A.R.S. tit. 41 ch. 4.2 — Arizona Revised Statutes Title 41 Chapter 4.2 — Historic Preservation

41-861. Agency responsibilities The chief administrator of each state agency is responsible for the preservation of historic properties which are owned or controlled by the agency. Prior to acquiring, constructing or leasing buildings for purposes of carrying out agency responsibilities, each agency shall consider the use of historic properties available to the agency. Each agency shall undertake any preservation that is necessary to carry out this article in a manner consistent with the preservation of historic properties, the duties of the agency and the professional standards which the state historic preservation officer recommends. The chief administrator of a state agency may designate a full-time employee to coordinate the agency's activities under this article. 41-862. Program In cooperation with the state historic preservation officer, each state agency shall establish a program to locate, inventory and nominate to the Arizona register of historic places all properties that are under the agency's ownership or control and that appear to meet the criteria for inclusion on the register. Each state agency shall exercise caution to assure that the property is not inadvertently transferred, sold, demolished, substantially altered or allowed to deteriorate significantly. The state historic preservation officer shall include the performance of state agencies in initiating and satisfying the programmatic management of historic properties in the annual report to the legislature and the governor as provided in section 41-151.20. 41-863. Records Each state agency shall initiate measures, in consultation with the state historic preservation officer, to assure that if, as a result of state action or assistance given by the agency, historic property is to be substantially altered or demolished, timely steps are taken to make appropriate documentary recordation in accordance with standards which the state historic preservation officer establishes. The agency shall deposit the records with the Arizona state library, archives and public records and with the state historic preservation officer for future use and reference. 41-864. Review of agency plans The state historic preservation officer has thirty working days in which to review and comment on any plans of a state agency which involve property which is included on or may qualify for inclusion on the Arizona register of historic places, including any construction project, sale, lease or acquisition of historic properties, to ensure that the prehistorical, historical, architectural or culturally significant values will be preserved or enhanced. 41-865. Disturbing human remains or funerary objects; rules; violation; classification; definitions A. A person shall not intentionally disturb human remains or funerary objects on lands, other than lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state, without obtaining the written permission of the director of the Arizona state museum. B. A person who unintentionally disturbs human remains or funerary objects on lands, other than lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state, shall report the disturbance to the director and shall not further disturb the remains or objects without obtaining the written permission of the director. C. Within one year after the effective date of this section, the director shall adopt rules relating to reporting procedures, procedures to request permission to disturb human remains and funerary objects and the standards to be used for granting permission to disturb human remains and funerary objects. These rules shall: 1. Require the director to respond within ten working days to all requests for permission to disturb. During this ten working day period the director or his designee shall inspect, if appropriate, the site of the proposed disturbance. If the director does not respond to a request to disturb within ten working days, his failure to respond to the request is deemed permission to proceed. 2. Require the respectful treatment of all human remains and funerary objects. 3. Minimize the disturbance of human remains and funerary objects and, if disturbance is necessary, provide for reburial at an appropriate site or provide for other appropriate relocation. 4. Require consultation with representatives from the scientific community and groups with a cultural affinity regarding the treatment and protection of human remains and funerary objects. 5. If Native American human remains or funerary objects are involved, give the governing body of the group with a cultural affinity the authority to take responsibility for the remains or objects and to determine the most appropriate treatment or disposition of them pursuant to subsection E. In no event shall this state or any group, individual or entity benefit financially from the sale of any human remains or funerary objects removed from private property. 6. Fully protect the constitutional rights of property owners. D. Before the adoption of rules pursuant to subsection C, the director shall respond to such requests within ten working days. E. If the director or a group with a cultural affinity in consultation with the landowner determines that human remains or funerary objects shall be preserved in place, moved or reburied, any costs required by these actions may be borne either wholly or partially by the landowner. If the landowner is unwilling or unable to bear the costs required, the acquisition and preservation fund shall bear the full cost of removal. A group or institution taking responsibility for these remains or objects shall bear the cost of their preservation or reburial. If there are insufficient monies in the acquisition and preservation fund, or if the director is unable or unwilling to allocate monies for the removal and no other source is available to pay for removal within the ten working day period, the landowner, the lessee or the landowner's or lessee's agent may proceed with work on a construction project or similar project without violating the provisions of subsection A or B. The removal of all remains and objects under this subsection shall take place within ten working days of the request for the permission to disturb unless the owner of the property where the remains or objects are located agrees to an extension of this period. F. If it is necessary to move the object before completion of the proceedings prescribed by this section in order to permit the continuation of work on a construction project or similar project, the director shall require that the move be accomplished in the manner that will least disturb and best preserve the remains or the objects. G. A person who intentionally possesses, sells or transfers any human remains or funerary objects that are excavated or removed in violation of subsection A or B is guilty of a class 5 felony. On conviction the person forfeits to the Arizona state museum all human remains, funerary objects and other artifacts removed in connection with the violation of subsection A or B and all proceeds from the sale of these remains, objects or artifacts. H. A person who otherwise intentionally violates subsection A or B is guilty of a class 1 misdemeanor. On conviction the person forfeits to the Arizona state museum all human remains, funerary objects and other artifacts removed in connection with the violation of subsection A or B. I. The state agrees to indemnify and hold harmless landowners, lessees or their agents who seek permission under this section from any accidents, injuries or losses caused by state employees or their designees as a result of this section. J. For the purposes of this section: 1. "Director" means the director of the Arizona state museum. 