N.D. Cent. Code § 55-08-02 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-02
55-08-02. State park advisory council
Status: repealed

55-08-02. State park advisory council

Repealed by S.L. 1971, ch. 527, § 1.
N.D. Cent. Code § 55-08-12 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-12
55-08-12. Contracts with federal agencies
Status: in_force

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.
N.D. Cent. Code § 55-08-05 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-05
55-08-05. Charges for services
Status: in_force

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. 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. Provide water, sewer, and electric service to trailer or tent campsites and buildings and

structures included in projects authorized by the legislative assembly.

4. 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.

5. 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.

6. Charge and collect motor vehicle permit fees as established under section 55-08-06.

7. Allow the sale of advertising in parks and recreation publications. The director may

make rules regarding advertisement contracts and charges, space availability, and

content.
N.D. Cent. Code § 55-02.1-08 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-08
55-02.1-08. Availability of archival resources to the public
Status: in_force

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.
N.D. Cent. Code § 55-10-14 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-14
55-10-14. Ronald Reagan historic site
Status: in_force

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.
N.D. Cent. Code § 55-08-01 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01
55-08-01. North Dakota parks and recreation department
Status: repealed

55-08-01. North Dakota parks and recreation department

Repealed by S.L. 1991, ch. 640, § 41.
N.D. Cent. Code § 55-10-02 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-02
55-10-02. Definitions
Status: in_force

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.
N.D. Cent. Code § 55-12-03 — ND Code / Title 55 / Chapter 55-12 / Section 55-12-03
55-12-03. Notice requirements for abandoned property
Status: in_force

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.
N.D. Cent. Code § 55-05-03 — ND Code / Title 55 / Chapter 55-05 / Section 55-05-03
55-05-03. Land conveyed to International Peace Garden exempt from taxation
Status: in_force

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.
N.D. Cent. Code § 55-08-01.5 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01.5
55-08-01.5. Duties of director
Status: repealed

55-08-01.5. Duties of director

Repealed by S.L. 1993, ch. 80, § 39.
N.D. Cent. Code § 55-11-12 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-12
55-11-12. Hearings - Notice
Status: in_force

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.
N.D. Cent. Code § 55-10-01 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-01
55-10-01. Policy
Status: in_force

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.
N.D. Cent. Code § 55-03-05 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-05
55-03-05. Landowner may explore on his own land
Status: repealed

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

Repealed by S.L. 1989, ch. 307, § 7.
N.D. Cent. Code § 55-03-06 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-06
55-03-06. Archaeological or paleontological materials retained upon sale of land by state or municipality
Status: in_force

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.
N.D. Cent. Code § 55-08-06.1 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-06.1
55-08-06.1. Exceptions to motor vehicle permits and fees authorized
Status: repealed

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

Repealed by S.L. 1991, ch. 644, § 3.
N.D. Cent. Code § 55-02-01.2 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-01.2
55-02-01.2. Duties of the director
Status: in_force

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.
N.D. Cent. Code § 55-02-01.3 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-01.3
55-02-01.3. Director to advise director of parks and recreation department
Status: in_force

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.
N.D. Cent. Code § 55-10-08 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-08
55-10-08. Duties of the state and political subdivisions in regard to state historic sites - Historic easements - Prohibitions
Status: in_force

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:

a. 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;

b. 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;

c. Held by the grantee for the benefit of its citizens and the people of the state

generally;

d. Specifically enforceable by the grantee or, if so provided by the grant, by the state

or a political subdivision;

e. Binding upon the holder of the servient tenement and that person's successors

and assigns;

f. 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;

g. 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

h. 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:

a. It is not appurtenant to an interest in real property;

b. It can be or has been assigned to another holder;

c. It is not of a character that has been recognized traditionally at common law;

d. It imposes a negative burden;

e. It imposes affirmative obligations upon the owner of an interest in the burdened

property or upon the holder;

f. The benefit does not touch or concern real property; or

g. 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.
N.D. Cent. Code § 55-02.1-03 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-03
55-02.1-03. Duties of state archivist
Status: in_force

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.
N.D. Cent. Code § 55-08-06 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-06
55-08-06. Permits for motor vehicles
Status: in_force

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 permit fee must be established by the director each year before being placed on sale

as prescribed by subsection 1:

a. Permits of appropriate special design may be sold individually at a fee

established by the director and for a designated period of not more than three

days; and

b. 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.

c. Unless a discount, lower fee, or package fee has been applied, a discount of

twenty-five percent 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:

a. 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.

