Assigned to NREW & GOV FOR COMMITTEE
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Assigned to NREW & GOV FOR COMMITTEE
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ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
historic preservation; rangeland improvements; requirements
Purpose
Requires the State Historic Preservation Officer (SHPO) to establish a streamlined survey report for improvements on state land.
Background
The Arizona State Parks Board (Board) is responsible for the State Historic Preservation Program, including the program established pursuant to the National Historic Preservation Act of 1966. The Governor is required to designate a SHPO to serve as a full-time employee of the Board with expertise in the field of historic preservation. The SHPO administers the State Historic Preservation Program (A.R.S. § 41-511.02).
A person in charge of a survey, excavation, construction or similar activity on lands owned or controlled by Arizona or a political subdivision of Arizona is required to promptly report to the Director of the Arizona State Museum the existence of any archaeological, paleontological or historical site or object that is at least 50-years-old and is found on the land. The person must take all reasonable steps to immediately secure and maintain its preservation (A.R.S. § 41-844).
Statute outlines additional requirements relating to: 1) reporting procedures; 2) respectful treatment and minimal disturbance of all human remains and funerary objects; and 3) the protection of the constitutional rights of property owners (A.R.S. § 41-865).
An improvement is anything on state land that: 1) is permanent; 2) is a result of labor or capital expended by a lessee or its predecessors; and 3) enhances the value of the land (A.R.S. § 37-101).
According to the JLBC Fiscal Note, there is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the SHPO to enter into agreements that are consistent with state and federal laws.
2. Requires the SHPO to develop, in conjunction with the appropriate state agency, a process for a streamlined survey report of state land improvements. The process must allow:
a) an individual who has completed specified training to perform the survey report;
b) the designation of a buffer zone to avoid disturbing artifacts;
c) the use of supervised volunteers who have completed the required training; and
d) reasonable and prudent buffer zones of at least 75-feet around known sites for archaeology monitoring.
3. Allows each survey report to be submitted to the SHPO with the approval of the appropriate state agency director.
4. Stipulates that the requirements related to improvement projects and survey reports do not interfere with existing tribal contracts or tribal cultural resources.
5. Makes technical changes.
6. Becomes effective on the general effective date.
House Action
LARA 2/08/18 DP 5-2-0-1
3rd Read 2/22/18 44-11-5
Prepared by Senate Research
March 8, 2018
KK/IC/lat