South Dakota Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Disturbing human skeletal remains or funerary objects as felony, S.D. Codified Laws § 34-27-26.
It is a crime, unless authorized by the state archaeologist, to knowingly disturb or knowingly permit disturbance of human skeletal remains or funerary objects, except by a law enforcement officer, coroner, or other official designated by law in performance of official duties. A violation of this crime is a Class 6 felony.
Opening grave or breaking building with intent to remove body or coffin as misdemeanor, S.D. Codified Laws § 34-27-18.
It is a crime to open any grave or any place of burial, temporary or otherwise, or to break open any building where any dead body is being deposited while awaiting burial with the intent to remove a dead body for the purpose of selling or dissection or to steal the coffin or any part, or anything attached to the coffin, or articles buried with the body. This crime is a Class 1 misdemeanor.
Reporting discovery of human skeletal remains--Failure to report as misdemeanor, S.D. Codified Laws § 34-27-25.
It is a crime to fail to report the discovery of human skeletal remains or what one believes may be human skeletal remains. A person who discovers human skeletal remains in or on the ground must immediately cease any activity which may disturb those remains and must report the presence and location of the remains to an appropriate law enforcement officer. Willful failure to report the presence or discovery of human skeletal remains or what may be human skeletal remains within forty-eight hours to an appropriate law enforcement officer is a Class 2 misdemeanor.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Buying, selling, or bartering human skeletal remains or funerary objects as felony, S.D. Codified Laws § 34-27-22.
It is a crime to knowingly buy, sell, or barter for profit human skeletal remains or associated funerary objects, previously buried within this state. This crime is a Class 6 felony.
Commercial display of human skeletal remains or funerary objects as felony, S.D. Codified Laws §34-27-24.
It is a crime to knowingly display funerary objects or human skeletal remains previously buried in South Dakota for profit or to support a commercial enterprise. This crime is a Class 6 felony.
Transfer of another's property as theft, S.D. Codified Laws § 22-30A-2.
Any person who transfers property of another, or any interest in the property of another, with intent to benefit the transferor or another person who is not entitled to the profit, is guilty of theft.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Removing dead body maliciously or with intent to sell or dissect as misdemeanor, S.D. Codified Laws § 34-27-19.
It is a crime to remove all or any part of the dead body of a human being from any grave or other place where the body has been buried, or from any place where the body is deposited while awaiting burial, with intent to sell the body or to dissect it without authority of law, or from malice or wantonness. This crime is a Class 1 misdemeanor.
Receiving dead body unlawfully removed as misdemeanor, S.D. Codified Laws § 34-27-20.
It is a crime to purchase or receive, except for the purpose of burial, any dead body of a human being, knowing that the body’s removal violates S.D. Codified Laws § 34-27-19. This crime is a Class 1 misdemeanor.
Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects, S.D. Codified Laws § 34-27-31.
If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota after July 1, 1990, the institution or museum must contact the state archaeologist within fifteen days of the discovery. The state archaeologist will identify the remains or objects. If the state archaeologist determines that the remains or objects are not directly related to a tribal group, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History. If review by the state archaeologist determines that there is a direct relationship of the remains or objects to a tribal group, the state archaeologist will notify the director of the State Office of History and will initiate contact with officials of that tribal group designated by the Office of Indian Affairs. If, within one year of the first contact with the tribal group, the tribal group requests the return of the remains or objects, the state archaeologist must turn over the remains or objects to the tribal group. If, within one year of the first contact with the tribal group, the tribal group has not requested the return of the remains or objects, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Disturbing human skeletal remains or funerary objects as felony, S.D. Codified Laws § 34-27-26.
It is a crime, unless authorized by the state archaeologist, to knowingly disturb or knowingly permit the disturbance of human skeletal remains or funerary objects except by a law enforcement officer or coroner or by another official designated by law in performance of official duties. This crime is a Class 6 felony.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Unauthorized investigation as misdemeanor--Forfeiture of materials found, S.D. Codified Laws § 1-20-35.
It is a crime to appropriate, deface, destroy, or otherwise alter any archaeological site or specimen located upon state lands or within the boundaries of a designated state archaeological register site, except in the course of activities pursued under the authority of a permit granted by the State Historical Society Board of Trustees. This crime is a Class 2 misdemeanor.
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
Intentional damage to property--Degree of offense according to value—Application, S.D. Codified Laws § 22-34-1.
It is a crime to injure damage or destroy public property without the lawful consent of the appropriate governing body, or private property without the consent of the owner. This crime requires specific intent to commit the act. The crime is intentional damage to property in the third degree if the damage to property is $400 dollars or less. Intentional damage to property in the third degree is a Class 2 misdemeanor. The crime is intentional damage to property in the second degree if the damage to property is $1,000 or less and more than $400. Intentional damage to property in the second degree is a Class 1 misdemeanor. The crime is intentional damage to property in the first degree if the damage to property is $100,000 or less and more than $1,000. Intentional damage to property in the first degree is a Class 4 felony. The crime is aggravated intentional damage to property if the damage to property is more than $100,000. Aggravated intentional damage to property is a Class 3 felony.
Aggregation of injuries, damages, or destruction permissible, S.D. Codified Laws § 22-34-1.1.
Damage to property resulting from violations of S.D. Codified Laws § 22-34-1. may be aggregated to determine the degree of the offense regardless of whether such injuries, damage, or destruction affected the property of one or more persons.
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What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects—Misdemeanor, S.D. Codified Laws § 1-20-37.
It is a crime reproduce, retouch, rework, or forge any archaeological, paleontological, ethnological, or historical object, deriving its principal value from its antiquity, or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any object, with intent to represent the object as an original and genuine archaeological, paleontological, ethnological, or historical specimen. This crime is a Class 2 misdemeanor.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
Theft—Violation, S.D. Codified Laws § 22-30A-1.
Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft.
Grand theft – Felony, S.D. Codified Laws § 22-30A-17.
Theft is grand theft, if the property stolen exceeds $1000, is a firearm, is taken from the person of another, or the property is cattle, horses, mules, buffalo, or captive nondomestic elk. This crime is a class 4 felony.
Petty theft in the first degree—Misdemeanor, S.D. Codified Laws § 22-30A-17.2.
Theft is petty theft in the first degree, if the value of the property stolen exceeds $400 but does not exceed on $1000. This crime is a Class 1 misdemeanor.
