reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:2 - Insurance.

227:2 Insurance. –
The department shall procure liability insurance through the department of administrative services, division of procurement and support services.
Source.
1950, 5, part 24:4. RSA 227:2. 1969, 503:2. 1994, 158:14, eff. May 23, 1994. 2014, 327:58, eff. Aug. 2, 2014.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:3 - Plans to be Submitted and Approved.

227:3 Plans to be Submitted and Approved. –
Said tramway and its termini and other appurtenances shall be located in such manner that the same shall cause no damage to the Old Man of the Mountain and the immediate surroundings thereof and shall cause no substantial damage to the general scenic values in Franconia Notch and shall occasion no unnecessary destruction of forest growth in said area. Plans and specifications for such tramway, termini and appurtenances shall be submitted to the governor and council and approved by them as complying with the provisions of this section, before construction thereof shall be commenced. No changes shall be made in such plans and specifications so approved until such changes have been likewise submitted and approved. Nothing herein shall be construed to restrict in any way the authority of the department of natural and cultural resources in the management, operation, and control of the tramway, nor to limit the right of the department to enter into contracts for construction or for other purposes.
Source.
1937, 130:5. RL 239:4. 1950, 5, part 12:12, eff. June 30, 1950. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:4 - Control of Public Lands.

227:4 Control of Public Lands. –
To the extent that it may be necessary to carry out the provisions of this subdivision the department shall have power to use and control public lands of the state. Forthwith upon the acquisition by the department in the name of the state through purchase, condemnation, or otherwise of any real property or interest or easement therein, such property or rights shall, without further action, and by virtue hereof, be and become dedicated to the uses and purposes of the department.
Source.
1937, 130:6. RL 239:5.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:6 - Application of Law.

227:6 Application of Law. –
So far as the provisions of this subdivision are inconsistent with the provisions of laws of 1925, 101, relative to the use and management of state lands in Franconia Notch acquired under the provisions thereof, the provisions of this subdivision shall control.
Source.
1937, 130:13. RL 239:8.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:7 - Recreational Project.

227:7 Recreational Project. –
There shall be constructed on Mt. Sunapee in the town of Newbury a tramway, or other lifting device, in accordance with the following provisions.
Source.
1941, 190:2. RL 239:10. 1945, 153:1, par. 2, eff. May 11, 1945.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:8 - Maintenance and Operation.

227:8 Maintenance and Operation. –
Upon completion of the project as hereinbefore provided, the operation and management thereof shall be under the supervision of the department of natural and cultural resources, and for the purpose of said operation and maintenance said department shall have power to (1) charge and collect fees, fares and tolls for carriage and other services made available in connection with said tramway or other lifting device; (2) to make contracts on behalf of the state with the United States, other states, public corporations or bodies existing therein, and private corporations and individuals; (3) to accept grants, permits and cooperation from the United States or any agency thereof in the maintenance and operation of said project and its appurtenances, and to do any and all things necessary in order to avail itself of such aid and cooperation; (4) to employ, subject to the regulations of the state personnel commission, such assistants, agents and servants as it shall deem necessary or desirable for its purposes; (5) to exercise any of its powers in the public domain of the United States, unless the exercise of such powers is not permitted by the laws of the United States; (6) to do all things necessary or incidental to the foregoing powers.
Source.
1941, 190:5. 1945, 153:1, par. 5, eff. May 11, 1945. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:12 - Consultation With White Mountain Region Association.

227:12 Consultation With White Mountain Region Association. –
In exercising the functions, powers and duties, transferred to it from the former New Hampshire aerial tramway commission, and in the construction, development, and maintenance of projects in the area known as the White Mountain Region, the department of natural and cultural resources shall consult and advise with the directors of the White Mountain Region Association, so-called, upon all matters of policy involved in the general development and supervision of public projects in said area and of its recreational facilities belonging to the state.
Source.
1950, 5, part 12:16, eff. June 30, 1950. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:13 - Establishment of Rates.

227:13 Establishment of Rates. –
The department shall not exercise its authority pursuant to RSA 227:1 and 8, to establish fees, fares and tolls at Cannon Mountain so as to discriminate against or to the detriment of, financially or otherwise, resident skiers, either directly or indirectly.
Source.
1963, 244:1. 1998, 134:9, eff. June 10, 1998.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:14 - Reduced Rates.

