Part 1: Duties and Membership of the State Review Board

Each State historic preservation program is required by the National Historic Preservation Act, as amended, to maintain an adequate and qualified State Review Board. The Act stipulates that the State Review Board has four duties:

1. Review National Register nominations and nomination appeals;
2. Review and provide advice about the State's Comprehensive Statewide Historic Preservation Plan and the State's Annual Historic Preservation Fund Grant;
3. Provide general advice and guidance to the State Historic Preservation Officer; and,
4. Perform other duties as may be appropriate.

The Committee Report for the 1980 Amendments to the Act amplifies that Review Boards were created to "function primarily as professional bodies which can objectively evaluate the historic significance of properties and provide professional advice on historic preservation matters."

Thus, the general characteristics of Review Boards are:

1. Review Boards are primarily professional bodies who provide professional advice on historic preservation matters. "Primarily professional" means that a majority of the members must meet minimum professional requirements established in regulation by the National Park Service; and represent certain professional disciplines established by the Act. This is described in more detail in the membership section of this chapter.

2. Review Boards must be able to objectively carry out their duties. This is the reason for the National Park Service's requirements that all State Review Boards establish and abide by rules of conduct that avoid conflict of interest (see the chapter on Conflict of Interest).

NPS encourages States to add to the professional majority of the Review Board the broadest possible spectrum of professionals in historic preservation-related fields that meet the unique circumstances of the individual State. These, of course, vary from State to State. For example, in some, urban planning is important. In others, Native American concerns are critical. How States compose the professional majority on the Review Boards is left to the discretion of each State for ensuring that the State Review Board meets the unique demands of the preservation arena at the State and local level.

All Review Board members must "have demonstrated a competence, interest, or knowledge in historic preservation."

In the broadest sense, Review Boards serve as advocates for historic preservation in their States. As committed preservationists, they provide a focal point for furthering preservation activity that fully utilizes a State's special historic resources. Review boards are established to provide expert judgments about the historical, architectural, and archeological significance of resources in their States. As an independent body, the board can advocate the value and necessity of preservation as an active process that should be an integral part of every community.

Specific duties of Review Boards are outlined in Federal regulations (36 CFR Part 61) which state that the Review Boards must:

1. Meet as often as is necessary to complete its work in a timely manner, but no less often than once a year;

2. Review each nomination forwarded by the State Historic Preservation Officer to the Keeper of the National Register prior to its submission. The Review Board makes a recommendation to the SHPO as to whether the property meets the criteria for listing in the National Register. See the chapter on the National Register for a more detailed discussion of the process;

3. Participate in the review of National Register nomination appeals and provide written opinions on the issues or matters of the appeal. See the chapter on the National Register for a more detailed discussion of the process;

4. Provide general advice to the SHPO about the State's Comprehensive Statewide Historic Preservation Plan, the comprehensive statewide survey, the State's Historic Preservation Fund Grant including applications, and other duties and responsibilities of the State Historic Preservation Offices. (This advisory role does not require the Review Board to be involved in the selection of subgrant awards.)

5. Adopt and enforce operating bylaws consistent with these regulations. These bylaws must contain minimum requirements concerning conflict of interest stipulated by NPs See the chapter on conflict of interest for more information.

Membership of the Review Board

Each State historic preservation program is required by the National Historic Preservation Act to maintain a State Review Board. Designated by the SHPO, unless another designation process is provided for in State law, the Review Board must consist of at least five members. A majority of Review Board members must be professionals in historic preservation related disciplines. Individuals meeting these professional qualifications in the disciplines of archeology, architectural history, or history are most likely to have the theoretical and practical expertise necessary to evaluate the historic significance of properties and provide overall general advice and guidance to the State Historic Preservation Officer in historic preservation matters.

The SHPO certifies to NPs that the Review Board meets these qualifications. NPs also checks the qualifications of new members of the Review Board during the periodic State Program Review.

For "closely related fields," the National Park Service examines the content of degrees, not just the title. For example, in many colleges and universities, degrees are given in Anthropology rather than Archeology or in Art Design rather than Architecture. Thus a person could qualify in archeology with a degree called "anthropology." When a State seeks to appoint a person 1) who is qualified in a closely related field to one of the required disciplines, or 2) who seeks to use educational background or experience in a closely related field to qualify in one of the required disciplines, the person must have credentials comparable to the professional qualifications for that discipline. For example, a graduate degree in urban planning would be minimally acceptable as a substitute for a graduate degree in history if the course work showed a preponderance of experience with historic town planning or the history of architectural, urban, and cultural landscape design.

