executed by department peace officers — Others to aid department peace officers — When.

The director and all other department peace officers may serve and execute, in the same manner as any sheriff, all warrants and legal process issued by the court in enforcing this chapter. The officers of the department may call to their aid any sheriff, deputy sheriff, police officer, or other person to enforce this chapter. All peace officers or other persons, when called upon, shall enforce and aid in enforcing this chapter.

Source:

S.L. 1983, ch. 588, § 1; 1985, ch. 151, § 33.

55-08-05. Charges for services.

The director may provide special services within state parks, state campgrounds, state recreation areas, and reserves; provide special technical assistance services; and make rules for the use of those services. The director shall establish and cause to be collected charges, fees, and rentals for the use of all special services, and shall revise the same, when necessary, in the manner that the revenue derived will be sufficient to pay the cost of providing each service and to pay the principal of and interest on all bonds issued for projects furnishing the facilities for the services, and to maintain a reserve for the security of the bonds. The director may waive the collection of charges, fees, and rentals for the use of special services by health care-related charitable organizations conducting group camp activities without charge to participants. However, the director shall waive the collection of charges, fees, and rentals for the use of all special services by any care-related charitable organization sponsoring or conducting summer group camp activities without charge for fourteen days for children from age eight through age fourteen who have diabetes. Nothing in this section requires the director to provide camp services if the camp facilities are otherwise closed due to adverse administrative or fiscal impacts upon the department. Specifically, the director may:

  1. Provide special parking space for automobiles or other motor-driven vehicles in any state park or state recreation area.
  2. Provide special parking spurs and campgrounds for automobiles and sites for tent camping and special auto trailer coach parking spaces for the use of the individual charged for the space according to the daily rate which must be determined and fixed by the director consistent with the type of facility provided for the accommodation of visitors in any particular park and with similar facilities offered for tourist camping in the area.
  3. Charge a fee for entrance to any pageant grounds created in any state park, state recreation area, or reserve for the purpose of having historical or other pageants conducted by the agent of any authorized agency.
  4. Provide water, sewer, and electric service to trailer or tent campsites and buildings and structures included in projects authorized by the legislative assembly.
  5. Provide facilities and allow for the sale to the public of food, nonintoxicating beverages, beer and wine as provided in subsection 6, and other merchandise and personal services of a suitable nature, and make buildings, structures, and other recreational facilities available for use and occupancy by the public, or contract for the use of food vendors or the lease of the buildings, structures, and facilities to a concessionaire to be operated on the terms and compensation basis as the director determines to be in the best interest of the state. The duration of a concession agreement may not exceed twenty years. A bond must be required of each concessionaire in the amount the director determines, conditioned upon the faithful performance of all duties under the lease and proper accounting for all funds.
  6. Allow the sale of beer and wine by operating concessionaires on property under the management of the director, if the concessionaire holds the appropriate local and state retail licenses or an event permit required or authorized by chapter 5-02.
  7. Charge and collect motor vehicle permit fees in the amounts prescribed by the legislative assembly, which fees are and must be imposed for the sole purposes of paying capital costs of projects required to provide the special services herein described and referred to, and of meeting the principal and interest and reserve requirements of bonds issued to finance such projects.
  8. Charge a fee for providing special technical assistance to groups requesting information from the natural heritage inventory database.
  9. Allow the sale of advertising in parks and recreation publications. The director may make rules regarding advertisement contracts and charges, space availability, and content.

Source:

S.L. 1965, ch. 379, § 27; 1967, ch. 413, § 1; 1973, ch. 441, § 1; 1977, ch. 504, § 1; 1987, ch. 664, § 1; 1989, ch. 684, § 1; 1995, ch. 541, § 1; 1995, ch. 542, § 1; 2003, ch. 512, § 1; 2009, ch. 19, § 6; 2017, ch. 397, § 1, effective August 1, 2017; 2021, ch. 454, § 1, effective April 16, 2021.

55-08-06. Permits for motor vehicles.

  1. Unless authorized by the director, a motor vehicle may not enter or be permitted to enter any state park, state recreational area, or reserve unless the operator of the motor vehicle displays upon request a permit issued as provided in this chapter. Permits must be of a size, form, and character as the director prescribes, and the director shall procure permits for each calendar year which by appropriate language must grant permission to use any state park, state recreational area, or reserve.
  2. Permits for each calendar year must be provided and placed on sale on or before November first next preceding and used on or at any time after that date until May first of the year following the calendar year for which issued. Permits in each category must be numbered consecutively for each year of issue.
  3. A fee of:
    1. Thirty-five dollars must be charged for the first annual permit issued to a permitholder under subsection 2, except:
      1. Permits of appropriate special design may be sold individually at a maximum of seven dollars per permit covering the use of state parks, state recreational areas, or reserves under such conditions as the director may prescribe for a designated period of not more than three days; and
      2. The director may authorize a discount on the sale of annual permits to any resident of North Dakota who is sixty-five years of age or older and who applies for a discount.
    2. Twenty dollars must be charged for a second annual permit issued to a permitholder under subsection 2, which only may be used by members of the permitholder’s household, except the director may authorize a discount on the sale of a second or subsequent annual permit to any resident of North Dakota who is sixty-five years of age or older and who applies for a discount.
  4. The fees collected must be deposited in the state park operating fund in the state treasury, unless authorized by the director as follows:
    1. The director may allow other agencies or organizations that have leased state parks, state recreational areas, reserves, or facilities to retain entrance and special permit fees collected by the lessee.
    2. The director may exempt all or any part of any state park, state recreational area, or reserve from the requirement of the motor vehicle permit and fee, for any activity or period, when in the director’s judgment it is desirable to do so; provided, however, that no further exceptions may be made after state park revenue bonds are issued and while the bonds are outstanding.

