EXECUTIVE ORDER No. 2007-53

DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

STATE HISTORIC PRESERVATION OFFICE

STATE HISTORIC PRESERVATION REVIEW BOARD

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under section 8 of Article V of the Michigan Constitution of 1963, it is the responsibility of the Governor to take care that the laws be faithfully executed;

WHEREAS, the Department of History, Arts, and Libraries was created as a principal department of state government under Section 3 of the History, Arts, and Libraries Act, 2001 PA 63, MCL 399.703;

WHEREAS, under Section 5 of the History, Arts and Libraries Act, 2001 PA 63, MCL 399.705, the Department of History, Arts, and Libraries is charged with carrying out powers, duties, functions, and responsibilities as provided in the History, Arts, and Libraries Act, and as otherwise provided in law;

WHEREAS, the federal National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470 to 470x-6, establishes a program for the preservation of historic properties throughout the United States;

WHEREAS, Section 101(b)(1) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(b)(1), provides for the designation and appointment by each governor of a state historic preservation officer and for the employment or appointment by the officer of professionally qualified staff as necessary to administer the state's historic preservation program;

WHEREAS, under Section 101(b)(1) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(b)(1), provides for an adequate and qualified historic preservation review board in each state;

WHEREAS, formal establishment of a state historic preservation office is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law;

WHEREAS, it is in the best interests of the State of Michigan to have a formally organized state historic preservation office, state historic preservation officer, and state historic preservation review board;

NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. "Certified local government" means a local government in this state whose local historic preservation program has been certified as provided under Section 101(c) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(c).

B. "Department of History, Arts and Libraries" or "Department" means the principal department of state government created under Section 3 of 2001 PA 63, MCL 399.703, and includes the Michigan Historical Center.

C. "Historic property" means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register, including artifacts, records, and material remains related to such a property or resource.

D. "Michigan Historical Center" means that phrase as used in Section 266 of the Income Tax Act, 1967 PA 281, MCL 206.266.

E. "National Register" means the National Register of Historic Places established under Section 101(a) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(a).

F. "Secretary" means the Secretary of the United States Department of Interior, including when the Secretary is acting through the Director of the United States National Park Service.

G. "State Historic Preservation Office" or "Office" means the State Historic Preservation Office created under this Order as the state's principal historic preservation agency.

H. "State Historic Preservation Officer" means the State Historic Preservation Officer designated and appointed under this Order.

I. "State historic preservation program" means the state historic preservation program meeting the requirements specified in  Section 101(b) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(b).

J. "State Historic Preservation Review Board" or "Review Board" means the State Historic Preservation Review Board created under this Order.

II. STATE HISTORIC PRESERVATION OFFICE

A. The State Historic Preservation Office is created within the Department of History, Arts, and Libraries.  The authority, powers, duties, and functions of the Office, including, but not limited to, budgeting, procurement, and related management functions, shall be performed under the direction and supervision of the Director of the Department.

B. The State Historic Preservation Officer, who shall be appointed by the Governor, shall serve as the head of the Office, administer this state's historic preservation program, and perform the duties and responsibilities provided under this Order.

C. The staff of the Office shall be professionally qualified.  Unless otherwise authorized by the Secretary, the staff of the Office shall include at least one individual meeting the Secretary's historic preservation professional qualifications standards for history, one individual meeting the Secretary's historic preservation professional qualifications standards for historic or prehistoric archeology, and one individual meeting the Secretary's historic preservation professional qualifications standards for architectural history.  The State Historic Preservation Officer may determine that additional professional staff members representing the required or other disciplines are necessary to administer this state's historic preservation program in accordance with the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470 to 470x-6.  If a position required under this paragraph to meet the Secretary's historic preservation professional qualifications standards becomes vacant, the vacancy shall be filled in a timely manner and shall not remain vacant for more than six months.  When a position is vacant, the State Historic Preservation Officer shall ensure that appropriately qualified individuals address technical matters.  The Office may meet the requirements of this paragraph with assistance from other qualified staff within the Department.

D. The Office shall do all of the following:

1. Direct and conduct a comprehensive statewide survey of historic properties and maintain inventories of the properties in cooperation with federal agencies, state departments and agencies, local governments, and private organizations and individuals.

