The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, the state’s primary legislation governing the protection of archaeological resources, establishes a framework for managing and preserving sites of historical and cultural significance. Specifically, RSA 227-C:11 outlines the process for permitting archaeological investigations. This statute mandates that any person wishing to conduct archaeological fieldwork on state-owned or state-administered lands must obtain a permit from the New Hampshire State Historic Preservation Officer (SHPO). The application process requires detailed information about the proposed project, including its objectives, methodology, qualifications of the principal investigator, and plans for artifact curation and reporting. The SHPO reviews these applications to ensure compliance with professional archaeological standards and the protection of cultural resources. Failure to obtain a permit before commencing work on such lands can result in penalties. This regulatory approach is designed to balance the need for scientific inquiry with the imperative of safeguarding New Hampshire’s irreplaceable archaeological heritage, ensuring that all activities are conducted responsibly and with due consideration for the long-term preservation of these sites.

The New Hampshire legislature, through RSA 227-C:1 et seq., establishes the framework for the preservation and protection of archaeological sites and artifacts within the state. This chapter outlines the responsibilities of the State Historic Preservation Officer (SHPO) and defines prohibited activities. Specifically, RSA 227-C:10 addresses the unlawful disturbance of archaeological sites on state-owned land. The statute mandates that any person who knowingly disturbs, excavates, or removes any artifact or historical object from state land without a permit issued by the SHPO shall be guilty of a misdemeanor. The penalties for such violations include fines and potential imprisonment. The concept of “state land” in this context is crucial, encompassing not only public parks and forests but also any land owned or controlled by the state of New Hampshire. Understanding the scope of state ownership and the permitting process is fundamental to lawful archaeological practice in New Hampshire. The legislative intent behind these provisions is to safeguard the state’s cultural resources for future generations and to ensure that any archaeological investigations are conducted in a scientifically sound and ethically responsible manner, adhering to the principles of stewardship and public benefit. The law distinguishes between state land and private land, with different regulatory approaches applying to each.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, the state’s primary legislation for the protection of archaeological and historical resources, outlines specific procedures for dealing with discoveries of cultural significance. When a project, such as the construction of a new community center in Concord, New Hampshire, unearths artifacts or features that appear to be of archaeological or historical importance, the law mandates a particular course of action. Specifically, RSA 227-C:7 requires that any person who discovers or disturbs such materials immediately cease activity in the vicinity of the discovery and report it to the state archaeologist or the New Hampshire Division of Historical Resources. This reporting is crucial for enabling the state to assess the significance of the find and determine appropriate mitigation or preservation measures. Failure to report such discoveries can result in penalties. The law emphasizes a proactive approach to cultural resource management, ensuring that potential impacts on the state’s heritage are addressed through proper channels, rather than allowing discoveries to be overlooked or inadvertently destroyed. The process is designed to balance development needs with the imperative to safeguard irreplaceable historical and archaeological evidence for future generations.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, titled “Protection of Archaeological Resources,” outlines the legal framework for managing and protecting significant archaeological sites within the state. Specifically, RSA 227-C:3 establishes the requirement for a permit from the State Historic Preservation Officer (SHPO) for any excavation or disturbance of an archaeological site on state-owned or state-controlled lands. This permit process is designed to ensure that such activities are conducted by qualified individuals and adhere to professional archaeological standards, thereby safeguarding the integrity of these resources. The statute further defines what constitutes an “archaeological resource” and the penalties for unauthorized disturbance. The scenario presented involves a private developer planning to conduct subsurface testing on land that was formerly state parkland, now privately owned, but which contains known historical burial sites. While the land is no longer state-controlled, the historical significance and the presence of burial sites trigger considerations under broader heritage protection principles. However, the direct permitting authority under RSA 227-C:3 applies specifically to state-owned or controlled lands. The question probes the understanding of the scope of this specific statute. The developer’s actions, while potentially subject to other environmental or historical review processes depending on the nature of the testing and the specific burial sites, do not directly fall under the *permitting requirement* of RSA 227-C:3 for excavation on state-controlled land. Therefore, the most accurate statement regarding the direct applicability of RSA 227-C:3 to this private developer’s actions on formerly state land, now privately owned, is that the statute’s primary permitting requirement for excavation on state-controlled lands is not directly invoked by this scenario.