§ 143B-62. North Carolina Historical Commission - creation, powers and duties. - North Carolina Statutes

Part4. North Carolina Historical Commission.

§ 143B‑62.  North Carolina Historical Commission– creation, powers and duties.

There is hereby created the North Carolina Historical Commission of theDepartment of Cultural Resources to give advice and assistance to the Secretaryof Cultural Resources and to promulgate rules and regulations to be followed inthe acquisition, disposition, preservation, and use of records, artifacts, realand personal property, and other materials and properties of historical, archaeological,architectural, or other cultural value, and in the extension of State aid toother agencies, counties, municipalities, organizations, and individuals in theinterest of historic preservation.

(1)        The Historical Commission shall have the following powersand duties:

a.         To advise the Secretary of Cultural Resources on thescholarly editing, writing, and publication of historical materials to beissued under the name of the Department.

b.         To evaluate and approve proposed nominations of historic,archaeological, architectural, or cultural properties for entry on the NationalRegister of Historic Places.

c.         To evaluate and approve the State plan for historicpreservation as provided for in Chapter 121.

d.         To evaluate and approve historic, archaeological,architectural, or cultural properties proposed to be acquired and administeredby the State.

e.         To evaluate and prepare a report on its findings andrecommendations concerning any property not owned by the State for which Stateaid or appropriations are requested from the Department of Cultural Resources,and to submit its findings and recommendations in accordance with Chapter 121.

f.          To serve as an advisory and coordinative mechanism in andby which State undertakings of every kind that are potentially harmful to thecause of historic preservation within the State may be discussed, and wherepossible, resolved, particularly by evaluating and making recommendationsconcerning any State undertaking which may affect a property that has beenentered on the National Register of Historic Places as provided for in Chapter121 of the General Statutes of North Carolina.

g.         To exercise any other powers granted to the Commission byprovisions of Chapter 121 of the General Statutes of North Carolina.

h.         To give its professional advice and assistance to theSecretary of Cultural Resources on any matter which the Secretary may refer toit in the performance of the Department's duties and responsibilities providedfor in Chapter 121 of the General Statutes of North Carolina.

i.          To serve as a search committee to seek out, interview, andrecommend to the Secretary of Cultural Resources one or more experienced andprofessionally trained historian(s) for either the position of Deputy Secretaryof Archives and History when a vacancy occurs, and to assist and cooperate withthe Secretary in periodic reviews of the performance of the Deputy Secretary.

j.          To assist and advise the Secretary of Cultural Resourcesand the Deputy Secretary of Archives and History in the development andimplementation of plans and priorities for the State's historical programs.

(2)        The Historical Commission shall have the power and duty toestablish standards and provide rules and regulations as follows:

a.         For the acquisition and use of historical materials suitablefor acceptance in the North Carolina Office of Archives and History.

b.         For the disposition of public records under provisions ofChapter 121 of the General Statutes of North Carolina.

c.         For the certification of records in the North Carolina StateArchives 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 theGeneral 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 throughthe Department of Cultural Resources to counties, municipalities,organizations, or individuals for the purpose of historic preservation orrestoration.

f1.        For the extension of State aid or appropriations through theDepartment of Cultural Resources to nonstate‑owned nonprofit historymuseums.

g.         For qualification for grants‑in‑aid or other assistancefrom the federal government for historic preservation or restoration asprovided in Chapter 121 of the General Statutes of North Carolina. This sectionshall be construed liberally in order that the State and its citizens maybenefit from such grants‑in‑aid.

(3)        The Commission shall adopt rules and regulations consistentwith the provisions of this section. All current rules and regulationsheretofore adopted by the Executive Board of the State Department of Archivesand History, the Historic Sites Advisory Committee, the North Carolina AdvisoryCouncil on Historical Preservation, the Executive Mansion Fine Arts Commission,and the Memorials Commission shall remain in full force and effect unless anduntil repealed or superseded by action of the Historical Commission. All rulesand regulations adopted by the Commission shall be enforced by the Departmentof 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).)