2. Identify and nominate eligible properties to the National Register and otherwise administer applications for listing historic properties on the National Register.  As part of the process of recommending a property to the National Register, the Office shall comply with the consultation and notification procedures under 36 CFR part 60.  The Office may authorize other persons or entities to fulfill the notice requirements in 36 CFR part 60 pursuant to the written guidance from the United States Secretary of the Interior.  The Office may authorize the historic preservation review commission of a certified local government to act in place of the Review Board for the purpose of considering National Register nominations within its jurisdiction, provided that the historic preservation review commission meets the professional qualifications required for the Review Board when considering the nominations and otherwise follows written guidance of the Secretary.  In accordance with the written guidance of the Secretary, and with the consent of both the property owners in a nomination and the chief elected local official, the Review Board, or a historic preservation review commission meeting in place of the Review Board, may consider the nomination without a face-to-face meeting.

3. Prepare and implement a comprehensive statewide historic preservation plan.

4. Administer the state program of federal assistance for historic preservation within this state.

5. Advise and assist, as appropriate, federal agencies, state departments and agencies, and local governments in carrying out their historic preservation responsibilities.

6. Cooperate with the Secretary, the federal Advisory Council on Historic Preservation created under Section 201 of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470i, and other federal agencies, state departments and agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development.

7. Provide public information, education, and training and technical assistance in historic preservation.

8. Cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to Section 101(c) of the National Historic Preservation Act, Public Law 89-665, 16 USC 470a(c).

9. Consult with appropriate federal agencies in accordance with Sections 1 to 407 of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470 to 470x-6, on both of the following:

a. Federal undertakings that may affect historic properties.

b. The content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to such properties.

10. Advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for federal assistance

11. Carry out the duties and activities described under Section 101(b)(3) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(b)(3).

12. Carry out a historic preservation planning process that includes the development and implementation of a comprehensive statewide historic preservation plan that provides guidance for effective decision making about historic property preservation throughout this state.

13. Survey and maintain inventories of historic properties.

14. Obtain one or more of the following:

a. Comparative data valuable in determining the National Register eligibility of properties.

b. Information on properties that may become eligible for the National Register of Historic Places with the passage of time.

c. Information on the absence of historic properties for use in planning for public and private development projects.

15. Provide for adequate public participation in this state's historic preservation program as a whole.

16. Provide a mechanism for certification of local governments by the State Officer and the Secretary authorizing local governments to carry out the purposes of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470 to 470x-6, and perform other tasks related to certified local government programs as provided under Section 101(c) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(c), and under 31 CFR 61.6.

17. Issue subgrants to certified local government programs and perform other duties required by Section 103 of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470c, and 31 CFR 61.7.

18. Perform functions related to the historic properties of Indian tribes as required under Section 101(d) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(d).

19. Advise and assist the Director with the assignment, acceptance or administration of historic preservation easements, including, but not limited to, easements executed under Sections 2140 to 2144 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.2140 to 324.2144.

20. Advise and assist the State Historic Preservation Review Board in the performance of its duties under this Order.

21. Assist the Secretary in performing the functions prescribed in the National Historic Lighthouse Preservation Act of 2000, Public Law 106-355, as amended, 16 USC 470w-7 to 470w-8.

22. Perform other related duties as requested by the Director or the Governor.

E. The Office may carry out all or any part of its responsibilities under this Order by contract or cooperative agreement with a qualified person or entity, consistent with Michigan law and applicable rules and regulations of the Department of Management and Budget and the Civil Service Commission, but may not delegate the responsibility for compliance with the Act or with grant assistance terms and conditions.

F. To the extent provided under Section 101(b)(6) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(b)(6), the Office may enter into a contract or cooperative agreement with the Secretary authorizing the Office to assist the Secretary in carrying out within this state one or more of the following responsibilities:

1. Identification and preservation of historic properties.

2. Determination of the eligibility of properties for listing on the National Register.

3. Preparation of nominations for inclusion on the National Register.

4. Maintenance of historical and archaeological databases.

5. Evaluation of eligibility for federal preservation incentives.

G. In addition to performing duties and responsibilities under the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470 to 470x-6, the Office also shall advise and assist the Director in performing functions vested in the Department under any of the following:

1. Section 266 of the Income Tax Act, 1967 PA 281, MCL 206.266.

2. Section 39c of the Single Business Tax Act, 1975 PA 288, MCL 208.39c, or Section 435 of the Michigan Business Tax Act, 2007 PA 36, MCL 208.1435.

3. Section 811k of the Michigan Vehicle Code, 1949 PA 300, MCL 257.811k.

4. The Michigan Historical Markers Act, 1955 PA 10, MCL 399.151 to 399.160.

5. The Local Historic Districts Act, 1970 PA 169, MCL 399.203.

III. STATE HISTORIC PRESERVATION REVIEW BOARD

A. The State Historic Preservation Review Board is created within the Department of History, Arts, and Libraries.  The authority, powers, duties, and functions of the Review Board, including, but not limited to, budgeting, procurement, and related management functions, shall be performed under the direction and supervision of the Director of the Department.