b. 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.
N.D. Cent. Code § 55-02-08 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-08
55-02-08. Custody and control of former executive mansion - Maintenance responsibility
Status: in_force

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.
N.D. Cent. Code § 55-11-06 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-06
55-11-06. Dedication of natural areas - Recording of articles of dedication
Status: in_force

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.
N.D. Cent. Code § 55-10-05 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-05
55-10-05. State historic sites - Registry - Federally owned lands
Status: repealed

55-10-05. State historic sites - Registry - Federally owned lands

Repealed by S.L. 2001, ch. 503, § 57.
N.D. Cent. Code § 55-08-01.7 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01.7
55-08-01.7. North Dakota motion picture development office - Advisory board
Status: repealed

55-08-01.7. North Dakota motion picture development office - Advisory board

Repealed by S.L. 1995, ch. 54, § 44.
N.D. Cent. Code § 55-08-10 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-10
55-08-10. Covenants of board
Status: in_force

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.
N.D. Cent. Code § 55-10-11 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-11
55-10-11. Recognition of federal historical preservation law
Status: in_force

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.
N.D. Cent. Code § 55-08-03.1 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-03.1
55-08-03.1. Recreation grants programs - Function
Status: in_force

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.
N.D. Cent. Code § 55-08-07 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-07
55-08-07. State park fund - Appropriation
Status: in_force

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.

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.
N.D. Cent. Code § 55-01-00.1 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-00.1
55-01-00.1. Definitions
Status: in_force

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.
N.D. Cent. Code § 55-01-05 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-05
55-01-05. Land acquired for historical purposes - Title - Placed in custody of county historical societies
Status: in_force

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.
N.D. Cent. Code § 55-08-17 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-17
55-08-17. General penalty
Status: in_force

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.
N.D. Cent. Code § 55-02-09 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-09
55-02-09. Historical impact emergency fund - Administration by director of state historical society - Emergency commission authorization
Status: in_force

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.
N.D. Cent. Code § 55-11-05 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-05
55-11-05. Acquisition of nature preserves and natural areas
Status: in_force

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.
N.D. Cent. Code § 55-02.1-05 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-05
55-02.1-05. Depositories of archival resources
Status: in_force

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.
N.D. Cent. Code § 55-01-08 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-08
55-01-08. Appropriation for maintenance of Roosevelt cabin - Authorization to transfer cabin to national park service
Status: repealed

55-01-08. Appropriation for maintenance of Roosevelt cabin - Authorization to

transfer cabin to national park service.

Repealed by S.L. 2001, ch. 503, § 57.
N.D. Cent. Code § 55-11-07 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-07
55-11-07. Articles of dedication - Contents
Status: in_force

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.
N.D. Cent. Code § 55-08-08 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-08
55-08-08. State park revenue bonds
Status: in_force

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.
N.D. Cent. Code § 55-11-10 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-10
55-11-10. Advisers to the state parks and recreation department
Status: repealed

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

Repealed by S.L. 1991, ch. 640, § 41.
N.D. Cent. Code § 55-02-04 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-04
55-02-04. Fees for use of facilities - Concession agreements - Duration - Appropriation
Status: in_force

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:

a. Fix and collect reasonable fees for the use of the facilities of any property

administered by the society.

b. 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.

c. 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.
N.D. Cent. Code § 55-08-15 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-15
55-08-15. Attorney general, state's attorneys, sheriffs, and peace officers to enforce chapter
Status: in_force

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.
N.D. Cent. Code § 55-03-01 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-01
55-03-01. Permit required to investigate, evaluate, or mitigate adverse effect on cultural resources, historic buildings, structures, or objects - Application - Fee
Status: in_force

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 36 CFR

800 or any applicable state law, 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 as determined by the director. 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 determined by the director with every cultural resources identification, monitoring report,

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.
N.D. Cent. Code § 55-11-04 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-04
55-11-04. State parks and recreation department - Advisers - Meetings
Status: repealed

55-11-04. State parks and recreation department - Advisers - Meetings

Repealed by S.L. 1991, ch. 640, § 41.
N.D. Cent. Code § 55-01-11 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-11
55-01-11. State historical society responsible for the Camp Hancock museum
Status: in_force

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.
N.D. Cent. Code § 55-03-02 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-02
55-03-02. Contents of permit
Status: in_force

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.
N.D. Cent. Code § 55-02-02 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-02
55-02-02. Transfer of property from state historical society board to North Dakota park service
Status: repealed

55-02-02. Transfer of property from state historical society board to North Dakota

park service.

