DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

RSA tit. I, ch. 12-A

in effect

RSA 12-A:1 Establishment.

12-A:1. Establishment. There shall be a department of natural and cultural resources under the executive direction of a commissioner of natural and cultural resources, consisting of a division of forests and lands, a division of parks and recreation, a division of libraries, a division of arts, and a division of historical resources, which shall also be known as the state historic preservation office. The department's purpose shall be to ensure the efficient coordinated function of the 5 divisions, whereby the interests of protection and responsible management of natural and cultural resources, public enjoyment of state parks and forests, the state library, arts, film and digital media, and historic resources are each held to be of integral importance in the overall functioning of the department. All functions of the former department of cultural resources are hereby transferred, as of July 1, 2017, to the department of natural and cultural resources. Source. 1909, 128:1. 1925, 113:1. PL 19:33; 191:1. 1931, 92:1. 1935, 6:1; 126:1. RL 27:40; 233:1. 1943, 39:3, 147:1. 1950, 5, part 12:1, pars. 1, 2, 4. 1951, 47:1, 2. RSA 12:1, 2; 162:1, 2, 4; 216:1. 1957, 241:1, 3, 4. 1959, 172:1, 2. 1961, 223:3. 1970, 53:3. 1975, 146:1. 1999, 317:2. 2001, 28:1, eff. July 14, 2001. 2017, 156:15, eff. July 1, 2017. 2018, 200:1, eff. July 1, 2018.

RSA 12-A:1-a Declaration of Purpose.

12-A:1-a. Declaration of Purpose. The purpose of this act is to improve the administration of state government by providing unified direction of policies, programs and personnel in the field of natural and cultural resources making possible increased efficiency and economies from integrated administration and operation of these related functions of the state government. Source. 1961, 223:1. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:1-b General Provisions.

12-A:1-b. General Provisions. I. Upon the recommendation of the commissioner of natural and cultural resources after consultation with division directors concerned and the advisory commission established by this chapter, the governor and council are authorized to approve revisions in internal administrative departmental organization as the governor and council find from time to time may improve or make more economical the administration of the department; provided, however, no such change shall eliminate any then existing position within the classified service unless such position shall then be vacant, or, if filled, its incumbent has been transferred to an equivalent or higher paid position of like tenure. II. With the approval of the governor and council and of the director of personnel the commissioner of natural and cultural resources after consultation with directors of divisions concerned and the advisory commission is authorized to transfer classified personnel, appropriations or portions thereof relating thereto as well as necessary equipment, within any division or between divisions of the department. Source. 1961, 223:2. 1986, 12:4, I, eff. Mar. 27, 1986. 2017, 156:16, eff. July 1, 2017.

RSA 12-A:1-c Powers and Duties of Department of Natural and Cultural Resources.

12-A:1-c. Powers and Duties of Department of Natural and Cultural Resources. I. The department of natural and cultural resources shall be responsible for the following general functions: (a) Providing information services to state government. (b) Developing strategies for the conservation, management, and protection of the state's forests and lands and the promotion of the state's parks and recreation resources. (c) Developing and coordinating a statewide library service network. (d) Stimulating and encouraging public interest and participation in the study and presentation of the performing and fine arts. (e) Sponsoring state historic preservation activities. (f) [Repealed.] II. The commissioner shall assign, with the approval of the advisory commission, such duties and functions to the 5 divisions of the department, as in his or her discretion will best effectuate the purposes, powers, and duties set forth in this section and as otherwise provided by statute. Source. 1967, 166:1. 1991, 359:1, eff. July 1, 1991. 2017, 156:17, eff. July 1, 2017. 2018, 200:2, 9, I, eff. July 1, 2018.

RSA 12-A:1-d Police Powers.

12-A:1-d. Police Powers. I. The commissioner of the department of natural and cultural resources, the director of the division of parks and recreation, and the director of the division of forests and lands shall have authority as peace officers as provided in RSA 594 and may confer said authority upon certain individuals within the department of natural and cultural resources, the division of parks and recreation, and the division of forests and lands. Said police powers shall be limited to the enforcement of state laws and rules of the department of natural and cultural resources on lands or property owned by, leased to, or otherwise under the control of the department of natural and cultural resources. Nothing herein shall limit the police powers of employees of the department of natural and cultural resources as provided for in RSA 227-G:7, RSA 215-C:32, and RSA 215-A:16 and 17. II. By written agreement executed by the commissioner of the department of natural and cultural resources, any authorized municipal official may utilize the summons procedures under RSA 31:39-d to cite individuals for violations of state park administrative rules or forests and lands administrative rules, or both. Authorized municipalities acting under this paragraph shall retain 100 percent of any fine collected in accordance with the schedule of administrative fines of the department of natural and cultural resources. Source. 1979, 204:1. 1981, 538:6, 13. 1995, 299:4. 2005, 210:3. 2010, 230:1, eff. June 28, 2010. 2013, 166:2, eff. June 27, 2013. 2017, 156:18, eff. July 1, 2017.

RSA 12-A:2 Commissioner of Natural and Cultural Resources.

12-A:2. Commissioner of Natural and Cultural Resources. There shall be a commissioner of natural and cultural resources who shall be appointed by the governor and council for a term of 4 years from the date of appointment. A vacancy shall be filled for the unexpired term. It shall be the responsibility of the commissioner to organize and direct the work of the department. The commissioner of natural and cultural resources shall appoint one member of his or her staff who shall act in the commissioner's stead when said commissioner is absent from the state and at such other times as directed by the commissioner. When acting for the commissioner said person shall have all the power, duties and authority of the commissioner. Directors of departmental divisions shall be subject to the supervisory authority of the commissioner, which authority shall include power to establish department and divisional policy as well as to control the actual operations of the department and all divisions therein. The commissioner shall consult with the advisory commission prior to the establishment of general and divisional departmental policy. Source. 1925, 113:1. PL 19:33. 1931, 91:2. 1935, 6:1. RL 27:40. 1943, 39:3. 1945, 184:1. 1950, 5, part 12:1, par. 2. 1953, 265:1. RSA 12:1, 2; 162:2; 218:1, 3. 1961, 223:3. 2007, 156:2, eff. Aug. 17, 2007. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:2-c Rulemaking; Administrative Fines.

