Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-20-17 Legislative findings--Purpose of chapter
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The Legislature hereby declares that the public has an interest in preservation and protection of the state's archaeological resources; that the public has the right to the knowledge to be derived and gained from the scientific study of these resources; and that therefore it is t…
SDCL § 1-20-18 Definitions
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Terms used in this chapter mean: (1) "Complete collection," any site forms, updated site forms, artifacts, ecofacts, permits, contracts, correspondence, survey and excavation records, field notes, maps, lab analysis records, manuals for filed and lab procedures, photographic medi…
SDCL § 1-20-19 Employment and qualifications of state archaeologist
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The secretary of education shall, subject to the Governor's approval, employ a state archaeologist, who shall serve at the pleasure of the secretary. The state archaeologist shall be a qualified anthropologist. The minimum professional qualifications for the position shall includ…
SDCL § 1-20-20 Duties of state archaeologist--Employment of personnel
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The state archaeologist shall administer the preservation and protection of the state's archaeological resources pursuant to this chapter. The secretary of education may employ such qualified persons as may be needed to assist the state archaeologist in the performance of the dut…
SDCL § 1-20-21 Statewide survey of archaeological sites--Records
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The state archaeologist, on behalf of the State Historical Society Board of Trustees shall conduct, as part of that board's statewide survey of historic properties, a survey of archaeological sites located within the state and maintain records of such sites. Source: SL 1947, ch 2…
SDCL § 1-20-21.1 Agreements involving archaeological survey or assessment work--Fee schedule
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The state archaeologist may enter into agreements involving archaeological survey or assessment work with any state or federal department, agency, institution, or political subdivision or with a private contractor. The State Historical Society Board of Trustees may promulgate rul…
SDCL § 1-20-21.2 Confidentiality of records pertaining to location of archaeological site--Exceptions
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Any records maintained pursuant to § 1-20-21 pertaining to the location of an archaeological site shall remain confidential to protect the integrity of the archaeological site. The state archaeologist may make the information from the records of an archeological site available to…
SDCL § 1-20-22 Notice to board of projects endangering archaeological sites--Notice to contractors
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When any state department, institution, or agency, or political subdivision of the state finds or is made aware by an appropriate historical or archaeological authority that its operation in connection with any state, state-assisted, state-licensed, or state-contracted project, a…
SDCL § 1-20-23 Investigation of endangered archaeological sites
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The State Historical Society Board of Trustees, upon notification or determination that scientific, historical, or archaeological data including relics and specimens, is or may be adversely affected, shall, after reasonable notice to the responsible department, institution, or ag…
SDCL § 1-20-24 Initiation of action by board--Recovery of archaeological data--Contractor's cost
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The State Historical Society Board of Trustees shall initiate actions within sixty days of notification under § 1-20-22 and within such time as agreed upon in other cases. The responsible agency shall expend agency funds for the purpose of recovering scientific, historical, or ar…
SDCL § 1-20-25 Exclusive right--Investigation on public lands--Property of state
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The state reserves to itself the exclusive rights and privilege of field investigation on land owned or controlled by the state, its agencies, departments, institutions, or political subdivisions in order to protect and preserve archaeological and scientific information, matter, …
SDCL § 1-20-26 Cooperation with state archaeologist by public agencies
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All state agencies, departments, institutions, and commissions, as well as all counties and municipalities, shall cooperate fully with the state archaeologist in the preservation, protection, excavation, and evaluation of specimens and sites. Source: SL 1974, ch 11 , § 10.
SDCL § 1-20-27 Reservation from sale of state archaeological sites--Release when examination complete
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Upon written notice to the commissioner of school and public lands given by the state archaeologist, the commissioner shall reserve from sale any state lands on which sites or artifacts are located or may be found, as designated by the state archaeologist. However, the reservatio…
SDCL § 1-20-28 Reservation by state of archaeological interest in land transferred
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When transferring real property under its jurisdiction that contains significant archaeological, aboriginal or other anthropological resources, the State of South Dakota, its agencies, departments, and institutions, may, upon the recommendation of the state archaeologist conditio…
SDCL § 1-20-29 Policy as to investigations on private land
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It is the declared intention of the Legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter; and persons having knowledge of the location of archaeological sites are encouraged t…
SDCL § 1-20-30 Designation of archaeological register sites--Consent required
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The State Historical Society Board of Trustees may publicly designate an archaeological site of significance to the scientific study of public representation of the state's historical, prehistorical, or aboriginal past as a state archaeological register site. However, no site may…
SDCL § 1-20-31 Notice of designation of archaeological site--Permit required for field investigation
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Upon designation of an archaeological site, the owners and occupants of each designated state archaeological register site shall be given written notification of such designation by the state archaeologist. Once so designated, no person may conduct field investigation activities …
SDCL § 1-20-32 Issuance of exploration permits--Qualifications of permittees
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The State Historical Society Board of Trustees may issue permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be proper…
SDCL § 1-20-33 Exploration results--Report to state archaeologist
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When exploration or field investigations are undertaken pursuant to § 1-20-32 , a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs shall be submitted to the state archaeologist for review. Source: SL 1974, ch 11 , § 6; SL 2021, c…
SDCL § 1-20-34 Specimens collected--State property--Disposition
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When a permit is issued pursuant to § 1-20-32 , the permittee shall prepare a technical report documenting such project or undertaking. The report shall be submitted to the state archaeologist for review and approval. The complete collection of the project is the permanent proper…
SDCL § 1-20-35 Unauthorized investigation as misdemeanor--Forfeiture of materials found
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No person may conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Soc…
SDCL § 1-20-36 Trespass on private land--Misdemeanor
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It is deemed an act of trespass for any person to remove artifacts and antiquities of the kind described in this chapter from the private land of any owner without the owner's permission being first obtained, in writing. A violation of this section is a Class 2 misdemeanor. Sourc…
SDCL § 1-20-37 Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor
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No person may reproduce, retouch, rework, or forge any archaeological, paleontological, ethnological, or historical object, deriving its principal value from its antiquity, or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or excha…