143B-62. North Carolina Historical Commission - creation, powers and duties.
There is hereby created the North Carolina Historical Commission of the Department of Natural and Cultural Resources to give advice and assistance to the Secretary of Natural and Cultural Resources and to promulgate rules and regulations to be followed in the acquisition, disposition, preservation, and use of records, artifacts, real and personal property, and other materials and properties of historical, archaeological, architectural, or other cultural value, and in the extension of State aid to other agencies, counties, municipalities, organizations, and individuals in the interest of historic preservation.
(1) The Historical Commission shall have the following powers and duties:
a. To advise the Secretary of Natural and Cultural Resources on the scholarly editing, writing, and publication of historical materials to be issued under the name of the Department.
b. To evaluate and approve proposed nominations of historic, archaeological, architectural, or cultural properties for entry on the National Register of Historic Places.
c. To evaluate and approve the State plan for historic preservation as provided for in Chapter 121.
d. To evaluate and approve historic, archaeological, architectural, or cultural properties proposed to be acquired and administered by the State.
e. To evaluate and prepare a report on its findings and recommendations concerning any property not owned by the State for which State aid or appropriations are requested from the Department of Natural and Cultural Resources, and to submit its findings and recommendations in accordance with Chapter 121.
f. To serve as an advisory and coordinative mechanism in and by which State undertakings of every kind that are potentially harmful to the cause of historic preservation within the State may be discussed, and where possible, resolved, particularly by evaluating and making recommendations concerning any State undertaking which may affect a property that has been entered on the National Register of Historic Places as provided for in Chapter 121 of the General Statutes of North Carolina.
g. To exercise any other powers granted to the Commission by provisions of Chapter 121 of the General Statutes of North Carolina.
h. To give its professional advice and assistance to the Secretary of Natural and Cultural Resources on any matter which the Secretary may refer to it in the performance of the Department's duties and responsibilities provided for in Chapter 121 of the General Statutes of North Carolina.
i. To serve as a search committee to seek out, interview, and recommend to the Secretary of Natural and Cultural Resources one or more experienced and professionally trained historian(s) for either the position of Deputy Secretary of Archives and History when a vacancy occurs, and to assist and cooperate with the Secretary in periodic reviews of the performance of the Deputy Secretary.
j. To assist and advise the Secretary of Natural and Cultural Resources and the Deputy Secretary of Archives and History in the development and implementation of plans and priorities for the State's historical programs.
(2) The Historical Commission shall have the power and duty to establish standards and provide rules and regulations as follows:
a. For the acquisition and use of historical materials suitable for acceptance in the North Carolina Office of Archives and History.
b. For the disposition of public records under provisions of Chapter 121 of the General Statutes of North Carolina.
c. For the certification of records in the North Carolina State Archives as provided in Chapter 121 of the General Statutes of North Carolina.
d. For the use by the public of historic, architectural, archaeological, or cultural properties as provided in Chapter 121 of the General Statutes of North Carolina.
e. For the acquisition of historic, archaeological, architectural, or cultural properties by the State.
f. For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to counties, municipalities, organizations, or individuals for the purpose of historic preservation or restoration.
f1. For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to nonstate-owned nonprofit history museums.
g. For qualification for grants-in-aid or other assistance from the federal government for historic preservation or restoration as provided in Chapter 121 of the General Statutes of North Carolina. This section shall be construed liberally in order that the State and its citizens may benefit from such grants-in-aid.
(3) The Commission shall adopt rules and regulations consistent with the provisions of this section. All current rules and regulations heretofore adopted by the Executive Board of the State Department of Archives and History, the Historic Sites Advisory Committee, the North Carolina Advisory Council on Historical Preservation, and the Executive Mansion Fine Arts Commission shall remain in full force and effect unless and until repealed or superseded by action of the Historical Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Natural and Cultural Resources. (1973, c. 476, s. 44; 1977, c. 513, s. 2; 1979, c. 861, s. 6; 1985 (Reg. Sess., 1986), c. 1014, s. 171(f); 1997-411, ss. 1-3; 2002-159, s. 35(k); 2015-184, s. 8; 2015-241, s. 14.30(s), (t).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143B - Executive Organization Act of 1973
Article 2 - Department of Natural and Cultural Resources.
§ 143B-49 - Department of Natural and Cultural Resources creation, powers and duties.
§ 143B-50 - Duties of the Department.
§ 143B-50.1 - Additional powers and duties of the Department regarding recreation.
§ 143B-51 - Functions of the Department.
§ 143B-52 - Head of the Department.
§ 143B-53 - Organization of the Department.
§ 143B-53.3 - Queen Anne's Revenge Project.
§ 143B-53.10 - Annual report on fees.
§ 143B-62 - North Carolina Historical Commission creation, powers and duties.