12-A:2-c. Rulemaking; Administrative Fines. I. The commissioner shall adopt rules under RSA 541-A governing use by the public of state forests, parks, or any other land or buildings operated by the department of natural and cultural resources. This shall include, but not be limited to, the commissioner's responsibilities under RSA 216 and 227-H. II. Such rules shall include, but not be limited to: (a) Conduct of persons using the property, including prohibitions or restrictions on use, restrictions on smoking, or transportation of any substances, articles, or other matter. (b) Use of vehicles, including, but not limited to, restrictions on parking and speed. (c)-(e)[Repealed.] (f) Imposition of administrative fines under paragraph IV. III. If so specified in any rule, persons violating that rule may be evicted from the property and shall be guilty of either a violation or a misdemeanor as stated in the specific rule. IV. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $250 for each offense upon any person who violates any provision of the department's administrative rules. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under RSA 227-J. The commissioner shall adopt rules, under RSA 541-A, relative to: (a) A schedule of administrative fines which may be imposed under this paragraph for violation of the department's administrative rules. (b) Procedures for notice and hearing prior to the imposition of an administrative fine. V. The proceeds of administrative fines levied pursuant to paragraph IV shall be deposited by the commissioner into the forest management and protection fund established under RSA 227-G:5, I for violations of forest management and protection rules, or into the state park fund established under RSA 216-A:3-i for violations of parks and recreation rules. Source.Source. 1983, 422:13. 1985, 270:7; 389:7. 1991, 355:63. 1993, 358:23. 1995, 299:5; 308:1, 127, I, II. 2010, 230:2-5, eff. June 28, 2010. 2017, 156:14, I, eff. July 1, 2017. 2019, 21:1, eff. July 14, 2019.

RSA 12-A:2-d Reports and Publications.

12-A:2-d. Reports and Publications. The commissioner of natural and cultural resources is authorized to prepare, publish and distribute reports, charts, surveys or other documents consistent with the responsibilities of the department. The commissioner may charge reasonable fees for such documents. Fees for documents distributed by the department shall be adopted as rules under RSA 541-A. Source. 1985, 270:10, eff. June 10, 1985. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:2-i Multiple Use Management of White Mountain National Forest Land.

12-A:2-i. Multiple Use Management of White Mountain National Forest Land. The commissioner of the department of natural and cultural resources, or designee, shall have the authority and responsibility to consult and work with the United States Department of Agriculture Forest Service in order to promote and maintain continued multiple use management of White Mountain National Forest land. Source. 1999, 142:6, eff. June 25, 1999. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:2-k Duties of Commissioner.

12-A:2-k. Duties of Commissioner. In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of natural and cultural resources, the commissioner shall: I. Represent the public interest in the administration of the department and be responsible to the governor, the general court, and the public for such administration. II. Except as otherwise provided for in this chapter, have the authority to adopt rules, pursuant to RSA 541-A, necessary to assure the continuance or granting of federal funds or other assistance intended to promote library service, the arts, or historic preservation efforts not otherwise provided for by law. III. Have the authority to establish a unit within the office of the commissioner to provide for internal department administrative functions, including financial, personnel, and other management functions. IV. Have authority, with regard to the administration of RSA 19-A, and with the approval of a majority of the members of the New Hampshire state council on the arts as established by RSA 19-A:2, to: (a) Accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the educational objectives of the programs established pursuant to RSA 19-A. (b) Make and sign any agreements and to do and perform any acts that may be necessary, desirable, or proper to carry out the purposes of RSA 19-A. (c) Request and receive from any department, division, board, bureau, commission, or other agency of the state such assistance and data as will enable the commissioner to carry out properly the powers and duties under this chapter. (d) Receive funds provided by the National Endowment for the Arts under the National Foundation on the Arts and the Humanities Act of 1965, and under such additional federal legislation and state appropriations as may be enacted. (e) Allocate and disburse said funds by entering into contracts and agreements with any department, agency, or subdivision of federal, state, county, or municipal government or any individual, foundation, corporation, association, or public authority in order to carry out the purposes of RSA 19-A, subject to approval by the governor and council. Source. 2017, 156:19, eff. July 1, 2017.

RSA 12-A:3 Directors of Divisions.

12-A:3. Directors of Divisions. The commissioner shall nominate for appointment by the governor and council a director of forests and lands, a director of parks and recreation, a director of libraries, a director of arts, and a director of historical resources, each of whom shall serve, subject to the provisions of RSA 4:1, for a term of 4 years from the date of appointment and until a successor is appointed and qualified. Any vacancy in such office shall be filled for the unexpired term in the same manner as the original appointment. Directors of divisions shall be responsible for the administration and operation of their respective divisions subject to the supervisory authority of the commissioner as set forth in RSA 12-A:2. Source. 1945, 184:1. 1953, 265:11. RSA 218:1, 3. 1961, 223:3. 1975, 146:2. 1999, 317:3, eff. July 1, 1999. 2017, 156:20, eff. July 1, 2017. 2018, 200:3, eff. July 1, 2018.

RSA 12-A:4 Salaries.

12-A:4. Salaries. The annual salaries of the commissioner of natural and cultural resources, and of the directors of the divisions, shall be as provided in RSA 94 as hereinafter amended. Source. 1909, 128:1. 1925, 113:1. PL 19:33; 191:2. 1931, 91:2. 1935, 6:1. RL 27:40; 233:2. 1943, 39:3. 1950, 5, part 12:1, par. 1. 1951, 47:1. 1953, 265:1. RSA 12:1, 12; 162:1; 216:2; 218:2, 4. 1957, 241:1. 1959, 172:1. 1961, 223:3. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:9-a Director of Forests and Lands, State Forester; Initial Appointment and Tenure.

12-A:9-a. Director of Forests and Lands, State Forester; Initial Appointment and Tenure. I. There shall be a director of the division of forests and lands subject to the provisions of this chapter. The director's tenure and salary shall be as established in this chapter. II. In addition to the title of director, division of forests and lands, said director shall also be entitled the state forester. Source. 1975, 146:4, eff. July 25, 1975. 2017, 156:22, eff. July 1, 2017.