Source:

S.L. 1965, ch. 379, § 27; 1967, ch. 414, § 1; 1971, ch. 528, § 1; 1975, ch. 497, § 1; 1985, ch. 592, § 1; 1987, ch. 665, § 1; 1989, ch. 685, § 1; 1991, ch. 644, § 1; 1995, ch. 542, § 2; 1999, ch. 485, § 1; 2003, ch. 42, § 3; 2017, ch. 18, § 14, effective July 1, 2017; 2021, ch. 455, § 1, effective July 1, 2021.

55-08-06.1. Exceptions to motor vehicle permits and fees authorized. [Repealed]

Repealed by S.L. 1991, ch. 644, § 3.

55-08-06.2. North Dakota senior citizens passport. [Repealed]

Repealed by S.L. 1999, ch. 485, § 2.

55-08-07. State park fund — Appropriation.

All revenues collected as permit fees, admissions, use charges, rentals, compensation for concession agreements, or otherwise, with the exception of revenue from bequests, trusts, or gifts, and with the exceptions noted in subdivisions a and b of subsection 4 of section 55-08-06, must be placed in the state park fund, together with all proceeds of bonds issued pursuant to section 55-08-08. This fund must be maintained by the state treasurer as a special trust fund and is irrevocably appropriated and must be used and disbursed solely for the following purposes:

  1. To pay the current cost of furnishing each special service provided in accordance with this chapter. For this purpose the charges, fees, and rentals for each service must be credited to a special operating account, from which must be paid only the current, reasonable, and necessary cost of operating that service, determined in accordance with accepted accounting practice, including the purchase price of merchandise and utilities sold and the compensation of employees necessarily attributable to the furnishing of that service. The director may incur no operating cost for any building, structure, or facility leased, and the leases must provide for the payment of the costs by the lessee and for the payment of a net rental in addition to the costs. No lease rentals and no motor vehicle permit fees may be credited to operating accounts.
  2. To provide for the payment and security of the principal and interest when due on any state park revenue bonds issued under section 55-08-08. For this purpose the treasurer shall credit to a special service account within the state park fund, as received, all bond proceeds, all motor vehicle permit fees and all rental payments by lessees, and all net income remaining in the operating account for each special service at the end of each month, in excess of the costs of operation thereof which are then payable or are to become due and payable within one month, and shall transfer from this fund and account to the revenue bond fund described in section 55-08-09, whenever necessary, so much of the revenues then on hand as may be required to produce a balance in the revenue bond fund equal to the interest due and to become due within eighteen months plus the principal due and to become due within twenty-four months thereafter on all outstanding series of the bonds.
  3. To finance the acquisition, construction, reconstruction, improvement, betterment, or extension of the department’s properties, for projects within state parks, state campgrounds, state recreation areas, and reserves including the acquisition of land and water, the erection of buildings and structures, and the improvement of properties held in trust for or leased by the state, as authorized by the legislative assembly. For this purpose the director shall authorize the disbursement of bond proceeds and revenues received in the fund. However, a disbursement may not be made in excess of the amounts of revenue bonds issued and other funds granted or appropriated and received for this purpose, and no disbursements may be made at any time when the balance in the revenue bond fund is less than specified in subsection 2.
  4. For any other purpose for which funds have been appropriated by the legislative assembly to the parks and recreation department. A disbursement may not be made at any time when the balance in the revenue bond fund is less than specified in subsection 2.

Source:

S.L. 1965, ch. 379, § 27; 1967, ch. 413, § 2; 1989, ch. 686, § 1; 1991, ch. 640, § 21; 1991, ch. 644, § 2; 1993, ch. 80, § 23; 2021, ch. 455, § 2, effective August 1, 2021.

55-08-07.1. State parks and recreation concession revolving fund.

  1. The director shall maintain a state parks and recreation concession revolving fund to be used for the following:
    1. Procurement and maintenance of an inventory of food, nonintoxicating beverages, and other merchandise and supplies of a suitable nature for the operation of concession stands, including payment of costs and travel expenses necessarily incurred to obtain or sell such items.
    2. Repair, replacement, construction, and maintenance of concession buildings, facilities, and properties contained therein.
  2. The parks and recreation department may transfer any unobligated funds from the state parks and recreation concession revolving fund to the state parks operating fund.

Source:

S.L. 1971, ch. 529, § 1; 1975, ch. 499, § 1; 1987, ch. 666, § 1; 1989, ch. 687, § 1; 1991, ch. 640, § 22; 1993, ch. 80, § 24; 2017, ch. 18, § 15, effective July 1, 2017; 2019, ch. 44, § 13, effective July 1, 2019.

55-08-07.2. State parks gift fund — Fund use — Continuing appropriation — Emergency commission and budget section approval

There is established in the state treasury a special fund designated as the state parks gift fund. The director may seek and accept any gift, private grant, trust, bequest of money, or donation of funds to the gift fund for the purpose of furthering the objectives of the parks and recreation department. All donations to the parks and recreation department in the form of gifts, private grants, trusts, bequests of money, or donation of funds, and any interest accruing thereon, must be placed in the state parks gift fund and is appropriated to the department on a continuing basis. The fund may be used and disbursed by the parks and recreation department in accordance with the terms of the donation as determined by the director, except any expenditure in excess of fifty thousand dollars from funds the donor has not designated or conditioned the use of for a specific purpose is subject to approval by the emergency commission and the legislative assembly or the budget section if the legislative assembly is not in session. Any request considered by the budget section must comply with section 54-35-02.9. The department shall notify the office of management and budget biennially regarding the current amount of moneys in the fund and any expenditures from the fund in the past biennium.

Source:

S.L. 1989, ch. 686, § 2; 1991, ch. 640, § 23; 1991, ch. 646, § 1; 1993, ch. 80, § 25; 2021, ch. 456, § 1, effective August 1, 2021.

55-08-08. State park revenue bonds.