B. The Review Board shall consist of 9 members appointed by the Governor.  The members of the Review Board shall possess demonstrated competency, interest, or knowledge in historic preservation.  The State Historic Preservation Officer shall advise the Governor on qualified professionals and other individuals interested in service as a member of the Review Board as requested by the Governor.

C. Each member of the Review Board shall possess demonstrated competency, interest or knowledge in historic preservation.

D. At least 5 of the members of the Review Board shall meet the historic preservation qualifications standards issued by the Secretary, including at least one individual meeting the Secretary's historic preservation qualifications standards for history, one individual meeting the Secretary's historic preservation qualifications standards for prehistoric archeology or historic archeology, and one individual meeting the Secretary's historic preservation qualifications standards for architectural history.  Other members of the Review Board required under this paragraph may represent other disciplines described by the Secretary's historic preservation qualifications standards.  A member of the Review Board may satisfy the Secretary's historic preservation qualifications standards for more than one required discipline.

E. Of the members of the Review Board initially appointed by the Governor, 3 members shall be appointed for a term expiring on December 31, 2008, 2 members shall be appointed for a term expiring on December 31, 2009, 2 members shall be appointed for a term expiring on December 31, 2010, and 2 members shall be appointed for a term expiring on December 31, 2011.  After the initial appointments under this paragraph, members shall be appointed for a term of 4 years.

F. A member of the Review Board shall continue to serve until a successor is appointed and qualified.  A vacancy on the Review Board occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term.  When a position on the Review Board position becomes vacant, the vacancy shall be filled in a timely manner and shall not remain vacant for more than 1 year. While a vacancy is pending, the Office shall ensure that the Review Board has access to advice from appropriately qualified individuals.

G. The Review Board shall do all of the following:

1. Provide advice to the Office and the Department on the full range of Historic Preservation Fund-supported activities described under Section 101 (b)(3) of the National Historic Preservation Act, Public Law 89-665, as amended, 16 USC 470a(b)(3).

2. Review and make recommendations on National Register nomination proposals.

3. Participate in the review of appeals of National Register nominations.

4. Perform other duties as may be appropriate, including, but not limited to, the performance of other related duties required under state law or as requested by the Director or the Governor.

H. The Review Board shall adopt written procedures governing its organization and operations consistent with Michigan law, this Order, 36 CFR 61.4, and related guidance issued by the National Park Service.

I. The Governor shall designate a member of the Review Board to serve as its Chairperson.  The Review Board may select from among its members a Vice-Chairperson and any other officers as the Review Board deems appropriate.  The Officer shall serve as the Executive Secretary of the Review Board.

J. A majority of the members of the Review Board serving constitutes a quorum for the transaction of the Review Board's business.  The Review Board shall act by a majority vote of its serving members.

K. The Review Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Review Board.  The Review Board shall meet at least once per year and as often as is necessary to complete its work in a timely fashion.

L. The business of the Review Board shall be conducted at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of all meetings of the Board shall be given in the manner required by the Open Meetings Act.

M. A writing prepared, owned, used, in the possession of, or retained by the Review Board in the performance of official business shall be made available to the public under the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246.

N. The Review Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public.  The Review Board may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

O. Members of the Review Board shall serve without compensation. Members of the Review Board may receive reimbursement for necessary travel and expenses consistent with relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available funding.

P. The Review Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Review Board and the performance of its duties, as the Director of the Department deems advisable and necessary, in accordance with this Order and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

Q. The Review Board may accept donations of labor, services, or other things of value from any public or private agency or person.

R. Members of the Review Board shall refer all legal, legislative, and media contacts to the Department.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state, or of any political subdivision of this state, shall give to the Review Board or to any member or representative of the Review Board, any necessary assistance required by the Review Board or any member or representative of the Review Board, in the performance of the duties of the Review Board so far as is compatible with its, his, or her duties.  Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or review of the Review Board.

B. Any rules, orders, bylaws, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until amended, rescinded, or terminated.

C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order.  Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion.  Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

E. This Order is effective Monday, January 28, 2008 at 12:01 a.m..
 
Given under my hand and the Great Seal of the State of Michigan this 27th day of December, in the year of our Lord, two thousand and seven.


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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:

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Secretary of State