CHAPTER Cul-H 100 ORGANIZATIONAL RULES
PART Cul-H 101 PURPOSE AND SCOPE
Statutory Authority: RSA
227-C:5; 16 U.S.C. 470
Cul-H 101.01 Purpose.
The New Hampshire General Court has determined that the historical,
archaeological, architectural, engineering, and cultural heritage of
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Cul-H 101.02 Scope. These rules establish a uniform system for
compliance with RSA 227-C:5, and describe the
responsibilities of the state under the National Historic Preservation Act, 16
U.S.C. 470.
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PART Cul-H 102 DEFINITIONS
Statutory Authority: RSA
227-C:5
Cul-H 102.01 “Agency”
means “agency” as defined by RSA 541-A:1, II, namely “each state board,
commission, department, institution, officer, or any other state official or
group, other than the legislature or the courts, authorized by law to make
rules or determine contested cases.”
Here, “agency” refers to the division of historical resources.
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Cul-H 102.02 “Appearance”
means a written notification to the agency that a party or a party’s
representative intends to actively participate in a hearing.
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Cul-H 102.03 “Archaeology”
means the systematic study of materials that have been made or altered by
humans. The purpose is to gain an
understanding of the entire time frame, events, and process of the human past. It involves the use of methods, techniques,
and theory for locating, identifying, recovering, analyzing, and interpreting
such materials and their temporal, spatial, and contextual relationships.
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Cul-H 102.04 “Archaeological
site” means any location, terrestrial or underwater, where materials made or
modified by humans are found such as, but not limited to, aboriginal mounds,
forts, earthwork, cellar holes, cemeteries, dams, foundations, villages, camps,
quarries, workshops, shipwrecks, mills, factories, and other buildings.
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Cul-H 102.05 “Archaeological inventory form” means the
archaeological site survey form used by the division of historical resources.
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Cul-H 102.06 “Commissioner” means “commissioner” as defined
in RSA 227-C:1, I, that is the commissioner of the department of cultural
resources or his or her designee.
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Cul-H 102.07 “Council” means council as defined in RSA
227-C:1, II, namely “the state historical resources council.”
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Cul-H 102.08 “Data
recovery” means the systematic removal of the materials and data that give an
archaeological site its research value, and the extensive and intensive
excavation of an archaeological site for the purpose of gaining a scientific
understanding of past cultures and societies.
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Cul-H 102.09 “Department” means “department” as defined in
RSA 227-C:1, III, namely “the department of cultural resources.”
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Cul-H 102.10 “Destructive
field investigation” means a field investigation that alters the physical
structure, associations, setting, context, or aspect of a site. There are four
levels of destructive field investigations, which range from the least to the
most destructive: reconnaissance Phase IA survey with or without sampling,
Phase IB intensive archaeological survey, Phase II site evaluation or site
examination, and Phase III data recovery.
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Cul-H 102.11 “Division”
means the
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Cul-H 102.12 “Field
investigation” means “field investigation” as defined in RSA 227-C:1, IV,
namely “the search for, identification of, and evaluation of historic
resources, and the study of traces of human culture at any land or underwater
historic property, by means of inspection, surveying, digging, excavating, or
removing surface or subsurface objects, or going into a site with that intent.”
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Cul-H 102.13 “Hearing”
means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely “the
procedure to be followed in contested cases, as set forth in RSA 541-A:31
through RSA 541-A:36.”
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Cul-H 102.14 "Historic preservation" means
“historic preservation” pursuant to RSA 227-C:1, V, that is the research,
excavation, protection, designation, recognition, restoration and
rehabilitation of buildings, structures, objects, districts, areas and sites
significant in the history, architecture, archaeology, or culture of this
state, its communities, or the nation.
