State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-12

§121‑12.  North Carolina Historical Commission.

(a)        Protection ofProperties on National Register. – It shall be the duty of the HistoricalCommission, meeting at such times and according to such procedures as it shallby rule prescribe, to provide an advisory and coordinative mechanism in and bywhich State undertakings of every kind that are potentially harmful to thecause of historic preservation within the State may be discussed, and wherepossible, resolved, giving due consideration to the competing public intereststhat may be involved. To this end, the head of any State agency having director indirect jurisdiction over a proposed State or state‑assistedundertaking, or the head of any State department, board, commission, orindependent agency having authority to build, construct, operate, license,authorize, assist, or approve any State or state‑assisted undertaking,shall, prior to the approval of any State funds for the undertaking, or priorto any approval, license, or authorization, as the case may be, take intoaccount the effect of the undertaking on any district, site, building,structure, or object that is listed in the National Register of Historic Placesestablished pursuant to Public Law 89‑665, 16 U.S.C. 470.

Where, in the judgment of theCommission, an undertaking will have an effect upon any listed district, site,building, structure, area, or object, the head of the appropriate State agencyshall afford the Commission a reasonable opportunity to comment with regard tosuch undertaking.

The Historical Commissionshall act with reasonable diligence to insure that all State departments,boards, commissions, or agencies potentially affected by the provisions of thissection be kept currently informed with respect to the name, location, and othersignificant particulars of any district, site, building, structure, or objectlisted or placed upon the National Register of Historic Places. Each affectedState department or agency shall furnish, either upon its own initiative or atthe request of the Historical Commission such information as may reasonably berequired by the Commission for the proper implementation of this section.

(b)        Criteria for StateHistoric Properties. – The Commission shall prepare and adopt criteria for theevaluation of State historic sites and all other real and personal propertywhich it may consider to be of such historic, architectural, archaeological, orcultural importance as would justify the acquisition and ownership thereof bythe State of North Carolina, or for the extension of any assistance or aidthereto by the State, acting by itself or in connection with any county, city,corporation, organization, or individual. The Commission shall cooperate to thefullest practical extent with any local historical organization and with anycity or county historic district properties commission. In evaluating whether abuilding should be a State historic site, the Commission shall request andreview plans for the use and maintenance of the building.

(c)        Criteria for StateAid to Historic Properties. – The Commission shall also prepare and adoptcriteria for the evaluation of all properties of historic or archaeologicalimportance owned by, under option to, or being considered for acquisition by acounty, city, historic properties commission, or other organization orindividual for which State aid or assistance is requested from the Departmentof Cultural Resources. The Commission shall investigate, evaluate, and preparea written report on all historic or archaeological property for which State aidor appropriations to be administered by the Department of Cultural Resourcesare proposed. If the property is a building, the Commission shall request andreview the plans for the use, maintenance, operation, and purpose of the buildingand shall comment on the feasibility of the plans in the written report. Thisreport, which shall be filed as a matter of record in the custody of theDepartment of Cultural Resources, shall set forth the following opinions orrecommendations of the Commission:

(1)        Whether the propertyis historically authentic;

(2)        Whether it is ofsuch educational, historical, or cultural significance as to be essential tothe development of a balanced State program of historic and archaeologicalsites and properties;

(3)        The estimated totalcost of the project under consideration and the apportionment of said costamong State and nonstate sources;

(4)        Whether practicalplans have been or can be developed for the funding of the nonstate portion ofthe costs;

(5)        Whether practicalplans have been developed for the continued staffing, maintenance and operationof the property without State assistance; and

(6)        Such furthercomments and recommendations that the Commission may make.

(c1)      Criteria for StateAid to Historical Museums. – The Commission shall also prepare and adoptcriteria for the evaluation of all interpretive, security or climate controlprograms or projects to be installed in nonprofit history museums for whichState aid or assistance is requested from the Department of Cultural Resources.The Commission shall investigate, evaluate, and prepare a written report on allinterpretive, security, or climate control programs or projects for which Stateappropriations to be administered by the Department of Cultural Resources areproposed. This report, which shall be filed as a matter of record in thecustody of the Department of Cultural Resources, shall set forth the followingopinions or recommendations of the Commission:

(1)        The statewideeducational significance and the qualitative level of the program or projectand whether the program or project is essential to the development of a Stateprogram of historical interpretation;

(2)        The local orregional need for such a program or project;

(3)        The estimated totalcost of the program or project under consideration and the apportionment ofsaid cost among State and nonstate sources;

(4)        Whether practicalplans have been or can be developed for the funding of the nonstate portions ofthe costs;

(5)        Whether practicalplans have been developed for the continued staffing, maintenance, andoperating of the museum without State assistance; and

(6)        Such furthercomments and recommendations that the Commission may make.