§ 143B-63 - Historical Commission members; selection; quorum; compensation.
§ 143B-64 - Historical Commission - officers.
§ 143B-65 - Historical Commission - regular and special meetings.
§ 143B-67 - Public Librarian Certification Commission creation, powers and duties.
§ 143B-68 - Public Librarian Certification Commission members; selection; quorum; compensation.
§ 143B-69 - Public Librarian Certification Commission - officers.
§ 143B-70 - Public Librarian Certification Commission - regular and special meetings.
§ 143B-71 - Tryon Palace Commission creation, powers, and duties.
§ 143B-72 - Tryon Palace Commission members; selection; quorum; compensation.
§ 143B-73 - U.S.SNorth Carolina Battleship Commission creation, powers, and duties.
§ 143B-73.1 - U.S.SNorth Carolina Battleship Commission duties.
§ 143B-74 - U.S.SNorth Carolina Battleship Commission members; selection; quorum; compensation.
§ 143B-74.1 - U.S.SNorth Carolina Battleship Commission funds.
§ 143B-74.2 - U.S.SNorth Carolina Battleship Commission employees.
§ 143B-74.3 - U.S.SNorth Carolina Battleship Commission - employees not to have interest.
§ 143B-79 - Executive Mansion Fine Arts Committee creation, powers and duties.
§ 143B-80 - Executive Mansion Fine Arts Committee members; selection; quorum; compensation.
§ 143B-80.1 - Regular and special meetings.
§ 143B-83 - North Carolina Awards Committee creation, powers and duties.
§ 143B-84 - North Carolina Awards Committee members; selection; quorum; compensation.
§ 143B-87 - North Carolina Arts Council creation, powers and duties.
§ 143B-87.2 - A+ Schools Special Fund.
§ 143B-88 - North Carolina Arts Council members; selection; quorum; compensation.
§ 143B-90 - State Library Commission creation, powers and duties.
§ 143B-91 - State Library Commission members; selection; quorum; compensation.
§ 143B-92 - Roanoke Island Historical Association - creation, powers and duties.
§ 143B-93 - Roanoke Island Historical Association - status.
§ 143B-94 - North Carolina Symphony Society, Inc.
§ 143B-95 - Edenton Historical Commission creation, purposes and powers.
§ 143B-96 - Edenton Historical Commission - status.
§ 143B-97 - Edenton Historical Commission reports.
§ 143B-98 - Edenton Historical Commission members; selection; compensation; quorum.
§ 143B-99 - Historic Bath Commission creation, powers and duties.
§ 143B-100 - Historic Bath Commission - status.
§ 143B-101 - Historic Bath Commission reports.
§ 143B-102 - Historic Bath Commission members; selection; quorum; compensation.
§ 143B-103 - Historic Hillsborough Commission - creation, powers and duties.
§ 143B-104 - Historic Hillsborough Commission - status.
§ 143B-105 - Historic Hillsborough Commission reports.
§ 143B-106 - Historic Hillsborough Commission members; selection; quorum; compensation.
§ 143B-107 - Historic Murfreesboro Commission - creation, powers and duties.
§ 143B-108 - Historic Murfreesboro Commission - status.
§ 143B-109 - Historic Murfreesboro Commission reports.
§ 143B-110 - Historic Murfreesboro Commission members; selection; quorum; compensation.
§ 143B-121 - Program established.
§ 143B-122 - Distribution of funds.
§ 143B-123 - Rules and procedures; standards for qualification for funds.
§ 143B-124 - Designation of organization as official distributing agent; duties.
§ 143B-125 - Disposition of funds for counties without organizations meeting Department standards.
§ 143B-126 - Voluntary registration; designation of names; registration symbol.
§ 143B-127 - Contracts with registered groups.
§ 143B-133.1 - 143B-133, Expired.
§ 143B-135 - Commission established.
§ 143B-135.5 - American Indian Heritage Commission established.
§ 143B-135.14 - Power to acquire conservation lands not included in the State Parks System.
§ 143B-135.18 - Legislative authority necessary for payment.
§ 143B-135.20 - License fees for hunting and fishing on government-owned property unaffected.
§ 143B-135.26 - Disposition of revenues received from lands acquired.
§ 143B-135.28 - State not obligated for debts created hereunder.
§ 143B-135.30 - Disposition of lands acquired.
§ 143B-135.42 - Declaration of policy and purpose.
§ 143B-135.46 - Powers of the Secretary.
§ 143B-135.48 - Preparation of a System Plan.
§ 143B-135.50 - Classification of parks resources.
§ 143B-135.52 - General management plans.
§ 143B-135.54 - Additions to and deletions from the State Parks System.
§ 143B-135.56 - Parks and Recreation Trust Fund.
