Effective 28 Aug 2018

253.408. State historic preservation act — state historic preservation officer to be director of natural resources, duties — advisory council, powers and duties. — 1. Sections 253.408 to 253.412 shall be known and may be cited as the "State Historic Preservation Act".

2. The director of the department of natural resources is hereby designated as the state historic preservation officer. The state historic preservation office shall be located in the department of natural resources and shall be responsible for establishing, implementing, and administering federal and state programs or plans for historic preservation and shall have the following duties including, but not limited to:

(1) Direct and conduct a comprehensive statewide survey of historic, archaeological, architectural, and cultural properties and maintain inventories of such properties;

(2) Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties on the national register;

(3) Prepare and implement a comprehensive statewide historic preservation plan;

(4) Administer the state program of federal assistance for historic preservation within the state;

(5) Administer historic preservation fund grants as mandated by the National Historic Preservation Act of 1966, as amended;

(6) Provide public information, education and training, and technical assistance relating to the federal and state historic preservation programs;

(7) Cooperate with local governments in the development of local historic preservation programs, and to assist local governments in becoming certified pursuant to the Historic Preservation Act of 1966, as amended;

(8) Advise and assist federal and state agencies and local governments in carrying out their historic preservation responsibilities;

(9) Cooperate with the National Advisory Council on Historic Preservation, federal and state agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;

(10) Administer responsibilities as detailed in sections 194.400 to 194.410;

(11) Administer the historic preservation revolving fund, as detailed in sections 253.400 to 253.407; and

(12) Cooperate with the department of economic development in administering the main street Missouri act, as detailed in sections 251.470 to 251.485.

3. (1) There is hereby established and created, within the department of natural resources, the "Missouri Advisory Council on Historic Preservation" consisting of nine persons, to be appointed by the governor with the advice and consent of the senate, who shall serve without compensation other than expenses incurred. The membership of the council shall be as provided in 36 C.F.R. Part 61.4, as may be amended from time to time, and shall consist of persons having expertise and knowledge in the fields of history, historic and prehistoric archaeology, architectural history, architecture, and economic and community development, as well as nonprofessional members with demonstrated interest in historic preservation. Each member shall serve for a term of two years from the date of appointment and until his or her replacement is duly appointed.

(2) The council shall meet at least three times per year and may adopt bylaws to govern its operations which bylaws shall be consistent with all applicable federal rules and regulations.

(3) The council shall have all the powers, duties and responsibilities provided by federal law and the rules and regulations for such council including, but not limited to, the following:

(a) Reviewing and approving each national register nomination prior to submission to the national register;

(b) Reviewing each completed state historic preservation plan as developed by the state historic preservation officer prior to its submission to the Secretary of the United States Department of Interior; and

(c) Providing general advice, guidance, and professional recommendations to the state historic preservation officer in conducting the comprehensive statewide survey, preparing the state historic preservation plan, carrying out any grants-in-aid program, and carrying out the other duties and responsibilities of the state historic preservation officer.

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(L. 1991 S.B. 124 §§ 1, 2, A.L. 2018 S.B. 843)