§ 121-4. Powers and duties of the Department of Cultural Resources. - North Carolina Statutes

§ 121‑4.  Powers andduties of the Department of Cultural Resources.

The Department of CulturalResources shall have the following powers and duties:

(1)        To accept gifts,bequests, devises, and endowments for purposes which fall within the generallegal powers and duties of the Department. Unless otherwise specified by thedonor or legator, the Department may either expend both the principal andinterest of any gift or bequests or may invest such funds in whole or in part,by and with the consent of the State Treasurer.

(2)        To conduct a recordsmanagement program, including the operation of a records center or centers anda centralized microfilming program, for the benefit of all State agencies, andto give advice and assistance to the public officials and agencies in matterspertaining to the economical and efficient maintenance and preservation ofpublic records.

(3)        To preserve andadminister, in the North Carolina State Archives, such public records as may beaccepted into its custody, and to collect, preserve, and administer private andunofficial historical records and other documentary materials relating to thehistory of North Carolina and the territory included therein from the earliesttimes. The Department shall carefully protect and preserve such materials, filethem according to approved archival practices, and permit them, at reasonabletimes and under the supervision of the Department, to be inspected, examined,or copied: Provided, that any materials placed in the keeping of the Departmentunder special terms or conditions restricting their use shall be madeaccessible only in accordance with such terms or conditions.

(4)        To have materials onthe history of North Carolina properly edited, published as other Stateprinting, and distributed under the direction of the Department. The Departmentmay charge a reasonable price for such publications and devote the revenuearising from such sales to the work of the Department.

(5)        With the cooperationof the State Board of Education and the Department of Public Instruction todevelop, conduct, and assist in the coordination of a program for the betterand more adequate teaching of State and local history in the public schools andthe institutions of the community college system of North Carolina, including,as appropriate, the preparation and publication of suitable histories of allcounties and of other appropriate materials, the distribution of such materialsto the public schools and community college system for a reasonable charge, andthe coordination of this program throughout the State.

(6)        To maintain andadminister the North Carolina Museum of History, to collect and preservetherein important historical and cultural materials, and according to approvedmuseum practices to classify, accession, house, and when feasible exhibit suchmaterials and make them available for study.

(7)        To select suitablesites on property owned by the State of North Carolina, or any subdivision ofthe State, for the erection of historical markers calling attention to nearbyhistoric sites and prepare appropriate inscriptions to be placed on suchmarkers. The Department shall have all markers manufactured, and whencompleted, each marker shall be delivered to the Department of Transportationfor payment and erection under the provisions of G.S. 136‑42.2 and 136‑42.3.The Secretary is authorized to appoint a highway historical marker advisorycommittee to approve all proposed highway historical markers and to establishcriteria for carrying out this responsibility.

(8)        In accordance withG.S. 121‑9 of this Chapter, to acquire real and personal properties thathave statewide historical, architectural, archaeological, or other culturalsignificance, by gift, purchase, devise, or bequest; to preserve and administersuch properties; and, when necessary, to charge reasonable admission fees tosuch properties. In the acquisition of such property, the Department shall alsohave the authority to acquire nearby or adjacent property adjacent toproperties having statewide significance deemed necessary for the proper use,administration, and protection of historic, architectural, archaeological, orcultural properties, or for the protection of the environment thereof.

(9)        To administer andenforce reasonable rules adopted and promulgated by the Historical Commissionfor the regulation of the use by the public of such historical, architectural,archaeological, or cultural properties under its charge, which regulations,after having been posted in conspicuous places on and adjacent to such Stateproperties and having been filed according to law, shall have the force andeffect of law and any violation of such regulations shall constitute a Class 3misdemeanor.

(10)      To coordinate theobjectives of the state‑created historical and commemorative commissionswith the other policies, objectives, and programs of the Department of CulturalResources.

(11)      To organize andadminister a junior historian program, in cooperation with the Department ofPublic Education, the public schools, and other agencies or organizations thatmay be concerned therein.

(12)      With the approval ofthe Historical Commission, to dispose of any accessioned records, artifacts,and furnishings in the custody of the Department that are determined to have nofurther use or value for official or administrative purposes or for researchand reference purposes.

(13)      To promote andencourage throughout the State knowledge and appreciation of North Carolinahistory and heritage by encouraging the people of the State to engage in thepreservation and care of archives, historical manuscripts, museum items, andother historical materials; the writing and publication of State and localhistories of high standard; the display and interpretation of historicalmaterials; the marking and preservation of historic, architectural, orarchaeological structures and sites of great importance; the teaching of NorthCarolina and local history in the schools and colleges; the appropriateobservance of events of importance to the State's history; the publicizing ofthe State's history through media of public information; and other activitiesin historical and allied fields.

(14)      With the approval ofthe Historical Commission, to charge and collect fees not to exceed cost forphotographs, photocopies of documents, microfilm and other microforms and otheraudio or visual reproductions of public records or other documentary materials,objects, artifacts, and research materials; and for the restoration andpreservation of documents and other materials important for archival orhistorical purposes.

(15)      To encourage anddevelop, in cooperation with the Department of Administration and inconsultation with the Department of Transportation, the Department of Commerce,the Department of Environment and Natural Resources, the North Carolina Leagueof Municipalities, the North Carolina Association of County Commissioners, andthe Historic Preservation Foundation of North Carolina, Inc., a centralclearinghouse for information on historic preservation for the benefit and useof public and private agencies and persons in North Carolina.

(16)      Repealed by SessionLaws 2004‑203, s. 51, effective August 17, 2004.

(17)      (See Editor'snote) To enter into an agreement with a private nonprofit corporation forthe management of facilities to provide food and beverages at the NorthCarolina Museum of History. Any net proceeds received by the private nonprofitcorporation shall be devoted to the work of the Department. Any privatenonprofit corporation entering into an agreement with the Department withregard to the management of the facilities may enter into further agreementswith private persons or corporations concerning the operation of thefacilities. The Department may enter into an agreement in regard to obtainingor installing equipment, furniture, and furnishings for such facilities. (Rev., ss. 4540, 4541; 1907,c. 714, s. 2; 1911, c. 211, s. 6; C.S., s. 6142; 1925, c. 275, s. 11; 1943, c.237; 1945, c. 55; 1955, c. 543, s. 1; 1957, c. 330, s. 1; 1959, c. 68, s. 1;1971, c. 345, s. 3; 1973, c. 476, s. 48; 1977, c. 464, s. 38; 1981, c. 721;1989, c. 379; c. 727, s. 218(83); c. 751, s. 11; 1991, c. 757, s. 5; 1991 (Reg.Sess., 1992), c. 959, s. 30; 1993, c. 522, s. 8; c. 539, s. 915; 1994, Ex.Sess., c. 24, s. 14(c); 1997‑443, s. 11A.119(a); 2004‑203, s. 51.)