§ 143B-135.58 - State Parks boat ramps.
§ 143B-135.72 - Policy and purpose.
§ 143B-135.76 - Assistance under this Part with the National Trails System Act (PL 90-543).
§ 143B-135.78 - Acquisition of rights-of-way and lands; manner of acquiring.
§ 143B-135.80 - Expenditures authorized.
§ 143B-135.92 - Declaration of policy and purpose.
§ 143B-135.96 - Composition of State Trails System.
§ 143B-135.98 - Authority to designate trails.
§ 143B-135.100 - Use of State land for bicycling; creation of trails by volunteers.
§ 143B-135.102 - Trails Committee duties.
§ 143B-135.104 - Location of trails.
§ 143B-135.106 - Scenic easements within right-of-way.
§ 143B-135.108 - Trails within parks; conflict of laws; State trails on property of others.
§ 143B-135.110 - Uniform trail markers.
§ 143B-135.112 - Adopt-A-Trail Program.
§ 143B-135.114 - Administrative policy.
§ 143B-135.116 - Incorporation in National Trails System.
§ 143B-135.118 - Trail use liability.
§ 143B-135.130 - North Carolina Trails Committee creation; powers and duties.
§ 143B-135.132 - North Carolina Trails Committee members; selection; removal; compensation.
§ 143B-135.142 - Declaration of policy.
§ 143B-135.144 - Declaration of purpose.
§ 143B-135.148 - Types of scenic rivers.
§ 143B-135.150 - Criteria for system.
§ 143B-135.154 - Additional components.
§ 143B-135.156 - Administrative agency; federal grants; additions to the system; regulations.
§ 143B-135.158 - Raising the status of an area.
§ 143B-135.160 - Land acquisition.
§ 143B-135.162 - Claim and allowance of charitable deduction for contribution or gift of easement.
§ 143B-135.164 - Component as part of State park, wildlife refuge, etc.
§ 143B-135.166 - Component as part of national wild and scenic river system.
§ 143B-135.170 - Authorization of advances.
§ 143B-135.172 - Restrictions on project works on natural or scenic river.
§ 143B-135.180 - Division of North Carolina Aquariums creation.
§ 143B-135.182 - Division of North Carolina Aquariums organization; powers and duties.
§ 143B-135.184 - North Carolina Aquariums; purpose.
§ 143B-135.186 - Local advisory committees; duties; membership.
§ 143B-135.188 - North Carolina Aquariums; fees; fund.
§ 143B-135.190 - Satellite areas prohibited absent General Assembly authorization.
§ 143B-135.200 - North Carolina Parks and Recreation Authority; creation; powers and duties.
§ 143B-135.204 - Powers and duties of the Secretary.
§ 143B-135.205 - North Carolina Zoological Park Council creation; powers and duties.
§ 143B-135.209 - North Carolina Zoo Fund.
§ 143B-135.210 - Right to receive gifts.
§ 143B-135.211 - Tax exemption for gifts to North Carolina Zoological Park.
§ 143B-135.212 - Cities and counties.
§ 143B-135.213 - Sources of funds.
§ 143B-135.215 - Commission created; membership.
§ 143B-135.219 - No compensation of members; reimbursement for expenses.
§ 143B-135.221 - Reports to General Assembly.
§ 143B-135.223 - Museum of Natural Sciences; disposition of objects.
§ 143B-135.225 - Museum of Natural Sciences; fees; fund.
§ 143B-135.227 - North Carolina Science Museums Grant Program.
§ 143B-135.229 - North Carolina Museum of Natural Sciences' satellite museums.
§ 143B-135.234 - Clean Water Management Trust Fund.
§ 143B-135.236 - North Carolina Conservation Easement Endowment Fund.
§ 143B-135.238 - Grant requirements.
§ 143B-135.242 - Clean Water Management Trust Fund Board of Trusteespowers and duties.
§ 143B-135.244 - Clean Water Management Trust Fundreporting requirement.
§ 143B-135.246 - Clean Water Management Trust FundExecutive Director and staff.
§ 143B-135.252 - Declaration of policy and purpose.
§ 143B-135.256 - Powers and duties of the Secretary.
§ 143B-135.258 - Registration of natural areas.
§ 143B-135.260 - Dedication of nature preserves.
§ 143B-135.262 - Nature preserves held in trust.
§ 143B-135.264 - Dedication of state-owned lands to nature preserves; procedures.
§ 143B-135.266 - Dedication of preserves by local governmental units.
§ 143B-135.268 - Acquisition of land by State.
§ 143B-135.270 - Assessment of land subject to permanent dedication agreement.
§ 143B-135.272 - Access to information; fees.
§ 143B-135.273 - Administration of the Conservation Tax Credit program.