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, specifically RSA 227-C:4, outlines the responsibilities of the State Historic Preservation Officer (SHPO) concerning the identification, evaluation, and nomination of properties to the National Register of Historic Places. When a federal undertaking may affect a property listed on or eligible for the National Register, federal agencies are required to consult with the SHPO. This consultation process is a cornerstone of Section 106 of the National Historic Preservation Act of 1966, as amended, which New Hampshire law complements and implements. The SHPO’s role is to provide expertise and guidance on the potential impact and mitigation strategies. This includes reviewing proposed undertakings, assessing the significance of affected cultural resources, and advising on alternatives or measures to minimize adverse effects. The statute empowers the SHPO to act as the primary state-level authority in this consultative process, ensuring that federal actions consider and respect New Hampshire’s historic and cultural heritage. The core of this responsibility lies in the SHPO’s advisory capacity and their involvement in ensuring compliance with preservation mandates.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Protection of Archaeological Resources,” governs the discovery and management of archaeological sites. Specifically, RSA 227-C:3 mandates that any person who discovers archaeological artifacts or sites on state-owned land or land held for public purposes must report the discovery to the State Historic Preservation Officer (SHPO) within 48 hours. This reporting requirement is crucial for ensuring that potentially significant cultural resources are properly documented, assessed, and protected from inadvertent damage or destruction. Failure to report can result in penalties. The SHPO, in conjunction with other relevant state agencies, then determines the appropriate course of action, which may include site survey, excavation, or preservation measures. The law aims to balance development needs with the imperative to safeguard New Hampshire’s rich historical and cultural legacy for future generations. The prompt describes a scenario where construction is halted due to the discovery of artifacts on land managed by the New Hampshire Department of Natural and Cultural Resources. The crucial element is the immediate notification of the SHPO as required by state law.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, specifically RSA 227-C:11, addresses the disposition of human remains and artifacts discovered during archaeological investigations. This statute mandates that any human remains or associated funerary objects discovered during an archaeological project, regardless of whether it is on state or private land, must be reported to the State Archaeologist. The statute further outlines procedures for the respectful handling and potential reburial or curation of such discoveries. It prioritizes consultation with lineal descendants or culturally affiliated groups when identifiable. The statute does not automatically grant ownership of discovered artifacts to the landowner if they are deemed significant cultural heritage items, nor does it mandate immediate transfer to a federal repository unless specific federal laws apply. The reporting requirement is a foundational step in ensuring proper management and ethical treatment of sensitive archaeological finds within New Hampshire.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, Protection of Archaeological Resources, establishes the framework for the preservation and management of archaeological sites within the state. Specifically, RSA 227-C:3 outlines the prohibition of disturbing or excavating archaeological sites on state lands without a permit. The statute defines an archaeological site as any area where evidence of past human activity is found, including but not limited to artifacts, features, or structures. A permit for such activities is issued by the State Historic Preservation Officer (SHPO) or their designee, following a review process that assesses the potential impact on the archaeological resources. The question asks about the legal consequence of disturbing an archaeological site on state land in New Hampshire without the requisite permit. RSA 227-C:11 addresses penalties for violations, classifying them as either violations or misdemeanors depending on the severity and intent. A first offense for disturbing an archaeological site without a permit is typically treated as a violation, carrying fines. Subsequent offenses or those involving significant destruction or intent to profit from the removal of artifacts can escalate to misdemeanor charges, which can include fines and potentially imprisonment. Therefore, the most accurate legal classification for an initial, unauthorized disturbance of an archaeological site on state land in New Hampshire is a violation.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, the “Archaeological Resources Protection Act,” governs the protection of archaeological resources on state lands. Specifically, RSA 227-C:3 addresses the prohibition of unauthorized excavation, removal, or disturbance of archaeological sites and artifacts. When a developer plans a project that may impact lands managed by the state, such as state parks or forests, a crucial step is to consult with the New Hampshire State Historic Preservation Office (SHPO). The SHPO is responsible for administering federal and state historic preservation programs and can advise on the potential presence of significant cultural resources and the necessary steps for their protection. These steps often involve surveys, site assessments, and potentially mitigation measures if impacts are unavoidable. The statute aims to prevent the destruction or desecration of these irreplaceable resources, ensuring their preservation for future study and appreciation. The question tests the understanding of the primary regulatory mechanism and responsible state agency for addressing potential impacts on archaeological resources within New Hampshire’s jurisdiction. The correct answer reflects the direct application of RSA 227-C and the role of the SHPO in ensuring compliance and proper stewardship of cultural heritage.