RSA 12-A:9-b Connecticut Lakes Headwaters Citizens Committee.

12-A:9-b. Connecticut Lakes Headwaters Citizens Committee. I. There is established the Connecticut Lakes headwaters citizens committee. Committee membership shall be as follows and shall include a minimum of 7 members who are residents of any community in the Great North Woods region association, as established by the state in February 1998: (a) Two residents of the town of Pittsburg, appointed by the selectmen. (b) One resident of the town of Clarksville, appointed by the selectmen. (c) One resident of the town of Stewartstown, appointed by the selectmen. (d) One person who shall have expertise in forestry and timber harvesting, appointed by the speaker of the house of representatives. (e) One person who shall have expertise in monitoring conservation easements, appointed by the speaker of the house of representatives. (f) One person who shall have expertise in outdoor recreation and tourism, appointed by the president of the senate. (g) One person who shall have expertise in forest ecology and management of natural areas, appointed by the president of the senate. (h) Two persons appointed by the governor with the consent of the council. (i) A Coos county commissioner, or designee. (j) The commissioner of the department of natural and cultural resources, or designee. (k) The executive director of the fish and game department, or designee. (l) A representative of the largest private landowner within the borders of the Connecticut Lakes headwaters tract, appointed by the landowner, who shall serve as an ex-officio, non-voting member. (m) The commissioner of the department of environmental services, or designee. (n) One leaseholder in any community in the Great North Woods region association, appointed by leaseholders. Leaseholders shall meet to choose the member, who shall be a resident of the state of New Hampshire. II. Each member shall serve a 3-year term. Vacancies shall be filled for the unexpired term of office in the same manner as the original appointment. Members may serve successive terms. III. The members shall elect a chairperson from among the public members. Preference shall be given to a resident of the Great North Woods region if a member from that area is willing to serve as chairman, otherwise another public member shall be elected. IV. The committee shall meet at least annually and at such other times as the chairperson deems necessary. At least once annually, the committee shall meet to review the management plan of the state-owned properties as prepared by the managing state agencies. The committee's meetings shall be open to the public, in accordance with RSA 91-A. Interested members of the public shall be allowed to speak before the committee or to submit statements. Records, reports, and working papers generated or used by the committee, or both, shall be made available to the public for inspection or copying. The committee shall not be responsible to the public for the costs of copying its documents. V. The duties of the committee shall include and be limited to: (a) Providing advice to the monitoring entity for monitoring compliance with the terms and conditions of the working forest conservation easement covering approximately 146,400 acres of the Connecticut Lakes headwaters tract. (b) Providing advice to the department of natural and cultural resources and the fish and game department on the management of public recreational use of the Connecticut Lakes headwaters tract, including the siting and approval of the first 10 new leases, the seasonal use of the road system, snowmobile trails and their use, and the terms for access and use of the tract by motorized vehicles. Such advice shall be offered in cooperation with the private landowner. (c) Providing advice on the management of state park and natural areas within the tract owned in fee by the state. (d) Providing advice to the department of natural and cultural resources and the fish and game department on any proposed revision to the stewardship or management plans required by the conservation easements on the 146,400 acres or the natural areas and, should amendments to these easements ever be contemplated, on the proposed amendments. (e) Exercising authority to decide if 15 leases in addition to those in subparagraph (b) should be allowed and where such leases should be located, if the private owner or any future private owner requests this action. (f) Exercising authority to decide if the private buyer, or any future private owner, should be allowed to exercise its rights under the conservation easement for commercial recreational activities for which the private owner may charge fees. (g) Exercising authority to decide if the state can build structures for visitor support facilities as described in the conservation easement for the 146,400 acres. (h) Providing advice to the department of environmental services on the management of Lake Francis and approximately 2,676 upland acres of state-owned land known as the Lake Francis impoundment property, including the lease program for the property established under RSA 481:3-a and administered by the department of environmental services. VI. The commissioner of the department of natural and cultural resources shall designate a state employee from the department as the administrative officer of the committee. The administrative officer shall attend each meeting of the committee and provide recordkeeping and related administrative and clerical assistance to the committee. VII. The terms and provisions of the conservation easements shall at all times provide the legal basis for the committee's advice and authority, and any legal opinion of the easement's terms shall be rendered by the attorney general. Source. 2002, 148:3. 2009, 112:2, 3. 2011, 5:1, eff. April 25, 2011. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:9-c Nash Stream Forest Citizens Committee.

