North Carolina § 121-11 - Procedures where assistance extended to cities, counties, and other agencies or individuals.

§ 121-11. Procedures where assistance extended to cities, counties, and other agencies or individuals.

In consideration of the public purpose thereby achieved, the Department of Natural and Cultural Resources may assist any county, city, or other political subdivision, corporation or organization, or private individual in the acquisition, maintenance, preservation, restoration, or development of historic or archaeological property by providing a portion of the cost therefor: Provided, that the Department of Natural and Cultural Resources may not make any acquisition, maintenance, preservation, restoration, or development of any property, nor any assistance for any property, nor any contribution for these purposes, until: The property or properties shall have been approved for these purposes by the Department of Natural and Cultural Resources according to criteria adopted by the North Carolina Historical Commission, The report and recommendations of the Commission have been received and considered by the Department of Natural and Cultural Resources, and The Department has found that there is a feasible and practical method of providing funds for the acquisition, restoration, preservation, maintenance, and operation of such property. That such expenditures be accounted to the Department in a manner and at such times as are satisfactory to it. In all cases where assistance is extended by the Department of Natural and Cultural Resources to nonstate owners of property, whether from State funds or otherwise, it shall be a condition of assistance that (1) The property assisted shall, upon its acquisition or restoration, be made accessible to the public at such times and upon such terms as the Department of Natural and Cultural Resources shall by rule prescribe; (2) That the plans for preservation, restoration, and development be reviewed and approved by the Department of Natural and Cultural Resources; (3) That the expenditure of such funds be supervised by the Department of Natural and Cultural Resources; and In further consideration of the public purpose thereby achieved, the Department of Natural and Cultural Resources may assist any county, city, or other political subdivision, or corporation nonprofit history museum in the development of interpretive, security or climate control programs or projects. Provided, that the Department of Natural and Cultural Resources may not make any assistance or contribution from State funds for a program or project until: (1) The program or project shall have been approved for these purposes by the Department of Natural and Cultural Resources according to criteria adopted by the North Carolina Historical Commission; (2) The report and recommendations of the Commission have been received and considered by the Department of Natural and Cultural Resources; and (3) The Department has found that there is a feasible and practical method of providing funds for the maintenance and operation of such history museum. In all cases where assistance is extended by the Department of Natural and Cultural Resources to nonstate owners of history museums, whether from State funds or otherwise, it shall be a condition of assistance that: (1) The museum assisted shall be accessible to the public at such times and upon such terms as the Department of Natural and Cultural Resources shall by rule prescribe; (2) Plans for the development of museum programs or projects be reviewed and approved by the Department of Natural and Cultural Resources; (3) The expenditure of such funds be supervised by the Department of Natural and Cultural Resources; and (4) Such expenditures be accounted to the Department in a manner and at such times as are satisfactory to it. History (1973, c. 476, s. 48; 1979, c. 861, s. 2; 1985 (Reg. Sess., 1986), c. 1014, s. 171(a); 2015-241, s. 14.30(s).) Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" throughout the section. Legal Periodicals. - For symposium on historic preservation which includes a discussion of relevant North Carolina law, see 12 Wake Forest L. Rev. 9 (1976).