227:14 Reduced Rates. –
All season passes, including those for different age groups or military service, established by the department for the specific use of the winter facilities at Cannon Mountain aerial tramway and ski area shall be made available to any resident of this state at a 25 percent discount. For the purposes of this section, "resident of this state" means a person whose domicile is in this state. To qualify for the discount, a resident shall provide proof of residency and purchase the pass prior to December 15 of the year in which the pass becomes effective. Proof of residency shall include a state issued driver's license; a state issued I.D. card with a photograph or information including name, sex, date of birth, height, weight and color of eyes; a United States passport; an affidavit certifying residency from the municipal clerk of the purchasers' town or city of residence; or, for a person less than 18 years of age, proof of a parent's or guardian's residency provided by the resident parent or guardian. The commissioner of the department of natural and cultural resources shall make quarterly reports on season passes issued under this section to the senate president, the speaker of the house of representatives, and the governor and council.
Source.
1967, 352:2. 1971, 137:1; 492:1. 1973, 72:32. 1975, 205:1. 1993, 358:15. 1998, 134:9, eff. June 10, 1998. 2011, 188:1, eff. June 14, 2011. 2012, 247:25, eff. Aug. 17, 2012. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-B - Mount Washington Commission › Section 227-B:1 - Commission Established.

227-B:1 Commission Established. –
There is hereby established a Mount Washington Commission consisting of 11 members to manage the summit of Mount Washington property owned by the state of New Hampshire.
Source.
1969, 427:1. 1990, 110:1, eff. June 12, 1990.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-B - Mount Washington Commission › Section 227-B:2 - Definitions.

227-B:2 Definitions. –
As used in this chapter:
I. "Commission" shall mean the Mount Washington Commission;
II. "Summit" shall mean the Mount Washington summit property owned by the state.
Source.
1969, 427:1, eff. July 2, 1969.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-B - Mount Washington Commission › Section 227-B:3 - Commission Members, Appointment, Term.

227-B:3 Commission Members, Appointment, Term. –
I. The commission shall consist of the following members:
(a) One member from the house of representatives, appointed by the speaker of the house of representatives.
(b) One member from the senate, appointed by the president of the senate.
(c) Three members appointed by the governor with the consent of the council.
(d) One member from each of the following groups, or a successor, shall be appointed through the concurrence of their boards of directors: the Mount Washington Auto Road; the Mount Washington Observatory; Citadel Broadcasting Company; and the Mount Washington Cog Railway.
(e) One member shall be appointed by the supervisor of the White Mountain National Forest to represent the same.
(f) One member shall be appointed by the president of the Appalachian Mountain Club to represent said club.
(g) The commissioner of the department of natural and cultural resources, or designee.
II. All such members so appointed shall serve a term of 4 years. The terms of the members of the legislature shall be coterminous with their terms in office. Members of the commission shall continue to serve until a successor is appointed by the appointing authority. In the case of a vacancy other than by expiration of term, the vacancy shall be filled for the unexpired term in the same manner and by the same body as the original appointment was made. Seven members of the commission shall constitute a quorum.
Source.
1969, 427:1. 1972, 62:4. 1990, 110:2, 3, eff. June 12, 1990. 2011, 231:15, eff. June 29, 2011. 2012, 245:1, eff. June 18, 2012. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-B - Mount Washington Commission › Section 227-B:5 - Officers and Compensation.

227-B:5 Officers and Compensation. –
The commission shall annually elect one of its members as chairman, one as vice chairman, and one as secretary-treasurer. The members of the commission shall receive no compensation for their services, provided that legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission, and provided further that reasonable expenses, incurred by the members in the performance of their duties shall be paid from the summit operation.
Source.
1969, 427:1, eff. July 2, 1969. 2012, 245:2, eff. June 18, 2012.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-B - Mount Washington Commission › Section 227-B:7 - Mount Washington Planning Committee.

227-B:7 Mount Washington Planning Committee. –
As of the effective date of this chapter, the Mount Washington planning committee shall be discharged and shall turn over to the commission all records, reports, data or other information relative to the summit in its possession.
Source.
1969, 427:1, eff. July 2, 1969.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-B - Mount Washington Commission › Section 227-B:8 - Gifts, Grants or Donations.