12-A:9-c. Nash Stream Forest Citizens Committee. I. There is established the Nash Stream forest citizens committee. Committee membership shall be as follows and shall include a minimum of 7 members who are residents of any community in the Great North Woods region: (a) One resident of the town of Stark, appointed by the selectmen. (b) One resident of the town of Stratford, appointed by the selectmen. (c) One resident of the town of Columbia, appointed by the selectmen. (d) One person who shall have expertise in forestry and timber harvesting, appointed by the speaker of the house of representatives. (e) One person who shall have expertise in monitoring conservation easements, appointed by the speaker of the house of representatives. (f) One person who shall have expertise in outdoor recreation and tourism, appointed by the president of the senate. (g) One person who shall have expertise in forest ecology and management of natural areas, appointed by the president of the senate. (h) Two persons appointed by the governor with the consent of the council, one of whom shall be a representative of a New Hampshire snowmobile club, and one of whom shall be a representative of a New Hampshire environmental organization. (i) A Coos county commissioner, or designee. (j) The commissioner of the department of resources and economic development, or a citizen appointed by the commissioner as designee. (k) The executive director of the fish and game department, or a citizen appointed by the executive director as designee. (l) One person who is a member of the Nash Stream Campowners Association, appointed by the commissioner of the department of natural and cultural resources. II. Each member shall serve a 3-year term. Vacancies shall be filled for the unexpired term of office in the same manner as the original appointment. Members may serve successive terms. Persons serving on the Connecticut Lakes headwaters citizens committee shall not be eligible to serve as appointed members of the Nash Stream forest citizens committee. III. The members shall elect a chairperson from among the public members. Preference shall be given to a resident of the Great North Woods region if a member from that area is willing to serve as chairman, otherwise another public member shall be elected. IV. The committee shall meet at least annually and at such other times as the chairperson deems necessary. At least once annually, the committee shall meet to review the management plan of the state-owned properties as prepared by the managing state agencies. The committee's meetings shall be open to the public, in accordance with RSA 91-A. Interested members of the public shall be allowed to speak before the committee or to submit statements. Records, reports, and working papers generated or used by the committee, or both, shall be made available to the public for inspection or copying. The committee shall not be responsible to the public for the costs of copying its documents. V. The duties of the committee shall include and be limited to: (a) Providing advice to the monitoring entity for monitoring compliance with the terms and conditions of the working forest conservation easement covering approximately 39,601 acres of the Nash Stream forest tract. (b) Providing advice to the department of natural and cultural resources and the fish and game department on the management of public recreational use of the Nash Stream forest tract, including the seasonal use of the road system, snowmobile trails and their use, and the terms for access and use of the tract by motorized vehicles. (c) Providing advice on the management of natural areas within the tract. (d) Providing advice to the department of natural and cultural resources and the fish and game department on any proposed revision to the stewardship or management plans required by the conservation easements on the 39,601 acres or the natural areas and, should amendments to these easements ever be contemplated, on the proposed amendments. (e) Any and all duties of the "Citizen Advisory Committee" as outlined in the Nash Stream Management Plan of 1995 and revisions of 2002. VI. The commissioner of the department of natural and cultural resources shall designate a state employee from the department as the administrative officer of the committee. The administrative officer shall attend each meeting of the committee and provide recordkeeping and related administrative and clerical assistance to the committee. VII. The terms and provisions of the conservation easements shall at all times provide the legal basis for the committee's advice and authority, and any legal opinion of the easement's terms shall be rendered by the attorney general. Source. 2004, 45:1, eff. July 2, 2004. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:10 Director of Parks and Recreation.

12-A:10. Director of Parks and Recreation. There shall be a director of the division of parks and recreation subject to the provisions of this chapter. The director's tenure and salary shall be as herein established for the director of the division of parks and recreation. All of the powers, duties, and functions formerly performed by the director of recreation pursuant to any provision of the statutes shall henceforth be performed by the director of parks and recreation subject to the provisions of this chapter. Wherever reference is made to the director of recreation in any provision of the statutes it shall henceforth be construed to mean the director, division of parks and recreation, within the department of natural and cultural resources. Source. 1961, 223:3. 2017, 156:23, eff. July 1, 2017.

RSA 12-A:10-a Division of Parks and Recreation; Transfer of Functions, Powers, Duties.

12-A:10-a. Division of Parks and Recreation; Transfer of Functions, Powers, Duties. All of the functions, powers, duties, personnel, records, and property of the former division of parks are hereby transferred to the division of parks and recreation of the department of natural and cultural resources. Whenever reference is made to the division of parks in the statutes, it shall henceforth be construed to mean the division of parks and recreation. Source. 1975, 146:5, eff. July 25, 1975. 2017, 156:24, eff. July 1, 2017.

RSA 12-A:10-b Director of Parks and Recreation; Initial Appointment and Tenure.

12-A:10-b. Director of Parks and Recreation; Initial Appointment and Tenure. There shall be a director of the division of parks and recreation subject to the provisions of this chapter. The director's tenure and salary shall be as has been established in this chapter. All of the powers, duties, and functions formerly performed by the director of the division of parks pursuant to any provisions of the statutes shall henceforth be performed by the director of the division of parks and recreation subject to the provisions of this chapter. Wherever reference is made to the director of the division of parks, it shall henceforth be construed to mean the director, division of parks and recreation, department of natural and cultural resources. Source. 1975, 146:5, eff. July 25, 1975. 2017, 156:25, eff. July 1, 2017.

RSA 12-A:10-c Rewards.

12-A:10-c. Rewards. The director of the division of parks and recreation may offer rewards for information leading to the recovery of stolen division property, or for information leading to the arrest and conviction of any person committing an act of vandalism or theft upon division property. All rewards offered under this section shall be subject to approval of the governor and council. Source. 1992, 247:1, eff. July 12, 1992.

RSA 12-A:10-d Bureau of Historic Sites Established.

12-A:10-d. Bureau of Historic Sites Established. There is established a bureau of historic sites in the division of parks and recreation of the department of natural and cultural resources. The chief supervisor of the bureau shall report directly to the director of the division of parks and recreation. Source. 2007, 359:1, eff. Sept. 15, 2007. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:10-e Duties of the Bureau of Historic Sites.

12-A:10-e. Duties of the Bureau of Historic Sites. The bureau shall: I. Define missions and goals for the state's historic sites and ensure accountability in the ongoing stewardship responsibilities for such sites. II. Create a comprehensive and coordinated interpretive approach for the network of state historic sites. III. Develop operating and management plans and policies specific to the state's historic sites. IV. Enter into partnerships and provide effective management of partnerships with other agencies and "friends" groups connected to the state's historic sites. V. Address the deferred maintenance of existing sites and develop a long-term maintenance plan for all state-owned historic sites. VI. Develop sustainable funding mechanisms that include state funds, earned income, and foundation and private support. VII. Build an operations team with cultural resource expertise and administrative, interpretive, and preservation experience. VIII. Work collaboratively with the division of historical resources, in the management of the state historic sites and the development of interpretive and visitor programs for students and the general public that will build ongoing recognition and appreciation for the state's historic sites. Source. 2007, 359:1, eff. Sept. 15, 2007. 2017, 156:26, eff. July 1, 2017.

RSA 12-A:10-f State Historic Sites Fund Established.

