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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
]]]] 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
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