227-B:8 Gifts, Grants or Donations. –
The commission is authorized to institute a promotional program to solicit and receive any gifts, grants or donations made for the development of the summit and to deposit such gifts, grants or donations in the Mount Washington fund.
Source.
1971, 395:3. 1974, 30:5, eff. July 1, 1974.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-B - Mount Washington Commission › Section 227-B:9 - Mount Washington Fund.

227-B:9 Mount Washington Fund. –
There is hereby established in the office of the state treasurer a fund to be known as the Mount Washington fund which shall be kept separate and distinct from all other funds. Such fund shall be the depository of all fees received from the commission pursuant to RSA 227-B:6, III and all gifts, grants or donations made to the commission pursuant to RSA 227-B:8. From such fund shall be paid the expenses of the commission plus the principal and interest on any bonds which may be issued in the name of the state for the purpose of capital improvements to the summit. Any monies in such fund shall not lapse into the general fund of the state until the fund balance equals the total bonds, interest and charges outstanding.
Source.
1974, 30:3, eff. July 1, 1974.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:1-a - Findings and Purpose.

227-C:1-a Findings and Purpose. –
I. The general court has determined that the historical, archeological, architectural, engineering, and cultural heritage of New Hampshire is one of the most important environmental assets of the state and that the rapid social and economic development of contemporary society threatens the remaining vestiges of this heritage; therefore, it is hereby declared to be public policy and in the public interest of this state to engage in a comprehensive program of historic preservation to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of the citizens of New Hampshire.
II. The general court finds that:
(a) Unmarked human burials and human remains are subject to vandalism and inadvertent destruction at an ever-increasing rate;
(b) Existing state laws do not provide adequate protection to prevent damage to and destruction of these remains;
(c) There is a great deal of scientific information to be gained from the proper excavation, study, and analysis of human remains recovered from such burials; and
(d) There has been no procedure for descendants or other interested individuals to make known their concerns regarding disposition of these remains.
III. Some purposes of this chapter are:
(a) To provide adequate protection from vandalism for unmarked human burials and human remains;
(b) To provide adequate protection for unmarked human burials and human remains not within the jurisdiction of the county medical examiner that are encountered during archaeological excavation, construction, or other ground disturbing activities, found anywhere within the state except on federal land; and
(c) To provide for adequate skeletal analysis of remains removed or excavated from unmarked human burials if the analysis would result in valuable scientific information.
Source.
1986, 80:1. 1998, 363:2, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:2 - State Historic Preservation Office.

227-C:2 State Historic Preservation Office. –
The division of historical resources, department of natural and cultural resources established by RSA 12-A:10-
l
shall also be known as the state historic preservation office. The director, division of historical resources shall also be known as the state historic preservation officer.
Source.
RSA 227-C:3. 1974, 32:1. 1985, 345:3. 1990, 73:1. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:32, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:3 - Administration.

227-C:3 Administration. –
I. The director, subject to the approval of the commissioner, shall conduct any relations with the representatives of the federal government and the respective states with regard to matters of historic preservation.
II. The director, subject to the approval of the commissioner, may employ such professional personnel as required, subject to the personnel laws of the state and within budgetary limitations.
III. Consultants, as required, subject to budgetary limitations, may be employed by the director, with the approval of the commissioner.
IV. With the approval of the commissioner, the director may organize councils to assist the division as necessary, such as, but not limited to, an advisory archeological council of professional archeologists and representatives of professional and amateur societies. All members of the councils shall serve without compensation.
V. The director may employ or otherwise engage certified avocational archeologists to assist in the performance of field investigations under the direct supervision of the division, or those authorized by the commissioner, and to assist in information exchange and historic preservation with towns and communities, subject to personnel laws, budgetary limitations, grant restrictions, and approval of the commissioner.
Source.
RSA 227-C:4. 1974, 32:1. 1981, 504:2. 1985, 345:3.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:6 - State Title to Historic Resources on State Lands and Under State Waters.

227-C:6 State Title to Historic Resources on State Lands and Under State Waters. –
The state, acting through the commissioner, reserves to itself title of ownership of all historic resources, except for human remains as provided in RSA 227-C:8-a and 8-g, on or from:
I. Lands owned or controlled by the state, its agencies, departments, commissions, institutions or political subdivisions;
II. The bottom of navigable waters in the state, great ponds and 3 miles seaward from the New Hampshire shore in the territorial tidal waters of the state.
Source.
RSA 227-C:12. 1981, 504:5. 1985, 345:3. 1986, 80:7, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:7 - Permits Issued for State Lands and Waters.