12-A:10-f. State Historic Sites Fund Established. I. There is hereby established in the office of the state treasurer a fund to be known as the state historic sites fund which shall be kept separate and distinct from all other funds. Such fund shall be the depository of all fees, rentals, revenue from operations and retail sales, net profit from concession operations, donations, gifts, and grants received from the bureau of historic sites pursuant to RSA 12-A:10-e. All moneys in such fund shall be nonlapsing and continually appropriated to the bureau of historic sites for the purposes set forth in RSA 12-A:10-e, including the principal and interest on any bonds which may be issued in the name of the state for the purpose of capital improvements to the state historic sites properties under the administration of the department of natural and cultural resources. II. The bureau may institute a promotional program to solicit and receive any gifts, grants, or donations pursuant to its duties under RSA 12-A:10-e, and to deposit such gifts, grants, or donations in the state historic sites fund. III. Notwithstanding the provisions of RSA 21-I:17-a, I, the director of the division of parks and recreation may make purchases using field purchase orders for expenditures of up to $2,000 for the bureau of historic sites operations and facilities using field purchase orders. IV. The commissioner of the department of natural and cultural resources may transfer funds between and among the appropriations for the operation of the bureau of historic sites. The commissioner shall report annually 60 days after the close of each fiscal year to the fiscal committee of the general court and the governor and council all transfers accomplished under the provisions of this section. RSA 9:17-a and RSA 9:17-c shall not apply to this section. Source. 2009, 242:2. 2010, 374:5. 2012, 247:5, eff. Aug. 17, 2012. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:10-g Division of Libraries; Transfer of Functions, Powers, Duties.

12-A:10-g. Division of Libraries; Transfer of Functions, Powers, Duties. The division of libraries, with all of its functions, powers, duties, personnel, records, and property, is hereby transferred from the department of cultural resources to the department of natural and cultural resources. Whenever reference is made to the division of libraries in the statutes, it shall henceforth be construed to mean the division of libraries in the department of natural and cultural resources. Source. 2017, 156:27, eff. July 1, 2017.

RSA 12-A:10-h Division of Libraries; State Librarian.

12-A:10-h. Division of Libraries; State Librarian. The division of libraries, which shall also be known as the state library, shall be under the supervision of an unclassified director of libraries, who shall also be known as the state librarian, and who shall be responsible for the following functions in accordance with applicable law: I. Operating a state library in order to provide general and specific reference services, including, but not limited to, services designed to assist the general court and the judicial branch. II. Operating the New Hampshire automated information system as provided for by RSA 201-A:22, I. III. Promoting and coordinating a statewide library system. IV. Providing for library services for persons with disabilities. V. Otherwise administering the provisions of RSA title XVI. VI. Administering, with advice of the state library council, all federal funds collected under RSA 201-A:13. Source. 2017, 156:27, eff. July 1, 2017.

RSA 12-A:10-i Division of Arts; Transfer of Functions, Powers, Duties.

12-A:10-i. Division of Arts; Transfer of Functions, Powers, Duties. The division of arts, with all of its functions, powers, duties, personnel, records, and property, is hereby transferred from the department of cultural resources to the department of natural and cultural resources. Whenever reference is made to the division of arts in the statutes, it shall henceforth be construed to mean the division of arts in the department of natural and cultural resources. Source. 2017, 156:27, eff. July 1, 2017.

RSA 12-A:10-j Division of Arts; Duties of Director.

12-A:10-j. Division of Arts; Duties of Director. There is hereby established within the department the division of the arts, under the supervision of an unclassified director of arts. The director of arts shall have either a masters degree in art administration and 3 years of experience in nonprofit arts administration or at least 5 years' experience administering a major arts organization or at least 5 years' experience in public administration of a major program within a local, state, or federal arts agency. The director of arts shall be responsible for administering the provisions of RSA 19-A, with the primary goal of supporting and promoting the arts in all of their manifestations. Source. 2017, 156:27, eff. July 1, 2017.

RSA 12-A:10-k Division of Historical Resources; Transfer of Functions, Powers, Duties.

12-A:10-k. Division of Historical Resources; Transfer of Functions, Powers, Duties. The division of historical resources, with all of its functions, powers, duties, personnel, records, and property, is hereby transferred from the department of cultural resources to the department of natural and cultural resources. Whenever reference is made to the division of historical resources in the statutes, it shall henceforth be construed to mean the division of historical resources in the department of natural and cultural resources. Source. 2017, 156:27, eff. July 1, 2017.

RSA 12-A:10-l Division of Historical Resources; Director.

12-A:10-l. Division of Historical Resources; Director. There is hereby established within the department the division of historical resources, which shall also be known as the state historic preservation office, under the supervision of an unclassified director of historical resources. The director of historical resources shall be responsible for administering the state historic preservation program in accordance with RSA 227-C. Source. 2017, 156:27, eff. July 1, 2017.

RSA 12-A:14-a New Hampshire Commission on Native American Affairs Established.