No calculation is required for this question. The New Hampshire Division of Historical Resources (DHR) oversees the state’s historic preservation program, which includes the administration of the National Register of Historic Places and state-level historic designations. RSA 227-C, the State Antiquities and Historic Sites Act, is the primary legislative framework. This act establishes the process for identifying, evaluating, and protecting historic properties. Specifically, RSA 227-C:12 outlines the powers and duties of the DHR, including the authority to conduct surveys, maintain inventories of historic resources, and provide technical assistance. Furthermore, RSA 227-C:13 mandates that state agencies consult with the DHR regarding any proposed undertaking that may affect properties listed or eligible for listing on the National Register or the New Hampshire State Register of Historic Places. This consultation process is designed to ensure that potential impacts on cultural heritage are considered and mitigated. Therefore, any state agency planning a project that might alter or impact a known or potentially significant historic site within New Hampshire must engage with the DHR to comply with state law and preservation standards. The DHR’s role is to provide guidance, assess potential impacts, and facilitate compliance with preservation goals, ensuring that the state’s cultural heritage is considered in development and planning decisions.

The New Hampshire Historical Resources Act, specifically RSA 227-C, governs the protection of archaeological sites and historical artifacts. When a proposed development project, such as the construction of a new community center in Concord, New Hampshire, is anticipated to impact land that may contain significant historical or archaeological resources, a cultural resource assessment is often required. This assessment aims to identify potential impacts and propose mitigation strategies. The process involves consulting with relevant state agencies, particularly the New Hampshire State Historic Preservation Office (SHPO). The SHPO, in conjunction with the Department of Natural and Cultural Resources, plays a crucial role in determining the eligibility of sites for the National Register of Historic Places and in advising on the appropriate steps to take. If a site is deemed to have historical or archaeological significance, mitigation might involve further investigation, documentation, or preservation efforts before or during construction. The legal framework mandates that developers undertake these assessments and follow the guidance provided by the SHPO to ensure compliance with state and federal preservation laws, such as Section 106 of the National Historic Preservation Act, which applies to projects involving federal funding or permits. The goal is to balance development needs with the imperative to safeguard New Hampshire’s unique cultural heritage for future generations.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Protection of Archaeological Resources,” outlines the framework for managing and preserving archaeological sites within the state. Specifically, RSA 227-C:4 addresses the permitting process for archaeological investigations. This statute mandates that any person wishing to conduct an archaeological survey, excavation, or salvage operation on state-owned land, or on land under the jurisdiction of a state agency, must obtain a permit from the New Hampshire State Historic Preservation Officer (SHPO). The permit application process requires detailed information about the proposed project, including its objectives, methodology, qualifications of the personnel involved, and a plan for the curation of recovered artifacts and data. The SHPO reviews these applications to ensure compliance with professional archaeological standards and to protect the integrity of the archaeological record. Failure to obtain a permit prior to commencing such activities constitutes a violation of state law. The question probes the fundamental requirement for undertaking archaeological work on lands managed by the state of New Hampshire, which is the acquisition of a permit as stipulated by RSA 227-C:4. This permit ensures that all activities are conducted in a manner that respects and preserves the state’s cultural heritage, aligning with the overarching goals of New Hampshire’s cultural heritage protection laws.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Protection of Archaeological Resources,” outlines the legal framework for managing and protecting significant archaeological sites within the state. Specifically, RSA 227-C:3 mandates that any person who plans to undertake an activity that may disturb or destroy an archaeological site must notify the state archaeologist at least thirty days prior to commencing the activity. This notification requirement is a critical procedural step designed to allow the state archaeologist to assess the potential impact on cultural resources and, if necessary, implement mitigation measures. The statute defines “archaeological site” broadly to include locations where evidence of past human activity is discovered. The thirty-day notice period is not a guarantee of approval but rather a window for consultation and potential review. Failure to comply with this notification requirement can result in penalties as specified in RSA 227-C:12. Therefore, for any proposed land-altering project in New Hampshire that might impact a known or potential archaeological site, the initial legal obligation is to inform the state archaeologist.