227-C:7 Permits Issued for State Lands and Waters. –
I. To assure proper protection, investigation, interpretation and management of historic resources, and the continued availability of historic resources for scientific study by qualified persons, agencies or institutions, the state, acting through the commissioner, reserves to itself the exclusive right and privilege to conduct, or cause to be conducted, field investigations of historic resources that involve the alteration of the surface or subsurface of the resource and removal of any surface or subsurface objects.
II. The commissioner shall establish categories of field investigations that may yield or alter historic resources and qualification criteria for professional and avocational archeologists for all categories of field investigations.
III. For purposes of determining proper persons to whom permits may be issued, the original discoverer of a previously unrecorded historic resource shall be conclusively presumed to be an appropriate person to actively participate in all phases of subsequent field investigations and shall be eligible to receive a permit under the rules adopted by the commissioner, except as provided in RSA 227-C:8-a through 8-g relative to the discovery of human remains.
IV. The division shall issue a permit to any person, agency, or institution upon application to conduct field investigations in accordance with the rules adopted by the office, except as provided in RSA 227-C:8-a through 8-g relative to the discovery of human remains.
V. The commissioner may conduct hearings upon receiving written complaint from any person, including a council member, concerning the issuance, denial of issuance, revocation, suspension, extension, or refusal of extension of any permit issued under this chapter.
Source.
RSA 227-C:13. 1981, 504:5. 1985, 345:3. 1986, 80:8, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-b - Jurisdiction over Remains.

227-C:8-b Jurisdiction over Remains. –
I. Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the medical examiner of the county in which the remains were encountered shall determine as soon as possible whether the remains are subject to the provisions of this chapter.
II. If the county medical examiner determines that the remains are subject to the provisions of this chapter, he shall immediately proceed with his investigation. The county medical examiner shall notify the state archaeologist of the discovery of the human skeletal remains and of his findings. The state archaeologist shall immediately take charge of the remains and associated grave items.
III. Subsequent to taking charge of the human remains, the state archaeologist shall have 48 hours to make arrangements with the landowner for the protection or removal of the unmarked human burial or human remains; provided, however, that in the case of prolonged bad weather or upon the discovery of multiple interments, either of which prohibits the state archaeologist from making arrangements with the landowner for protection or removal within 48 hours, the state archaeologist shall have the authority to arrange with the landowner a longer period of time for such protection or removal which is mutually agreeable to both parties. The state archaeologist shall have no authority over the remains at the end of the 48-hour period and may not prohibit the resumption of the construction or agricultural activities without the permission of the landowner, unless other arrangements have been made with the landowner as provided in this paragraph.
Source.
1986, 80:10, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-c - Archaeological Investigation of Human Remains.

227-C:8-c Archaeological Investigation of Human Remains. –
I. If an agreement is reached with the landowner for the excavation of the human remains, the state archaeologist shall either designate a member of his staff or authorize another professional archaeologist to excavate or supervise the excavation.
II. The professional archaeologist excavating human skeletal remains, when in situ preservation is not feasible, shall report to the state archaeologist, by telephone and by certified letter, his opinion on the cultural and biological characteristics of the remains. This report shall be transmitted as soon as possible after the commencement of excavation, but no later than 2 full business days after the removal of a burial.
III. The state archaeologist, in consultation with the professional archaeologist excavating the remains, shall determine where the remains shall be held subsequent to excavation, pending other arrangements according to RSA 227-C:8-d or 8-e.
Source.
1986, 80:10, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-d - Consultation with Native American Community and African American Community.