(d)        Commission toFurnish Recommendations to Legislative Committees. – The Commission through theDepartment of Cultural Resources shall furnish as soon as practicable to thechairman of each legislative committee to which is referred any bill seeking anappropriation of State funds to the Department of Cultural Resources for thepurpose of acquiring, preserving, restoring, or operating, or otherwiseassisting, any property having historic, archaeological, architectural, orother cultural value or significance, and to the chairman of each legislativecommittee to which is referred any bill seeking an appropriation of State fundsto the Department of Cultural Resources for the purpose of assisting a historymuseum, at least five copies of a report on the findings and recommendations ofthe Commission relating to such property. (1973, c. 476, s. 48; 1975,c. 19, s. 40; 1979, c. 861, ss. 3‑5; 1985 (Reg. Sess., 1986), c. 1014, s.171(b); 1995, c. 324, s. 12.)

State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-12

§121‑12.  North Carolina Historical Commission.

(a)        Protection ofProperties on National Register. – It shall be the duty of the HistoricalCommission, meeting at such times and according to such procedures as it shallby rule prescribe, to provide an advisory and coordinative mechanism in and bywhich State undertakings of every kind that are potentially harmful to thecause of historic preservation within the State may be discussed, and wherepossible, resolved, giving due consideration to the competing public intereststhat may be involved. To this end, the head of any State agency having director indirect jurisdiction over a proposed State or state‑assistedundertaking, or the head of any State department, board, commission, orindependent agency having authority to build, construct, operate, license,authorize, assist, or approve any State or state‑assisted undertaking,shall, prior to the approval of any State funds for the undertaking, or priorto any approval, license, or authorization, as the case may be, take intoaccount the effect of the undertaking on any district, site, building,structure, or object that is listed in the National Register of Historic Placesestablished pursuant to Public Law 89‑665, 16 U.S.C. 470.

Where, in the judgment of theCommission, an undertaking will have an effect upon any listed district, site,building, structure, area, or object, the head of the appropriate State agencyshall afford the Commission a reasonable opportunity to comment with regard tosuch undertaking.

The Historical Commissionshall act with reasonable diligence to insure that all State departments,boards, commissions, or agencies potentially affected by the provisions of thissection be kept currently informed with respect to the name, location, and othersignificant particulars of any district, site, building, structure, or objectlisted or placed upon the National Register of Historic Places. Each affectedState department or agency shall furnish, either upon its own initiative or atthe request of the Historical Commission such information as may reasonably berequired by the Commission for the proper implementation of this section.

(b)        Criteria for StateHistoric Properties. – The Commission shall prepare and adopt criteria for theevaluation of State historic sites and all other real and personal propertywhich it may consider to be of such historic, architectural, archaeological, orcultural importance as would justify the acquisition and ownership thereof bythe State of North Carolina, or for the extension of any assistance or aidthereto by the State, acting by itself or in connection with any county, city,corporation, organization, or individual. The Commission shall cooperate to thefullest practical extent with any local historical organization and with anycity or county historic district properties commission. In evaluating whether abuilding should be a State historic site, the Commission shall request andreview plans for the use and maintenance of the building.

