Law

RSA 12-A Department of Natural and Cultural Resources

New Hampshire · 12-A · statute

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Contents: 120 provisions
  1. 12-A:1 Establishment.
  2. 12-A:1-a Declaration of Purpose.
  3. 12-A:1-b General Provisions.
  4. 12-A:1-c Powers and Duties of Department of Natural and Cultural Resources.
  5. 12-A:1-d Police Powers.
  6. 12-A:1-e Repealed by 2017, 156:37, II, eff. July 1, 2017.
  7. 12-A:2 Commissioner of Natural and Cultural Resources.
  8. 12-A:2-a Repealed by 1983, 422:3, I, eff. June 24, 1983.
  9. 12-A:2-b Repealed by 1978, 22:1, eff. June 22, 1978.
  10. 12-A:2-c Rulemaking; Administrative Fines.
  11. 12-A:2-d Reports and Publications.
  12. 12-A:2-e Repealed by 2017, 156:37, III, eff. July 1, 2017.
  13. 12-A:2-f Repealed by 2017, 156:37, IV, eff. July 1, 2017.
  14. 12-A:2-g Repealed by 2017, 156:37, V, eff. July 1, 2017.
  15. 12-A:2-h Repealed by 2017, 156:37, VI, eff. July 1, 2017.
  16. 12-A:2-i Multiple Use Management of White Mountain National Forest Land.
  17. 12-A:2-j Repealed by 2017, 156:37, VII, eff. July 1, 2017.
  18. 12-A:2-k Duties of Commissioner.
  19. 12-A:3 Directors of Divisions.
  20. 12-A:4 Salaries.
  21. 12-A:4-a, 12-A:4-b Repealed by 1995, 308:127, III, eff. July 1, 1995.
  22. 12-A:4-c Repealed by 2001, 158:109, I, eff. Dec. 28, 2001.
  23. 12-A:4-d Repealed by 1995, 308:127, IV, eff. July 1, 1995.
  24. 12-A:5 Repealed by 2020, 37:4, II, eff. July 29, 2020.
  25. 12-A:5-a Repealed by 1971, 33:3, eff. May 31, 1971.
  26. 12-A:6 Repealed by 2020, 37:4, II, eff. July 29, 2020.
  27. 12-A:7 Repealed by 2017, 156:37, VIII, eff. July 1, 2017.
  28. 12-A:7-a Repealed by 2004, 2:7, eff. Mar. 5, 2004.
  29. 12-A:8 Repealed by 2017, 156:37, IX, eff. July 1, 2017.
  30. 12-A:8-a Repealed by 2017, 156:37, X, eff. July 1, 2017.
  31. 12-A:9 Repealed by 1988, 143:2, eff. June 20, 1988.
  32. 12-A:9-a Director of Forests and Lands, State Forester; Initial Appointment and Tenure.
  33. 12-A:9-b Connecticut Lakes Headwaters Citizens Committee.
  34. 12-A:9-c Nash Stream Forest Citizens Committee.
  35. 12-A:10 Director of Parks and Recreation.
  36. 12-A:10-a Division of Parks and Recreation; Transfer of Functions, Powers, Duties.
  37. 12-A:10-b Director of Parks and Recreation; Initial Appointment and Tenure.
  38. 12-A:10-c Rewards.
  39. 12-A:10-d Bureau of Historic Sites Established.
  40. 12-A:10-e Duties of the Bureau of Historic Sites.
  41. 12-A:10-f State Historic Sites Fund Established.
  42. 12-A:10-g Division of Libraries; Transfer of Functions, Powers, Duties.
  43. 12-A:10-h Division of Libraries; State Librarian.
  44. 12-A:10-i Division of Arts; Transfer of Functions, Powers, Duties.
  45. 12-A:10-j Division of Arts; Duties of Director.
  46. 12-A:10-k Division of Historical Resources; Transfer of Functions, Powers, Duties.
  47. 12-A:10-l Division of Historical Resources; Director.
  48. 12-A:10-m Repealed by 2018, 200:9, II, eff. July 1, 2018.
  49. 12-A:11 Repealed by 1986, 202:29, I, eff. Jan. 2, 1987.
  50. 12-A:12 Repealed by 1963, 181:3, eff. Aug. 23, 1963.
  51. 12-A:13 Repealed by 2017, 156:37, XI, eff. July 1, 2017.
  52. 12-A:14 Repealed by 1967, 392:3, eff. July 1, 1967.
  53. 12-A:14-a New Hampshire Commission on Native American Affairs Established.
  54. 12-A:15 Package Plan Programs.
  55. 12-A:15-a Repealed by 2017, 156:37, XII, eff. July 1, 2017.
  56. 12-A:16 Repealed by 1995, 308:127, V, eff. July 1, 1995.
  57. 12-A:17 Park Land in Town of Rye.
  58. 12-A:18 Coordination of Program.
  59. 12-A:19 Definitions.
  60. 12-A:20 Repealed by 1995, 308:127, VI, eff. July 1, 1995.