227-C:8-d Consultation with Native American Community and African American Community. –
I. (a) If the professional archaeologist determines that the human remains are Native American and the remains are known to have affinity to federally recognized Indian tribes or specific living ethnic groups or other nonfederally recognized Indian groups, the state archaeologist shall immediately notify the leaders, officials, or spokespersons for these tribes or groups wherever the appropriate tribes or groups are located, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments.
(b) If the professional archaeologist determines that the human remains are from an African American burial ground the state archaeologist shall immediately notify the descendants or descendant community, whether in or outside the state of New Hampshire. The state archaeologist shall consult with such persons who respond in a timely fashion in the determination of the most appropriate treatment for the interments.
II. Within 4 weeks of the notification, the appropriate Indian tribe or group or African American community shall communicate in writing to the state archaeologist its concerns with regard to the treatment of interment and ultimate disposition of the Native American remains or remains from an African American burial ground, whichever applies.
III. Within 90 days of the receipt of the concerns, the state archaeologist, with the approval of the principal official or officials of the Indian group or tribe, or the descendants or descendant community associated with the African American burial ground, whichever is applicable, shall prepare a written agreement concerning the treatment and ultimate disposition of the remains. The written agreement shall include the following:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist by the skeletal analyst and the professional archaeologist; and
(d) A plan for ultimate disposition of Native American remains or remains from an African American burial ground, whichever is applicable, subsequent to the completion of adequate analysis.
IV. If no agreement is reached within 90 days, the state historic preservation officer and commissioner shall determine the terms of the agreement.
Source.
1986, 80:10, eff. Jan. 1, 1987. 2023, 200:2, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-e - Consultation with Other Individuals.

227-C:8-e Consultation with Other Individuals. –
I. If the professional archaeologist determines that the human skeletal remains are other than Native American or from an African American burial ground, the state archaeologist shall publish notice that excavation of the remains has occurred, at least once per week for 4 successive weeks in a newspaper of general circulation in the county where the burials or skeletal remains were situated, in an effort to determine the identity or next of kin, or both, of the deceased.
II. If the next of kin are located, within 90 days the state archaeologist in consultation with the next of kin shall prepare a written agreement concerning the treatment and ultimate disposition of the skeletal remains. The written agreement shall include:
(a) Designation of a qualified skeletal analyst to work on the skeletal remains;
(b) The type of analysis and the specific period of time to be provided for analysis of the skeletal remains;
(c) The timetable for written progress reports and the final report concerning the analysis to be provided to the state archaeologist and the next of kin by the skeletal analyst and the professional archaeologist; and
(d) A plan for the ultimate disposition of the skeletal remains subsequent to the completion of adequate analysis.
III. If no agreement is reached, the remains shall be handled according to the wishes of the next of kin.
Source.
1986, 80:10, eff. Jan. 1, 1987. 2023, 200:4, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-f - Analysis of Remains.

227-C:8-f Analysis of Remains. –
I. Skeletal analysis conducted under the provisions of this section shall only be accomplished by a skeletal analyst, as defined in RSA 227-C:1, VIII-a.
II. Prior to the execution of the written agreements outlined in RSA 227-C:8-d, III and 8-e, II, the state archaeologist shall consult with both the professional archaeologist and the skeletal analyst investigating the remains.
III. The professional archaeologist and the skeletal analyst shall submit a proposal to the state archaeologist within the 90-day period set forth in RSA 227-C:8-d, III and 8-e, II, including:
(a) Methodology and techniques to be utilized;
(b) Research objectives;
(c) Proposed time schedule for completion of the analysis; and
(d) Proposed time intervals for written progress reports and the final report to be submitted.
IV. If the terms of the written agreement are not substantially met, the state archaeologist or the next of kin may take possession of the remains. In such cases, the state archaeologist may ensure that appropriate analysis is conducted by another qualified skeletal analyst or professional archaeologist, or by both a professional archaeologist and qualified skeletal analyst, prior to ultimate disposition of the remains.
Source.
1986, 80:10, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-h - Financial Responsibility.

227-C:8-h Financial Responsibility. –
I. The provisions of this chapter shall not require that the owner or lessee of the land on which the unmarked human burials or human remains are found bear the cost of the excavation, removal, analysis, or disposition if the discovery is the result of vandalism, erosion, or noncommercial land-altering activity.
II. The owner or lessee of the land on which unmarked human burials or human remains are found shall bear the cost of the excavation, removal, analysis, and disposition if the discovery is the result of a privately-financed commercial land-altering activity, including the construction of speculative housing.
III. If the discovery is the result of a state-funded land-altering activity, the department providing the funding shall bear the cost of excavation, removal, analysis, disposition, and land restoration and shall be authorized to use project funds for those purposes.
IV. If unmarked human burials or human remains are discovered by a professional archaeologist as a result of survey or long-term systematic research, the sponsoring institution shall bear the cost of the excavation, removal, analysis, and disposition of human remains and of land restoration.
V. If unmarked human burials or human remains are discovered as a result of vandalism, erosion, or noncommercial land-altering activity, or as a result of survey or long-term systematic research funded by the division of historical resources, the division of historical resources shall bear the cost of the excavation, removal, analysis, and disposition of human remains and of land restoration.
Source.
1986, 80:10, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-i - Prohibited Acts.