For the purpose of paying all or part of the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of properties for state parks, state campgrounds, state recreation areas, and reserves, as described in subsection 2 of section 55-08-07, which may be authorized by the legislative assembly, the money may be borrowed on the credit of the revenues to be received in the state park fund. The borrowing must be authorized by a board consisting of the governor, the state treasurer, and the director of the parks and recreation department, by resolution or resolutions duly adopted by the vote of a majority of all members of the board. In anticipation of the collections of the revenues, negotiable bonds may be issued in an amount as, in the opinion of the board, may be necessary for that purpose, within the limits of the authority granted by the legislative assembly in each instance, and the board may provide for the payment of the bonds and the rights of the holders of the bonds as provided in this chapter. The bonds may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding forty years from their date, may be in such denomination or denominations, may be in such form, either coupon or fully registered or registered as to ownership or principal, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, may be subject to such terms of redemption with or without premium, and may bear such rate or rates of interest, as may be provided by resolution or resolutions to be adopted by the board, subject to this section. The bonds may be sold in such manner and at such price or prices, not less than ninety-eight percent of par plus accrued interest to date of delivery, as may be considered by the board to be advisable. The bonds must have all of the qualities and incidents of negotiable paper, and the bonds and the income from the bonds are exempt from any taxes, except inheritance, estate, and transfer taxes. The board may in its discretion authorize one series of bonds hereunder for more than one project, at more than one state park, state campground, state recreation area, or reserve. It may also issue series of bonds hereunder for the refunding of outstanding bonds issued hereunder when such action is desirable in its judgment and is consistent with the terms of the resolution or resolutions authorizing the outstanding bonds.

Source:

S.L. 1965, ch. 379, § 27; 1971, ch. 249, § 24; 1981, ch. 269, § 23; 1991, ch. 640, § 24; 1993, ch. 80, § 26.

55-08-09. Revenue bond fund.

After the issuance of any bonds under section 55-08-08, the state treasurer shall transfer revenues at the times and in the amounts directed in section 55-08-07 to a special trust fund to be known as the state park revenue bond fund, which must be maintained in the state treasury until all bonds issued under section 55-08-08 and all interest on the bonds is fully paid and discharged. This fund must be disbursed by the state treasurer solely for the purpose of paying principal and interest when due on the bonds, and the treasurer shall also maintain in the fund, by the transfer of revenues from the state park fund whenever necessary and available, a reserve at all times equal to the total amount of principal and interest to become due on all the bonds within the then next period of twelve months. As principal and interest become due from time to time, the director of the office of management and budget, not less than fifteen days before the payment dates, shall issue warrants upon the state treasurer against the revenue bond fund for the amount of the payment coming due, and the state treasurer shall make payments from the fund of the amounts due.

Source:

S.L. 1965, ch. 379, § 27; 1991, ch. 640, § 25; 1993, ch. 80, § 27.

55-08-10. Covenants of board.

The board shall pledge irrevocably the revenues appropriated by section 55-08-07 to the state park fund for the payment of principal and interest due on all bonds issued pursuant to section 55-08-08 and for the accumulation and maintenance of the reserve in the state park revenue bond fund as provided in section 55-08-09. To secure the prompt payment of the principal and interest and the proper application of the revenues pledged thereto, the board may by appropriate provisions in the resolution or resolutions authorizing the bonds covenant as to the use and disposition of the proceeds of the sale of the bonds; the rights, liabilities, powers, and duties arising from the breach of any covenant or agreement into which it may enter in authorizing and issuing the bonds; the issuance of any other obligation payable from the revenues; and any other matters other than and in addition to those expressly mentioned in this section, as to which covenants may be considered necessary or advisable to effect the purposes of this chapter. All such agreements and covenants entered into by the board are enforceable by appropriate action or suit at law or in equity, which may be brought by any holder or holders of bonds issued hereunder.

Source:

S.L. 1965, ch. 379, § 27; 1991, ch. 640, § 26; 1993, ch. 80, § 28.

55-08-11. Limitation on use of bond proceeds.

No buildings or additions may be erected, and no bonds may be issued or the proceeds used for the payment of the cost of any projects under section 55-08-08, except for specified projects designated and authorized by legislative act, or the board if permitted by the legislative assembly. No such project may be erected at a cost exceeding the amount fixed by the legislative assembly or by the board if provided by the legislative assembly as the maximum to be expended for the project. The proceeds of all bonds credited to the state park fund must be used solely for the purpose or purposes for which the bonds are authorized. The board may make and execute all instruments which may be deemed necessary or advisable to provide for the completion of any project or for the sale of the bonds or for interim financing deemed necessary or advisable pending the sale of the bonds and pledging the proceeds of the bonds. The director of the office of management and budget shall issue warrants upon the state treasury against the fund for such amounts as is due upon audited itemized estimates and claims that bear the approval of the officials designated by the board for that purpose. The state park fund and revenue bond fund may be deposited by the state treasurer with the Bank of North Dakota or in a bank that is a duly designated depository for state funds, or may be invested under direction of the board in securities that are direct obligations of the United States of America, except to the extent that the investment is prohibited or restricted by any covenant made with or for the benefit of bondholders.

Source:

S.L. 1965, ch. 379, § 27; 1991, ch. 640, § 27; 1993, ch. 80, § 29.

55-08-12. Contracts with federal agencies.

The director of the parks and recreation department may enter into any agreements or contracts with the United States of America or any agency or instrumentality thereof when the director considers such action advisable or necessary in order to obtain a grant of funds or other aid to be used in connection with the proceeds of the bonds in paying the cost of a project.

Source:

S.L. 1965, ch. 379, § 27; 1991, ch. 640, § 28; 1993, ch. 80, § 30.

55-08-13. Construction of chapter — Statement to be included in bonds.

This chapter does not authorize or permit any state board or agency or any state officer to create any indebtedness of the state or to incur any obligation of any kind or nature except an obligation payable solely from the special trust funds created under this chapter and the revenues appropriated to the funds. The state or any funds or moneys of the state other than the special trust funds may not be deemed obligated for the payment of bonds issued under section 55-08-08. All such bonds must include or must have endorsed on the bonds a statement that the bonds do not constitute an indebtedness of the state and are payable solely from the revenues appropriated to the state park fund and revenue bond fund.