  61. 12-A:21 Duties.
  62. 12-A:22 Repealed by 2017, 156:37, XIII, eff. July 1, 2017.
  63. 12-A:22-a Repealed by 2017, 156:37, XIV, eff. July 1, 2017.
  64. 12-A:23 Repealed by 2017, 156:37, XV, eff. July 1, 2017.
  65. 12-A:24 State Ski Operations.
  66. 12-A:25 Mountain Manager.
  67. 12-A:26 Repealed by 1996, 210:11, eff. June 10, 1996.
  68. 12-A:27 Field Purchase Limits.
  69. 12-A:28 Transfers Authorized; Ski Areas.
  70. 12-A:29 Rate Differentials.
  71. 12-A:29-a Lease Agreement; Terms.
  72. 12-A:29-b Cannon Mountain Advisory Commission.
  73. 12-A:29-c Cannon Mountain Capital Improvement Fund.
  74. 12-A:30 Repealed by 2017, 156:37, XVI, eff. July 1, 2017.
  75. 12-A:31 Repealed by 2017, 156:37, XVII, eff. July 1, 2017.
  76. 12-A:32 Repealed by 2017, 156:37, XVIII, eff. July 1, 2017.
  77. 12-A:33 Repealed by 2017, 156:37, XIX, eff. July 1, 2017.
  78. 12-A:34 Repealed by 2017, 156:37, XX, eff. July 1, 2017.
  79. 12-A:35 Repealed by 2017, 156:37, XXI, eff. July 1, 2017.
  80. 12-A:36 Repealed by 2017, 156:37, XXII, eff. July 1, 2017.
  81. 12-A:37 Repealed by 2017, 156:37, XXIII, eff. July 1, 2017.
  82. 12-A:38 Repealed by 2017, 156:37, XXIV, eff. July 1, 2017.
  83. 12-A:39 Repealed by 2017, 156:37, XXV, eff. July 1, 2017.
  84. 12-A:40 Repealed by 2017, 156:37, XXVI, eff. July 1, 2017.
  85. 12-A:41 Repealed by 1998, 179:4, eff. June 1, 2001.
  86. 12-A:41-a Repealed by 2004, 257:39, eff. July 1, 2004.
  87. 12-A:41-b Repealed by 2019, 53:1, eff. Aug. 4, 2019.
  88. 12-A:42 Repealed by 1988, 179:4, eff. June 1, 2001.
  89. 12-A:43 Repealed by 2017, 156:37, XXVII, eff. July 1, 2017.
  90. 12-A:43-a Repealed by 2017, 156:37, XXVIII, eff. July 1, 2017.
  91. 12-A:43-b Repealed by 2017, 156:37, XXIX, eff. July 1, 2017.
  92. 12-A:44 Repealed by 2010, 368:1(1), eff. Dec. 31, 2010.
  93. 12-A:45 Repealed by 2017, 156:37, XXX, eff. July 1, 2017.
  94. 12-A:45-a Repealed by 2017, 156:37, XXXI, eff. July 1, 2017.
  95. 12-A:46 Repealed by 2017, 156:37, XXXII, eff. July 1, 2017.
  96. 12-A:47 Repealed by 2017, 156:36, XXXIII, eff. July 1, 2017.
  97. 12-A:48 Repealed by 2017, 156:37, XXXIV, eff. July 1, 2017.
  98. 12-A:49 Repealed by 2017, 156:37, XXXV, eff. July 1, 2017.
  99. 12-A:50 Repealed by 2003, 7:3, eff. Sept. 1, 2008.
  100. 12-A:51 Repealed by 2017, 156:37, XXXVI, eff. July 1, 2017.
  101. 12-A:52 Repealed by 2017, 156:37, XXXVII, eff. July 1, 2017.
  102. 12-A:53 Repealed by 2017, 156:37, XXXVIII, eff. July 1, 2017.
  103. 12-A:54 Repealed by 2017, 156:37, XXXIX, eff. July 1, 2017.
  104. 12-A:55 Repealed by 2017, 156:37, XL, eff. July 1, 2017.
  105. 12-A:56 Repealed by 2017, 156:37, XLI, eff. July 1, 2017.
  106. 12-A:57 Repealed by 2017, 156:37, XLII, eff. July 1, 2017.
  107. 12-A:58 Repealed by 2017, 156:37, XLIII, eff. July 1, 2017.
  108. 12-A:59 Repealed by 2017, 156:37, XLIV, eff. July 1, 2017.
  109. 12-A:59-a Repealed by 2017, 156:37, XLV, eff. July 1, 2017.
  110. 12-A:60 Repealed by 2017, 156:37, XLVI, eff. July 1, 2017.
  111. 12-A:61 Repealed by 2017, 156:37, XLVII, eff. July 1, 2017.
  112. 12-A:62 Repealed by 2017, 156:37, XLVIII, eff. July 1, 2017.
  113. 12-A:63 Repealed by 2017, 156:37, XLIX, eff. July 1, 2017.
  114. 12-A:64 Repealed by 2017, 156:37, L, eff. July 1, 2017.
  115. 12-A:65 Repealed by 2017, 156:37, LI, eff. July 1, 2017.
  116. 12-A:66 Repealed by 2017, 156:37, LII, eff. July 1, 2017.
  117. 12-A:67 Repealed by 2017, 156:36, LIII, eff. July 1, 2017.
  118. 12-A:68 Coastal Resilience and Cultural and Historic Reserve Districts.
  119. 12-A:69 Coastal Resilience and Cultural and Historic Reserve District Fund.
  120. 12-A:70 Commission Established.