Petty theft in the second degree—Misdemeanor, S.D. Codified Laws § 22-30A-17.3.
Theft is petty theft in the second degree, if the value of the property stolen is $400 or less. Petty theft in the second degree is a Class 2 misdemeanor.
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for removing or damaging headstones?
Theft—Violation, S.D. Codified Laws § 22-30A-1.
Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft.
Grand theft – Felony, S.D. Codified Laws § 22-30A-17.
Theft is grand theft, if the property stolen exceeds $1000, is a firearm, is taken from the person of another, or if the property is cattle, horses, mules, buffalo, or captive nondomestic elk. This crime is a class 4 felony.
Petty theft in the first degree—Misdemeanor, S.D. Codified Laws § 22-30A-17.2.
Theft is petty theft in the first degree, if the value of the property stolen exceeds $400 but does not exceed on $1000. This crime is a Class 1 misdemeanor.
Petty theft in the second degree—Misdemeanor, S.D. Codified Laws § 22-30A-17.3.
Theft is petty theft in the second degree, if the value of the property stolen is $400 or less. Petty theft in the second degree is a Class 2 misdemeanor.
Intentional damage to property--Degree of offense according to value—Application, S.D. Codified Laws § 22-34-1.
It is a crime to injure damage or destroy public property without the lawful consent of the appropriate governing body, or private property without the consent of the owner. This crime requires specific intent to commit the act. The crime is intentional damage to property in the third degree if the damage to property is $400 dollars or less. Intentional damage to property in the third degree is a Class 2 misdemeanor. The crime is intentional damage to property in the second degree if the damage to property is $1,000 or less and more than $400. Intentional damage to property in the second degree is a Class 1 misdemeanor. The crime is intentional damage to property in the first degree if the damage to property is $100,000 or less and more than $1,000. Intentional damage to property in the first degree is a Class 4 felony. The crime is aggravated intentional damage to property if the damage to property is more than $100,000. Aggravated intentional damage to property is a Class 3 felony.
Aggregation of injuries, damages, or destruction permissible, S.D. Codified Laws § 22-34-1.1.
Damage to property resulting from violations of S.D. Codified Laws § 22-34-1. may be aggregated to determine the degree of the offense regardless of whether such injuries, damage, or destruction affected the property of one or more persons.
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What are the general state criminal laws for abuse of corpse?
We are unable to locate information relevant to this question at this time.
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What are the general state criminal laws for theft?
Theft—Violation, S.D. Codified Laws § 22-30A-1.
Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft.
Grand theft – Felony, S.D. Codified Laws § 22-30A-17.
Theft is grand theft, if the property stolen exceeds $1000, is a firearm, is taken from the person of another, or the property is cattle, horses, mules, buffalo, or captive nondomestic elk. This crime is a class 4 felony.
Petty theft in the first degree—Misdemeanor, S.D. Codified Laws § 22-30A-17.2.
Theft is petty theft in the first degree, if the value of the property stolen exceeds $400 but does not exceed on $1000. This crime is a Class 1 misdemeanor.
Petty theft in the second degree—Misdemeanor, S.D. Codified Laws § 22-30A-17.3.
Theft is petty theft in the second degree, if the value of the property stolen is $400 or less. Petty theft in the second degree is a Class 2 misdemeanor.
Return of stolen property considered in mitigation of punishment--Return not a defense, S.D. Codified Laws § 22-30A-10.1.
If any person, who has been accused of theft, restores or returns the property allegedly stolen before an indictment or information is laid before a magistrate, such fact may be considered in mitigation of punishment. The restoration or return of the property is not a defense and may not be considered by the finder of fact.
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What are the general state criminal laws for receiving stolen property?
Receiving stolen property, S.D. Codified Laws § 22-30A-7.
Any person who receives, retains, or disposes of property of another knowing that the property has been stolen, or believing that the property has probably been stolen without the intent to restore the property to the owner, is guilty of theft
Return of stolen property considered in mitigation of punishment--Return not a defense, S.D. Codified Laws § 22-30A-10.1.
If any person, who has been accused of theft, restores or returns the property allegedly stolen before an indictment or information is laid before a magistrate, such fact may be considered in mitigation of punishment. The restoration or return of the property is not a defense and may not be considered by the finder of fact.
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What are the general state criminal laws for unlawful trespass?
Entering or refusing to leave property after notice—Misdemeanor, S.D. Codified Laws § 22-35-6.
It is a crime to knowingly enter or remain in any place where notice against trespass is given by:
1. Actual communication to the person who subsequently commits the trespass;
2. Posting in a manner reasonably likely to come to the attention of trespassers; or
3. Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers.
This crime is a Class 2 misdemeanor. However, if the trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.
Trespass on private land—Misdemeanor, S.D. Codified Laws § 1-20-36.
Removing artifacts and antiquities from private land without the written permission of the owner is trespass. Trespass of this kind is a Class 2 misdemeanor.
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What are the general state criminal laws for mischief?
See general state criminal laws for damage to property.
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What are the general state criminal laws for damage to property?
Intentional damage to property--Degree of offense according to value—Application, S.D. Codified Laws § 22-34-1.
It is a crime to injure damage or destroy public property without the lawful consent of the appropriate governing body, or private property without the consent of the owner. This crime requires specific intent to commit the act. The crime is intentional damage to property in the third degree if the damage to property is $400 dollars or less. Intentional damage to property in the third degree is a Class 2 misdemeanor. The crime is intentional damage to property in the second degree if the damage to property is $1,000 or less and more than $400. Intentional damage to property in the second degree is a Class 1 misdemeanor. The crime is intentional damage to property in the first degree if the damage to property is $100,000 or less but more than $1,000. Intentional damage to property in the first degree is a Class 4 felony. The crime is aggravated intentional damage to property if the damage to property is more than $100,000. Aggravated intentional damage to property is a Class 3 felony.
Aggregation of injuries, damages, or destruction permissible, S.D. Codified Laws § 22-34-1.1
Damage to property resulting from violations of S.D. Codified Laws § 22-34-1. may be aggregated to determine the degree of the offense regardless of whether such injuries, damage, or destruction affected the property of one or more persons.
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What are the general state criminal laws for hate crimes?
Malicious intimidation or harassment—Felony, S.D. Codified Laws, § 22-19B-1.
