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REFERENCE TITLE: national monuments; justification; litigation |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2585 |
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Introduced by Representatives Thorpe, Barton, Senator Allen S: Representatives Allen J, Borrelli, Campbell, Lawrence, Livingston, Shope
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AN ACT
amending section 41-151.20, Arizona Revised Statutes; relating to national monuments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-151.20, Arizona Revised Statutes, is amended to read:
41-151.20. Historical advisory commission; membership; terms; expenses; duties; historic sites review committee; national monuments; attorney general; litigation
A. A historical advisory commission is established consisting of members appointed by the director for staggered terms of three years ending on July 1. The commission membership of not less than ten nor more than twenty-five members shall consist of experts in the disciplines of history, arts and culture, architecture and archaeology, professional librarians and archivists or persons otherwise associated with the interpretation, research, writing, preservation or teaching of this state's heritage, including the Indian nations' history and heritage, and the director of the Arizona historical society, the director of the state museum, the director of the Arizona state parks board, the director of the office of tourism or the director's designee, the superintendent of public instruction or the superintendent's designee and the state historic preservation officer.
B. Members shall serve without compensation but those employed by the state shall be reimbursed for travel and subsistence by the department or agency they represent and those who are not employed by the state are eligible for reimbursement of expenses by the commission pursuant to title 38, chapter 4, article 2.
C. The commission shall:
1. Advise the legislature and state agencies on matters relating to this state's history and historic preservation.
2. Recommend measures to the legislature and state agencies to coordinate or improve the effectiveness of activities of state agencies and agencies of the political subdivisions of this state and other persons relating to the interpretation, research, writing and teaching of this state's history, heritage and historic preservation, including the Indian nations' history, heritage and preservation.
3. Advise the legislature and state agencies on the dissemination of information pertaining to activities relating to historic preservation as provided in paragraph 2 of this subsection.
4. Encourage, in cooperation with appropriate public and private agencies, the Indian nations and other persons, training and education in the field of the interpretation, research, writing and teaching of this state's history, heritage and historic preservation.
5. Assist in the establishment of the Arizona register of heritage agriculture as provided in section 3‑162.
6. maintain a catalog of each existing or newly created national MONUMENT in this state. For each national monument, The commission shall request from the federal government the following:
(a) a detailed accounting of each individual item to be protected.
(b) the precise global positioning system location of each item to be protected.
(c) the square footage that each item to be protected occupies.
(d) the total square footage of the parcel of land comprising the national monument.
(e) a peer-reviewed justification for the protection of the object by the federal government.
7. Determine whether the limits of a parcel comprising a national monument in this state are confined to the smallest area compatible with the proper care and management of the objects to be protected by the national monument.
6. 8. Submit annually on September 30 a report of the commission's activities to the director for inclusion in the annual report of the state library.
D. A historic sites review committee consisting of nine members is established to serve as a standing committee of the historical advisory commission. The state historic preservation officer shall appoint committee members for staggered terms of three years ending on July 1. The state historic preservation officer may appoint persons other than commission members to serve on the committee and shall appoint at least five persons who are professionals qualified in the disciplines of history, prehistoric and historic archaeology, architectural history or architecture. The committee shall select annually at the first meeting a chairman who is a commission member. The chairman shall report on committee activities at commission meetings. The committee shall assist in the duties prescribed in this section and by federal law, review nominations to the national and state historic registers, provide general advice and guidance to the state historic preservation officer and perform other duties as are necessary. On or before September 1 of each year, the state historic preservation officer shall submit a report of the committee's activities to the governor, the president of the senate, the speaker of the house of representatives and the director, including information prescribed in sections 41‑862 and 41‑881.
E. If the commission determines pursuant to subsection C, paragraph 7 of this section that the limits of a parcel comprising a national monument in this state are not confined to the smallest area compatible with the proper care and management of the objects to be protected by the national monument, the commission shall notify the attorney general. On receipt of the notice, the attorney general shall commence an action to confine the limits of the parcel comprising the national monument to the smallest area compatible with the proper care and management of the objects to be protected by the national monument.