12-A:14-a. New Hampshire Commission on Native American Affairs Established. I. In order to recognize the historic and cultural contributions of Native Americans to New Hampshire, to promote and strengthen their own heritage, and to further their needs through state policy and programs, there is hereby established the New Hampshire commission on Native American affairs. II. The commission shall consist of 15 members who derive from geographically diverse areas of the state and are representative of the diverse groups, organizations, and individuals knowledgeable about Native American history, culture, and affairs as follows: (a) The director or designee of the division of travel and tourism development, department of business and economic affairs. (b) The director or designee of the Native American Program at Dartmouth College. (c) An archaeologist appointed by the director of the division of historical resources. (d) The director or designee of the state council on the arts. (e) Eleven members from the public at large, who shall be representatives from the Native American community, appointed by the governor from recommendations prepared by the director of the division of historical resources. All interested individuals shall submit a letter to the director of the division of historical resources stating why they wish to be considered and their qualifications accompanied by 3 letters of recommendation. III. Each member of the commission shall serve a 3-year term, and no member shall serve more than 2 consecutive terms. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment was made but for the unexpired term only. Initial appointments by the governor shall be for staggered terms of one, 2, or 3 years. Members of the commission shall serve without compensation. IV. For voting purposes a quorum shall be 50 percent of the appointed members plus one additional member. V. At the first meeting, which shall be called by the first named member of the commission within 45 days after the completion of the naming of the commission members, members of the commission shall elect a chairman, secretary, and treasurer. Officers shall be elected for a one-year term but may be elected to serve an additional term. All officers of the commission shall be elected by a majority vote of the members. VI. The commission shall: (a) Review and study local, state, and federal issues common to Native Americans and persons of Native American descent who are residing in this state. (b) Develop recommendations to assist state agencies with the preservation and protection of Native American artifacts and burial grounds under the Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601. (c) Assist Native American groups, organizations, and individuals in New Hampshire with: (1) Securing social services, education, employment opportunities, health care, housing, cultural opportunities, and census information as available at both the state and federal levels, including assistance in determining eligibility for the Indian Child Welfare Act of 1978, 25 U.S.C. section 1902 et seq. (2) Establishing and/or continuing programs concerning Native American history, culture, and affairs, including those offered through the United States Department of Education Office on Indian Education pursuant to Title VII of the Elementary and Secondary Education Act established in 1972. (3) Promoting and strengthening the creation, display, and sale of Native American arts and crafts, and providing educational information to artisans and marketing outlets promoting the legal labeling of such products as Indian or Native American produced, as provided in 18 U.S.C. section 1159(c)(3)(B) and 25 U.S.C. section 305e(d), as well as determining eligibility for the Indian Arts and Crafts Act of 1990, P.L. 101-644, and receiving assistance and support from the Indian Arts and Crafts Board, as provided in 25 U.S.C. section 305 et seq. VII. The commission shall meet at least 4 times a year and at any other times at the request of the chairperson or by 7 members of the commission. Notice of all meetings and minutes of such meetings shall be posted on the New Hampshire department of natural and cultural resources website. VIII. The commission may accept any gifts, grants, or donations from any public or private source, provided that such gifts, grants, or donations shall be used exclusively to advance the commission's purpose and duties. Information concerning the receipt of any gifts, grants, or donations shall be posted on the department of cultural resources website. IX. Beginning November 1, 2011, and each year thereafter, the commission shall submit an annual report of its activities, findings, and recommendations to the governor, the speaker of the house of representatives, the senate president, the commissioner of the department of natural and cultural resources, and the state library. The annual report shall be approved by a majority vote of the commission and shall be posted on the department of natural and cultural resources website. X. The commission shall be administratively attached to the department of natural and cultural resources. XI. Nothing in the purposes and duties of the commission shall be interpreted to provide any Native American with any other special rights or privileges that the state does not confer on or grant to other state residents. The authority to grant state tribal status or recognition under section 104 of the Indian Arts and Crafts Act of 1990, 18 U.S.C. section 1159(c)(3)(B), is reserved solely to the New Hampshire general court. Source. 2017, 156:28, eff. July 1, 2017. 2024, 244:1, eff. Sept. 17, 2024.

RSA 12-A:15 Package Plan Programs.

12-A:15. Package Plan Programs. I. As used in this subdivision the following words and terms shall have the following meanings: (a) "Voluntary corporation," a corporation organized under RSA 292, dedicated by its articles of agreement and bylaws to serve and promote the recreational interests of the state of New Hampshire or a section thereof and which may number among its members certain corporations actively engaged in developing and promoting recreational facilities in the state of New Hampshire. (b) "Package plan program," a method of selling tickets by which the department of resources and economic development, in conjunction with a voluntary corporation, offers for sale to the general public interchangeable or reciprocal tickets for services and accommodations, or both, in connection with recreational facilities of both the state and the voluntary corporation or any of its members. The charges for services and accommodations when sold in this manner may be less than when sold individually. II. The department of resources and economic development may participate in package plan programs with voluntary corporations as defined in this section, and businesses within the tourism industry. Notwithstanding any other provision of law, this participation may include entering into such agreements with voluntary corporations and businesses within the tourism industry as are in the best interests of the state, which agreements may relate to the development, promotion, administration, and sales of package plan programs. Such agreements shall permit the department of resources and economic development to provide to the voluntary corporation and businesses within the tourism industry a mutually agreed upon number of tickets or vouchers for tickets at a mutually agreed upon discounted rate in order to participate in the package plan program for promotional purposes or in lieu of dues to the voluntary corporation. Any revenue derived by participation in package plan programs payable to the department of resources and economic development in accordance with such agreements shall be deposited with the state treasurer in the same manner as regular ticket sales. The commissioner of the department of resources and economic development shall make annual reports on revenue derived from participation in package plan programs to the senate president, the speaker of the house, and governor and council by January 31 following the close of each fiscal year. Source. 1967, 359:1. 1993, 358:13. 2012, 247:6, eff. Aug. 17, 2012. 2016, 207:5, eff. June 6, 2016.

RSA 12-A:17 Park Land in Town of Rye.

12-A:17. Park Land in Town of Rye. Notwithstanding any other provision of law to the contrary, the state shall not acquire, for the purpose of expanding or establishing any state park, any land in the town of Rye except land designated "tidal marsh" by the national cooperative soil survey unless a public hearing shall have been held in the town of Rye. Source. 1971, 500:1, eff. July 6, 1971.

RSA 12-A:18 Coordination of Program.

12-A:18. Coordination of Program. The personnel administering the outdoor recreation planning program, under the direction of the commissioner of the department of natural and cultural resources, shall coordinate the planning program with federal, interstate, state, regional, county and local government agencies, conservation commissions and private organizations and individuals, including formal agreements and contracts as necessary, and, when possible, utilize data from these agencies, commissions, organizations and individuals for the purpose of providing supportive information in application for federal funds. Source. 1976, 54:4, eff. July 1, 1976. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:19 Definitions.

12-A:19. Definitions. In this subdivision: I. "Therapeutic recreation" means those activities and resources which aid in promoting worthy use of leisure time, pursuit of happiness, and fullness of life. Therapeutic recreation includes the instruction necessary for the development of social and living skills, physical and mental health, and cultural development. II. "Populations with special needs" means individuals with physical, mental, emotional and/or sensory disabilities that impair or cause a loss of recreational opportunities. Source. 1979, 253:2, eff. July 1, 1979.

RSA 12-A:21 Duties.