It is a crime to maliciously and with specific intent, intimidate or harass any person or group because of that persons’ race, ethnicity, religion, ancestry, or national origin by causing physical injury, defacing any real or personal property, damaging or destroying and real or personal property, or threatening to do any of the above acts if there is reasonable cause to believe that any of the above acts will occur. This crime is a Class 6 felony.
Deface defined, S.D. Codified Laws § 22-19B-2.
Deface, includes cross-burnings or the placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the property of another person without that person's permission.
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archaeological resources restricted in this state?
Issuance of exploration permits--Qualifications of permittees, S.D. Codified Laws § 1-20-32.
The State Historical Society Board of Trustees issues permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be properly qualified to conduct such activity. The institution is subject to the rules and regulations prescribed by the State Historical Society Board of Trustee.
Reports to state archaeologist of exploration results, S.D. Codified Laws § 1-20-33.
When exploration or field investigations are undertaken, a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs must be submitted to the state archaeologist.
Unauthorized investigation as misdemeanor--Forfeiture of materials found, S.D. Codified Laws § 1-20-35.
It is a crime to conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Society Board of Trustees. This crime is a Class 2 misdemeanor. In addition to the penalties associate with this crime, the convicted shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material.
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How is the collection or removal of historical and archaeological resources restricted in this state?
Specimens collected as state property--Arrangements for disposition, S.D. Codified Laws § 1-20-34.
All specimens collected under a permit issued pursuant to S.D. Codified Laws § 1-20-32 shall be the permanent property of the state and the state archaeologist shall make prior arrangements for the disposition of specimens derived from such activities in an appropriate institution of the state or for the loan of such specimens to qualified institutions in or out of the state.
Unauthorized investigation as misdemeanor--Forfeiture of materials found, S.D. Codified Laws § 1-20-35.
It is a crime to conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Society Board of Trustees. This crime is a Class 2 misdemeanor. In addition to the penalties associate with this crime, the convicted shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material.
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate information relevant to this question at this time.
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Time Limits for bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
No limitation on prosecution for Class A, Class B, or Class C felonies, S.D. Codified Laws § 23A-42-1.
There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.
Seven-year limitation on other prosecutions, S.D. Codified Laws § 23A-42-2.
In all other prosecutions, the proceedings must be commenced within seven years after the commission of the offense, except as provided below in S.D. Codified Laws § 23A-42-3.
Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery, S.D. Codified Laws § 23A-42-3.
When the defendant is charged with forgery or theft, an action must be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years has elapsed at the time of prosecution, must be pleaded and proven in the same manner as other elements of the offense.
Tolling of limitation period while defendant out of state, S.D. Codified Laws § 23A-42-5.
If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period after his coming within the state. The limitation period does not run while the defendant is out of state.
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Time Limits for Bringing Civil Action
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What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private entity?
We are unable to locate information relevant to this question at this time.
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
Felony classes and penalties--Restitution--Habitual criminal sentences, S.D. Codified Laws § 22-6-1.
If not otherwise specified, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction.
(1) Class A felony: death or life imprisonment in the state penitentiary. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of $50,000 may be imposed;
(2) Class B felony: life imprisonment in the state penitentiary. A lesser sentence may not be given for a Class B felony. In addition, a fine of $50,000 may be imposed;
(3) Class C felony: life imprisonment in the state penitentiary. In addition, a fine of $50,000 may be imposed;
(4) Class 1 felony: fifty years imprisonment in the state penitentiary. In addition, a fine of $50,000 may be imposed;
(5) Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition, a fine of $50,000 may be imposed;
(6) Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine of $30,000 may be imposed;
(7) Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of $20,000 may be imposed;
(8) Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine of ten $10,000 may be imposed; and
(9) Class 6 felony: two years imprisonment in the state penitentiary or a fine of $4,000, or both.
The court may also order that the defendant make restitution to the victim of the crime.
Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed, S.D. Codified Laws § 22-6-2.
Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
(1) Class 1 misdemeanor: one year imprisonment in a county jail or $2000 fine, or both;
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or $500 fine, or both.
The court may also order that the defendant make restitution to the victim of the crime.
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What are the class designation for misdemeanors and felonies in the state?
Felony and misdemeanor distinguished, S.D. Codified Laws § 22-1-4.
Any crime is either a felony or a misdemeanor. A felony is a crime which is or may be punishable by imprisonment in the state penitentiary. Every other crime is a misdemeanor.
Felony classes and penalties--Restitution--Habitual criminal sentences, S.D. Codified Laws § 22-6-1.
If not otherwise specified, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction.
(1) Class A felony: death or life imprisonment in the state penitentiary. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of $50,000 may be imposed;
(2) Class B felony: life imprisonment in the state penitentiary. A lesser sentence may not be given for a Class B felony. In addition, a fine of $50,000 may be imposed;
(3) Class C felony: life imprisonment in the state penitentiary. In addition, a fine of $50,000 may be imposed;
(4) Class 1 felony: fifty years imprisonment in the state penitentiary. In addition, a fine of $50,000 may be imposed;
(5) Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition, a fine of $50,000 may be imposed;
(6) Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine of $30,000 may be imposed;
(7) Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of $20,000 may be imposed;
(8) Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine of ten $10,000 may be imposed; and
(9) Class 6 felony: two years imprisonment in the state penitentiary or a fine of $4,000, or both.
The court may also order that the defendant make restitution to the victim of the crime.
Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed, S.D. Codified Laws § 22-6-2.
Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
(1) Class 1 misdemeanor: one year imprisonment in a county jail or $2000 fine, or both;
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or $500 fine, or both.
The court may also order that the defendant make restitution to the victim of the crime.
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
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What are the administrative sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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How are future interests in property involving burials subject to the rule against perpetuities?
We are unable to locate information relevant to this question at this time.
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How can the state exercise eminent domain over a cemetery or historic property?
Compensation for private property taken for public use--Assessment of damages, South Dakota State Constitution, ARTICLE XVII, §18.
Municipal and other corporations and individuals with the authority to condemn private property for public use are required to make just compensation for property taken, injured, or destroyed. Compensation must be paid or secured before such taking, injury, or destruction. The state must provide any person an appeal from any preliminary assessment of damages, and the amount of such damages in all cases of appeal must, on the demand of either party, be determined by a jury as in other civil cases.