(c)        Criteria for StateAid to Historic Properties. – The Commission shall also prepare and adoptcriteria for the evaluation of all properties of historic or archaeologicalimportance owned by, under option to, or being considered for acquisition by acounty, city, historic properties commission, or other organization orindividual for which State aid or assistance is requested from the Departmentof Cultural Resources. The Commission shall investigate, evaluate, and preparea written report on all historic or archaeological property for which State aidor appropriations to be administered by the Department of Cultural Resourcesare proposed. If the property is a building, the Commission shall request andreview the plans for the use, maintenance, operation, and purpose of the buildingand shall comment on the feasibility of the plans in the written report. Thisreport, which shall be filed as a matter of record in the custody of theDepartment of Cultural Resources, shall set forth the following opinions orrecommendations of the Commission:

(1)        Whether the propertyis historically authentic;

(2)        Whether it is ofsuch educational, historical, or cultural significance as to be essential tothe development of a balanced State program of historic and archaeologicalsites and properties;

(3)        The estimated totalcost of the project under consideration and the apportionment of said costamong State and nonstate sources;

(4)        Whether practicalplans have been or can be developed for the funding of the nonstate portion ofthe costs;

(5)        Whether practicalplans have been developed for the continued staffing, maintenance and operationof the property without State assistance; and

(6)        Such furthercomments and recommendations that the Commission may make.

(c1)      Criteria for StateAid to Historical Museums. – The Commission shall also prepare and adoptcriteria for the evaluation of all interpretive, security or climate controlprograms or projects to be installed in nonprofit history museums for whichState aid or assistance is requested from the Department of Cultural Resources.The Commission shall investigate, evaluate, and prepare a written report on allinterpretive, security, or climate control programs or projects for which Stateappropriations to be administered by the Department of Cultural Resources areproposed. This report, which shall be filed as a matter of record in thecustody of the Department of Cultural Resources, shall set forth the followingopinions or recommendations of the Commission:

(1)        The statewideeducational significance and the qualitative level of the program or projectand whether the program or project is essential to the development of a Stateprogram of historical interpretation;

(2)        The local orregional need for such a program or project;

(3)        The estimated totalcost of the program or project under consideration and the apportionment ofsaid cost among State and nonstate sources;

(4)        Whether practicalplans have been or can be developed for the funding of the nonstate portions ofthe costs;

(5)        Whether practicalplans have been developed for the continued staffing, maintenance, andoperating of the museum without State assistance; and

(6)        Such furthercomments and recommendations that the Commission may make.

(d)        Commission toFurnish Recommendations to Legislative Committees. – The Commission through theDepartment of Cultural Resources shall furnish as soon as practicable to thechairman of each legislative committee to which is referred any bill seeking anappropriation of State funds to the Department of Cultural Resources for thepurpose of acquiring, preserving, restoring, or operating, or otherwiseassisting, any property having historic, archaeological, architectural, orother cultural value or significance, and to the chairman of each legislativecommittee to which is referred any bill seeking an appropriation of State fundsto the Department of Cultural Resources for the purpose of assisting a historymuseum, at least five copies of a report on the findings and recommendations ofthe Commission relating to such property. (1973, c. 476, s. 48; 1975,c. 19, s. 40; 1979, c. 861, ss. 3‑5; 1985 (Reg. Sess., 1986), c. 1014, s.171(b); 1995, c. 324, s. 12.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-12

§121‑12.  North Carolina Historical Commission.

(a)        Protection ofProperties on National Register. – It shall be the duty of the HistoricalCommission, meeting at such times and according to such procedures as it shallby rule prescribe, to provide an advisory and coordinative mechanism in and bywhich State undertakings of every kind that are potentially harmful to thecause of historic preservation within the State may be discussed, and wherepossible, resolved, giving due consideration to the competing public intereststhat may be involved. To this end, the head of any State agency having director indirect jurisdiction over a proposed State or state‑assistedundertaking, or the head of any State department, board, commission, orindependent agency having authority to build, construct, operate, license,authorize, assist, or approve any State or state‑assisted undertaking,shall, prior to the approval of any State funds for the undertaking, or priorto any approval, license, or authorization, as the case may be, take intoaccount the effect of the undertaking on any district, site, building,structure, or object that is listed in the National Register of Historic Placesestablished pursuant to Public Law 89‑665, 16 U.S.C. 470.

Where, in the judgment of theCommission, an undertaking will have an effect upon any listed district, site,building, structure, area, or object, the head of the appropriate State agencyshall afford the Commission a reasonable opportunity to comment with regard tosuch undertaking.