2. "Funerary object" means an object discovered in close proximity to human remains and interred with the remains. 3. "Group" includes American Indian tribes. 4. "Group with cultural affinity" means any group that has cultural affinity with the human remains or funerary objects in light of all of the relevant evidence. 5. "Human remains" means any remains of a human being who died more than fifty years before the remains are discovered. 6. "Tribe" means any federally recognized tribal government. 41-866. Acquisition and preservation fund A. An acquisition and preservation fund is established consisting of monies received from fines and forfeitures of proceeds imposed pursuant to section 41-865, subsections G and H and from grants and private donations. B. The director of the Arizona state museum shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. The director shall expend monies in the fund to defray the costs of the acquisition of real property that contains human remains and funerary objects and the costs of the removal, reburial, repatriation and preservation of human remains and funerary objects. D. Monies in the fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations. 41-867. Arizona dude ranch heritage trail program; Arizona heritage ranch designation; plaque; Arizona heritage trail; historical marker A. The Arizona dude ranch heritage trail program is established in the Arizona state parks board to serve as a guide to working dude ranches in this state. B. The Arizona state parks board shall designate a dude ranch for inclusion in the Arizona dude ranch heritage trail program if all of the following apply: 1. The owner of the dude ranch applies to the Arizona state parks board in a manner determined by the Arizona state parks board. 2. The dude ranch has been in business for at least twenty-five years. 3. The dude ranch consists of at least one thousand contiguous acres that are any of the following: (a) Private property adjacent to the headquarters. (b) Leased property adjacent to the headquarters. For the purposes of this subdivision, the lease agreement may be for private or public real property and must be in writing and include riding rights. (c) Public land that is subject to a riding permit. 4. The dude ranch provides recreational activities that include horseback riding, hiking, biking or a working cattle ranch experience for guests. 5. The dude ranch has an organized and supervised horse program on the property with a horse herd that consists of a number of horses that is equal to or greater than the total number of guest accommodations during the operating season in which guests are present. 6. The dude ranch uses at least one permanent structure that has running water, sewage disposal and a kitchen. 7. The dude ranch provides guests with three meals each day as part of the dude ranch's primary package, commonly referred to as the "American plan". 8. The dude ranch includes the word "ranch" or "rancho" in the ranch's name. C. The Arizona state parks board shall make a determination on the designation within thirty days after receiving an application pursuant to this section. D. The Arizona state parks board in cooperation with the largest dude ranch or guest ranch association in this state shall develop indicia and signage that ranches may use to identify and promote the Arizona heritage ranch designation. The applicant shall pay for the cost of designing and creating the plaque. E. The Arizona state parks board shall allow additions or modifications to a dude ranch with designation as an Arizona heritage ranch if the original character of the dude ranch is preserved. F. The Arizona dude ranch heritage trail shall consist of dude ranches that are designated as an Arizona heritage ranch pursuant to this section. G. At the request of a dude ranch that is designated for inclusion in the Arizona dude ranch heritage trail program pursuant to subsection B of this section, the Arizona historical society, in cooperation with the Arizona state parks board and the largest dude ranch or guest ranch association in this state, shall issue a historical marker for the dude ranch within two years after the request. 41-881. Historic property rehabilitation program; administration; purposes; special projects; state contribution; standards; protective covenant; report A. A state historic property rehabilitation program is established to be administered by the Arizona state parks board through the state historic preservation officer. All decisions relating to the program by the state historic preservation officer are subject to approval by the Arizona state parks board. The state historic preservation officer may provide for the staff necessary for the operation of the program. B. Monies from appropriations may be allocated by the state historic preservation officer for special project priorities established annually by the state historic preservation officer. C. Monies from appropriations for historic property rehabilitation shall be used for the purpose of providing state monies up to an amount equal to the amount of cash, materials and labor from any other source for the rehabilitation of buildings, structures, archaeological sites and objects all or part of which are publicly owned or owned by a nonprofit entity and which are listed in the Arizona or national register of historic places including a property listed individually or as a contributing property within a historic district. D. The state historic preservation officer shall establish guidelines for application and selection of rehabilitation project sponsors. The state historic preservation officer shall establish annually the amount of cash, materials and labor committed by the sponsor for determination of the amount of the state grant. The rehabilitation work shall meet the United States secretary of the interior's standards for rehabilitating historic properties or other appropriate rehabilitation or archaeological standards as determined by the historical advisory commission. The project sponsor shall sign and record a protective covenant on the property in accordance with terms and for a period of time based on the amount of the state grant as determined by the state historic preservation officer. E. The state historic preservation officer shall include the activities of the historic property rehabilitation grants program in the report to the governor and legislature required in section 41-151.20.