The bill amends existing laws regarding the authority of the South Dakota State Historical Society Board of Trustees in relation to state-owned historic properties. It stipulates that a property owned by the state or any political subdivision cannot be listed on the state register of historic places without the express written consent of the relevant agency or office. Additionally, the board is tasked with adopting standards in rule for both the listing and continued listing of historic properties on the state register, ensuring these standards align with federal preservation guidelines.
Furthermore, the bill establishes that any state or political subdivision project that may encroach upon, damage, or destroy historic properties must notify the South Dakota State Historical Society office, which will have the opportunity to investigate and comment on the project. The office can also request a public hearing if necessary. If a project is deemed to potentially harm historic properties, it cannot proceed without a written determination from the Governor or governing body, confirming that there are no feasible alternatives and that all possible measures to minimize harm have been considered. Lastly, the bill clarifies that listing a property on the national register automatically includes it on the state register, and state-owned properties must be removed from the state register upon request by the relevant agency.
Statutes affected: Introduced, 02/05/2025: 1-19A-5, 1-19A-11.1