State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2498: historic preservation; rangeland improvements; requirements

PRIME SPONSOR: Representative Cook, LD 8

BILL STATUS: House Engrossed

 

Legend: ASLD – Arizona State Land Department SHPO – State Historic Preservation Officer training program – national culture resources training program Amendments – BOLD and Stricken (Committee)

Abstract

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

Provisions

1.       Allows the SHPO to enter into agreement documents to the extent consistent with applicable state and federal law. (Sec. 1)

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

a.       an individual who has completed the training program to perform the survey report;

b.       the use of supervised volunteers who have completed the training program;

c.        the designation of buffer zones in which projects may be moved to avoid disturbing artifacts; and

d.       the establishment of reasonable and prudent buffer zones of at least 75 feet around known site boundaries in which projects may be undertaken with archeology monitoring. (Sec. 2)

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

4.       Declares these requirements do not interfere with any tribal contacts or tribal cultural resources. (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).

Improvements means anything permanent in character that is the result of labor or capital expended by the lessee on State land in its reclamation or development, and the appropriation of water thereon, and that has enhanced the value of the land (A.R.S. § 37-101).

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 3: House Engrossed

 

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