New Hampshire’s approach to archaeological resource protection is primarily governed by RSA 162-C, the New Hampshire State Historic Preservation Act. This statute establishes the framework for identifying, evaluating, and protecting historic and archaeological properties within the state. The Act mandates that state agencies undertake surveys and inventory archaeological sites, and it requires that any state or federally funded project that may affect an archaeological site undergo a review process. This review typically involves consultation with the New Hampshire State Historic Preservation Office (NH-SHPO) and, where applicable, the State Archaeologist. The law also addresses the ownership and disposition of artifacts recovered from state-owned lands, generally vesting ownership in the state unless otherwise specified by permit or agreement. Furthermore, RSA 162-C empowers the NH-SHPO to develop rules and guidelines for the protection of archaeological resources, which are found in administrative rules like those under the NH Code of Administrative Rules, Chapter Fis 100, concerning Historic Preservation. The law’s intent is to balance development needs with the preservation of the state’s irreplaceable cultural heritage, ensuring that archaeological sites are not inadvertently destroyed or damaged by public or private undertakings. The specific provisions regarding the permitting process for archaeological investigations on state lands, the definition of what constitutes a significant archaeological resource, and the procedures for mitigation of adverse effects are all detailed within this statutory and regulatory framework.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, specifically RSA 227-C:11, addresses the disposition of archaeological sites and artifacts. This statute outlines the procedures and legal framework for managing discovered cultural resources. When an archaeological site or significant artifacts are uncovered during construction or development projects, the law mandates notification of the New Hampshire State Historic Preservation Officer (SHPO). The SHPO then has the authority to assess the significance of the find and determine the appropriate course of action, which may include excavation, preservation, or mitigation. The statute emphasizes the state’s interest in its cultural heritage and provides for the protection of these resources. The phrase “state’s proprietary interest” in this context refers to the legal ownership and custodial rights the state asserts over significant archaeological discoveries found on state lands or otherwise subject to state jurisdiction under these statutes, ensuring their proper management and preservation for public benefit and scientific study. This proprietary interest is not a simple matter of land ownership but a legal recognition of the state’s role in safeguarding its historical and cultural legacy.

The New Hampshire Historical Resources Act, RSA 227-C, establishes the framework for the protection of archaeological and historical sites within the state. Specifically, RSA 227-C:11 mandates that any person who discovers artifacts or sites of historical or archaeological significance during construction or other activities must immediately report the discovery to the state archaeologist. This reporting requirement is crucial for enabling the state to assess the significance of the find and implement appropriate mitigation or preservation measures. Failure to report such discoveries can result in penalties as outlined in RSA 227-C:14. The act further defines what constitutes a “significant historical or archaeological site” and outlines the powers and duties of the state archaeologist and the New Hampshire Historical Society in managing these resources. The process involves an initial assessment by the state archaeologist, potentially leading to further investigation, documentation, and, if deemed necessary, the implementation of protective measures, which could include site preservation, excavation, or relocation of artifacts. The law aims to balance development needs with the imperative to preserve the state’s rich cultural heritage for future generations. The concept of “due diligence” is implicitly embedded in the reporting obligation, requiring individuals and entities undertaking activities that might impact cultural resources to be aware of and comply with these legal mandates.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, specifically RSA 227-C:11, outlines the procedures for the disposition of human remains when archaeological or historical investigations are conducted. This statute addresses situations where human skeletal remains are discovered during such activities. The law mandates that the State Archaeologist must be notified immediately upon discovery. Following notification, the State Archaeologist is responsible for conducting an investigation to determine if the remains are of historical or archaeological significance. If the remains are deemed significant, the statute provides for their careful removal and preservation by the State Museum or another designated repository, ensuring their long-term protection and study. This process is distinct from the procedures for unearthing unmarked graves or remains discovered outside of a formal archaeological or historical context, which may fall under different statutes or common law principles. The statute emphasizes a systematic and respectful approach to the handling of such discoveries, prioritizing both scientific inquiry and the dignity of the deceased.