12-A:21. Duties. The commissioner of natural and cultural resources is hereby authorized to establish a therapeutic recreation services program to serve the following purposes: I. To investigate and identify the therapeutic recreational needs of populations with special needs throughout the state; II. To collect, prepare and distribute therapeutic recreation resource material to populations with special needs; III. To furnish advice and consultation to all citizens and groups, etc. on specific problems or activities concerning therapeutic recreation for populations with special needs; IV. To advertise and promote therapeutic recreational opportunities for populations with special needs throughout the state and to support all local communities which provide recreation for citizens of populations with special needs; V. To provide professional guidance to local communities and groups with special needs, in establishing, promoting, conducting and financing therapeutic recreation programs and facilities for populations with special needs; VI. To provide information to all citizens and groups advocating the concept that individuals with special needs can live a meaningful life and utilize their skills and talents for the benefit of the community and themselves; VII. To recruit and train local leaders in communities throughout the state in procedures necessary for therapeutic recreation programs; VIII. To enhance and enrich the lives of individuals with special needs through organized recreation activities and promoting therapeutic recreation programs and opportunities for populations with special needs; IX. To work with other state, federal, and local agencies and all private and public organizations and other recreation interests in the promotion and development and financing of therapeutic recreation programs and opportunities for populations with special needs; and X. To coordinate efforts between county agencies, and local recreational departments within the same county to avoid duplication of services and to reinforce all therapeutic recreation efforts. Source. 1979, 253:2. 1983, 422:10, eff. June 24, 1983. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:24 State Ski Operations.

12-A:24. State Ski Operations. The director of parks and recreation shall be responsible for the management and operation of the state ski area at Cannon Mountain, as provided in RSA 216-A:2. Source. 1989, 231:2. 1996, 210:2. 1998, 134:3, eff. June 10, 1998.

RSA 12-A:25 Mountain Manager.

12-A:25. Mountain Manager. The commissioner of natural and cultural resources shall appoint a mountain manager for Cannon Mountain, who shall serve at the pleasure of the commissioner. This position shall be an unclassified position. Source. 1989, 231:2. 1998, 134:3, eff. June 10, 1998. 2016, 207:1, eff. June 6, 2016. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:27 Field Purchase Limits.

12-A:27. Field Purchase Limits. Notwithstanding the provisions of RSA 21-I:17-a, I, the director of parks and recreation may make purchases by the use of field purchase orders for expenditures of up to $2,000 for the Cannon Mountain ski operations and facilities. Source. 1989, 231:2. 1996, 210:3. 1998, 134:5, eff. June 10, 1998.

RSA 12-A:28 Transfers Authorized; Ski Areas.

12-A:28. Transfers Authorized; Ski Areas. The commissioner of the department of natural and cultural resources may transfer funds for any specific purposes to funds for other purposes within and among the appropriations for the operation of Cannon Mountain. The commissioner shall report annually 60 days after the close of each fiscal year to the fiscal committee of the general court and the governor and council all transfers accomplished under the provisions of this section. The provisions of this section shall not be subject to RSA 9:17-a and RSA 9:17-c. Source. 1991, 40:1. 1995, 308:50. 1998, 134:5. 2012, 247:7, eff. Aug. 17, 2012. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:29 Rate Differentials.

12-A:29. Rate Differentials. The director, with the approval of the commissioner, may provide for differentials in rates, fees, and charges at state ski operations when the quality of a facility is poor due to such natural causes as inadequate snow, ice conditions, cold, rain, or other environmental or equipment problems or for the purpose of cooperative marketing or market experimentation. Source. 1991, 40:1, eff. April 26, 1991.

RSA 12-A:29-a Lease Agreement; Terms.

12-A:29-a. Lease Agreement; Terms. The department of natural and cultural resources shall develop a lease agreement which shall include the following terms in the event that the state enters into an agreement to lease Cannon Mountain or Mount Sunapee ski area, or both: I. The terms of the lease, including length, fee structure, methods used to determine the fee structure and to measure the amount of fees to be paid, and default conditions. II. The assets that would be included in the lease, i.e. what is included in the lease and what is not, how these assets would be transferred or sold to the lessee, determination of the value of the assets, and requirements to regularly value the assets. III. Investment requirements upon the lessee. The lease shall include provisions to ensure that the lessee shall prepare a master plan that fulfills an obligation to maintain and upgrade the assets on state land. IV. Environmental regulations and controls including: (a) Prototype regulations to preserve and protect state land which shall include but not be limited to: (1) Soils; (2) Water quality; (3) Wetlands; (4) Wildlife habitat; (5) Scenic and aesthetic qualities; and (6) Multi-seasonal recreational opportunities. (b) Procedures to follow when the lessee requests a permit to replace major equipment (such as a lift) or expand the ski area, cut new trails, increase snowmaking, or alter master planning requirements. V. (a) The role of the state in the on-going lease of the ski areas, including the state's regulatory authority and power. (b) The establishment of a prototype commission to oversee and administer the lease. (c) The operational responsibilities remaining with the state and how these responsibilities would interact with the lessee's responsibilities. VI. The disposition of employees employed by the ski areas including: (a) Transfers within the department or the state. (b) Offering employees the option of being bought out. Source. 1996, 258:1, eff. June 10, 1996. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:29-b Cannon Mountain Advisory Commission.

12-A:29-b. Cannon Mountain Advisory Commission. I. There is established an advisory commission which shall recommend capital improvements to the ski area and related state park facilities at Cannon Mountain. II. The members of the commission shall be as follows: (a) Three members appointed by the governor and council, each of whom shall have demonstrated a knowledge and capability in the field of ski area operations. (b) Three members appointed by the president of the senate; one may be a member of the private sector and at least 2 shall be senators, one of whom shall be the senator representing the district in which Cannon Mountain is located. (c) Three members appointed by the speaker of the house of representatives; one shall be a representative from a district within the White Mountain region, one shall be a member of the house resources, recreation and development committee, and one may be a member of the private sector. (d) The state treasurer, who shall serve as an ex officio member. III. The commission shall elect a chairperson from its membership, and any other officers it deems necessary. The terms of the elected members of the commission shall be coterminous with their terms in office; the terms of all other appointed members shall be 3 years. In the event of a vacancy, a new member shall be appointed for the unexpired term in the same manner as the original appointment. IV. Members of the commission shall serve without compensation. Members shall receive mileage at the legislative rate when attending to the duties of the commission. V. The commission shall make recommendations for capital improvements for the ski area and related state park facilities at Cannon Mountain to the commissioner of natural and cultural resources. The commission shall review the servicing of debt obligations relating to the Cannon Mountain capital improvement fund prior to making any such recommendations. Recommendations approved by the commissioner shall be submitted by the commissioner to the capital project overview committee. Recommendations approved by the capital project overview committee shall be submitted to the governor and council for final approval. Notwithstanding any other provision of law, recommendations may be implemented upon final approval, pursuant to solicited requests for proposals. Funding for capital improvements shall be from the Cannon Mountain capital improvement fund established by RSA 12-A:29-c. Source. 1998, 134:11, eff. June 10, 1998. 2017, 156:14, I, eff. July 1, 2017. 2023, 192:4, eff. Aug. 4, 2023.