Source:

S.L. 1965, ch. 379, § 27; 1991, ch. 640, § 29; 1993, ch. 80, § 31.

55-08-14. Projects and revenue bonds authorized — Appropriation. [Repealed]

Repealed by S.L. 2003, ch. 42, § 9.

55-08-14.1. Leadership and facilities grants.

The parks and recreation department shall administer the funds made available to provide for recreational leadership grants and facilities grants in the following manner:

  1. Up to twenty-five percent of all moneys made available to the department for the grants may be used for a leadership grant program with priority given to communities with a population of thirteen thousand or less. Within the availability of legislative appropriations, moneys must be provided to grant recipients over a three-year period on a seventy-five percent matching basis for the first year of a grant, fifty percent matching basis for the second year of a grant, and twenty-five percent matching basis for the third year of the grant, after which the program must be fully funded locally.
  2. No less than seventy percent of all moneys made available to the department for the grants must be used for a facilities grant program. This program must provide funds, on a fifty percent matching basis, for political subdivisions to improve, renovate, or construct any type of facility primarily used for park and recreation purposes.
  3. Up to five percent of all moneys made available to the department biennially for the recreational and facilities grants program may be used by the department for administration of leadership and facilities grants and to ensure completion of the projects funded.

Source:

S.L. 1985, ch. 593, § 1; 1991, ch. 640, § 30; 1993, ch. 80, § 32; 2009, ch. 19, § 7.

55-08-15. Attorney general, state’s attorneys, sheriffs, and peace officers to enforce chapter.

The attorney general and all state’s attorneys, sheriffs, and other peace officers shall enforce this chapter.

Source:

S.L. 1983, ch. 588, § 1; 1985, ch. 151, § 34; 1991, ch. 640, § 31.

55-08-16. Uniform complaint and summons — Promise to appear — Penalty.

There is hereby established a uniform complaint and summons which may be used in cases involving violations of this chapter. Whenever the complaint and summons established by this section is used, the provisions of the North Dakota Rules of Criminal Procedure relating to arrests without warrants do not apply, and the magistrates or state’s attorneys are not required to make another complaint of the offense charged in the uniform complaint and summons. The uniform complaint and summons must be of a form prescribed by the director and approved by the attorney general. The time of court appearance to be specified in the summons must be at least five days after the issuance of such summons unless the defendant demands an earlier hearing. Upon receipt from the defendant of written promise to appear at the time and place specified in the summons, the defendant must be released from custody. After signing a promise to appear, the defendant must be given a copy of the uniform complaint and summons. Any person refusing to give such written promise to appear may be arrested if proper cause exists, or proceeded against by complaint and warrant of arrest issued as provided in the North Dakota Rules of Criminal Procedure. Defendant’s failure to appear at the time and place designated after signing a promise to appear is a class B misdemeanor. The uniform summons and complaint may not be used if the officer, acting within the officer’s discretion, has reason to believe the defendant will not be subject to arrest upon a warrant issued by a magistrate. The halting officer shall immediately take any person not released upon the person’s promise to appear before the nearest or most accessible magistrate.

Source:

S.L. 1983, ch. 588, § 1.

Cross-References.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

55-08-17. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a noncriminal violation.

Source:

S.L. 1983, ch. 588, § 1; 2011, ch. 440, § 4.

55-08-18. Violations noncriminal — Procedures.

Any person who has been cited for a violation of this title or related rules may appear before a court of competent jurisdiction and pay the statutory fee at or prior to the time scheduled for a hearing or, if bond has been posted, may forfeit the bond by not appearing at the scheduled time. A person appearing at the time scheduled in the citation may make a statement in explanation of that person’s action and the judge may at that time waive, reduce, or suspend the statutory fee or bond, or both. If the person cited follows the foregoing procedures, that person has admitted the violation and has waived the right to a hearing on the issue of commission of the violation. The bond required to secure appearance before the judge must be identical to the administrative fee established by section 55-08-19. Within ten days after forfeiture of bond or payment of the statutory fee, the judge shall certify to the director admission of the violation.

Source:

S.L. 2011, ch. 440, § 2.

55-08-19. Amount of statutory fees.

The fees required for a noncriminal disposition pursuant to section 55-08-18 are as follows:

  1. For a class 1 noncriminal offense, a fee of one hundred dollars.
  2. For a class 2 noncriminal offense, a fee of fifty dollars.
  3. For a class 3 noncriminal offense, a fee of twenty-five dollars.
  4. For violation of a rule approved by the director, the amount set in the rule, up to a maximum of two hundred fifty dollars.
  5. The director shall have the discretion to classify violations of parks and recreation department rules.

Source:

S.L. 2011, ch. 440, § 3.

CHAPTER 55-09 Heritage Commission [Repealed]

[Repealed by S.L. 1979, ch. 582, § 1]

CHAPTER 55-10 Preservation of Historic Sites and Antiquities

55-10-01. Policy.

It is hereby declared to be in the public interest to provide for the preservation of historic sites, buildings, structures, and antiquities of state and national significance for the inspiration, use, and benefit of the people of the state of North Dakota.

Source:

S.L. 1967, ch. 415, § 1.

Collateral References.

Validity and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990.

Validity, construction, and application of Antiquities Act of 1906, 16 U.S.C.A. §§ 431 et seq. 11 A.L.R. Fed. 2d 623.

Law Reviews.

North Dakota’s Historic Preservation Law, Robert E. Beck, 53 N.D. L. Rev. 177 (1976).

55-10-02. Definitions.

