Title 55, State Historical Society and State Parks

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 pote…

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 …

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.

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 …

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 gen…

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 …

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 th…

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…

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 pr…

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.

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

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.

1. The America 250 commission within the state historical society is comprised of members appointed under this subsection. The head of each of the following departments and entities shall select one member to represent the department or entity, and the state historical society ma…

(Repealed effective December 31, 2026) 1. The America 250 commission has exclusive authority to represent this state in official dealings with the America 250 foundation and the United States semiquincentennial commission. 2. The commission may accept gifts, grants, and donations…

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 …

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…

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 bo…

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 an…

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 represe…

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 infr…

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…

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 whe…

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, obje…

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…

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…

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 b…

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 socie…

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 th…

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, …

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 …

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 o…

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 professionall…

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 a…

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 art…

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 surfa…

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 explora…

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 t…

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 thereo…

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

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…

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 …

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.

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.

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 t…

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…

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, includin…

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 departme…

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.

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 of…