Repealed by S.L. 2001, ch. 503, § 57.
N.D. Cent. Code § 55-02.1-01 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-01
55-02.1-01. Archival resources defined
Status: in_force

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.
N.D. Cent. Code § 55-12-01 — ND Code / Title 55 / Chapter 55-12 / Section 55-12-01
55-12-01. When property held by museum or historical society deemed abandoned
Status: in_force

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.
N.D. Cent. Code § 55-11-01 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-01
55-11-01. Declaration of policy
Status: in_force

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.
N.D. Cent. Code § 55-08-09 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-09
55-08-09. Revenue bond fund
Status: in_force

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.
N.D. Cent. Code § 55-02-05 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-05
55-02-05. Contracting supervision and maintenance with other divisions of federal and state government - Compensation for expenses incurred
Status: in_force

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.
N.D. Cent. Code § 55-08-01.6 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01.6
55-08-01.6. State tourism policy
Status: repealed

55-08-01.6. State tourism policy

Repealed by S.L. 1993, ch. 80, § 39.
N.D. Cent. Code § 55-01-12 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-12
55-01-12. Criminal history record checks
Status: in_force

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.
N.D. Cent. Code § 55-03-04 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-04
55-03-04. Fees deposited in revolving fund - Use
Status: in_force

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.
N.D. Cent. Code § 55-11-13 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-13
55-11-13. Limitations
Status: in_force

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.
N.D. Cent. Code § 55-08-14.1 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-14.1
55-08-14.1. Leadership and facilities grants
Status: repealed

55-08-14.1. Leadership and facilities grants

Repealed by S.L. 2023, ch. 526, § 5.
N.D. Cent. Code § 55-11-02 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-02
55-11-02. Definitions
Status: in_force

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.
N.D. Cent. Code § 55-08-14 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-14
55-08-14. Projects and revenue bonds authorized - Appropriation
Status: repealed

55-08-14. Projects and revenue bonds authorized - Appropriation

Repealed by S.L. 2003, ch. 42, § 9.
N.D. Cent. Code § 55-01-06 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-06
55-01-06. Historical collections - Loan to county historical societies - Preservation
Status: in_force

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.
N.D. Cent. Code § 55-08-01.3 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01.3
55-08-01.3. Director of parks and recreation department - Powers - Penalty
Status: in_force

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.
N.D. Cent. Code § 55-02.1-04 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-04
55-02.1-04. Authority of state archivist concerning records from private sources
Status: in_force

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.
N.D. Cent. Code § 55-11-11 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-11
55-11-11. Nature preserves - Taking for another use - Limitations
Status: in_force

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.
N.D. Cent. Code § 55-10-13 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-13
55-10-13. Defacing historical marker - Penalty
Status: in_force

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.
N.D. Cent. Code § 55-08-04 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-04
55-08-04. Employees as peace officers
Status: in_force

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.
N.D. Cent. Code § 55-01-07 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-07
55-01-07. Claims incurred by society - How paid
Status: in_force

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.
N.D. Cent. Code § 55-10-12 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-12
55-10-12. State historical marker program
Status: in_force

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.
N.D. Cent. Code § 55-02-01 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-01
55-02-01. State historical board - Appointment of director - Duties
Status: in_force

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.
N.D. Cent. Code § 55-08-03.2 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-03.2
55-08-03.2. Expenditures through existing departments or agencies
Status: in_force

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.
N.D. Cent. Code § 55-02-01.1 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-01.1
55-02-01.1. Term of office - Vacancy - Salary and expenses
Status: in_force

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.
N.D. Cent. Code § 55-10-04 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-04
55-10-04. State historic sites - Registry - State-owned lands administered by the parks and recreation department or state historical society
Status: repealed

55-10-04. State historic sites - Registry - State-owned lands administered by the parks

and recreation department or state historical society.

Repealed by S.L. 2001, ch. 503, § 57.
N.D. Cent. Code § 55-01-15 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-15
55-01-15. State historical society responsible for the Lewis and Clark interpretive center
Status: in_force

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.
N.D. Cent. Code § 55-08-16 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-16
55-08-16. Uniform complaint and summons - Promise to appear - Penalty
Status: in_force

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.
N.D. Cent. Code § 55-03-00.1 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-00.1
55-03-00.1. Definitions
Status: in_force

55-03-00.1. Definitions

1. "Cultural resources" includes prehistoric or historic archaeological sites, burial

mounds, and unregistered graves.

