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HB2790 - 572R - I Ver
REFERENCE TITLE:
state historic preservation office;
duties
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2790
Introduced by
Representative
Diaz
AN
ACT
Amending sections 41-511.02 and
41-511.04, Arizona Revised Statutes; APPROPRIATING monies; relating to the
Arizona state parks board.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-511.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-511.02.
Director; qualifications; state historic preservation officer
A. The governor shall appoint a full-time
director pursuant to section 38-211 who shall:
1. Not be a member of the Arizona state parks board.
2. Serve at the pleasure of the governor.
3. Be qualified by successful experience in
administration in business or in government.
4. Have a knowledge of or training in the multiple
use of lands and the conservation of natural resources.
B. The governor shall designate a full-time
employee of the board with professional competence and expertise in the field
of historic preservation as the
"
state historic
preservation officer
"
to administer the state
historic preservation program.
C. The state historic preservation
officer pursuant to subsection B of this section shall only report to the
Arizona state parks board and not any other entity or person regarding the
state historic preservation program or any other functions or duties of the
State historic preservation office.
D. The state historic preservation
officer and the state HISTORIC preservation office are subject to performance
evaluations and administrative OVERSIGHT by only the arizona state parks board.
E. The state historic preservation
office shall submit the office's annual budget request directly to the governor's
office of strategic planning and BUDGETING. The arizona state parks board may
not review, alter or SUPPRESS the office's budget request.
END_STATUTE
Sec. 2. Section 41-511.04, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-511.04.
Duties; board; partnership fund; state historic preservation
officer; definition
A. The board shall:
1. Select areas of scenic beauty, natural features
and historical properties now owned by
the
this
state, except properties in the care and custody of other agencies by
virtue of agreement with
the
this
state or as established by law, for management, operation and further
development as state parks and historical monuments.
2. Manage, develop and operate state parks,
monuments or trails established or acquired pursuant to law, or previously
granted to
the
this
state for park
or recreation purposes, except those falling under the jurisdiction of other
state agencies as established by law.
3. Investigate lands owned by the state to determine
,
in cooperation with the agency that manages the land
,
which tracts should be set aside and dedicated for use as
state parks, monuments or trails.
4. Investigate federally owned lands to determine
their desirability for use as state parks, monuments or trails and negotiate
with the federal agency having jurisdiction over such lands for the transfer of
title to the Arizona state parks board.
5. Investigate privately owned lands to determine
their desirability as state parks, monuments or trails and negotiate with
private owners for the transfer of title to the Arizona state parks board.
6. Enter into agreements with the United States,
other states or local governmental units, private societies or persons for the
development and protection of state parks, monuments and trails.
7. Plan, coordinate and administer a state historic
preservation program, including the program established pursuant to the
national historic preservation act of 1966, as amended.
8. Advise, assist and cooperate with federal and
state agencies, political subdivisions of this state and other persons in
identifying and preserving properties of historic or prehistoric significance.
9. Keep and administer an Arizona register of
historic places composed of districts, sites, buildings, structures and objects
significant in this state's history, architecture, archaeology, engineering and
culture that meet criteria that the board establishes or that are listed on the
national register of historic places. Entry on the register requires
nomination by the state historic preservation officer and owner notification in
accordance with rules that the board adopts.
10. Accept, on behalf of the state historic
preservation officer, applications for classification as historic property
received from the county assessor.
11. Adopt rules with regard to classification of
historic property including:
(a) Minimum maintenance standards for the property.
(b) Requirements for documentation.
12. Monitor the performance of state agencies in
the management of
managing
historic
properties as provided in chapter 4.2 of this title.
13. Advise the governor on historic preservation
matters.
14. Plan and administer a statewide parks and
recreation program, including the programs established pursuant to the land and
water conservation fund act of 1965 (P.L. 88-578; 78 Stat. 897).
15. Prepare, maintain and update a comprehensive
plan
for the development of
to develop
the
outdoor recreation resources of this state.
16. Initiate and carry out studies to determine the
recreational needs of this state and the counties, cities and towns.
17. Coordinate recreational plans and developments
of federal, state, county, city, town and private agencies.
18. Receive applications for projects to be funded
through the land and water conservation fund and the state lake improvement
fund on behalf of the Arizona outdoor recreation coordinating commission.
