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  6. 12-A:1-e Repealed by 2017, 156:37, II, eff.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  8. 12-A:2-a Repealed by 1983, 422:3, I, eff.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  9. 12-A:2-b Repealed by 1978, 22:1, eff.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  12. 12-A:2-e Repealed by 2017, 156:37, III, eff.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  13. 12-A:2-f Repealed by 2017, 156:37, IV, eff.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  14. 12-A:2-g Repealed by 2017, 156:37, V, eff.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  15. 12-A:2-h Repealed by 2017, 156:37, VI, eff.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  17. 12-A:2-j Repealed by 2017, 156:37, VII, eff.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  21. 12-A:4-a, 12-A:4-b Repealed by 1995, 308:127, III, eff.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  22. 12-A:4-c Repealed by 2001, 158:109, I, eff.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  23. 12-A:4-d Repealed by 1995, 308:127, IV, eff.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  24. 12-A:5 Repealed by 2020, 37:4, II, eff.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  25. 12-A:5-a Repealed by 1971, 33:3, eff.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  26. 12-A:6 Repealed by 2020, 37:4, II, eff.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  27. 12-A:7 Repealed by 2017, 156:37, VIII, eff.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  28. 12-A:7-a Repealed by 2004, 2:7, eff.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  29. 12-A:8 Repealed by 2017, 156:37, IX, eff.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  30. 12-A:8-a Repealed by 2017, 156:37, X, eff.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  31. 12-A:9 Repealed by 1988, 143:2, eff.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: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.

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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.

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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.

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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.

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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.

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12-A:1-e Repealed by 2017, 156:37, II, eff. July 1, 2017.

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

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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.

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12-A:2-a Repealed by 1983, 422:3, I, eff. June 24, 1983.

Repealed by 1983, 422:3, I, eff. June 24, 1983.

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12-A:2-b Repealed by 1978, 22:1, eff. June 22, 1978.

Repealed by 1978, 22:1, eff. June 22, 1978.

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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.

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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.

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12-A:2-e Repealed by 2017, 156:37, III, eff. July 1, 2017.

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

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12-A:2-f Repealed by 2017, 156:37, IV, eff. July 1, 2017.

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

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12-A:2-g Repealed by 2017, 156:37, V, eff. July 1, 2017.

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

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12-A:2-h Repealed by 2017, 156:37, VI, eff. July 1, 2017.

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

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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.

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12-A:2-j Repealed by 2017, 156:37, VII, eff. July 1, 2017.

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

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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.

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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.

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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.

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12-A:4-a, 12-A:4-b Repealed by 1995, 308:127, III, eff. July 1, 1995.

12-A:4-b Repealed by 1995, 308:127, III, eff. July 1, 1995.

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12-A:4-c Repealed by 2001, 158:109, I, eff. Dec. 28, 2001.

Repealed by 2001, 158:109, I, eff. Dec. 28, 2001.

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12-A:4-d Repealed by 1995, 308:127, IV, eff. July 1, 1995.

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

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12-A:5 Repealed by 2020, 37:4, II, eff. July 29, 2020.

Repealed by 2020, 37:4, II, eff. July 29, 2020.

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12-A:5-a Repealed by 1971, 33:3, eff. May 31, 1971.

Repealed by 1971, 33:3, eff. May 31, 1971.

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12-A:6 Repealed by 2020, 37:4, II, eff. July 29, 2020.

Repealed by 2020, 37:4, II, eff. July 29, 2020.

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12-A:7 Repealed by 2017, 156:37, VIII, eff. July 1, 2017.

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

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12-A:7-a Repealed by 2004, 2:7, eff. Mar. 5, 2004.

Repealed by 2004, 2:7, eff. Mar. 5, 2004.

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12-A:8 Repealed by 2017, 156:37, IX, eff. July 1, 2017.

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

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12-A:8-a Repealed by 2017, 156:37, X, eff. July 1, 2017.

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

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12-A:9 Repealed by 1988, 143:2, eff. June 20, 1988.

Repealed by 1988, 143:2, eff. June 20, 1988.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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