An Act to revise the authority of the South Dakota State Historical Society Board of Trustees regarding state-owned property.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 1-19A-5 be AMENDED:

1-19A-5. The South Dakota State Historical Society shall prepare and maintain a state register of historic places, including all those listed on the national register of historic places. A property owned in whole or in part by the state, or any political subdivision of the state, may not be listed on the state register without express written consent of the agency or office that has jurisdiction over the property. Pursuant to chapter 1-26, the State Historical Society Board of Trustees board shall adopt standards in rule for the listing of a historic property on the state register based on the standards of the national register and shall further adopt standards in rule for the continued listing of a property on the state register, consistent with the relevant federal standards of preservation and care.

Section 2. That § 1-19A-11.1 be AMENDED:

1-19A-11.1. The state, or any political subdivision of the state, or any instrumentality thereof, may not undertake any project which that will encroach upon, damage, or destroy any historic property included in the national register of historic places or the state register of historic places until the South Dakota State Historical Society office has been given notice and an opportunity to investigate and comment on the proposed project. The office may solicit the advice and recommendations of the board with respect to such the project and may direct that a public hearing be held thereon. If the office determines that the proposed project will encroach upon, damage, or destroy any historic property which is included in the national register of historic places or the state register of historic places or the environs of such the property, the project may not proceed until:

(1) The Governor, in the case of a project of the state or an instrumentality thereof or the governing body of the political subdivision has made a written determination, based upon the consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program proposed project includes all possible planning to minimize harm to the historic property, resulting from such the use; and

(2) Ten day's days' notice of the determination has been given, by certified mail, to the South Dakota State Historical Society. A, which notice must contain a complete record of factors considered shall be included with such notice.

Any person aggrieved by the determination of the Governor or governing body may appeal the decision pursuant to the provisions of chapter 1-26.

The failure of the office to initiate an investigation of any proposed project within thirty days from the date of receipt of notice thereof is deemed approval of the project.

Any project subject to a federal historic preservation review need not be reviewed pursuant to this section.

Section 3. That a NEW SECTION be added to chapter 1-19A:

Except for property owned by the state, or any political subdivision of the state, listing a property on the national register of historic places constitutes listing the property on the state register of historic places. Any property owned by the state, or any political subdivision of the state, must be removed from the state register upon request of the agency or office with jurisdiction over the property.