SHPO’s Federal Mandate• Conducting a comprehensive survey of historic properties• Maintaining an inventory of historic properties• Administering state programs of Federal assistance• Identifying and nominating eligible properties to the NR• Advising and assisting Federal, State and local governments

in matters of historic preservation• Preparing and implementing a statewide historic preservation

plan• Providing public information, education, training and

technical assistance• Working with local governments in the development of

local historic preservation programs and help them become "certified local governments”

• Provide consultation for Federal undertakings under the Section 106 provision of the National Historic Preservation Act

SHPO’s State Mandate

• Promoting historic preservation efforts within state government

• Coordinating with tribal governments on historic preservation matters

• Maintaining and managing historic house museums and historic sites

• Coordinating state heritage tourism efforts• Holding and enforcing historic preservation easements• Managing State Rehabilitation Tax Credit programs• Maintaining state granting programs• Supporting Main Street communities and revitalization

efforts• Providing consultation for State undertakings, similar to the

Section 106 provision of the National Historic Preservation Act

http://www.lrc.ky.gov/Statutes/statute.aspx?id=4804

Some states, like Kentucky, include the duties of the SHPO in their preservation laws. You will notice in the Kentucky law that, along with outlining the duties and functions of the Heritage Council, the law defines the duties of the SHPO.

State Laws: General

Beyond the role that state governments play in implementing federal programs, they also administer

historic properties through state laws and programs like state registers, laws requiring the preservation of state

government owned buildings, laws protecting properties from state actions, enabling laws authorizing local

preservation ordinances, easement programs, and in some states, tax credit programs. There are also state

environmental laws that address preservation concerns. There are also growing numbers of state laws addressing archaeology. Take a look at some of the things that states

have done to address preservation on their own terms, beyond fulfilling the duties set forth by federal and state

laws.

What have states done?• Preservation of the built environment included as goal in some state

constitutions

• States have enacted laws creating state agencies preservation responsibilities and, in some cases, a state register of historic places

• Many states have enacted Antiquities-style or ARPA-style acts

• Majority of states have environmental policy act, which require adverse effects of government actions on historic resources be considered and mitigated

• States have granted powers to local governments to preserve historic resources through zoning, establishing historic districts and commissions, and through planning, acquiring, and utilizing other preservation mechanisms

Types of State Laws• Constitutional Provisions

• State Historic Preservation Acts (Mini-NHPAs)

• State Registers

• State Environmental Protection Acts (Mini-NEPAs)

• State “Feasible and Prudent” (transportation)

• State Archaeology Laws

• Enabling Statutes for Local Ordinances

• Easement Enabling Laws

• State Tax Incentives

State Constitutional Provisions:Several states have constitutional provisions that specifically authorize and encourage preserving what may be called the beauty of the environment. This doesn’t just apply to natural scenic beauty. It can mean archaeological resources, specific buildings, townscapes, and other heritage resources. Take a look at a few constitutional provisions.

Constitution of Massachusetts, Amend. Art. 51

• The preservation and maintenance of ancient landmarks and other property of historical or antiquarian interest is a public use, and the commonwealth and the cities and towns therein may, upon payment of just compensation, take such property or any interest therein under such regulations as the general court may prescribe.

Alaska ConstitutionArticle VIII, Section 7

• Special Purpose Sites. The Legislature may provide for the acquisition of sites, objets, and areas of natural beauty or of historic, cultural, recreational, or scientific value. It may reserve them from the public domain and provide for their administration and preservation for the use, enjoyment, and welfare of the people.

Why would a constitutional provision be helpful?

Not all states are created equal…Most states DON’T have constitutional provisions. So, for whatever state you may end up working in, or looking to work in, its worth a look to see if there is a constitutional provision for preservation. It provides a good legal basis for the creation and enforcement of preservation laws and demonstrates the value the state places on preservation.

Alaska’s Mini-NHPAAlaska Statutes §41.35.070

Alaska Historic Preservation Act

Take a look at the policy section of the Alaska Historic Preservation Act, which is very similar to the National Historic Preservation Act’s Declaration of Policy. Preserving historic, prehistoric, and archaeological resources from loss, desecration, and destruction, so we can pass on all of this goodness to future generations.

Alaska Historic Preservation Act

41.35.010. Declaration of Policy. It is the policy of the state to preserve and protect the historic, prehistoric, and archaeological resources of Alaska from loss, desecration, and destruction so that the scientific, historic, and cultural heritage embodied in these resources may pass undiminished to future generations. To this end, the legislature finds and declares that the historic, prehistoric and archaeological resources of the state are properly the subject of concerted and coordinated efforts exercised on behalf of the general welfare of the public in order that these resources may be located, preserved, studied, exhibited, and evaluated.

Alaska Historic Preservation Act

The Alaska law was enacted in 1971, by government standards pretty quickly after the NHPA equivalent. The law encompasses a bit more than the federal one, but in general Alaska’s law creates a historic commission, allows for the designation of monuments and parks, makes it unlawful to vandalize sites, and like the National Act, addresses threats to cultural resources from state projects.

