2005 Legislation
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HOUSE BILL NO. 87 – Construction, historic preservatn

HOUSE BILL NO. 87

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Bill Status



H0087......................................................by STATE AFFAIRS
CONSTRUCTION PROJECTS - HISTORIC PRESERVATION - Adds to existing law to
provide certain requirements relating to historic preservation for state
agencies and other entities of state government preparing to excavate or
perform work on property owned or controlled by the state; to provide for
optional project review by the State Historic Preservation Office; to
provide that the state agency or other entity of state government proposing
the project shall have the discretion to act upon the recommendations of
the State Historic Preservation Office.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to St Aff
02/10    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/17    3rd rdg - FAILED - 27-42-1
      AYES -- Bastian, Black, Boe, Deal, Edmunson, Field(23), Garrett,
      Henbest, Jaquet, Jones, LeFavour, Martinez, Miller, Mitchell, Nonini,
      Pasley-Stuart, Pence, Ring, Ringo, Rusche, Rydalch, Shepherd(2),
      Smith(30), Smylie(Telleria), Snodgrass, Trail, Wood
      NAYS -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
      Bilbao, Block, Bolz, Cannon, Chadderdon, Clark, Collins, Crow,
      Denney, Ellsworth, Eskridge, Field(18), Hart, Harwood, Henderson,
      Kemp, Lake, Loertscher, Mathews, McGeachin, McKague, Moyle, Nielsen,
      Raybould, Roberts, Sali, Sayler, Schaefer, Shepherd(8), Shirley,
      Skippen, Smith(24), Stevenson, Wills, Mr. Speaker
      Absent and excused -- Bradford
    Floor Sponsors - Miller & Edmunson
    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 87
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE HISTORICAL SOCIETY; AMENDING CHAPTER 41, TITLE 67, IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 67-4101,  IDAHO  CODE,  TO  PROVIDE
  4        LEGISLATIVE  INTENT;  AMENDING  CHAPTER  41,  TITLE 67, IDAHO CODE, BY THE
  5        ADDITION OF A NEW SECTION 67-4102, IDAHO CODE, TO PROVIDE CERTAIN REQUIRE-
  6        MENTS FOR STATE AGENCIES AND OTHER ENTITIES OF STATE GOVERNMENT  PREPARING
  7        TO  EXCAVATE OR PERFORM WORK ON PROPERTY OWNED OR CONTROLLED BY THE STATE,
  8        TO PROVIDE THAT THE STATE RESERVES TO ITSELF THE EXCLUSIVE RIGHT AND PRIV-
  9        ILEGE OF FIELD ARCHAEOLOGY ON SITES OWNED OR CONTROLLED BY  THE  STATE  OR
 10        OTHER  ENTITIES  OF  STATE  GOVERNMENT  AND  TO PROVIDE FOR THE USE OF ALL
 11        INFORMATION AND OBJECTS DERIVING FROM SUCH FIELD ARCHAEOLOGY; AND AMENDING
 12        CHAPTER 41, TITLE 67, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 13        67-4103,  IDAHO  CODE, TO PROVIDE FOR OPTIONAL PROJECT REVIEW BY THE STATE
 14        HISTORIC PRESERVATION OFFICE, TO PROVIDE CERTAIN  REQUIREMENTS  FOR  STATE
 15        AGENCIES  OR  OTHER  ENTITIES OF STATE GOVERNMENT PROPOSING A PROJECT THAT
 16        WILL TAKE PLACE ON STATE LANDS, OR THAT  INVOLVES  STATE-OWNED  STRUCTURES
 17        AND/OR  SITES,  TO  PROVIDE FOR RESPONSE TO PROJECT PROPOSALS BY THE STATE
 18        HISTORIC PRESERVATION OFFICE, TO PROVIDE THAT THE STATE  AGENCY  OR  OTHER
 19        ENTITY OF STATE GOVERNMENT PROPOSING THE PROJECT SHALL HAVE THE DISCRETION
 20        TO  ACT UPON THE RECOMMENDATIONS OF THE STATE HISTORIC PRESERVATION OFFICE
 21        AND TO PROVIDE FOR THE USE OF RECOMMENDATIONS OF THE STATE HISTORIC  PRES-
 22        ERVATION OFFICE.
                                                                        
 23    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 24        SECTION  1.  That  Chapter  41,  Title 67, Idaho Code, be, and the same is
 25    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 26    ignated as Section 67-4101, Idaho Code, and to read as follows:
                                                                        
 27        67-4101.  LEGISLATIVE INTENT. It is the intent of the legislature that the
 28    purpose  of  this act is to acknowledge the state's interest in and continuing
 29    obligation to recognize,  protect  and  preserve  its  heritage  and  cultural
 30    resources  by  clarifying  the role, responsibility and authority of the Idaho
 31    state historical society and by providing a mechanism for the review of build-
 32    ing or construction projects or other projects that take place on,  encompass,
 33    or  that otherwise might impact or disturb historically significant structures
 34    or archaeological sites.
                                                                        