227-C:8-i Prohibited Acts. –
No person shall:
I. Knowingly acquire any human remains removed from unmarked burials in New Hampshire after January 1, 1987, except in accordance with the provisions of this chapter;
II. Knowingly exhibit any human remains acquired from unmarked burials in New Hampshire;
III. Knowingly sell any human remains; or
IV. Knowingly retain human remains acquired from unmarked burials in New Hampshire after January 1, 1987, for scientific analysis beyond a period of time provided for such analysis pursuant to the provisions of RSA 227-C:8-d through 8-f, with the exception of those remains curated under the provisions of RSA 227-C:8-g.
Source.
1986, 80:10. 2009, 156:1, eff. Sept. 6, 2009.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:8-j - Exceptions.

227-C:8-j Exceptions. –
Human skeletal remains acquired from commercial biology supply houses or through medical means are not subject to the provisions of RSA 227-C:8-i, I.
Source.
1986, 80:10, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:9 - Directive for Cooperation in the Protection of Historic Resources.

227-C:9 Directive for Cooperation in the Protection of Historic Resources. –
I. All state agencies, departments, commissions, and institutions shall fully cooperate with the division in the location, identification, evaluation and management of historic resources, and to that end shall provide the division with appropriate information on all state licensed, assisted, or contracted projects, activities, or programs so that the division may determine the effect of such undertakings on historic resources.
II. Upon a recommendation of the division that historic resources may be adversely affected, the commissioner shall conduct, or cause to be conducted, any necessary field investigations, subject to personnel and budgetary limitations. State agencies, departments, commissions, and institutions are authorized and encouraged to expend project funds or appropriated moneys for these field investigations.
III. When preparing to sell or transfer real property under its jurisdiction which is expected to have historic resources, or is known to have historic resources, the state, its agencies, departments, commissions, institutions and political subdivisions shall, upon a recommendation of the commissioner:
(a) Condition the sale or transfer upon such covenants, deed restrictions, or other contractual arrangements as shall protect the historic resources for future generations.
(b) Reserve such property from sale or transfer, provided that the reservation of such lands from sale or transfer may be confined to the actual location of the historic resources.
(c) Defer sale or transfer of such property for the purpose of conducting field investigations, including salvage mitigation if necessary, and until the lands are released for sale or transfer by the commissioner.
Source.
1981, 504:5. 1985, 345:3.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:10 - Avocational Archeological Training and Certification.

227-C:10 Avocational Archeological Training and Certification. –
The division shall provide a means for training nonprofessional persons in technical archeological skills and shall acknowledge the achievement of those who have reached prescribed levels of proficiency in various aspects of archeology. The individuals shall be encouraged to participate in field investigations authorized by the commissioner and supervised by the division. Certification is not to be misconstrued as an authorization to collect or excavate without a permit.
Source.
RSA 227-C:16. 1981, 504:5. 1985, 345:3.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:11 - Confidentiality of Archeological Site Location Information.

227-C:11 Confidentiality of Archeological Site Location Information. –
Information which may identify the location of any archeological site on state land, or under state waters, shall be treated with confidentiality so as to protect the resource from unauthorized field investigations and vandalism. Toward this end, state agencies, departments, commissions, institutions and political subdivisions, permittees and private landowners with preservation and conservation agreements shall consult with the commissioner before any disclosure of information to insure that the disclosure would not create a risk to the historic resource or that it is done in a manner to minimize the risk. Such information is exempt from all laws providing rights to public access. Disclosure for the public record for tax assessment, transfer, sale or other consideration of the property shall receive careful consideration to minimize the risk to the resource.
Source.
RSA 227-C:17. 1981, 504:5. 1985, 345:3.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:12 - Exemptions and Limitations.