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Cul-H 102.15 "Historic property" means “historic
property” as defined in RSA 227-C:1, VI, namely “any building, structure,
object, district, area or site that is significant in the history,
architecture, archeology or culture of this state, its communities, or the
nation.” Historic property includes, but
is not necessarily limited to, properties that are listed, or determined to be
eligible for listing, in the National Register of Historic Places and/or state
Register of Historic Places; properties identified as historic properties by
the state of New Hampshire pursuant to RSA 227-C; properties designated as
historically significant by a local governing body, local legislative body,
local land use board, or other legally established municipal board or commission
such as a heritage commission; or unevaluated properties that meet the criteria
for listing in the National Register of Historic Places or for designation as
an historic property by the state of New Hampshire or by a local governing
body, local legislative body, local land use board, or other legally
established municipal board or commission such as a heritage commission.
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Cul-H 102.16 “Historic resource” means, pursuant to RSA
227-C:I, VII:
(a) Any historic
property which has been listed in the National Register of Historic Places or
has been determined by the keeper of the register to be eligible for the
National Register under the criteria for evaluation in 36 CFR 60.6;
(b) Any property
that has been listed or that has been determined eligible for listing in the
(c) Any object, or
group of objects, located in or associated with an historic property or that
enhances an understanding and appreciation of
(d) Skeletal remains
of humans that would not be subject to the provisions of RSA 661-A and that
fall under the provisions of RSA 227-C:8, VI; skeletal remains of other
vertebrate animals; and other fossils within a cultural context that
constitutes, or might constitute, the whole or part of an historic property;
(e) Any object, or
group of objects, and the district, area, or site they define, which may yield
significant data but whose value and significance has
yet to be determined by the division of historical resources; or
(f) Any significant
data that might be used to answer research questions about an
historic property, and events and processes of the human past, provided
by the fields of archaeology, history, architecture, art history and such
supplemental sciences as ethnography, paleoecology, and related sciences.
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Cul-H 102.17 “Human
remains” or “remains” means “human remains” or “remains” as defined in RSA
227-C:1,VII-a, namely “any part of the body of deceased human being in any
stage of decomposition, together with any artifacts or other materials known or
reliably assumed to have been on or interred with the deceased human being.”
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Cul-H 102.18 “Intensive
archaeological survey” means a systematic and detailed field investigation and
research for the purpose of locating and identifying all resources that exist in a given area.
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Cul-H 102.19 “Inventory”
means the archaeological and town research files that are kept by or are under
the supervision of the state archaeologist and the state survey coordinator.
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Cul-H 102.20 “Inventory
form” means a form used to record and understand the appearance, history, and
significance of a building, structure, site, district, area, landscape, or
object prior to listing on the state or National Registers of Historic Places,
for a historic resources survey or planning project, or for review and
compliance purposes. “Inventory form”
includes an area form, individual inventory form, and an archaeological
inventory form.
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Cul-H 102.21 “Motion”
means a request to the presiding officer for an order or ruling directing some
act to be done in favor of the party making the motion, including a statement
of justification or reasons for the request.
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Cul-H 102.22 “National
Register” means the National Register of Historic Places, which is maintained
by the Secretary of the United States Department of the Interior under the
provisions of the National Historic Preservation Act of 1966, as amended.
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Cul-H 102.23 “Native
American” means for purposes of the division’s rules:
(a) All federally
recognized Indian tribes and other nonfederally
recognized Indian groups; and
(b) Any individual
members of the groups above.
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Cul-H 102.24 “Natural
person” means a human being.
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Cul-H 102.25 “Non-destructive
field investigation” means a field investigation that uses methods and
techniques for study that do not alter the physical structure, associations,
setting, context, or aspects of a site.
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Cul-H 102.26 “Northeast”
means the area of continental North America east of the
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Cul-H 102.27 “Party”
means “party” as defined by RSA 541-A:1, XII, namely “each person or agency
named or admitted as a party, or properly seeking and entitled as a right to be
admitted as a party.” The term “party”
includes all intervenors in a proceeding, subject to any limitations
established pursuant to RSA 541-A:33, III.