The Historical Commissionshall act with reasonable diligence to insure that all State departments,boards, commissions, or agencies potentially affected by the provisions of thissection be kept currently informed with respect to the name, location, and othersignificant particulars of any district, site, building, structure, or objectlisted or placed upon the National Register of Historic Places. Each affectedState department or agency shall furnish, either upon its own initiative or atthe request of the Historical Commission such information as may reasonably berequired by the Commission for the proper implementation of this section.

(b)        Criteria for StateHistoric Properties. – The Commission shall prepare and adopt criteria for theevaluation of State historic sites and all other real and personal propertywhich it may consider to be of such historic, architectural, archaeological, orcultural importance as would justify the acquisition and ownership thereof bythe State of North Carolina, or for the extension of any assistance or aidthereto by the State, acting by itself or in connection with any county, city,corporation, organization, or individual. The Commission shall cooperate to thefullest practical extent with any local historical organization and with anycity or county historic district properties commission. In evaluating whether abuilding should be a State historic site, the Commission shall request andreview plans for the use and maintenance of the building.

(c)        Criteria for StateAid to Historic Properties. – The Commission shall also prepare and adoptcriteria for the evaluation of all properties of historic or archaeologicalimportance owned by, under option to, or being considered for acquisition by acounty, city, historic properties commission, or other organization orindividual for which State aid or assistance is requested from the Departmentof Cultural Resources. The Commission shall investigate, evaluate, and preparea written report on all historic or archaeological property for which State aidor appropriations to be administered by the Department of Cultural Resourcesare proposed. If the property is a building, the Commission shall request andreview the plans for the use, maintenance, operation, and purpose of the buildingand shall comment on the feasibility of the plans in the written report. Thisreport, which shall be filed as a matter of record in the custody of theDepartment of Cultural Resources, shall set forth the following opinions orrecommendations of the Commission:

(1)        Whether the propertyis historically authentic;

(2)        Whether it is ofsuch educational, historical, or cultural significance as to be essential tothe development of a balanced State program of historic and archaeologicalsites and properties;

(3)        The estimated totalcost of the project under consideration and the apportionment of said costamong State and nonstate sources;

(4)        Whether practicalplans have been or can be developed for the funding of the nonstate portion ofthe costs;

(5)        Whether practicalplans have been developed for the continued staffing, maintenance and operationof the property without State assistance; and

(6)        Such furthercomments and recommendations that the Commission may make.

(c1)      Criteria for StateAid to Historical Museums. – The Commission shall also prepare and adoptcriteria for the evaluation of all interpretive, security or climate controlprograms or projects to be installed in nonprofit history museums for whichState aid or assistance is requested from the Department of Cultural Resources.The Commission shall investigate, evaluate, and prepare a written report on allinterpretive, security, or climate control programs or projects for which Stateappropriations to be administered by the Department of Cultural Resources areproposed. This report, which shall be filed as a matter of record in thecustody of the Department of Cultural Resources, shall set forth the followingopinions or recommendations of the Commission:

(1)        The statewideeducational significance and the qualitative level of the program or projectand whether the program or project is essential to the development of a Stateprogram of historical interpretation;

(2)        The local orregional need for such a program or project;

(3)        The estimated totalcost of the program or project under consideration and the apportionment ofsaid cost among State and nonstate sources;

(4)        Whether practicalplans have been or can be developed for the funding of the nonstate portions ofthe costs;

(5)        Whether practicalplans have been developed for the continued staffing, maintenance, andoperating of the museum without State assistance; and

(6)        Such furthercomments and recommendations that the Commission may make.

(d)        Commission toFurnish Recommendations to Legislative Committees. – The Commission through theDepartment of Cultural Resources shall furnish as soon as practicable to thechairman of each legislative committee to which is referred any bill seeking anappropriation of State funds to the Department of Cultural Resources for thepurpose of acquiring, preserving, restoring, or operating, or otherwiseassisting, any property having historic, archaeological, architectural, orother cultural value or significance, and to the chairman of each legislativecommittee to which is referred any bill seeking an appropriation of State fundsto the Department of Cultural Resources for the purpose of assisting a historymuseum, at least five copies of a report on the findings and recommendations ofthe Commission relating to such property. (1973, c. 476, s. 48; 1975,c. 19, s. 40; 1979, c. 861, ss. 3‑5; 1985 (Reg. Sess., 1986), c. 1014, s.171(b); 1995, c. 324, s. 12.)

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