Condemnors covered by chapter--Petition for ascertainment of compensation by jury, S.D. Codified Laws § 21-35-1.
The State or authorized party must file a petition in the circuit court for the county in which the property to be taken or damaged is situated, asking that the just compensation to be made for such property may be ascertained by a jury.
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How are conservation and preservation easements created in this state?
Conservation easements—Definitions, S.D. Codified Laws § 1-19B-56.
A conservation easement is a nonpossessory interest held by a imposing limitations or affirmative obligations for the purposes of retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological or cultural aspects of real property.
Conservation easement creation, modification, transfer, and termination, S.D. Codified Laws § 1-19B-57.
A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. The term of the conservation easement must be established by the parties to the easement. No right or duty arises under a conservation easement before it is accepted. An interest in real property in existence at the time a conservation easement is created is not impaired unless the holder of the interest consents.
Actions affecting conservation easements, S.D. Codified Laws § 1-19B-58.
An action affecting a conservation easement may only be brought by an owner of an interest in the real property burdened by the easement, a holder of the easement, or a person having a third-party right of enforcement.
A court may modify or terminate a conservation easement in accordance with the principles of law and equity.
Acquisition of historic easements—Definition, S.D. Codified Laws § 1-19B-16.
Any county or municipality may acquire, by purchase, donation, or condemnation, historic easements in any area within their respective jurisdictions wherever and to the extent that the governing body of the county or municipality determines that the acquisition will be in the public interest. A historic easement is any easement, restriction, covenant, or condition running with the land, designated to preserve, maintain, or enhance all or part of the existing state of places of historical, architectural, archaeological, paleontological, or cultural significance.
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How does the state create authorized rights-of-way through cemetery property?
We are unable to locate information relevant to this question at this time.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
We are unable to locate information relevant to this question at this time.
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How will the state regulate or sell unsuitable or condemned cemetery property?
We are unable to locate information relevant to this question at this time.
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What is the procedure for removing or replacing headstones?
We are unable to locate information relevant to this question at this time.
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How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?
Preservation of historic property—Procedures, S.D. Codified Laws § 1-19A-11.1.
The state may not undertake any project which 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 Office of History 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 and may direct that a public hearing be held. If the office determines that the proposed project will encroach upon, damage or destroy any historic property included on either the national register of historic places or the state registers of historic places, the project may not proceed until:
(1) The Governor 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 includes all possible planning to minimize harm to the historic property, resulting from such use; and
(2) Ten day's notice of the determination has been given, by certified mail, to the Office of History. 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. The failure of the office to initiate an investigation of any proposed project within thirty days from the date of receipt of notice is considered approval of the project.
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What are the procedures for excavating or removing remains or archeological resources on public lands?
Issuance of exploration permits--Qualifications of permittees, S.D. Codified Laws § 1-20-32.
The State Historical Society Board of Trustees issues permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be properly qualified to conduct such activity. The institution is subject to the rules and regulations prescribed by the State Historical Society Board of Trustee.
Reports to state archaeologist of exploration results, S.D. Codified Laws §1-20-33.
When exploration or field investigations are undertaken pursuant to S.D. Codified Laws § 1-20- 32, a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs must be submitted to the state archaeologist.
Specimens collected as state property--Arrangements for disposition, S.D. Codified Laws § 1-20-34
All specimens collected under a permit issued pursuant to S.D. Codified Laws § 1-20-32 becomes the permanent property of the state and the state archaeologist will make prior arrangements for the disposition of specimens derived from such activities in an appropriate institution of the state or for the loan of such specimens to qualified institutions in or out of the state.
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What are the procedures for excavating or removing remains or archeological resources on private lands?
We are unable to locate information relevant to this question at this time.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
Reporting discovery of human skeletal remains--Failure to report as misdemeanor, S.D. Codified Laws § 34-27-25.
It is a crime to fail to report the discovery of human skeletal remains or what one believes may be human skeletal remains. A person who discovers human skeletal remains in or on the ground must immediately cease any activity which may disturb those remains and must report the presence and location of the remains to an appropriate law enforcement officer. Willful failure to report the presence or discovery of human skeletal remains or what may be human skeletal remains within forty-eight hours to an appropriate law enforcement officer is a Class 2 misdemeanor.
Reports to state archaeologist of exploration results, S.D. Codified Laws §1-20-33.
When exploration or field investigations are undertaken, a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs must be submitted to the state archaeologist.
Specimens collected as state property--Arrangements for disposition, S.D. Codified Laws § 1-20-34.
All specimens collected under a permit becomes the permanent property of the state and the state archaeologist will make prior arrangements for the disposition of specimens derived from such activities in an appropriate institution of the state or for the loan of such specimens to qualified institutions in or out of the state.
Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects, S.D. Codified Laws § 34-27-31.
If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum must contact the state archaeologist within fifteen days of the find. Within a reasonable period of time from contact by the institution or museum, and no longer than one year, the state archaeologist must identify the remains or objects. If review by the state archaeologist demonstrates to his satisfaction that the remains or objects are not directly related to a tribal group, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History. If review by the state archaeologist demonstrates to his satisfaction that there is a direct relationship of the remains or objects to a tribal group, the state archaeologist shall notify the director of the State Office of History and shall initiate contact with officials of that tribal group as designated by the Office of Indian Affairs. If, within one year of the first contact with the tribal group, the tribal group requests return of the remains or objects, the state archaeologist will turn over to the tribal group the remains or objects. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group has not requested the return of the remains or objects, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History.
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What are the procedures for the disposition of human remains and funerary objects?
Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects, S.D. Codified Laws § 34-27-31.
If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum must contact the state archaeologist within fifteen days of the find. Within a reasonable period of time from contact by the institution or museum, and no longer than one year, the state archaeologist must identify the remains or objects. If review by the state archaeologist demonstrates to his satisfaction that the remains or objects are not directly related to a tribal group, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History. If review by the state archaeologist demonstrates to his satisfaction that there is a direct relationship of the remains or objects to a tribal group, the state archaeologist will notify the director of the State Office of History and will initiate contact with officials of that tribal group as designated by the Office of Indian Affairs. If, within one year of the first contact with the tribal group, the tribal group requests return of the remains or objects, the state archaeologist shall turn over to the tribal group the remains or objects. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group has not requested the return of the remains or objects, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History.
Refusal to turn over remains or objects to tribal group—Appeal, S.D. Codified Laws § 34-27-32.