The New Hampshire Historical Resources Act, RSA 227-C, establishes the framework for the protection of the state’s archaeological and historical resources. Specifically, RSA 227-C:11 outlines the procedures for the discovery of archaeological or historical sites during construction or land-altering activities. This statute mandates that upon discovery, all work in the immediate vicinity must cease, and the State Historic Preservation Officer (SHPO) must be notified. The SHPO then has a statutory period, typically ten days, to assess the significance of the discovery and determine appropriate mitigation measures. These measures can range from detailed archaeological investigation and documentation to relocation or preservation in situ. Failure to comply with these notification and cessation requirements can result in penalties as defined in RSA 227-C:16. The intent is to balance development needs with the imperative to preserve irreplaceable cultural heritage. The question tests the understanding of the immediate procedural obligation upon discovery, which is to halt work and inform the SHPO, before any assessment or mitigation plan is formulated. The other options represent later stages or incorrect procedural steps.

New Hampshire’s approach to the protection of archaeological sites on state-owned land is primarily governed by RSA 227-C, the state’s antiquities and historic sites law. This statute mandates that any proposed activity on state land that might affect an archaeological site must undergo a review process. The New Hampshire Division of Historical Resources (NH DHR) is the state agency responsible for administering these protections. When a state agency or a private entity undertaking a project on state land identifies a potential impact to an archaeological resource, the NH DHR is consulted. The agency then assesses the significance of the potential resource and determines the appropriate mitigation measures. These measures can range from detailed archaeological surveys and data recovery excavations to simply monitoring the project activity. The law emphasizes the preservation of significant cultural resources and requires that adverse effects be minimized. The review process ensures that development projects are conducted in a manner that respects and protects the state’s archaeological heritage. This proactive approach aims to prevent the irreversible loss of historical information that could be contained within these sites. The statutory framework provides the legal basis for the state’s stewardship of its past.

The New Hampshire legislature enacted RSA 227-C, the “State Antiquities Act,” to protect archaeological and historical resources. This statute defines “antiquities” broadly to include artifacts, structures, and sites of historical or archaeological significance. Under RSA 227-C:10, any person who disturbs, removes, or possesses any antiquity without a permit issued by the State Historic Preservation Officer (SHPO) is guilty of a misdemeanor for the first offense and a felony for subsequent offenses. The statute also establishes penalties, including fines and imprisonment. Furthermore, RSA 227-C:12 grants the SHPO the authority to issue permits for the excavation, removal, or disturbance of antiquities, specifying conditions and requirements for such permits. These conditions often include detailed plans for survey, excavation, documentation, and curation of recovered materials, ensuring that any authorized activity adheres to professional archaeological standards and contributes to the preservation of New Hampshire’s cultural heritage. The statute’s intent is to prevent the illicit commercialization and destruction of irreplaceable historical evidence.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Preservation of Historic and Archaeological Resources,” outlines the framework for protecting significant cultural heritage sites. Specifically, RSA 227-C:11 addresses the notification requirements for proposed undertakings that may affect historic properties. This statute mandates that the New Hampshire State Historic Preservation Officer (SHPO) be notified of any project that could potentially impact a property listed or eligible for listing on the New Hampshire State Register of Historic Places or the National Register of Historic Places. The notification process is crucial for allowing the SHPO to assess the potential impact and recommend mitigation measures. Failure to provide timely and adequate notification can lead to violations of cultural heritage law and potential penalties. The purpose of this notification is to ensure that federal, state, and local agencies, as well as private developers, consider the preservation of New Hampshire’s cultural heritage in their planning and execution of projects. This proactive approach aims to avoid or minimize adverse effects on significant historic and archaeological resources before they occur, thereby safeguarding the state’s unique historical character for future generations. The law emphasizes collaboration between project proponents and the SHPO to find solutions that balance development needs with preservation goals.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Protection of Archaeological Resources,” outlines the legal framework for the preservation and management of archaeological sites within the state. Specifically, RSA 227-C:3 addresses the prohibition of disturbing archaeological sites on state-owned lands. The statute mandates that no person shall excavate, disturb, or remove any archaeological resource located on state lands without a permit issued by the New Hampshire State Historic Preservation Officer (SHPO). A violation of this provision can result in penalties, including fines and imprisonment, as detailed in RSA 227-C:9. The core principle is to prevent unauthorized activities that could lead to the destruction or degradation of significant cultural heritage. The permit process, governed by RSA 227-C:4, ensures that any such activities are conducted under professional supervision and in accordance with ethical archaeological standards, thereby safeguarding these irreplaceable resources for future generations. The question tests the understanding of the specific legal prohibition against unauthorized disturbance of archaeological resources on state-owned land in New Hampshire, which is a fundamental aspect of the state’s cultural heritage protection laws.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, specifically RSA 227-C:11, outlines the process for archaeological site preservation and requires that any person who discovers an archaeological site or artifact on state-owned land, or land managed by a state agency, must report the discovery to the state historic preservation officer. This reporting obligation is triggered by the discovery itself, regardless of whether the discovery is accidental or part of a planned activity like construction or research. The statute aims to prevent the uncontrolled disturbance or destruction of potentially significant cultural resources. Therefore, the landowner, in this case, the New Hampshire Department of Environmental Services (NHDES) as the manager of state-owned land, has a legal duty to report any such discovery to the designated state official. The obligation is not contingent on the landowner initiating the activity that led to the discovery, but rather on the discovery occurring on the land they manage.