RSA 12-A:29-c Cannon Mountain Capital Improvement Fund.

12-A:29-c. Cannon Mountain Capital Improvement Fund. I. There is established a nonlapsing revolving fund to be known as the Cannon Mountain capital improvement fund in the department of natural and cultural resources. The revolving fund shall be used for capital improvements for the ski area and related state park facilities at Cannon Mountain. II. All income from the lease of the state ski area at Mount Sunapee shall be deposited into the fund and may not be diverted for any other purpose. III. The commissioner of natural and cultural resources shall submit a report detailing the activities of the revolving fund annually to the governor and council and the fiscal committee by January 31 following the close of each fiscal year. Source. 1998, 134:11, eff. June 10, 1998. 2016, 207:3, eff. June 6, 2016. 2017, 156:14, I, eff. July 1, 2017.

RSA 12-A:68 Coastal Resilience and Cultural and Historic Reserve Districts.

12-A:68. Coastal Resilience and Cultural and Historic Reserve Districts. Municipalities, regional planning commissions, the coastal resilience and cultural and historic reserve district commission, and state agencies may establish coastal resilience and cultural and historic reserve districts, which shall comprise lands suitable and eligible as a reserve of sufficient elevation and distance from tidal and riverine waters for historic properties and other historic and cultural resources, including historic burial grounds. The acquisition of land and the acquisition, removal, restoration, and placement of such resources by municipalities, the coastal resilience and cultural and historic reserve district commission, and state agencies may be funded by municipal funding, including bonding, private and non-profit donations, funding from the land and community heritage investment trust program established RSA 227-M:7, the conservation number plate fund established in RSA 261:97-b, and funding from the state and federal government. Such districts may be established as municipal or regional development districts under RSA 162-K. An existing local historic district, as defined in RSA 674:45-50, may, upon recommendation by a municipal governing body, be designated by the coastal resilience and cultural and historic reserve district commission as a coastal resilience and cultural and historic reserve district. Source. 2019, 318:4, eff. Oct. 2, 2019.

RSA 12-A:69 Coastal Resilience and Cultural and Historic Reserve District Fund.

12-A:69. Coastal Resilience and Cultural and Historic Reserve District Fund. There is established a nonlapsing fund to be known as the coastal resilience and cultural and historic reserve district fund in the department of natural and cultural resources. The fund shall be used for assessing historic resource vulnerability, for implementing adaptation measures that protect endangered cultural and historic resources, for the acquisition of land and the acquisition, removal, restoration, and placement of historic properties and other historic and cultural resources including historic burial grounds in danger of flooding from tidal and riverine waters when other adaptation measures are insufficient. The fund shall be managed by the coastal resilience and cultural and historic reserve district commission established in RSA 12-A:70. Source. 2019, 318:4, eff. Oct. 2, 2019.

RSA 12-A:70 Commission Established.

12-A:70. Commission Established. I. The coastal resilience and cultural and historic reserve district commission is established. The members of the commission shall be as follows: (a) One representative of the Rockingham planning commission, selected by its director. (b) One representative of the Strafford regional planning commission, selected by its director. (c) One representative of each town or city that borders the tidal waters of the Great Bay Estuary or Atlantic Ocean, appointed by that town or city's governing body. (d) Two members of the senate, appointed by the president of the senate. (e) Three members of the house of representatives, appointed by the speaker of the house of representatives. (f) One representative of the New Hampshire Municipal Association, appointed by its executive director. (g) A representative of the division of historic resources, appointed by its director. (h) Three representatives of non-profits museums, historic properties, and historic associations in the seacoast and Great Bay Estuary regions, appointed by the governor. (i) A representative of Historic New England, appointed by its president. (j) A representative of the New Hampshire Old Graveyard Association, appointed by its president. (k) A representative of the Southeastern Land Trust, appointed by its president. (l) One representative of each local historic district in each municipality that borders the Great Bay or Atlantic Ocean, appointed by that district. II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. III. The commission shall: (a) Identify suitable and eligible lands for coastal resilience and cultural and historic reserve districts. (b) Adopt rules, procedures, and agreements, in consultation with municipalities, regional planning commissions, and state agencies for the creation and management of the districts. (c) Solicit funding for and manage the coastal resilience and cultural and historic reserve district commission fund. (d) Develop policies on assessing the vulnerability of cultural and historic resources, the implementation of adaptation measures to improve resilience, and governing the acquisition and removal of properties to the district and the ongoing stewardship of such properties. (e) Develop cooperative agreements with municipalities, local historic districts, regional planning commissions, and others, in the establishment of any related municipal or regional development district incorporating the coastal resilience and cultural and historic reserve district commission. (f) Recommend any changes to state statutes, rules, and practices and, in consultation with municipalities, changes to local ordinances necessary for coastal resilience and cultural and historic reserve districts established. IV. The terms of the elected members of the commission shall be coterminous with their terms in office; the terms of all other appointed members shall be 3 years. In the event of a vacancy, a new member shall be appointed for the unexpired term in the same manner as the original appointment. V. The first meeting of the commission shall be called by the first-named senate member and shall be held within 90 days of the effective date of this section. The members of the commission shall elect a chairperson from among the members at the first meeting. Fifteen members of the commission shall constitute a quorum. Source. 2019, 318:4, eff. Oct. 2, 2019.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-I-12-A.htmFetched: 10/20/2026