  1. Land or water areas containing historical or archaeological value for the purpose of this chapter are designated as “state historic sites”. A state historic site is also an area designated by the state historical society as a site possessing historical value of state or national significance. The term state historic site includes the items defined in this section.
  2. A “state historical marker” is a plaque, sign, or marker authorized by the state historical society and includes markers maintained by the department of transportation, the state parks and recreation department, or other departments or agencies of the state and its governmental subdivisions.
  3. A “state archaeological site” is an area that primarily relates to prehistoric man, designated by the state historical society as possessing state or national significance.
  4. The “state historic sites registry” is a listing of sites designated by the state historical board as state historic sites according to written criteria established by the board. Sites that have lost characteristics for which they were determined to meet the criteria may be removed from the registry by the state historical board. This registry, and any subsequent annual updates, must be published and distributed.

Source:

S.L. 1967, ch. 415, § 2; 1975, ch. 500, § 1; 1985, ch. 594, § 1; 2001, ch. 503, § 50.

Notes to Decisions

Authority to Place Sites on Registry.

Subdivision 4 of this section must be construed to give the board the authority to place sites of historical value on the registry. County of Stutsman v. State Historical Soc'y, 371 N.W.2d 321, 1985 N.D. LEXIS 354 (N.D. 1985).

The authority to put historical sites on the registry involves a proper delegation of power by the legislature to the board. County of Stutsman v. State Historical Soc'y, 371 N.W.2d 321, 1985 N.D. LEXIS 354 (N.D. 1985).

Failure of the legislature to define “historical value” in subdivision 4 of this section, which prior to its amendment in 1985 provided that the state historic sites registry should be a listing of sites designated by the state historical board of the state historical society as possessing historical value, did not deprive the board of its authority to place sites on the registry, nor render subdivision 4 unconstitutionally vague. County of Stutsman v. State Historical Soc'y, 371 N.W.2d 321, 1985 N.D. LEXIS 354 (N.D. 1985).

Challenge to Placement of Site on Registry.

Stutsman County, owner of courthouse placed by the state historical board on the state historic sites registry pursuant to subdivision 4 of this section, could not successfully assert a violation of its constitutional rights by virtue of the board’s action, because it is not a person or private party. County of Stutsman v. State Historical Soc'y, 371 N.W.2d 321, 1985 N.D. LEXIS 354 (N.D. 1985).

55-10-03. State historic sites — Registry. [Repealed]

Repealed by S.L. 2001, ch. 503, § 57.

55-10-04. State historic sites — Registry — State-owned lands administered by the parks and recreation department or state historical society. [Repealed]

Repealed by S.L. 2001, ch. 503, § 57.

55-10-05. State historic sites — Registry — Federally owned lands. [Repealed]

Repealed by S.L. 2001, ch. 503, § 57.

55-10-06. State historic sites — Registry — Privately owned lands. [Repealed]

Repealed by S.L. 2001, ch. 503, § 57.

55-10-07. Notice to state historical society of land acquisition.

Whenever the state or any governmental subdivision acquires any of the property listed in the state historic sites registry as a state historic site, the officer in charge of the acquisition shall notify in writing, as promptly as may be expedient, the director of the state historical society of the acquisition.

Source:

S.L. 1967, ch. 415, § 7; 1975, ch. 500, § 3; 2001, ch. 503, § 51.

55-10-08. Duties of the state and political subdivisions in regard to state historic sites — Historic easements — Prohibitions.

  1. The state, its departments and agencies, and each political subdivision are by this chapter notified of the existence of state historic sites on land and water areas in North Dakota listed in the state historic sites registry.
  2. The state or a political subdivision may not demolish or cause to alter the physical features or historic character of any site listed in the state historic sites registry as a state historic site without first obtaining the prior approval from the director of the state historical society upon authorization of the state historical board, unless section 55-02-07.2 applies to the site. The state and political subdivisions shall cooperate with the director of the state historical society in identifying and implementing any reasonable alternative to demolition or alteration of any state historic site before the board approves the demolition or alteration.
  3. The state or a political subdivision may acquire fee title to a state historic site, or property listed in the national register of historic places, or may acquire a historic easement with respect to a privately owned state historic site, or property listed in the national register of historic places, and buildings and structures thereon when restored, reconstructed, or improved in accordance with plans approved by the director of the state historical society. A historic easement is:
    1. A nonpossessory interest in the real property, imposing limitations or affirmative obligations the purposes of which include preserving the historic aspects of the property as so restored, reconstructed, or improved;
    2. Created and capable of being conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, except as otherwise provided in this subsection; provided, that no right or duty in favor of or against a holder or another party having a right of enforcement arises under a historic easement before it is accepted by the holder and the acceptance is recorded;
    3. Held by the grantee for the benefit of its citizens and the people of the state generally;
    4. Specifically enforceable by the grantee or, if so provided by the grant, by the state or a political subdivision;
    5. Binding upon the holder of the servient tenement and that person’s successors and assigns;
    6. Limited to a term of years provided in the grant and approved by the director of the state historical society, not exceeding the estimated useful life of the real property as restored, reconstructed, or improved, and not less than the term of any loan made by the holder to finance in whole or in part the cost of the restoration, reconstruction, or improvement;
    7. Subject to no other legal limitation upon the duration of estates or of restraint on the alienation thereof, except the limitation contained in section 47-05-02.1; and
    8. Subordinate to any interest existing when the easement is created, in the real property affected thereby, unless the owner of the interest is the grantor of the easement or consents to it.
  4. A historic easement is valid even though:
    1. It is not appurtenant to an interest in real property;
    2. It can be or has been assigned to another holder;
    3. It is not of a character that has been recognized traditionally at common law;
    4. It imposes a negative burden;
    5. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
    6. The benefit does not touch or concern real property; or
    7. There is no privity of estate or of contract.
  5. A project comprising the acquisition of a state historic site or of a historic easement with reference thereto, and the restoration, reconstruction, and improvement of the site and buildings and structures thereon to preserve physical characteristics of historic importance, is declared to be a proper and necessary purpose for the expenditure of public funds. The proceeds of tax increments or bonds or both may be expended by a city for such a project within an urban renewal area when determined by the governing body to be desirable for the redevelopment, rehabilitation, and conservation of the area in accordance with chapter 40-58.
  6. If any state agency or department or a political subdivision objects to any decision of the state historical board to disallow alteration or demolition of a site listed on the state historic sites registry, the objecting party may submit the objection to arbitration. Arbitration may also be demanded by either the board or the objecting party if the board or the objecting party determines that the other has failed to cooperate in identifying or implementing reasonable alternatives to demolition or alteration. The party desiring arbitration shall make a written demand therefor of the other and in the demand shall name three arbitrators. The demand must also set forth the objections that the party desires to submit to arbitration, with reference to the particular state historic site. The demand must be made within ninety days of a decision by the board. The demand must be served upon the other party, which, within ten days, shall name in writing three arbitrators, and set forth in writing its response to the objections set forth in the demand served upon it and any additional objections that it desires to submit to arbitration on its part. The six arbitrators selected shall name a seventh arbitrator. If the party proceeded against fails or refuses to name three arbitrators, the moving party may apply ex parte to the judge of the district court of the county in which the state historical site in question, or any part thereof, is located, for the appointment of the unnamed arbitrators. If upon the appointment of three arbitrators by each of the parties, the six have been unable to agree upon a seventh arbitrator within five days, either party, upon five days’ notice may apply to the district court for the appointment of the seventh arbitrator. The political subdivision may select its arbitrators from among the governing board of the affected political subdivision, from any regular or special committee appointed by the governing board, whether serving on such governing board or not, or from any combination thereof. A state agency may select its arbitrators from its officers or employees. The state historical board may select its arbitrators from among the board itself, from an executive committee of the board, or from any combination thereof. When a panel of arbitrators has been appointed, a submission in writing must be acknowledged by the parties in the same manner as a conveyance of real property and may fix the time on or before which the award must be made. The submission must provide for the entry of judgment upon the award by the district court of the county within which the state historical site or some part thereof is located. The submission must also provide that each party shall bear its own arbitration costs and expenses, however, the costs and expenses relating to the seventh arbitrator must be borne equally by both parties to the dispute. The seven arbitrators shall proceed to resolve the controversies brought before them, and the decision of the arbitrators, or a majority of them, must be given in writing to the parties concerned and is binding upon both parties. Thereafter, the arbitration must proceed in accordance with chapter 32-29.2.