The question pertains to the legal framework governing the protection of archaeological sites in New Hampshire, specifically focusing on the implications of discovering human remains during a construction project. New Hampshire Revised Statutes Annotated (RSA) Chapter 105-C, titled “Protection of Archaeological Resources,” addresses the discovery of artifacts and human remains. RSA 105-C:3 explicitly states that any person who discovers human remains or associated funerary objects on public lands or lands owned by a municipality or the state must immediately notify the State Archaeologist. Furthermore, RSA 105-C:7 outlines penalties for violations, including fines and imprisonment. The statute emphasizes the importance of proper reporting and handling of such discoveries to ensure respectful treatment and appropriate scientific investigation. Therefore, the immediate notification of the State Archaeologist is the legally mandated first step upon discovery of human remains in New Hampshire.

The New Hampshire Historical Resources Act, RSA 227-C, establishes the framework for the protection of archaeological and historical resources within the state. Specifically, RSA 227-C:11 outlines the process for the discovery of archaeological or historical sites during construction or development. This statute mandates that any person who unearths or discovers artifacts or sites of archaeological or historical significance must immediately cease activity in the vicinity of the discovery and notify the state archaeologist. The law further stipulates that the state archaeologist, or their designated representative, will then assess the site. If the site is deemed significant, the state archaeologist will determine appropriate mitigation measures, which could include further excavation, documentation, or preservation. The statute does not grant the discoverer the right to immediate ownership or possession of the discovered artifacts. Instead, the intent is to ensure proper scientific study and preservation for the benefit of the public and the historical record of New Hampshire. The state, through its designated agencies and officials, retains stewardship over such discoveries. Therefore, the discoverer’s primary legal obligation is reporting and cooperation with the state’s assessment and management plan.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Protection of Archaeological Resources,” establishes the framework for the preservation and management of archaeological sites within the state. Specifically, RSA 227-C:3 mandates that any person who disturbs or excavates an archaeological site on state-owned or state-administered land without a permit issued by the New Hampshire State Historic Preservation Officer (SHPO) is subject to penalties. The statute defines “archaeological site” broadly to include locations where evidence of past human activity is found. The question revolves around the legal requirement for a permit when undertaking activities that could impact such sites on specific types of land. Understanding that state-administered lands are included within the purview of RSA 227-C is crucial. The statute’s intent is to prevent unauthorized disturbance of potentially significant cultural resources. Therefore, any activity, such as a land survey or minor excavation, that could reasonably be expected to disturb an archaeological site on state-administered land would necessitate a permit under this chapter. The penalties for violation are also outlined in RSA 227-C:8, which can include fines and other sanctions, reinforcing the importance of compliance.