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120 provisions

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.

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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.

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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.

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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.

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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.

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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.

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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.

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12-A:10-m Repealed by 2018, 200:9, II, eff. July 1, 2018.

Repealed by 2018, 200:9, II, eff. July 1, 2018.

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12-A:11 Repealed by 1986, 202:29, I, eff. Jan. 2, 1987.

Repealed by 1986, 202:29, I, eff. Jan. 2, 1987.

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12-A:12 Repealed by 1963, 181:3, eff. Aug. 23, 1963.

Repealed by 1963, 181:3, eff. Aug. 23, 1963.

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12-A:13 Repealed by 2017, 156:37, XI, eff. July 1, 2017.

Repealed by 2017, 156:37, XI, eff. July 1, 2017.

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12-A:14 Repealed by 1967, 392:3, eff. July 1, 1967.

Repealed by 1967, 392:3, eff. July 1, 1967.

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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.

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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.

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12-A:15-a Repealed by 2017, 156:37, XII, eff. July 1, 2017.

Repealed by 2017, 156:37, XII, eff. July 1, 2017.

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12-A:16 Repealed by 1995, 308:127, V, eff. July 1, 1995.

Repealed by 1995, 308:127, V, eff. July 1, 1995.

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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.

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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.

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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.

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12-A:20 Repealed by 1995, 308:127, VI, eff. July 1, 1995.

Repealed by 1995, 308:127, VI, eff. July 1, 1995.

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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.

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12-A:22 Repealed by 2017, 156:37, XIII, eff. July 1, 2017.

Repealed by 2017, 156:37, XIII, eff. July 1, 2017.

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12-A:22-a Repealed by 2017, 156:37, XIV, eff. July 1, 2017.

Repealed by 2017, 156:37, XIV, eff. July 1, 2017.

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12-A:23 Repealed by 2017, 156:37, XV, eff. July 1, 2017.

Repealed by 2017, 156:37, XV, eff. July 1, 2017.

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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.

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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.

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12-A:26 Repealed by 1996, 210:11, eff. June 10, 1996.

Repealed by 1996, 210:11, eff. June 10, 1996.

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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.

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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.

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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.

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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.

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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.

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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.

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12-A:30 Repealed by 2017, 156:37, XVI, eff. July 1, 2017.

Repealed by 2017, 156:37, XVI, eff. July 1, 2017.

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12-A:31 Repealed by 2017, 156:37, XVII, eff. July 1, 2017.

Repealed by 2017, 156:37, XVII, eff. July 1, 2017.

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12-A:32 Repealed by 2017, 156:37, XVIII, eff. July 1, 2017.

Repealed by 2017, 156:37, XVIII, eff. July 1, 2017.

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12-A:33 Repealed by 2017, 156:37, XIX, eff. July 1, 2017.

Repealed by 2017, 156:37, XIX, eff. July 1, 2017.

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12-A:34 Repealed by 2017, 156:37, XX, eff. July 1, 2017.

Repealed by 2017, 156:37, XX, eff. July 1, 2017.

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12-A:35 Repealed by 2017, 156:37, XXI, eff. July 1, 2017.

Repealed by 2017, 156:37, XXI, eff. July 1, 2017.

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12-A:36 Repealed by 2017, 156:37, XXII, eff. July 1, 2017.

Repealed by 2017, 156:37, XXII, eff. July 1, 2017.

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