2. "Mitigate adverse effect" includes:

a. 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.

b. The process of restoring, rehabilitating, reconstructing, stabilizing, or preserving,

through some other means, a cultural resource, historic building, structure, or

object.
N.D. Cent. Code § 55-01-10 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-10
55-01-10. Exchange of lands with other divisions of state government
Status: in_force

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.
N.D. Cent. Code § 55-02-07.1 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-07.1
55-02-07.1. Protection of prehistoric or historic site locational data
Status: in_force

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.
N.D. Cent. Code § 55-08-04.1 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-04.1
55-08-04.1. Writs served and executed by department peace officers - Others to aid department peace officers - When
Status: in_force

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.
N.D. Cent. Code § 55-08-01.1 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01.1
55-08-01.1. State parks and recreation policy
Status: in_force

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.
N.D. Cent. Code § 55-08-07.2 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-07.2
55-08-07.2. State parks gift fund - Fund use - Continuing appropriation - Emergency commission and budget section approval
Status: in_force

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.
N.D. Cent. Code § 55-08-06.2 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-06.2
55-08-06.2. North Dakota senior citizens passport
Status: repealed

55-08-06.2. North Dakota senior citizens passport

Repealed by S.L. 1999, ch. 485, § 2.
N.D. Cent. Code § 55-01-04 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-04
55-01-04. Acceptance of gifts, grants, devises, bequests, donations, and assignments - Deposited with the state treasurer - How expended
Status: in_force

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.
N.D. Cent. Code § 55-02-07.2 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-07.2
55-02-07.2. Protection of public health and safety on sites having a public function
Status: in_force

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.
N.D. Cent. Code § 55-01-09 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-09
55-01-09. North Dakota heritage study committee - Display area
Status: repealed

55-01-09. North Dakota heritage study committee - Display area

Repealed by S.L. 1979, ch. 93, § 1; 1979, ch. 550, § 15.
N.D. Cent. Code § 55-08-11 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-11
55-08-11. Limitation on use of bond proceeds
Status: in_force

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.
N.D. Cent. Code § 55-03-07 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-07
55-03-07. Violation of chapter - Penalty
Status: in_force

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.
N.D. Cent. Code § 55-08-03 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-03
55-08-03. Duties - Powers - Limitations - Penalty
Status: repealed

55-08-03. Duties - Powers - Limitations - Penalty

Repealed by S.L. 1991, ch. 640, § 41.
N.D. Cent. Code § 55-01-01 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-01
55-01-01. State historical board
Status: in_force

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.
N.D. Cent. Code § 55-11-03 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-03
55-11-03. System of nature preserves - Uses and purposes
Status: in_force

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.
N.D. Cent. Code § 55-10-10 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-10
55-10-10. North Dakota historic sites - Changes
Status: in_force

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.
N.D. Cent. Code § 55-04-02 — ND Code / Title 55 / Chapter 55-04 / Section 55-04-02
55-04-02. Appraisal of lands - Price may not exceed appraised value
Status: in_force

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.
N.D. Cent. Code § 55-08-01.2 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01.2
55-08-01.2. Parks and recreation department - Director
Status: in_force

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.
N.D. Cent. Code § 55-08-18 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-18
55-08-18. Violations noncriminal - Procedures
Status: in_force

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.
N.D. Cent. Code § 55-02.1-06 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-06
55-02.1-06. Receipts for archival resources
Status: in_force

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.
N.D. Cent. Code § 55-01-01.1 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-01.1
55-01-01.1. State historical society
Status: in_force

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.
N.D. Cent. Code § 55-11-09 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-09
55-11-09. Department - Powers and duties - Penalty
Status: in_force

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.
N.D. Cent. Code § 55-02-03 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-03
55-02-03. Rules to protect property administered by the state historical society - Penalty
Status: in_force

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.
N.D. Cent. Code § 55-10-09 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-09
55-10-09. Cooperation
Status: in_force

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.
N.D. Cent. Code § 55-04-01 — ND Code / Title 55 / Chapter 55-04 / Section 55-04-01
55-04-01. Authority of state or county to acquire title to lands for park purposes
Status: in_force

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.
N.D. Cent. Code § 55-01-02 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-02
55-01-02. State historical board - Powers - Limitations
Status: in_force

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.
N.D. Cent. Code § 55-02.1-07 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-07
55-02.1-07. Safeguarding of restricted records
Status: in_force

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.
N.D. Cent. Code § 55-08-13 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-13
55-08-13. Construction of chapter - Statement to be included in bonds
Status: in_force