Source:

S.L. 1967, ch. 415, § 8; 1975, ch. 500, § 4; 1983, ch. 589, § 3; 1985, ch. 595, § 1; 1987, ch. 667, § 1; 1989, ch. 69, § 63; 1999, ch. 486, § 1; 2001, ch. 503, § 52; 2003, ch. 511, § 3.

55-10-09. Cooperation.

The state and its political subdivisions shall cooperate with the director of the state historical society in safeguarding state historic sites and in the preservation of historic and archaeological sites.

Source:

S.L. 1967, ch. 415, § 9; 2001, ch. 503, § 53.

Cross-References.

Prehistoric sites and deposits, protection, see N.D.C.C. ch. 55-03.

55-10-10. North Dakota historic sites — Changes.

Sites designated as state historic sites may be changed from time to time. The director of the state historical society shall notify the legislative assembly of each change.

Source:

S.L. 1967, ch. 415, § 10; 2001, ch. 503, § 54.

55-10-11. Recognition of federal historical preservation law.

The state of North Dakota hereby recognizes the provisions of Public Law 89-665, [16 U.S.C. 470 et seq.] approved October 15, 1966, an Act to establish a program for the preservation of additional historic properties throughout the nation, and all acts amendatory and supplementary thereto. The state historical society of North Dakota is hereby authorized and empowered to conduct, coordinate, and carry out the purposes and objectives of this Act of Congress to the extent to which this Act is determined by the state historical board to be beneficial to the state of North Dakota. The state historical society may carry out a comprehensive statewide historic survey in accordance with criteria established by the secretary of the interior for the preservation, acquisition, and development of such property as provided in the Act of Congress. The society may transfer funds made available to the state to other state agencies, local governments, and to other public bodies, private organizations, and individuals for the acquisition of title or interests in, and for the development of, any district, site, building, structure, or object significant in American history, architecture, archaeology, and culture, or property used in that connection, and for its development to assure the preservation for public benefit of any historic properties, in compliance with this Act of Congress and with rules and regulations promulgated by the secretary of the interior for its administration. For these purposes, the state historical society may inspect the projects and examine the records of those projects eligible for grants and may establish necessary rules and regulations for the projects.

Source:

S.L. 1971, ch. 530, § 1; 1979, ch. 583, § 1; 1985, ch. 596, § 1.

55-10-12. State historical marker program.

The state historical society may develop and administer a historical marker program for the purpose of identifying local, state, and national points of interest in this state. The society shall authorize official markers to mark recognized sites and shall maintain an official historical markers’ sites listing. All costs, including production, installation, and maintenance of a historical marker, are the responsibility of the applicant or sponsor of the marker.

Source:

S.L. 1975, ch. 500, § 2; 2001, ch. 503, § 55; 2005, ch. 541, § 1.

55-10-13. Defacing historical marker — Penalty.

A person is guilty of an infraction if the person destroys, removes, alters, defaces, or damages any state historical marker.

Source:

S.L. 1977, ch. 505, § 1.

Cross-References.

Penalty for infraction, see N.D.C.C. § 12.1-32-01.

55-10-14. Ronald Reagan historic site.

If the state historical society acquires a missile silo historic site, the site is named the Ronald Reagan historic site.

Source:

S.L. 2007, ch. 18, § 40.

CHAPTER 55-11 Nature Preserves

55-11-01. Declaration of policy.