The scenario involves a privately owned parcel of land in New Hampshire that contains Native American artifacts. The key legal question is how New Hampshire’s cultural heritage laws, specifically concerning the discovery of archaeological materials on private property, would apply. New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Protection of Archaeological and Historic Resources,” is the primary legislation. RSA 227-C:11 governs the discovery of artifacts on private land. It states that if artifacts are discovered on private land, the landowner must notify the State Archaeologist. The State Archaeologist then has the authority to investigate the site and may, with the landowner’s consent or upon obtaining a court order, excavate the site. Crucially, ownership of artifacts discovered on private land generally remains with the landowner unless specific agreements or legal actions transfer ownership. However, the state retains an interest in ensuring the proper preservation and study of these resources. Therefore, while the landowner has rights, the state has a regulatory role. The discovery of human remains triggers different, more stringent protocols, typically involving notification of law enforcement and the Chief Medical Examiner, and potentially involving consultation with descendant communities under federal law (like NAGPRA), but the question specifies “Native American artifacts,” not human remains. The question asks about the *immediate* legal obligation of the landowner upon discovery. RSA 227-C:11 mandates notification of the State Archaeologist. Without this notification, the landowner would be in violation of the statute, regardless of their intent to preserve or sell. The state’s ability to claim ownership or control excavation is contingent upon this initial notification and subsequent assessment by the State Archaeologist. Therefore, the most accurate and immediate legal obligation is to report the find.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Preservation of Historical Resources,” outlines the framework for protecting cultural heritage. Specifically, RSA 227-C:11 mandates the establishment of a state register of historic places, which is analogous to the National Register of Historic Places but specific to New Hampshire’s unique historical assets. The criteria for eligibility for inclusion on the state register are detailed in administrative rules, often promulgated by the New Hampshire State Historic Preservation Office (SHPO). These criteria generally mirror those of the National Register, focusing on significance in American history, architecture, archaeology, engineering, or culture, and the ability to convey that significance through physical integrity. A property must possess integrity of location, design, setting, materials, workmanship, feeling, and association to be eligible. The statute also addresses the process for nominating properties and the review of proposed actions that might affect registered properties. Understanding the interplay between state statutes and administrative rules is crucial for determining eligibility and the subsequent protections afforded to historic resources within New Hampshire.

The New Hampshire Revised Statutes Annotated (RSA) Chapter 227-C, “Protection of Archaeological Resources,” outlines the legal framework for managing and protecting archaeological sites within the state. Specifically, RSA 227-C:3 mandates that any person who plans to undertake an activity that may disturb or destroy an archaeological resource on state-owned or state-administered land must first obtain a permit from the New Hampshire State Historic Preservation Officer (SHPO). This permit process involves a review to ensure that the proposed activity is consistent with the principles of archaeological preservation and that appropriate mitigation measures, if necessary, are implemented. The statute aims to prevent the unauthorized excavation or destruction of sites that hold significant historical and scientific value to the state. Failure to comply with these permit requirements can result in penalties, as stipulated in RSA 227-C:11. Therefore, for any project involving potential disturbance on state lands, securing the SHPO permit is a critical prerequisite.

The question pertains to the legal framework governing the protection of archaeological sites in New Hampshire, specifically concerning the impact of development projects on state-owned lands. New Hampshire Revised Statutes Annotated (RSA) Chapter 167-C, “Protection of Archaeological and Historical Resources,” establishes the legal basis for such protections. RSA 167-C:4 mandates that any state agency undertaking or authorizing an undertaking that may affect a significant archaeological or historical resource must consult with the New Hampshire State Historic Preservation Officer (SHPO). The SHPO, in turn, is responsible for evaluating the potential impact and recommending appropriate mitigation measures. Development projects on state-owned lands are subject to these provisions. The law emphasizes a proactive approach, requiring consultation and assessment *prior* to the commencement of activities that could disturb such resources. Therefore, the initial step for the Department of Transportation, when planning a highway expansion that might impact a known Native American village site on state-owned land, is to engage the SHPO for consultation and assessment. This process is designed to balance development needs with the imperative to preserve cultural heritage.