 35        SECTION 2.  That Chapter 41, Title 67, Idaho Code, be,  and  the  same  is
 36    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 37    ignated as Section 67-4102, Idaho Code, and to read as follows:
                                                                        
 38        67-4102.  AGENCY DUTY TO NOTIFY AND COOPERATE -- RESERVATION OF RIGHT  AND
 39    PRIVILEGE.  All  state  agencies  and other entities of state government shall
 40    cooperate with the Idaho state historical society in the preservation and pro-
 41    tection of historically significant structures or archaeological sites,  here-
                                                                        
                                           2
                                                                        
  1    inafter referred to as historic properties.
  2        (1)  Any  state  agency  or  other entity of state government preparing to
  3    excavate or perform work on property owned or controlled by the  state,  shall
  4    notify  the  Idaho state historical society and shall cooperate to the fullest
  5    extent practicable with the Idaho state historical  society  to  preserve  and
  6    prevent  the  destruction  of historic properties and to allow the Idaho state
  7    historical society to provide recommendations for the preservation,  study  or
  8    adaptive reuse of such historic properties.
  9        (2)  Any  state  agency or other entity of state government contracting to
 10    excavate or perform work on property owned or controlled by  the  state  shall
 11    notify third parties contracting to perform the work of the provisions of this
 12    act.
 13        (3)  The  state of Idaho hereby reserves to itself the exclusive right and
 14    privilege of conducting field archaeology on property owned or  controlled  by
 15    the  state,  in  order  to  protect and preserve archaeological and scientific
 16    information, matter and objects. All  such  information,  matter  and  objects
 17    deriving  from  field archaeology on property owned or controlled by the state
 18    shall be utilized solely for scientific or public education purposes and shall
 19    remain the property of the state.
                                                                        
 20        SECTION 3.  That Chapter 41, Title 67, Idaho Code, be,  and  the  same  is
 21    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 22    ignated as Section 67-4103, Idaho Code, and to read as follows:
                                                                        
 23        67-4103.  PROJECT REVIEW. The state  historic  preservation  office  shall
 24    have  the  option  of reviewing all building or construction projects or other
 25    projects that take place on, encompass, or that otherwise might impact or dis-
 26    turb property owned or controlled by the state at the time the project is pro-
 27    posed.
 28        (1)  In the event  the  state  historic  preservation  office  conducts  a
 29    review,  the review will ascertain if there are any historical properties con-
 30    sisting of historically significant structures or archaeological sites, within
 31    the project area and, if so, will  recommend  modifications  to  the  proposed
 32    project  that will avoid or minimize the project's potential adverse impact on
 33    those historic properties.
 34        (2)  The state agency or other entity  of  state  government  proposing  a
 35    project  that  will  take  place  on state lands, or that involves state-owned
 36    structures and/or sites, shall submit project information to  the  state  his-
 37    toric  preservation office for review at the time planning begins in regard to
 38    the project.
 39        (a)  The state historic preservation office may  respond  to  the  project
 40        proposal within thirty (30) days after receiving sufficient project infor-
 41        mation for review.
 42        (b)  In  the event the state historic preservation office fails to respond
 43        to the project proposal as set forth in subsection (2)(a) of this section,
 44        the project may proceed.
 45        (c)  In the event the state historic preservation office responds  to  the
 46        project proposal, it may recommend that the project proceed as proposed or
 47        it may recommend that studies be conducted to identify historic properties
 48        or  project proposal modifications to avoid or minimize the adverse impact
 49        on historic properties.
 50        (3)  The state agency or other entity of state  government  proposing  the
 51    project  will have the discretion to act upon the recommendations of the state
 52    historic preservation office. The recommendations of the state historic  pres-
 53    ervation office are to be used as a planning tool to avoid unnecessary loss of
                                                                        
                                           3
                                                                        
  1    historic  properties,  or  minimize  the  potential adverse impact on historic
  2    properties, and not to specifically delay or halt a project.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE

                            RS 14476

This legislation relates to the creation of an Idaho State Historic
Review Act of 2005 by amending Chapter 41, Title 67, Idaho Code
with the addition of a new Section 67-4101 Idaho Code that
clarifies legislative intent; by amending Chapter 41, Title 67,
Idaho Code, with the addition of a new Seciton 67-4102, Idaho Code,
that recognizes a state agency's duty to cooperate; and by amending
Chapter 41, Title 67, Idaho Code, with the addition of a new
Section 67-4103, Idaho Code, that authorizes a review of projects
on state land by the State Historic Preservation Office of the
Idaho State Historical Society to, if possible, alleviate any
negative impact on the historic significance of a building or site.


                         FISCAL  IMPACT

No additional funding need is anticipated since the historic
preservation review is intended to become a part of routine
planning for projects and will take place using existing resources
within the State Historic Preservation Office (SHPO) of the Idaho
State Historical Society.



Contact   
Name:     Steve Guerber
Agency:   Historical Society
Phone:    334-2682

STATEMENT OF PURPOSE/FISCAL NOTE                        H 87