19. Provide staff support to the Arizona outdoor
recreation coordinating commission.
20. Maintain a statewide off-highway vehicle
recreational plan. The plan shall be updated at least once every
five years and shall be used by all participating agencies to guide
distribution and expenditure of monies under section 28-1176. The
plan shall be open to public input and shall include the priority
recommendations for allocating available monies in the off-highway
vehicle recreation fund established by section 28-1176.
21. Collaborate with the state forester in
presentations to legislative committees on issues associated with forest
management and wildfire prevention and suppression as provided by section 37-1302,
subsection B.
22. Support the
STATE HISTORIC PRESERVATION OFFICE
only
ADMINISTRATIVEly by providing fiscal processing services, Human RESOURCE
services or INFORMATION technology services.� The board may not exercise any STRATEGIC
or policymaking control over the STATE HISTORIC PRESERVATION OFFICE.
B. Notwithstanding section 41-511.21, the
board may annually collect and
expend
spend
monies to plan and administer the land and water conservation fund
program, in conjunction with other administrative tasks and recreation plans,
as a surcharge to subgrantees in a proportionate amount, not to exceed ten
percent, of the cost of each project. The surcharge monies shall be
set aside to fund staff support for the land and water conservation fund
program.
C.
A
The
partnership
fund is established consisting of monies received pursuant to subsection B of
this section, monies received from intergovernmental agreements pursuant to
title 11, chapter 7, article 3 and monies received pursuant to section 35-148. The
board shall administer the fund monies as a continuing appropriation for the
purposes provided in these sections.
D. The state historic preservation officer shall:
1. In cooperation with federal and state agencies,
political subdivisions of this state and other persons, direct and conduct a
comprehensive statewide survey of historic properties and historic private
burial sites and historic private cemeteries and maintain inventories of
historic properties and historic private burial sites and historic private
cemeteries.
2. Identify and nominate eligible properties to the
national register of historic places and the Arizona register of historic
places and otherwise administer applications for listing historic properties on
the national and state registers.
3. Administer grants-in-aid for historic
preservation projects within this state.
4. Advise, assist and monitor, as appropriate,
federal and state agencies and political subdivisions of this state in carrying
out their historic preservation responsibilities and cooperate with federal and
state agencies, political subdivisions of this state and other persons to
ensure that historic properties and historic private burial sites and historic
private cemeteries are taken into consideration at all levels of planning and
development.
5. Develop and make available information concerning
professional methods and techniques for the preservation of historic properties
and historic private burial sites and historic private cemeteries.
6. Make recommendations on the certification,
classification and eligibility of historic properties and historic private
burial sites and historic private cemeteries for property tax and investment
tax incentives.
E. The state historic preservation officer may:
1. Collect and receive information for historic
private burial sites and historic private cemeteries from public and private
sources and maintain a record of the existence and location of such burial
sites and cemeteries located on private or public lands in this state.
2. Assist and advise the owners of the properties on
which the historic private burial sites and historic private cemeteries are
located regarding the availability of tax exemptions applicable for such
property.
3. Make the records available to assist in locating
the families of persons buried in the historic private burial sites and
historic private cemeteries.
4. COMMUNICATE freely and directly
with the governor's office, the legislature and any federal preservation
agencies without the consent, review or preauthorization of any other person or
entity.
F. For the purposes of this section, "historic
private burial sites and historic private cemeteries" means places where
burials or interments of human remains first occurred more than fifty years
ago, that are not available for burials or interments by the public and that
are not regulated under title 32, chapter 20, article 6.
END_STATUTE
Sec. 3.
Appropriation;
state historic preservation office; exemption
A. The sum of $1,000,000 is
appropriated from the state general fund in fiscal year 2026-2027 to the state
historic preservation office for all of the following purposes:
1. Proactively managing
this state's obligations under the national historic preservation act.
2. Fixing antiquated
database systems and improving access to digital records and statewide historic
resource data.
3. Restoring staffing and
pay to nationally accepted levels.
4. Improving tribal
consultation and local government technical assistance in this state.
5. Supporting rural
preservation efforts across this state.
B. The appropriation made
in subsection A of this section is exempt from the provisions of section
35-190, Arizona Revised Statutes, relating to lapsing of appropriations.