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Cul-H 102.28 “Permitee” for field investigations means the same as
principal investigator.
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Cul-H 102.29 “Permit
application for field investigations” means the form used by the State
Archaeologist to be used in order to request a permit
as provided by these rules.
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Cul-H 102.30 “Person” means “person” as defined by RSA
541-A:1, XIII, namely “any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character
other than an agency.”
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Cul-H 102.31 “Presiding
officer” means that individual to whom the commissioner has delegated the
authority to preside over a proceeding, if any; otherwise it shall mean the commissioner.
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Cul-H 102.32 “Principal investigator” means the person to
whom a permit is granted, whether that person is acting as an individual or
representing an institution or other entity, and is the person directly
responsible for the field investigation and who is held accountable for the
activities of the project, the quality of the reports, and the accurate,
adequate, and timely completion of the reports.
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Cul-H 102.33 “Proof
by a preponderance of the evidence” means a demonstration by admissible
evidence that a fact or legal conclusion is more probable than not to be true.
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Cul-H 102.34 “Reconnaissance survey with sampling” means
the evaluation of a given area to locate archaeological sites and/or to provide
a measure from which to predict the kinds, distribution, and density of sites,
using any or all of the methods and techniques of survey without sampling plus
the collection of surface and subsurface materials by means of controlled
sampling and test excavation.
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Cul-H 102.35 “Reconnaissance
survey without sampling” means the evaluation of a given area to locate
archaeological sites or to provide a measure from which to predict the kinds,
distribution and density of sites, using only non-destructive methods and
techniques such as walk-over inspection, the search for sites in the course of
recreational diving, mapping, and remote sensing, and excluding the collection
of surface and subsurface materials except for the recovery of a single item.
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Cul-H 102.36 “Research
design” means a plan outlining the proposed field investigation, specifying
research questions, geographical limits of the investigation, research methods
and techniques, work performance schedule, personnel, and expected results of
the study.
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Cul-H 102.37 “Research
team” means the personnel who are scheduled in the permit application to
participate in the field investigation.
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Cul-H 102.38 “State
Historic Preservation Officer (SHPO)” means the director of the division, as
appointed by the governor.
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Cul-H 102.39 “Site
evaluation” means a field investigation at an archaeological site with
sufficient testing, including subsurface excavations if appropriate, to give a
preliminary definition of the size, data contents, and spatial arrangement of
materials for the purpose of assessing a site’s integrity, research potential,
significance, and potential eligibility for inclusion in the National Register.
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Cul-H 102.40 “Skeletal analyst” means “skeletal analyst” pursuant
to RSA 227-C:1, VIII-a, that is, the member of the professional staff or
another professional person designated by the director of the division of
historical resources with the approval of the commissioner to analyze suspected
human skeletal remains.
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Cul-H 102.41 “Special permit” means a permit for field
investigations issued to excavate human skeletal remains.
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Cul-H 102.42 “State
archaeologist” means the archaeologist in the division designated by the
director with the approval of the commissioner to develop, supervise and
coordinate activities necessary to discharge and integrate the powers and
duties of the division in the field of archeology as mandated by federal and
state laws and procedures.
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Cul-H 102.43 “State
architectural historian” means the architectural historian in the division
designated as the state’s leading authority on
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Cul-H 102.44 “State
curator” means “state curator as defined in RSA 227-C:1, IX-a, namely “the
member of the professional staff, designated by the director of the division of
historical resources with the approval of the commissioner, charged with the
identification, evaluation, protection, and interpretation of state owned objects of historic significance.”
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Cul-H 102.45 “State
Historical Resources Council” means a council created pursuant to RSA 227-C:13
with the power and duty to approve nominations to the National Register, review
and recommend the approval of the state survey, review and approve the contents
of the state historic preservation plan, review and recommend application by
the division for federal and other funding, review and recommend the removal of
properties from the National Register, act in an advisory capacity to the
division, and administer all federal funds received for historic preservation.