227-C:12 Exemptions and Limitations. –
I. Notwithstanding any provision of this subdivision to the contrary, any person who, prior to the effective date of this subdivision, has acquired historic resources from state lands or waters, which include items commonly known as antiques, may continue to possess or market such items as antiques.
II. Treasure hunting with metal detectors and dowsing rods is exempted from the restrictions of this subdivision on the following lands owned or controlled by the state, its agencies, departments, commissions, and institutions, unless an historic resource on such land has been recorded and restrictions are posted:
(a) Beaches;
(b) Athletic fields;
(c) School grounds;
(d) Perimeters of cemeteries;
(e) Unpaved roads;
(f) Within 25 feet of picnic tables and park pavilions; and
(g) Currently used dumps.
III. No power is conferred by this subdivision upon any official, commission, or other agency of state or local government to close any body of water or portion thereof, or access thereto, on a temporary or permanent basis, to recreational diving, recreational or commercial fishing, scallop dragging, recreational or commercial boating, or lobstering.
IV. Paper documents; photographic positives and negatives; microforms, including microfilms, microfiche, microcard, and microprint; and reel to reel, cassette, or cartridge tape recordings and magnetic tapes of information storage which qualify as historic resources under RSA 227-C:1, VII, other than documentation of a field investigation, are exempt from the provisions of RSA 227-C. The responsibility to preserve, arrange, index, and allow access to these historic resources shall remain with the department of state, division of archives and records management.
Source.
RSA 227-C:19. 1981, 504:5. 1985, 345:3. 2003, 97:4, eff. Aug. 5, 2003.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:13 - Establishment of a State Historical Resources Council.

227-C:13 Establishment of a State Historical Resources Council. –
There is hereby established a state historical resources council which shall be the only state historical resources council. The membership of the council shall consist of the governor, or his designee; the director of historical resources, who shall be nonvoting members; and 9 members of the public appointed by the governor and council, at least 3 of whom shall be qualified in the field of architecture, history and archeology; and the others shall be qualified in other fields including, but not limited to, law, real estate, planning, architectural history and historic preservation. The public members shall serve a term of 5 years; however, on the initial appointment, 3 shall be appointed for 2 years, 2 appointed for 3 years, 2 appointed for 4 years, and 2 appointed for 5 years. Each shall serve until his successor is appointed and qualified. Any vacancy shall be filled for the unexpired term.
Source.
1985, 345:3.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:14 - Powers and Duties of the Council.

227-C:14 Powers and Duties of the Council. –
The council shall have the power and duty to:
I. Approve nominations to the National Register of Historic Places.
II. Review and recommend the approval of the state survey of historic properties undertaken in accordance with the provisions of this chapter.
III. Review and approve the contents of the state historic preservation plan developed pursuant to the provisions of this chapter.
IV. Review and recommend application by the division for federal and other available funds.
V. Review and recommend the removal of properties from the national register.
VI. Otherwise act in an advisory capacity to the division of historical resources.
VII. Administer all federal funds received for historic preservation.
VIII. List nominated properties in the New Hampshire state register of historic places.
Source.
1985, 345:3. 2012, 58:2, eff. July 13, 2012.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:17 - Penalties.

227-C:17 Penalties. –
I. Any person who, with the purpose of defrauding anyone or with the knowledge that he is facilitating a fraud to be perpetrated by anyone, makes or alters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess, shall be guilty of a misdemeanor and shall forfeit to the state the equivalent in dollars of profits made by the sale of the fraudulent objects.
II. Notwithstanding the provisions of RSA title LXII, any person who knowingly appropriates, excavates, sells, purchases, exchanges, offers for sale, transports, receives, destroys, or in any manner alters any historic resource located on state land, under state waters, or removed from same, except in the course of activities pursued under the authority of a permit or preservation agreement, or as exempted in RSA 227-C:12, shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment for a period not to exceed 6 months, or both; shall forfeit to the state all materials appropriated; and shall reimburse the state for restoration of a defaced or destroyed property.
Source.
RSA 227-C:18. 1981, 504:5. 1985, 345:3.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:18 - to 227-C:22 Repealed by 2011, 231:2(6), eff. Dec. 31, 2011.

227-C:18 to 227-C:22 Repealed by 2011, 231:2(6), eff. Dec. 31, 2011. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:24 - Review Process Established; Purpose.