Any refusal by the state archaeologist to turn over remains or objects to a tribal group after a request is made is reviewable. Any such appeal must be filed within thirty days of written notice of the refusal to the tribal group.
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What are the procedures for the removal and re-interment of human remains from cemeteries?
Liability for expense of reinterment on removal of cemetery, S.D. Codified Laws § 34-27-16.
Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another, the expense of removal shall be paid by the person for whose benefit or upon whose complaint or petition it was made, before any order for such removal is made, with the right of such person to recover such expense from the estate of the decedent or persons legally chargeable with his burial expense if it appears that such removal was ordered as a matter of legal right instead of for the accommodation of the applicant for such order.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
We are unable to locate information relevant to this question at this time.
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How does the state indentify, preserve, and control Native American sacred sites?
We are unable to locate information relevant to this question at this time.
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How does the state preserve historic lands from surface mining?
We are unable to locate information relevant to this question at this time.
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What are the procedures for the exploration of submerged and underwater sites?
We are unable to locate information relevant to this question at this time.
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What are the procedures for transferring land and property containing historic or cultural resources?
Rules for acquisition and operation of properties, S.D. Codified Laws § 1-19A-11.
The State Historical Society Board of Trustees promulgates rules to acquire and dispose of historic properties.
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What public health regulations exist for the removal and burial of human remains?
Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules, S.D. Codified Laws § 34-25-38.
Interment, disinterment, or other disposition is not permitted, unless it is accompanied by a burial, removal, disinterment, or transit permit. The Department of Health promulgates rules which govern the issuance of permits for disinterment or reinterment of a dead body or fetus.
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How is environmental impact measured for historic and archeological resources?
We are unable to locate information relevant to this question at this time.
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Activities Affecting Burials which Require State or Local Government Compliance
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Rules, Regulations, and Ordinances Governing Burial-Related Activities
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What state regulations relate to nongovernmental burial-related activities?
We are unable to locate information relevant to this question at this time.
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What local regulations relate to non-governmental burial related activities?
We are unable to locate information relevant to this question at this time.
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association formed in this state?
We are unable to locate information relevant to this question at this time.
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Who has the right to conduct archaeological field excavations?
Issuance of exploration permits--Qualifications of permittees, S.D. Codified Laws § 1-20-32.
The State Historical Society Board of Trustees issues permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be properly qualified to conduct such activity. The institution is subject to the rules and regulations prescribed by the State Historical Society Board of Trustee.
Reports to state archaeologist of exploration results, S.D. Codified Laws §1-20-33.
When exploration or field investigations are undertaken pursuant to S.D. Codified Laws § 1-20- 32, a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs must be submitted to the state archaeologist.
Specimens collected as state property--Arrangements for disposition, S.D. Codified Laws § 1-20-34
All specimens collected under a permit issued pursuant to S.D. Codified Laws § 1-20-32 shall be the permanent property of the state and the state archaeologist will make prior arrangements for the disposition of specimens derived from such activities in an appropriate institution of the state or for the loan of such specimens to qualified institutions in or out of the state.
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Who has custody rights of discovered remains?
Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects, S.D. Codified Laws § 34-27-31.
If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum must contact the state archaeologist within fifteen days of the find. Within a reasonable period of time from contact by the institution or museum, and no longer than one year, the state archaeologist must identify the remains or objects. If review by the state archaeologist demonstrates to his satisfaction that the remains or objects are not directly related to a tribal group, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History. If review by the state archaeologist demonstrates to his satisfaction that there is a direct relationship of the remains or objects to a tribal group, the state archaeologist shall notify the director of the State Office of History and shall initiate contact with officials of that tribal group as designated by the Office of Indian Affairs. If, within one year of the first contact with the tribal group, the tribal group requests return of the remains or objects, the state archaeologist shall turn over to the tribal group the remains or objects. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group has not requested the return of the remains or objects, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History.
Refusal to turn over remains or objects to tribal group—Appeal,S.D. Codified Laws § 34-27-32.
Any refusal by the state archaeologist to turn over remains or objects to a tribal group after a request is made is reviewable. Any such appeal must be filed within thirty days of written notice of the refusal to the tribal group.
Reporting discovery of human skeletal remains--Failure to report as misdemeanor, S.D. Codified Laws § 34-27-25.
It is a crime to fail to report the discovery of human skeletal remains or what one believes may be human skeletal remains. A person who discovers human skeletal remains in or on the ground must immediately cease any activity which may disturb those remains and must report the presence and location of the remains to an appropriate law enforcement officer. Willful failure to report the presence or discovery of human skeletal remains or what may be human skeletal remains within forty-eight hours to an appropriate law enforcement officer is a Class 2 misdemeanor.
Specimens collected as state property--Arrangements for disposition, S.D. Codified Laws § 1-20-34.
All specimens collected under a permit becomes the permanent property of the state and the state archaeologist will make prior arrangements for the disposition of specimens derived from such activities in an appropriate institution of the state or for the loan of such specimens to qualified institutions in or out of the state.
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
Specimens collected as state property--Arrangements for disposition, S.D. Codified Laws § 1-20-34.
All specimens collected under a permit becomes the permanent property of the state and the state archaeologist will make prior arrangements for the disposition of specimens derived from such activities in an appropriate institution of the state or for the loan of such specimens to qualified institutions in or out of the state.
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What rights do nonresidents of the state maintain?
We are unable to locate information relevant to this question at this time.
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Who has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
We are unable to locate information relevant to this question at this time.
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Who has dominion and control of state historic or archaeological resources?
Cooperation with state archaeologist by public agencies, S.D. Codified Laws § 1-20-26.
All state agencies, departments, institutions, and commissions, as well as all counties and municipalities, must cooperate fully with the state archaeologist in the preservation, protection, excavation, and evaluation of specimens and sites.
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Who sits on the state historical commission, and how are these members appointed?
We are unable to locate information relevant to this question at this time.
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Who sits on the state historic preservation board and for how long?
We are unable to locate information relevant to this question at this time.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in the state?
We are unable to locate information relevant to this question at this time.
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How are cemetery records to be kept?
Burial record book required of cemetery--Indexes--Ownership records--Official inspection, S.D. Codified Laws § 34-27-6.