As a result of the continuing growth of the population and development of the economy of the state of North Dakota, it is necessary and desirable that natural areas be set aside and preserved for the benefit of present and future generations before such areas are destroyed. Such areas are irreplaceable as laboratories for scientific research; as reservoirs of natural materials not all of the uses of which are now known; as habitats for plant and animal species and biotic communities, the diversity of which enriches the meaning and enjoyment of human life; as living museums where people may observe natural biotic and environmental systems of the earth and the interdependence of all forms of life; as examples of our natural heritage; and as reminders of the vital dependence of the health of the human community upon the health of the natural communities of which human health is an inseparable part. It is essential to the people of the state of North Dakota that they retain the opportunities to maintain close contact with such living communities and environmental systems of the earth and to benefit from the scientific, aesthetic, cultural, and spiritual values they possess. It is therefore the public policy of the state of North Dakota that such areas be acquired and preserved by the state and that other agencies, organizations, and individuals, both public and private, be encouraged to set aside such areas for the common benefit of the people of present and future generations.

Source:

S.L. 1975, ch. 501, § 1.

Cross-References.

Game refuges and game management areas, see N.D.C.C. ch. 20.1-11.

Law Reviews.

North Dakota’s Historic Preservation Law, Robert E. Beck, 53 N.D. L. Rev. 177 (1976).

55-11-02. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Articles of dedication” means the writing by which any estate, interest, or right in a natural area is formally dedicated as permitted by section 55-11-05.
  2. “Dedicate” and “dedication” mean the transfer to the department, for and on behalf of the state of North Dakota, of an estate, interest, or right in a natural area in any manner permitted by section 55-11-05.
  3. “Department” means the parks and recreation department.
  4. “Natural area” means an area of land or water, or both land and water, whether in public or private ownership, which either retains or has re-established its natural character, whether or not it has been disturbed, or has unusual flora or fauna or has biotic, geological, aesthetic, scenic, or paleontological features of scientific or educational value, or which is selected or accepted by the department for the purpose of the re-establishment of such features of scientific or educational value.
  5. “Nature preserve” means any natural area or any estate, interest, or right which has been formally dedicated under the provisions of this chapter.

Source:

S.L. 1975, ch. 501, § 2; 1991, ch. 640, § 33; 1993, ch. 80, § 34.

55-11-03. System of nature preserves — Uses and purposes.

In order to secure for the people of the state of North Dakota, of present and future generations, the benefits of an enduring resource of natural areas, the state of North Dakota, acting through the department, shall acquire and hold in trust for the benefit of the people of the state of North Dakota an adequate system of nature preserves for the following uses and purposes:

  1. For scientific research in such fields as agriculture, ecology, forestry, genetics, geology, paleontology, pharmacology, soil science, taxonomy, and similar fields.
  2. For the teaching of biology, natural history, ecology, conservation, and other subjects.
  3. As habitats for plant and animal species and communities and other natural objects.
  4. As reservoirs of natural materials.
  5. As places of natural interest and beauty.
  6. As living illustrations of our natural heritage wherein one may observe and experience natural biotic and environmental systems of the earth and their processes.
  7. To promote understanding and appreciation of the aesthetic, cultural, and spiritual values of such natural areas by the people of the state of North Dakota.
  8. For the preservation and protection of natural areas against modification or encroachment resulting from occupation, development, or other use which would destroy the scientific, educational, or aesthetic value of such areas.

Source:

S.L. 1975, ch. 501, § 3.

55-11-04. State parks and recreation department — Advisers — Meetings. [Repealed]

Repealed by S.L. 1991, ch. 640, § 41.

55-11-05. Acquisition of nature preserves and natural areas.

The department is authorized and empowered, for and on behalf of the state of North Dakota, to acquire nature preserves by gift, devise, or exchange, or purchase, with prior approval of the legislative assembly or governor. The department may acquire the fee simple interest in a natural area or any one or more lesser estates, interests, and rights therein, including, without limitation upon the generality of the foregoing by reason of specification, a leasehold estate, an easement either appurtenant or in gross and either granting the state specified rights of use or denying to the grantor specified rights of use, or both.

Source:

S.L. 1975, ch. 501, § 5; 1985, ch. 597, § 2.

55-11-06. Dedication of natural areas — Recording of articles of dedication.

An estate, interest, or right in a natural area may be dedicated by any state agency having jurisdiction thereof, by any other unit of government within the state having jurisdiction thereof, and by any private owner thereof. A dedication must be deemed effective, and a natural area becomes a nature preserve, only upon the acceptance of the articles of dedication by the department. Articles of dedication must be placed on record in the office of the recorder in the county in which the natural area is located.

Source:

S.L. 1975, ch. 501, § 6; 2001, ch. 120, § 1.

55-11-07. Articles of dedication — Contents.

Articles of dedication may contain restrictions and other provisions relating to management, use, development, transfer, and public access and may contain such other restrictions and provisions as may be necessary or advisable to further the purposes of this chapter. They may, consistently with the purposes of this chapter, define the respective rights and duties of the owner or operating agency and the department. They may provide procedures to be applied in case of violation of their restrictions and other provisions. They may recognize and create reversionary rights and transfers upon conditions or with limitations. They may vary in provisions from one nature preserve to another in accordance with differences in characteristics and conditions of the several natural areas.

Source:

S.L. 1975, ch. 501, § 7.

55-11-08. Amendments to articles of dedication — Approval of governor — Restriction.

With the approval of the governor and upon such terms and conditions as the department may determine, the department may, after giving notice and holding a public hearing as provided in section 55-11-12, enter into amendments of any articles of dedication upon a finding by the department that such amendments will not permit an impairment, disturbance, use, or development of the natural area inconsistent with the purposes of this chapter; provided, however, that if the fee simple interest in the natural area is not held by the state of North Dakota under this chapter, no amendment may be made without the written consent of the owner or owners of the fee simple interest therein.

Source:

S.L. 1975, ch. 501, § 8.

55-11-09. Department — Powers and duties — Penalty.

