| 1 | 1 | | 25.873.9 100th Legislative Session 1263 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1263 |
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| 12 | 12 | | Introduced by: Representative Roby |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to revise the authority of the South Dakota State Historical Society Board of 1 |
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| 17 | 17 | | Trustees regarding state-owned property. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That § 1-19A-5 be AMENDED: 4 |
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| 20 | 20 | | 1-19A-5. The South Dakota State Historical Society shall prepare and maintain a 5 |
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| 21 | 21 | | state register of historic places, including all those listed on the national register of historic 6 |
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| 22 | 22 | | places. A property owned in whole or in part by the state, or any political subdivision of 7 |
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| 23 | 23 | | the state, may not be listed on the state register without express written consent of the 8 |
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| 24 | 24 | | agency or office that has jurisdiction over the property. Pursuant to chapter 1-26, the 9 |
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| 25 | 25 | | State Historical Society Board of Trustees board shall adopt standards in rule for the listing 10 |
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| 26 | 26 | | of a historic property on the state register based on the standards of the national register 11 |
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| 27 | 27 | | and shall further adopt standards in rule for the continued listing of a property on the 12 |
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| 28 | 28 | | state register, consistent with the relevant federal standards of preservation and care. 13 |
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| 29 | 29 | | Section 2. That § 1-19A-11.1 be AMENDED: 14 |
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| 30 | 30 | | 1-19A-11.1. The state, or any political subdivision of the state , or any 15 |
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| 31 | 31 | | instrumentality thereof, may not undertake any project which that will encroach upon, 16 |
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| 32 | 32 | | damage, or destroy any historic property included in the national register of historic places 17 |
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| 33 | 33 | | or the state register of historic places until the South Dakota State Historical Society office 18 |
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| 34 | 34 | | has been given notice and an opportunity to investigate and comment on the proposed 19 |
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| 35 | 35 | | project. The office may solicit the advice and recommendations of the board with respect 20 |
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| 36 | 36 | | to such the project and may direct that a public hearing be held thereon. If the office 21 |
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| 37 | 37 | | determines that the proposed project will encroach upon, damage, or destroy any historic 22 |
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| 38 | 38 | | property which is included in the national register of historic places or the state register 23 |
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| 39 | 39 | | of historic places or the environs of such the property, the project may not proceed until: 24 25.873.9 2 1263 |
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| 40 | 40 | | Underscores indicate new language. |
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| 41 | 41 | | Overstrikes indicate deleted language. |
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| 42 | 42 | | (1) The Governor, in the case of a project of the state or an instrumentality thereof or 1 |
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| 43 | 43 | | the governing body of the political subdivision has made a written determination, 2 |
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| 44 | 44 | | based upon the consideration of all relevant factors, that there is no feasible and 3 |
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| 45 | 45 | | prudent alternative to the proposal and that the program proposed project includes 4 |
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| 46 | 46 | | all possible planning to minimize harm to the historic property, resulting from such 5 |
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| 47 | 47 | | the use; and 6 |
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| 48 | 48 | | (2) Ten day's days' notice of the determination has been given, by certified mail, to 7 |
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| 49 | 49 | | the South Dakota State Historical Society. A, which notice must contain a complete 8 |
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| 50 | 50 | | record of factors considered shall be included with such notice. 9 |
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| 51 | 51 | | Any person aggrieved by the determination of the Governor or governing body may 10 |
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| 52 | 52 | | appeal the decision pursuant to the provisions of chapter 1-26. 11 |
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| 53 | 53 | | The failure of the office to initiate an investigation of any proposed project within 12 |
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| 54 | 54 | | thirty days from the date of receipt of notice thereof is deemed approval of the project. 13 |
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| 55 | 55 | | Any project subject to a federal historic preservation review need not be reviewed 14 |
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| 56 | 56 | | pursuant to this section. 15 |
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| 57 | 57 | | Section 3. That a NEW SECTION be added to chapter 1-19A: 16 |
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| 58 | 58 | | Except for property owned by the state, or any political subdivision of the state, 17 |
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| 59 | 59 | | listing a property on the national register of historic places constitutes listing the property 18 |
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| 60 | 60 | | on the state register of historic places. Any property owned by the state, or any political 19 |
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| 61 | 61 | | subdivision of the state, must be removed from the state register upon request of the 20 |
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| 62 | 62 | | agency or office with jurisdiction over the property. 21 |
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