227-C:24 Review Process Established;  Purpose. –
There is hereby established a review process, which shall be administered by the director of the division of historical resources, to insure the protection of designated New Hampshire heritage landmarks. The purpose of the review process is to protect the environmental integrity of designated historic landmarks from events which would diminish their heritage value for future generations as educational and inspirational assets of the state.
Source.
1993, 101:3, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:25 - Designation as Heritage Landmark.

227-C:25 Designation as Heritage Landmark. –
As of July 1, 1993, all presently designated National Historic Landmarks owned by the state of New Hampshire are hereby designated New Hampshire heritage landmarks and afforded the protection of this subdivision. Additional sites shall be afforded the protection of this chapter upon nomination as National Historic Landmarks.
Source.
1993, 101:3, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:26 - Protection Against Development Projects.

227-C:26 Protection Against Development Projects. –
No publicly funded project having the potential to adversely affect a designated site shall be undertaken without a determination and analysis of the effect upon the integrity of the site. The determination and the analysis shall be conducted under the supervision of the director of the division of historical resources and shall, at a minimum, include consideration of visual and aural effects upon visitors at the site, access to the site, and the traditional setting of the site. The determination and the analysis shall also include at least one opportunity for public comment on the proposal; such hearing to be held in the community or communities most affected by the proposal.
Source.
1993, 101:3, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:27 - Purpose.

227-C:27 Purpose. –
Historic barns and agricultural structures symbolize the distinctive New Hampshire values of heritage, hard work, productivity, and stewardship. They are witnesses to the role of agriculture in our state's image and its economy, and they serve as scenic landmarks for residents and visitors alike. They are among our most highly valued heritage resources, but many can no longer generate sufficient income to prevent their loss by decay or demolition. In order to assist the owners who are making an effort to preserve these irreplaceable assets, it is hereby declared to be public policy and in the public interest of this state to establish a matching grants program consisting of funds from private and public sector grants, gifts, and donations for preserving historic agricultural structures in New Hampshire.
Source.
1999, 285:1, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:28 - Matching Grants Program Established; Barn Preservation Fund.

227-C:28 Matching Grants Program Established;  Barn Preservation Fund. –
I. A program of matching grants to preserve historic barns and agricultural structures in New Hampshire is hereby established.
II. There is established a nonlapsing fund in the office of the state treasurer to be known as the barn preservation fund. The division of historical resources, department of natural and cultural resources, is authorized to accept public sector and private sector grants, gifts, or donations of any kind to be awarded competitively to eligible applicants. All such moneys shall be deposited in the fund. Moneys in the fund shall be used for grant awards and necessary program expenses. Grants shall be matched with an equal or greater value of cash, labor, or materials provided by the applicant from private, local, state, or federal sources.
Source.
1999, 285:1. 2004, 80:1, eff. July 1, 2004. 2017, 156:38, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227-C - Historic Preservation › Section 227-C:29 - Advisory Committee.

227-C:29 Advisory Committee. –
I. For the purpose of soliciting applications, recommending grant awards, and considering any other matter necessary to the administration of this subdivision, an advisory committee to the division of historical resources shall be established, consisting of:
(a) The commissioner of natural and cultural resources, or designee.
(b) The commissioner of agriculture, markets, and food, or designee.
(c) The commissioner of natural and cultural resources, or designee.
(d) The chairperson of the state conservation committee, or designee.
(e) The director of the division of historical resources, or designee, who shall act as or designate the committee chair.
(f) The executive director of the New Hampshire Farm Service Agency, or designee.
(g) The director of the New Hampshire Farm Bureau Federation, or designee.
(h) The director of the university of New Hampshire cooperative extension, or designee.
(i) The master of the New Hampshire state grange, or designee.
(j) A member of the state historical resources council.
(k) A staff member of the division of historical resources selected by the director.
(l) Two individuals actively engaged in agriculture, selected by the committee.
(m) The executive director of the New Hampshire Preservation Alliance, or designee.
II. On or before November 1 of the second year of each biennium, the committee shall make a report regarding the program to the speaker of the house of representatives, the senate president, and the governor.
Source.
1999, 285:1. 2004, 80:2, eff. July 1, 2004. 2017, 156:14, I, 38, eff. July 1, 2017.