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Cul-H 102.46 “State
survey coordinator” means the architectural historian who directs and
administers the division’s program to identify and document historical
properties throughout the state. The
state survey coordinator also creates and maintains the statewide paper and
digital systems for recording historical properties and assists individuals,
communities, organizations, and agencies completing historical surveys.
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Cul-H 102.47 “Unmarked human burial” means “unmarked human
burial” as defined in RSA 227-C1, X, namely “any interment of human remains for
which there exists no grave marker or any other historical documentation
providing information as to the identity of the deceased.”
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Statutory Authority: RSA
227-C:5; 16 USC 470
Cul-H 103.01 Cooperation
with Agencies. Pursuant to RSA
227-C:9 and in order to ensure the protection and preservation of historical,
archaeological, architectural and cultural resources, the division can enter into agreements or memoranda
of understanding with other state agencies, departments, commissions and
institutions insofar as their activities might affect historical or
archaeological resources under terms that meet the requirements of RSA 227-C
and the National Historic Preservation Act of 1966, as amended.
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Cul-H 103.02 Administration
of Federal Programs.
(a) The division is
hereby designated to administer the federal National Historic Preservation Act
of 1966,16 USC 470, and any amendments thereto, and it is authorized and
empowered to prepare, maintain, and keep up to date a statewide comprehensive
historic preservation plan.
(b) The governor of
(c) Pursuant to the
National Historic Preservation Act of 1966, as amended, established the
principal responsibilities of the SHPO, which are:
(1) In cooperation with federal and state
agencies, local governments, and private organizations and individuals, direct and
conduct a comprehensive statewide survey of historic properties and maintain
inventories of such properties;
(2) Identify and nominate eligible properties to the
National Register and otherwise administer applications for listing historic
properties on the National Register;
(3) Prepare and implement a comprehensive statewide
historic preservation plan;
(4) Administer the state program of
federal assistance for historic preservation within the state;
(5) Advise and assist, as appropriate, federal
and state agencies and local governments in carrying out their
historic preservation responsibilities;
(6) Cooperate with the secretary of the interior,
the advisory council on historic preservation, and other federal and state
agencies, local governments, and organizations and individuals to ensure
that historic properties are taken into consideration at all levels of planning
and development;
(7) Provide public information, education and
training, and technical assistance relating to the federal and state historic
preservation programs;
(8) Cooperate with local governments in the
development of local historic preservation programs and assist local
governments in becoming certified under 16 USC 470;
(9) Consult with the appropriate federal agencies
in accordance with the National Historic Preservation Act on federal
undertakings that might affect historic properties and the content and
sufficiency of any plans developed to protect, manage, or to reduce or mitigate
harm to such properties; and
(10) Advise and assist in the evaluation of proposals for
rehabilitation projects that might qualify for federal assistance.
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Cul-H 103.03 Duties
of the State Architectural Historian. The state architectural historian is charged
with providing curatorial care, including research and technical assistance,
for all state owned buildings and structures of
architectural or historical significance. The state architectural historian also
provides public education in historic preservation and architectural history
for the division.
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PART
Cul-H 104 CREATION AND ORGANIZATION OF
ADVISORY COUNCILS
Statutory Authority: RSA
227-C:5, XXI
(a) Cul-H 104.01 Advisory Councils. The SHPO can create and organize advisory
councils pursuant to RSA 227-C:5, XXI, RSA 227-C:3, IV, and the National
Historic Preservation Act of 1966, 16 USC 470i, as amended.
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Appendix
|
Rule |
|
|
Cul-H 101 |
RSA 227-C:5; 16 USC 470 |
|
Cul-H 102 |
RSA 227-C:5 |
|
Cul-H 103 |
RSA 227-C:9; 227-C:5; 16
USC 470 |
|
Cul-H 104 |
RSA 227-C:5, XXI; 227-C:3,
IV |