All copies of burial or removal permits must be retained by the person in charge of any cemetery, or place of burial, and filed as a permanent record. An exact copy of each burial or removal permit must be kept in a "burial record book," together with additional information prescribed by the secretary of health. Such "burial record book" must contain an alphabetical index of all deceased persons interred or buried in the cemetery. Such cemetery burial record must also provide a numerical or tract index, each burial or removal permit, and permit number to be marked or noted on the individual grave space upon the cemetery plat or map where such interment is or was made. The cemetery must also keep and maintain as a permanent record, the name and address of all grantees and a description of each cemetery subdivision, lot, or grave space, to whom such title has been conveyed or where certain areas have been reserved for special purposes. All burial records together with the cemetery plat or map must at all times be open to official inspection.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
Rules for acquisition and operation of properties, S.D. Codified Laws § 1-19A-11.
The State Historical Society Board of Trustees promulgates rules to acquire and dispose of historic properties and specimens and for the preservation, restoration, maintenance, and operation of properties under the jurisdiction of the office.
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How does the state manage parks and historical sites?
Functions of department, S.D. Codified Laws § 1-39-5.
Department of Game, Fish, and Parks manages state parks.
Rules for acquisition and operation of properties, S.D. Codified Laws § 1-19A-11.
The State Historical Society Board of Trustees promulgates rules to acquire and dispose of historic properties and specimens and for the preservation, restoration, maintenance, and operation of properties under the jurisdiction of the office.
Coordination of activities of local commissions, S.D. Codified Laws § 1-19A-12.
The Office of History has the power and duty to coordinate the activities of local historical commissions in accordance with the state plan and programs for historic preservation.
Assistance to local commissions and private parties, S.D. Codified Laws § 1-19A-13.
The Office of History has the power and duty to provide technical and financial assistance to local historical commissions and private parties involved in historic preservation activities.
Information provided on historic properties, S.D. Codified Laws § 1-19A-14.
The Office of History has the power and duty to provide information on historic properties within the state to the agencies and instrumentalities of the federal, state, and local governments and, where appropriate, to private individuals and organizations.
Participation in conferences and programs, S.D. Codified Laws § 1-19A-6.
The Office of History has the power and duty to participate in international conferences and programs concerning historic preservation and cooperate with federal officials and agencies in the conduct of such activities.
Covenant to maintain property required to benefit from chapter, S.D. Codified Laws § 1-19A-21.
In order for a property owner to benefit from restoration or rehabilitation under the provisions of chapter 19A, Preservation of Historic Sites, the property owner must attach a restrictive covenant running with the land which states that the property shall be maintained in a manner which preserves the property's restored portions.
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What are the powers of municipal and county governments regarding park and historical sites?
County and municipal historic preservation commissions authorized—Purpose, S.D. Codified Laws § 1-19B-2.
The governing body of any county or municipality is authorized to establish a historic preservation commission to preserve, promote, and develop the historical resources of such county or municipality.
Composition of preservation commission--Residence--Terms of office, S.D. Codified Laws § 1-19B-3.
A Historic Preservation Commission consists of not less than five and not more than ten members, who are appointed by the governing body with due regard to proper representation in the fields of history, architecture, urban planning, archaeology, paleontology, and law. All members of the commission must reside within the jurisdiction of the county or municipality establishing the commission and must serve for terms not to exceed three years, and are eligible for reappointment as is specified by the governing body.
Employment of personnel, S.D. Codified Laws § 1-19B-4.
The Historic Preservation Commission may employ qualified staff personnel as it deems necessary.
Survey of local historic properties--Standards and criteria, S.D. Codified Laws § 1-19B-8.
A county or municipal historic preservation commission is authorized to conduct a survey of local historic properties, complying with all applicable standards and criteria of the statewide survey undertaken by the Office of History of the Department of Tourism and State Development.
Participation in local planning processes, S.D. Codified Laws § 1-19B-10.
A county or municipal historic preservation commission is authorized to participate in the conduct of land-use, urban renewal, and other planning processes undertaken by the county or municipality.
Cooperation with governmental agencies, S.D. Codified Laws § 1-19B-11.
A county or municipal historic preservation commission is authorized to cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.
Contractual powers of preservation commission, S.D. Codified Laws § 1-19B-12.
A county or municipal historic preservation commission is authorized to contract, with the approval of the local governing body, with the state or the federal government, or any agency of either, or with any other organization.
Acquisition of historic properties, S.D. Codified Laws § 1-19B-13.
A county or municipal historic preservation commission is authorized to acquire fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation.
Title to property acquired--Supervision and control,S.D. Codified Laws § 1-19B-14.
All lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by a county or municipality shall be acquired in the name of the county or municipality unless otherwise provided by the governing board. Historic properties owned by the county or municipality, may be maintained by or under the supervision and control of the county or municipality. However, all lands, buildings, or structures acquired by an historic preservation commission from funds other than those appropriated by a county or municipality must be acquired and held in the name of the Historic Preservation Commission, the county or municipality, or both.
Maintenance and operation of historic properties, S.D. Codified Laws § 1-19B-15.
A county or municipal historic preservation commission is authorized to preserve, restore, maintain, and operate historic properties under the ownership or control of the commission.
Acquisition of historic easements—Definition, S.D. Codified Laws § 1-19B-16.
A county or municipality may acquire, by purchase, donation, or condemnation, historic easements in any area within their respective jurisdictions wherever and to the extent that the governing body of the county or municipality determines that the acquisition will be in the public interest. A historic easement is any easement, restriction, covenant, or condition running with the land, designated to preserve, maintain, or enhance all or part of the existing state of places of historical, architectural, archaeological, paleontological, or cultural significance.
Lease or disposition of historic properties--Rights reserved, S.D. Codified Laws § 1-19B-17.
A county or municipal historic preservation commission is authorized to lease, sell, and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.
Recommendations and information to governing body, S.D. Codified Laws § 1-19B-19.
A county or municipal historic preservation commission is authorized to recommend ordinances and otherwise provide information for the purposes of historic preservation to the county or municipal governing body.
Governing body's power to protect historic properties, S.D. Codified Laws § 1-19B-53.
In addition to any power or authority of a county or municipality to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of a county or municipality is empowered to provide by regulations, special conditions, or restrictions for the protection, enhancement, preservation and use of historic properties. Such regulations, special conditions, and restrictions may include appropriate and reasonable control of the use or appearance of adjacent or associated private property within the public view, or both.