Alaska Historic Preservation Act• Alaska Statutes 41.35

• Implemented in 1971

• Deals with

– Alaska Historic Commission

– Designation of historic monuments and parks

– Unlawful acts such as vandalizing cultural sites

– Threats to cultural resources by state projects

Totem Bight State Historical Park

Alaska Historic Preservation Act

Alaska requires a review of state projects. For public construction projects that involve state land, funding. or permits, there is a process similar to Section 106.

Preservation of historic, prehistoric & archaeological resources threatened by public construction (AS 41.35.070)

• “Public construction” includes any projects involving:

–State land

–State funding

–State permits

Flotsam cleanup project near prehistoric site on State land, Gore Point

Alaska Historic Preservation Act

The law also allows for a survey of the area that is affected by the state action to see if there is anything of historic value, and if its determined that a site will be impacted, there are requirements for mitigation prior to development.

AS 41.35.070(b)

Archaeological survey, Kodiak

Department may archaeologically survey affected area before public construction occurs to determine if the area contains historic or prehistoric values.

–Allows OHA to review State projects & provide recommendations regarding surveys

AS 41.35.070 (c)If the department determines that historic, prehistoric, or archaeological sites will be adversely affected by public construction, the project may not commence until the department has performed the necessary investigation, recording and salvage of the site. Data recovery at the

Unalaska Bridge Site

California Historic Preservation Act

California has its own historic resources law, or mini-NHPA, with a requirement addressing state actions that will lead to the demolition certain buildings. Take a look at the types of resources that are protected. Is it only National Register buildings? State register? Local registers? Eligible properties or only listed ones?

California Looks Before it LeapsCalifornia Public Resources Code

Citation: § 5027: Historical resources: demolition or alteration of state-owned structure on National Register of Historic Places

Summary:Requires prior approval of the state legislature by statute for the transfer of any building or structure from state ownership to another public agency if such property is listed in the National Register of Historic Places and will be demolished, destroyed or significantly altered as a result of the transfer. Prohibits the demolition, destruction or significant alteration of such properties, except for restoration to preserve or enhance their historic value.

Hawaii Historic Preservation ActHawaii has a very strong Historic Preservation Act. Before starting any project which might affect an historic property, aviation artifacts, or a burial site, there is a requirement to notify the Department of Land and Natural Resources and allow the it an opportunity to review of the effect of the proposed project - especially those listed in the Hawaii register of historic places. A project is not supposed to start, or if you find something in the process of completing a project, until the department has given written concurrence. It also provides an appeals process that allows the agency or officer in charge to apply to the governor if concurrence has not been obtained from the department within 90 days of a request. It authorizes the governor to request the state’s Advisory Council on Historic Preservation to report or even to take any action the governor deems best. It further requires that the Department of Hawaiian Home Lands, prior to any proposed project relating to lands under its jurisdiction, consult with the Department of Lands and Natural Resources about the effect of the project on historic property or a burial site. The state, its political subdivisions, agencies and officers must also report to the department when they find any kind of historic property during any project and to cooperate with the department to investigate, record, preserve and salvage the property.

As does the Aloha State...Hawaii Revised Statutes § 6E- 8: Historic preservation program: review of effect of proposed state projects

Directs any agency or officer of the state or its political subdivisions, before commencing any project which may affect historic property, aviation artifacts or a burial site, to notify the Department of Land and Natural Resources and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts or burial sites consistent with 6E-43, especially those listed in the Hawaii register of historic places. Requires that the project should not commence or continue until the department shall have given its written concurrence. Enables the agency or officer seeking to proceed with the project to apply to the governor if concurrence has not been obtained from the department within 90 days of a request. Authorizes the governor to request the Hawaii advisory council on historic preservation to report or to take such action as the governor deems best in overruling or sustaining the department. Directs the Department of Hawaiian Home Lands, prior to any proposed project relating to lands under its jurisdiction, to consult with the Department of Lands and Natural Resources regarding the effect of the project on historic property or a burial site. Requires the state, its political subdivisions, agencies and officers to report to the department the finding of any historic property during any project and to cooperate with the department in the investigation, recording, preservation and salvage of the property.

Guam Historic Preservation ActU.S. territories also use this idea of considering what is going on at a site prior to starting a project. Guam, for example, has an archaeological procedural requirement.

So does GuamGuam Code

Citation: Title 21 §76204: Archeological investigation, recording and salvage; appropriations

Requires that one percent of the appropriation for any public construction or improvement project shall be expended by the Department of Parks and Recreation for any necessary archeological investigation, recording and salvage at the site of such construction or improvement if the project is undertaken by a government agency on lands which are controlled or owned by the territory and which are sites of historic or prehistoric interest or locations of prehistoric or historic remains.

look before you leap!!

There are many state requirements similar to the federal ones requiring that before an agency undertake anything that it consider what the project entails, talk to the right people, follow the right procedures, sometimes do the necessary thing to mitigate problems - be that not destroy a historic resource in California - or to do the proper surveys in places like Guam.