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.
N.D. Cent. Code § 55-08-01.4 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-01.4
55-08-01.4. Tourism division
Status: repealed

55-08-01.4. Tourism division

Repealed by S.L. 1993, ch. 80, § 39.
N.D. Cent. Code § 55-10-07 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-07
55-10-07. Notice to state historical society of land acquisition
Status: in_force

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.
N.D. Cent. Code § 55-01-03 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-03
55-01-03. Meetings - When held - Quorum - Compensation and expenses of members
Status: in_force

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.
N.D. Cent. Code § 55-05-02 — ND Code / Title 55 / Chapter 55-05 / Section 55-05-02
55-05-02. Title to lands comprising International Peace Garden accepted in trust - Terms
Status: repealed

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.
N.D. Cent. Code § 55-10-06 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-06
55-10-06. State historic sites - Registry - Privately owned lands
Status: repealed

55-10-06. State historic sites - Registry - Privately owned lands

Repealed by S.L. 2001, ch. 503, § 57.
N.D. Cent. Code § 55-02-06 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-06
55-02-06. State historical museum at Pembina - Chateau de Mores
Status: in_force

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.
N.D. Cent. Code § 55-08-19 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-19
55-08-19. Amount of statutory fees
Status: in_force

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.
N.D. Cent. Code § 55-12-04 — ND Code / Title 55 / Chapter 55-12 / Section 55-12-04
55-12-04. Title to abandoned property vested in museum or historical society
Status: in_force

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.
N.D. Cent. Code § 55-02.1-09 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-09
55-02.1-09. Adoption of rules
Status: in_force

55-02.1-09. Adoption of rules

Chapter 28-32 applies to regulations adopted by the state archivist.
N.D. Cent. Code § 55-02-07 — ND Code / Title 55 / Chapter 55-02 / Section 55-02-07
55-02-07. Protection of historical or archaeological artifacts or sites
Status: in_force

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.
N.D. Cent. Code § 55-02.1-02 — ND Code / Title 55 / Chapter 55-02.1 / Section 55-02.1-02
55-02.1-02. State archivist - Compensation
Status: in_force

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.
N.D. Cent. Code § 55-12-02 — ND Code / Title 55 / Chapter 55-12 / Section 55-12-02
55-12-02. Publication of notice of abandoned property
Status: in_force

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.
N.D. Cent. Code § 55-08-07.1 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-07.1
55-08-07.1. State parks and recreation concession revolving fund
Status: in_force

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:

a. 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.

b. 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.
N.D. Cent. Code § 55-03-03 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-03
55-03-03. Period for which permit granted - Revocation
Status: in_force

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.
N.D. Cent. Code § 55-01-02.1 — ND Code / Title 55 / Chapter 55-01 / Section 55-01-02.1
55-01-02.1. Society to have jurisdiction over heritage center
Status: in_force

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, in consultation with the adjutant

general, is responsible for all public displays, signage, and museum content for the military

gallery within the North Dakota heritage center building. The society and the adjutant general

shall enter a memorandum of agreement to establish policies on public displays, signage, and

museum content for the military gallery. The regimental room of the military gallery must be

named the North Dakota national guard regimental room. 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.
N.D. Cent. Code § 55-08-02.1 — ND Code / Title 55 / Chapter 55-08 / Section 55-08-02.1
55-08-02.1. Outdoor recreation interagency council - Composition - Functions
Status: repealed

55-08-02.1. Outdoor recreation interagency council - Composition - Functions

Repealed by S.L. 1997, ch. 471, § 2.
N.D. Cent. Code § 55-05-01 — ND Code / Title 55 / Chapter 55-05 / Section 55-05-01
55-05-01. Description of lands comprising the International Peace Garden
Status: in_force

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.
N.D. Cent. Code § 55-11-08 — ND Code / Title 55 / Chapter 55-11 / Section 55-11-08
55-11-08. Amendments to articles of dedication - Approval of governor - Restriction
Status: in_force

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.
N.D. Cent. Code § 55-10-03 — ND Code / Title 55 / Chapter 55-10 / Section 55-10-03
55-10-03. State historic sites - Registry
Status: repealed

55-10-03. State historic sites - Registry

Repealed by S.L. 2001, ch. 503, § 57.
N.D. Cent. Code § 55-03-01.1 — ND Code / Title 55 / Chapter 55-03 / Section 55-03-01.1
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
Status: in_force

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 as determined by the director,

unless the director waives the fee.