In furtherance of the purposes of this chapter and in implementation of the powers and duties provided in this chapter, the department has the following additional powers and duties:

  1. To formulate policies for the selection, acquisition, use, management, and protection of nature preserves.
  2. To determine, supervise, and control the management of nature preserves and to make, publish, and amend reasonable rules necessary or advisable for the use and protection of nature preserves and for the business of the department.
  3. To encourage and recommend the dedication of natural areas as nature preserves.
  4. To acquire land adjacent to any nature preserve when necessary to serve as a protective buffer or service area, or both, for the nature preserve. No such buffer or service area is a nature preserve unless an estate, interest, or right therein is thereafter dedicated as a nature preserve under this chapter.
  5. To cooperate and contract with any agency, organization, or individual.
  6. To accept, administer, and use for the purposes of this chapter, gifts, grants, devises, and bequests of money, securities, and other property, conditional or unconditional, but the department may refuse any gift, grant, devise, or bequest which is upon terms or conditions unacceptable to it.
  7. To make surveys and maintain registers and records of nature preserves and other natural areas within the state.
  8. To promote, and to conduct or contract for, research and investigation of nature preserves and other natural areas within the state.
  9. To carry on interpretive programs and publish and disseminate information pertaining to nature preserves and other natural areas within the state.
  10. To promote and assist in the establishment, restoration, and protection of, and advise in the management of, natural areas and to foster and aid in the establishment, restoration, and preservation of natural conditions within the state elsewhere than in the system.
  11. To design and control the use of official state nature preserve signs and to recommend to the department of transportation locations for such signs.
  12. To submit to the governor an annual report on or before December thirty-first of each year which shall account for each nature preserve in the system and make such other reports and recommendations as the department may deem advisable.
  13. To adopt suitable rules relating to the protection, care, and use of any state nature preserve or state-owned or state-managed natural area. Enforcement of these rules shall comply with the powers granted in chapter 55-08.

Source:

S.L. 1975, ch. 501, § 9; 1987, ch. 668, § 1; 1991, ch. 640, § 34; 2011, ch. 440, § 5.

55-11-10. Advisers to the state parks and recreation department. [Repealed]

Repealed by S.L. 1991, ch. 640, § 41.

55-11-11. Nature preserves — Taking for another use — Limitations.

Each nature preserve within the system is hereby declared to be held in trust for those uses and purposes expressed in this chapter, which are not prohibited by the articles of dedication, for the benefit of the people of the state of North Dakota, of present and future generations, and declared to be put to its highest, best, and most important use for the public benefit. It must be managed and protected in the manner approved by, and subject to the rules and regulations established by, the department. It may not be taken for any other use except another higher public use after a finding by the department of the existence of an imperative and unavoidable public necessity for such other higher public use and with the approval of the governor. Except as may otherwise be provided in the articles of dedication, the department may grant, for a fair consideration and upon such terms and conditions as it may determine, an estate, interest, or right in, or the department may dispose of, a nature preserve, but only after a finding by the department of the existence of an imperative and unavoidable public necessity of a higher nature for such grant or disposition and such finding must be made subject to the approval of the governor.

Source:

S.L. 1975, ch. 501, § 11.

55-11-12. Hearings — Notice.

Before the department makes any finding of the existence of an imperative and unavoidable public necessity of a higher nature, or grants any estate, interest, or right in a nature preserve, or disposes of a nature preserve or of any estate, interest, or right therein as provided in section 55-11-11, or enters into any amendment of any articles of dedication as provided in section 55-11-06, it shall give notice of such proposed action and an opportunity for any person to be heard. Such notice must be published once each week for two successive weeks in a newspaper having a general circulation in the county or counties wherein the nature preserve is located and must be mailed within five days after such publication to all persons who have requested notice of all such proposed actions. The notice must set forth the substance of the proposed action and describe, with or without legal description, the nature preserve affected, and must specify a place and time not less than thirty days nor more than sixty days after such publication for a public hearing before the department on such proposed action. All persons desiring to be heard must have a reasonable opportunity to be heard prior to action by the department on such proposal.

Source:

S.L. 1975, ch. 501, § 12.

55-11-13. Limitations.

Nothing contained in this chapter may be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, or other area, or the proper management and development thereof, except that any agency administering a natural area dedicated as a nature preserve under the provisions of this chapter is responsible for preserving the character of the natural area in accordance with the articles of dedication and the applicable rules and regulations with respect thereto established by the department from time to time. Neither the dedication of a natural area as a nature preserve nor any action taken by the department under any of the provisions of this chapter voids or replaces any protective status under law which the natural area would have if it were not a nature preserve, and the protection provisions of this chapter are supplemental thereto. Under the provisions of this chapter, the department may not have or use the right of eminent domain.

Source:

S.L. 1975, ch. 501, § 13.

CHAPTER 55-12 Museum or Historical Society Unclaimed Property

55-12-01. When property held by museum or historical society deemed abandoned.

Any property held by a museum or historical society in this state that is held for ten years or more and to which no person has made claim is deemed to be abandoned and becomes the property of the museum or society, provided the museum or society has complied with the publication and notice requirements of this chapter.

Source:

S.L. 1995, ch. 543, § 1.

55-12-02. Publication of notice of abandoned property.

The museum or society shall publish a notice as a display advertisement entitled “notice of abandoned property held by a museum or historical society” at least once each week for two successive weeks in a legal newspaper of general circulation in the county in this state where the last-known address of any owner of property named in the notice is located. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has that person’s principal place of business within this state.

Source:

S.L. 1995, ch. 543, § 1.

55-12-03. Notice requirements for abandoned property.

The published notice for abandoned property held by a museum or historical society must contain:

  1. The name and last-known address, if any, of the last-known owner of property;
  2. A description of the property; and
  3. A statement that if proof of claim is not presented by the owner to the museum or society and if the owner’s right to receive the property is not established to the museum’s or society’s satisfaction within sixty-five days from the date of the second published notice, the property is deemed abandoned and becomes the property of the museum or society.

Source:

S.L. 1995, ch. 543, § 1.

55-12-04. Title to abandoned property vested in museum or historical society.

If no claim has been made to the property within sixty-five days from the date of the second published notice, title to the property vests in the museum or society, free of all claims of the owner and of all persons claiming through or under the owner.

Source:

S.L. 1995, ch. 543, § 1.