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.
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 |