Exemption of historic properties from health and building codes, S.D. Codified Laws § 1-19B-54.
The governing body of a county or municipality, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt an historic property from the application of such standards contained in the county or municipal health or building codes, if the governing body determines, upon recommendation of the local historic preservation commission, that the standards would otherwise prevent or seriously hinder the preservation or restoration of a historic property.
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How do county and municipal governments oversee cemetery property?
Regulation and operation of cemeteries, S.D. Codified Laws § 9-32-13.
Every municipality has the power to establish, maintain, and regulate cemeteries, to cause cemeteries to be removed and prohibit their establishment, and to provide for the operation and control of any cemetery belonging to the municipality by a corporation or association organized for cemetery purposes.
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What are the powers and duties of the state historical commission?
Preparation of preservation plan--Review and revision, S.D. Codified Laws § 1-19A-10.
The Office of History has the power and duty to prepare the state's preservation plan and review that plan annually and revise it accordingly.
Rules for acquisition and operation of properties, S.D. Codified Laws § 1-19A-11.
The State Historical Society Board of Trustees promulgates rules to acquire and dispose of historic properties and specimens and for the preservation, restoration, maintenance, and operation of properties under the jurisdiction of the office.
Coordination of activities of local commissions, S.D. Codified Laws § 1-19A-12.
The Office of History has the power and duty to coordinate the activities of local historical commissions in accordance with the state plan and programs for historic preservation.
Assistance to local commissions and private parties, S.D. Codified Laws § 1-19A-13.
The Office of History has the power and duty to provide technical and financial assistance to local historical commissions and private parties involved in historic preservation activities.
Information provided on historic properties, S.D. Codified Laws § 1-19A-14.
The Office of History has the power and duty to provide information on historic properties within the state to the agencies and instrumentalities of the federal, state, and local governments and, where appropriate to private individuals and organizations.
Participation in conferences and programs, S.D. Codified Laws § 1-19A-6.
The Office of History has power and duty to participate in international conferences and programs concerning historic preservation and cooperate with federal officials and agencies in the conduct of such activities.
Cooperation with other governmental agencies, S.D. Codified Laws § 1-19A-7.
The Office of History has the power and duty to cooperate with federal, state, and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in overall land use planning.
Rules promulgated by State Historical Society Board of Trustees,S.D. Codified Laws § 34-27-30.
The State Historical Society Board of Trustees shall promulgate rules:
1. To establish the persons who may be authorized by the state archaeologist to disturb human skeletal remains and funerary objects and the restrictions under which such persons shall operate; and
2. To establish procedures to be followed by the state archaeologist in the final disposition of human skeletal remains and funerary objects.
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How does the state historical commission register or include historical property?
State register of historic places--Standards for listing, S.D. Codified Laws § 1-19A-5.
The Office of History maintains a state register of historic places, including all those listed on the national register of historic places. The State Historical Society Board of Trustees creates standards for the listing of a historic property on the state register based on the standards of the national register.
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What are the powers and duties of the state archaeological commission?
We are unable to locate information relevant to this question at this time.
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How is the rehabilitation and preservation of historic property conducted?
We are unable to locate information relevant to this question at this time.
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What specific historic or cultural properties are regulated by the state’s historical commission?
We are unable to locate information relevant to this question at this time.
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
We are unable to locate information relevant to this question at this time.
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How is a state historic acquisition and preservation fund administered?
Historical preservation loan and grant fund established-- Purpose--Sources of funds, S.D. Codified Laws § 1-19A-13.1.
There is established a historical preservation loan and grant fund in the Office of History. The purpose of this fund is to make loans and grants to purchase, restore, or develop historic South Dakota properties for residential, commercial, or public purposes. The State Historical Society Board of Trustees, with the approval of the Governor, may accept into the loan fund any funds which may be obtained from repayment of loan principal, interest, gifts, grants, or contributions.
Office as agency to accept donations—Exception, S.D. Codified Laws § 1-19A-9.
The Office of History is the designated the state agency with the power to accept any and all moneys provided for or made available to the State of South Dakota for the purposes of historic preservation.
Expenditure of funds by board, S.D. Codified Laws § 1-18B-4.
The State Historical Society Board of Trustees may expend any funds that are made available to it for the purposes assigned to it. Such expenditures must be made in accordance with the laws of the state and paid out on vouchers signed by the chairman of the board or a duly authorized representative of the board.
Board as trustee of property for state, S.D. Codified Laws § 1-18-30.1.
The State Historical Society Board of Trustees is the trustee of the state for all assigned to it and shall expend and apply all money received from the state to the uses and purposes directed by law. It holds all its collections and property for the state, and establishes procedures for the review and disposition of its collections.
Qualification for federal aid, S.D. Codified Laws § 1-19A-8.
The Office of History has the power and duty to undertake the procedures necessary to qualify the state for participation in sources of federal aid for historic preservation purposes.
National register eligibility required, S.D. Codified Laws § 1-19A-13.2.
Structures which may be considered for loans or grants must either be on or eligible for the national register of historic places according to the criteria established by the national register.
Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use, S.D. Codified Laws § 1-19A-13.3.
Loans and grants may be made from the loan and grant fund by the State Historical Society Board of Trustees to individuals, corporations, or historical organizations for up to ninety percent of the cost of purchase, restoration, and development of a structure. Loans will be made at an annual interest rate of one-fourth the prime interest rate at the time the loan is made. The maximum amount of a loan for any one structure is twenty-five thousand dollars. Loans may not be extended beyond a three-year period, nor may they be renewed. Loans and grants may be made to nonprofit historical organizations, municipalities, and other local governmental entities for the full cost of purchase, restoration, and development of structures that will have a public use.
Appropriations for operating expenses and acquisition and management of historic properties, S.D. Codified Laws § 1-19B-7.
The governing board of a county or municipality is authorized to make appropriations to an historic preservation commission in any amount that it may determine necessary for the expenses of the operation of the commission, and may make available any additional amounts necessary for the acquisition, restoration, preservation, operation, and management of historic properties.
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How are trust funds for the maintenance of cemeteries established and administered?
Perpetual care trust fund--Crediting of income, S.D. Codified Laws § 9-32-18.
Payments for perpetual care are permanently set aside in a trust fund, and only the income from the trust fund investments may be used for the care and maintenance of the cemetery. Income from perpetual care investments is credited to the cemetery maintenance account as maintained within the municipal general fund. Income received from the sale of burial spaces is credited to the cemetery maintenance account.
