Agencies shall consult with the department when planning projects that might adversely affect those properties listed in the National Register of Historic Places at the time of consultation. Consultation may be accomplished in one of three ways:

(1) The department shall negotiate a programmatic agreement with each agency that has qualified preservation professionals in charge of management of historic properties. The agency shall agree to avoid or, when appropriate, minimize adverse effects to historic properties under its jurisdiction. The agency shall then assume responsibility for administering its own historic preservation program. The agency's qualified preservation professionals shall participate in continuing education provided by the department at no charge.

(2) An agency that does not have qualified preservation professionals in charge of the management of historic properties may negotiate a programmatic agreement with the department for covered projects that are similar and repetitive, projects involving routine maintenance, or projects that will not significantly alter the historical integrity of a property. The agency shall then assume responsibility for carrying out the projects or types of projects included in the programmatic agreement without having to notify the department on a project-by-project basis.

(3)(a) Before an agency plans a project not covered by a programmatic agreement, the agency shall submit documentation describing the proposed project to the department. If the effect will be adverse, the agency also must describe alternatives that were considered to avoid or minimize adverse effects and the reasons why any rejected alternatives were considered not to be feasible or prudent.

(b) Within thirty days after receipt of the documentation described above, the department shall review the documentation and provide a written response to the agency. Before sending a response recommending changes, the department shall confer with the agency and attempt to negotiate a solution acceptable to both parties.

(c) If the agency and the department cannot agree on the effect of a project or measures that would avoid or minimize the adverse effect of a project on historic properties, the agency may request the recommendation of the State Properties Committee.

(d) The State Properties Committee shall review the documentation provided by the agency and the written opinion of the department. The committee shall provide its written response to the agency within thirty days after receipt of the request for comment.

(e) If the agency does not accept the recommendations made by the State Properties Committee, the agency may petition the State Board of Review to review the documentation on the project. The board shall provide its written decision to the agency within thirty days after receipt of the petition for review.

(f) Proceedings under this chapter, including the certification of individuals as qualified preservation professionals, are subject to the provisions of Chapter 23 of Title 1 (Administrative Procedures Act).

HISTORY: 1992 Act No. 503, Section 1.