If a different profession's representation on the Review Board would better serve the needs of the State and its program, Federal regulations permit (see 36 CFR Part 61) the substitution of some required professional representation upon NPs approval.

Citizens not meeting the preceding professional criteria may and should be appointed. Citizen members bring a special energy and enthusiasm to review boards. Each contributing a different perspective based on his/her own background, these dedicated preservationists have a unique opportunity to shape the historic preservation field.

The Review Board is one important means by which a State's citizens can introduce their historic preservation goals into the molding of official programs and policies. Review Board membership as a whole should, to the greatest degree possible, reflect the State's cultural and ethnic diversity. The appointment of members representing each State's multiple cultural groups may help to increase not only the involvement of those groups in preservation, but also the survey, evaluation, and protection of diverse historic resources.

The Relationship of the Review Board to the SHPO

Each of the Review Board's designated functions is vital to the success of a State's historic preservation program. As the administrator in charge of implementing the State's preservation policies in accordance with Federal standards, the SHPO is responsible for day-to-day operating decisions as well as long-range planning. The Review Board serves as an advisory body to the SHPO.

The Review Board's advisory role is deliberately open-ended. Usually Review Boards and SHPOs have a general agreement (formal or informal) concerning agendas and activities and work together in a complementary way. A State's laws regarding historic preservation help define this advisory relationship, as do the adopted bylaws of each Review Board. Generally, Review Boards advise the SHPO on the overall direction of the State program, rather than on the SHPO's day-to-day program activities.

The National Historic Preservation Act requires the SHPO to be designated by the governor of the State. SHPOs must:

1. Develop an administrative framework for the State historic preservation program, including a staff and Review Board.

2. Prepare and implement a Comprehensive Statewide Historic Preservation Plan.

3. Direct a comprehensive statewide survey of historic properties and maintain an inventory of what is known about historic and archeological resources within the State.

4. Officially recognize historic properties through preparation and submission of nominations to the National Register and through provision of professional judgment on determinations of eligibility (for listing in the National Register) requested by Federal agencies.

5. Advise and assist Federal agencies, other State offices, and local governmental units in carrying out their historic preservation responsibilities.

6. Assist local governments in developing historic preservation programs that can be certified to participate in the national historic preservation program.

7. Cooperate in the integration of historic preservation planning with all levels of government and private planning and development to ensure that the need to preserve historic properties is taken into proper consideration.

8. Cooperate in the development and maintenance of a review procedure for publicly funded, assisted, and licensed undertakings that may affect historic properties within the State law.

9. Participate in the review of Federal, federally assisted, and federally licensed undertakings that might affect properties included in or eligible for inclusion in the National Register.

10. Promote liaisons with organizations of professional archaeologists, historians, architects, architectural historians, planners, and others concerned or potentially concerned with historic preservation.

11. Develop and operate a program of public information, education, training and technical assistance about the State's historic preservation program, and provide for public participation in the program.

12. Administer the Historic Preservation Fund (HPF) program within the State.

13. Review and provide recommendations to the National Park Service on requests for certification of significance, certification of rehabilitation, and certification of local districts and State and local statutes for the Federal preservation tax incentives program.

The staff of the State historic preservation office is required to consist of at least one full-time professional in the fields of history, archeology, and architectural history in order for the State to qualify as an approved State program.

Professional qualifications for the State staff are the same as those required for Review Board members. Two or more part-time staff members may be substituted for one full-time professional as long as the equivalent of one full-time professional is available in each discipline. If a different profession's representation on the staff would better serve the needs of the State and its program, Federal regulations (36 CFR Part 61) permit the substitution of some of the required professional representation upon NPs approval.

States have found the contributions of additional staff beneficial. For example, historical architects, attorneys, landscape architects, urban planners, grant specialists, and financial officers can serve as valuable staff members.

The relationship of the State Review Board and the State historic preservation office is one of mutual cooperation and interdependence. As each performs its duties, the State's historic preservation goals and objectives can be best achieved.

SUGGESTED READING

National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.). Available from Heritage Preservation Services, National Park Service, U.S. Department of the Interior, Washington, DC. Free. This can also be obtained at http://www.law.cornell.edu/uscode.

"Approval of State and Local Programs," 36 CFR Part 61. Available from Heritage Preservation Services, National Park Service. U.S. Department of Interior, Washington, DC. Free. This can also be obtained at http://www.access/gpo.gov/nara/cfr.