Use of perpetual care fund for land acquisition, S.D. Codified Laws § 9-32-20.
A municipality may extend the boundaries of a cemetery, or acquire land removed from the present cemetery, and use a portion of the perpetual care trust fund under the following conditions: If the trust fund is in the amount of $50,000 or more, and the governing board deems it necessary to acquire more land for the interment of the deceased. $1,000 for each three thousand dollars in excess of fifty thousand dollars may be expended for this purpose. The expenditure of perpetual care trust funds as outlined above may be a onetime expenditure only.
Use of perpetual care trust fund to maintain cemetery, S.D. Codified Laws § 9-32-20.1.
A municipality may expend a portion of the perpetual care trust fund to maintain the cemetery. However, only amounts in excess of $50,000 may be expended and used for cemetery purposes only. For expenditures in excess of $5,000, notice of hearing will be published twice, with the second notice not less than ten days in advance of the hearing.
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How are state historic archives maintained?
The state archives established, S.D. Codified Laws § 1-18C-2.
The state archives is a program in the Office of History in the Department of Tourism and State Development.
Duty of archivist--Policies and procedures, S.D. Codified Laws § 1-18C-4.
The state archivist administers the state archives, and in so doing formulates policies, establishes organizational and operational procedures, and exercises general supervision pursuant to the objectives and purposes of the state archives.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
Agreements involving archaeological survey or assessment work-- Fee schedule, S.D. Codified Laws § 1-20-21.1.
The state archaeologist may enter into agreements involving archaeological survey or assessment work with any state or federal department, agency, institution, or political subdivision, or with a private contractor. The State Historical Society Board of Trustees may promulgate rules to establish a fee schedule for recovery of exploratory, laboratory, reporting, and administrative costs incurred by the state archaeologist in the performance of his duties.
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What funding exists for state historical education efforts?
We are unable to locate information relevant to this question at this time.
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What funding exists for state museums’ scientific services?
We are unable to locate information relevant to this question at this time.
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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
We are unable to locate information relevant to this question at this time.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
We are unable to locate information relevant to this question at this time.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
We are unable to locate information relevant to this question at this time.
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What tribes are recognized in the state?
We are unable to locate information relevant to this question at this time.
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Are the state recognized tribes different from the federally-recognized tribes in the state?
We are unable to locate information relevant to this question at this time.
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgement of constituent groups?
We are unable to locate information relevant to this question at this time.
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Decision- Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects, S.D. Codified Laws § 34-27-31.
If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum must contact the state archaeologist within fifteen days of the find. Within a reasonable period of time from contact by the institution or museum, and no longer than one year, the state archaeologist must identify the remains or objects. If review by the state archaeologist demonstrates to his satisfaction that the remains or objects are not directly related to a tribal group, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History. If review by the state archaeologist demonstrates to his satisfaction that there is a direct relationship of the remains or objects to a tribal group, the state archaeologist will notify the director of the State Office of History and will initiate contact with officials of that tribal group as designated by the Office of Indian Affairs. If, within one year of the first contact with the tribal group, the tribal group requests return of the remains or objects, the state archaeologist shall turn over to the tribal group the remains or objects. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group has not requested the return of the remains or objects, the state archaeologist is responsible for their final disposition after consultation with the director of the State Office of History.
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How are Indian sacred sites regulated?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian Affairs Commission or equivalent?
Office of Tribal Governmental Relations established—Purposes, S.D. Codified Laws § 1-4-1.
The Office of Tribal Governmental Relations aides in securing and coordinating federal, state, and local resources to help solve Indian problems and to serve as an advocate of the Indian people.
Direction and supervision by office of Governor--Independent functions retained by office, S.D. Codified Laws § 1-4-1.1.
The Office of Tribal Governmental Relations is administered under the direction and supervision of the Office of the Governor, but the office retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions otherwise vested in it and exercises those functions independently of the Governor.
Advice and assistance to Office of Tribal Government Relations, S.D. Codified Laws § 1-52-12.
The Governor invites and solicits the officials of the Bureau of Indian Affairs and officials of the Division of Indian Health of the United States Public Health Service, the United States Departments of Housing and Urban Development, Labor, Justice, Agriculture, and Transportation, and the United States Department of Health and Human Services, the United States Attorney's Office for the district of South Dakota, and the United States Economic Development Administration, to participate and act in an advisory capacity to the Office of Tribal Governmental Relations.
Any state agency, commission, board, department, or institution will render such advice and assistance to the Office of Tribal Governmental Relations as the office may deem necessary to fulfill its duties.
Consultation with tribal government regarding state programs, S.D. Codified Laws § 1-4-26.
It is State policy to consult with a tribal government regarding the conduct of state government programs which have the potential of affecting tribal members on the reservation
Responsibilities of State-Tribal Relations Committee, S.D. Codified Laws § 2-6-23.
The State-Tribal Relations Committee conducts continuously study of the relationship between the state and its political subdivisions and the tribes and their tribal governments. The committee studies and considers matters concerning jurisdiction, taxation, gaming, economic development and community relations. The committee serves as a forum for the discussion of issues of mutual concern to the state and the tribes and attempts to foster state-tribal cooperation. The committee draws upon public input from all those who may be concerned and knowledgeable about state-tribal relations whether Indian or non-Indian, whether tribal members or nontribal members. The committee may present draft legislation and policy recommendations to the Legislative Research Council Executive Board to effectuate its mission.
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How is the state Indian Affairs Commission or equivalent composed?
Direction and supervision by office of Governor--Independent functions retained by office, S.D. Codified Laws § 1-4-1.1.
The Office of Tribal Governmental Relations is administered under the direction and supervision of the Office of the Governor, but the office retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions otherwise vested in it and shall exercise those functions independently of the Governor.
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What are the powers and duties of the state Indian Affairs Commission?
We are unable to locate information relevant to this question at this time.
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Is there a State Indian cultural heritage commission?
We are unable to locate information relevant to this question at this time.
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Special Funding
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What special funding sources are there for state recognition or acknowledgement of constituent groups?
We are unable to locate information relevant to this question at this time.
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All citations refer to the Oklahoma State Code, which can be accessed in its entirety at http://legis.state.sd.us/statutes/TitleList.aspx
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