State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2498: historic preservation; rangeland improvements; requirements

PRIME SPONSOR: Representative Cook, LD 8

BILL STATUS: Caucus & COW

LARA: DP 5-2-0-1

Legend: ASLD – Arizona State Land Department SHPO – State Historic Preservation Officer MOU – memorandum of understanding Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to the SHPO and rangeland improvement projects.

Provisions

1.       Prohibits the SHPO from implementing or requiring reviews, inventories or conditions of an MOU that exceed state law. (Sec. 1)

2.       Requires the SHPO, in conjunction with the appropriate state agency, to develop a streamlined survey report process for rangeland improvement projects that allows:

a.        an individual who has completed a national culture resources training program or a similar course of study to perform the survey report;

b.       supervised volunteers to review minimal disturbance projects;

c.        the property owner to provide a safe buffer zone in which projects may be moved to avoid disturbing historic artifacts; and

d.       projects that provide a safe buffer zone of less than 50 feet to proceed without a complete site inventory. (Sec. 2)

3.       Declares the SHPO or the State Museum is responsible for securing, developing and providing an inventory and associated costs for rangeland improvement projects that produce minimal ground disturbance. (Sec. 2)

4.       Allows submission of survey reports to the SHPO with approval of the appropriate state agency director. (Sec. 2)

5.       Makes technical and conforming changes. (Sec. 1, 2)

Current Law

The SHPO advises, assists and monitors federal and state agencies and political subdivisions in carrying out their historic preservation responsibilities, and cooperates with federal and state agencies, political subdivisions and other persons to ensure that historic properties, historic private burial sites and cemeteries are taken into consideration at all levels of planning and development (A.R.S. § 41-511.04).

Each state agency is responsible for the preservation of historic properties under their ownership or control and must, in cooperation with the SHPO, establish a program to locate, inventory and nominate those that appear to meet the criteria for inclusion on the Arizona Register of Historic Places (A.R.S. §§ 41-861 and 41-862).

If the existence of any archeological, paleontological or historic site or object that is at least 50 years is discovered during a survey, excavation, construction or other like activity on lands owned or controlled by the State, a state agency, county or municipal corporation, the person in charge must promptly notify the State Museum Director and immediately take all reasonable steps to secure and maintain its preservation (A.R.S. § 41-844).

Additional Information

On October 30, 2017, the SHPO signed an agreement with the Natural Resources Conservation Service and the ASLD related to the process of conducting cultural resources field surveys on State lands and maintaining compliance with § 106 of the National Historic Preservation Act.

 

 

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Fifty-third Legislature               HB 2498

Second Regular Session            Version 2: Caucus & COW

 

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