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Historic Preservation

By Samuel Hicks,2014-05-27 13:10
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Historic Preservation

    Historic Preservation

    24 CFR Part 58

    General requirements Legislation Regulation

    Protect sites, buildings, and objects with national, National Historic Preservation 36 CFR Part 1294

    state or local historic, cultural and/or archeological Act, 16 U.S.C. 470(f), section 36 CFR Part 800

    significance. Identify effects of project on properties 106 24 CFR Part 58.5(a)

    1. Does the project include repair, rehabilitation or conversion of existing properties, new construction,

    the acquisition of undeveloped land, or any construction that requires ground disturbance (defined as

    one cubic foot of disturbed soil)?

     No: STOP here. The Section 106 Historic Preservation review is complete. Record your determination that

    the project type will not adversely affect historic properties on the Statutory Worksheet or Environmental

    Assessment.

     Yes: PROCEED to #2

2. Does the project involve only those activities permitted without further consultation under a

    programmatic agreement among the responsible entity, the State Historic Preservation Officer

    (SHPO) or Tribal Historic Preservation Officer (THPO) and the Advisory Council on Historic

    Preservation?

     Yes: STOP here. The Section 106 Historic Preservation review is complete. Record the date of the

    programmatic agreement and your determination that your project fits within the agreement on the Statutory

    Worksheet or Environmental Assessment.

     No: PROCEED to #3

    3. Does the project involve only acquisition and/or minor interior rehabilitation of a residential structure

    that is less than 50 years old with no visible changes to the exterior, no ground disturbing activities

    and you have determined there is no potential to cause effects on historic properties per 36 CFR

    800.3(a)(1)?

     Yes: STOP here. The Section 106 Historic Preservation review is complete. Record your determination

    that there is no potential to cause effect, including the age of the existing building if appropriate, on the

    Statutory Worksheet or Environmental Assessment.

     No: PROCEED to #4

    4. In consultation with SHPO/THPO and any tribes or groups that may have an interest in the project have you determined that there are no historic properties affected?

    ; Remember-you must consider the Area of Potential Effect (APE). The APE is defined as the geographic

    area within which an undertaking may directly or indirectly cause changes in the character or use of

    historic properties. The APE is influenced by the scale and nature of an undertaking. (36 CFR Part

    800.16)

    ; Consult the State Historic Preservation Officer (SHPO) or if the project is on tribal land, the Tribal

    Historic Preservation Officer (THPO) with details of the project and project site. In Washington and

    Oregon, the SHPO has developed forms to help with the consultation process. Links to these forms are

    included in the attached Pacific Northwest Contact Sheet. SHPO or THPO has 30 days from receipt of a

    well-documented request to make a determination. We recommend sending the letter with a return receipt

    form to document the contact. If they do not respond within the timeframe, you may proceed with your

    determination or consult with the Advisory Council on Historic Preservation (ACHP). Contact information

    for State Historic Preservation Officers is available at www.achp.gov/shpo.html, and for Tribal Historic

    Preservation Officers at www.achp.gov/thpo.html.

    ; Determine if there are tribes or groups that have demonstrated interest in the historic aspects of the project

    and invite them to participate in the consultation. You must make a reasonable and good faith effort to

    identify Indian tribes that may have an interest. This website offers a database of Indian Tribe interest by

    county: home.nps.gov/nacd/index.cfm. Your state’s Office of Indian Affairs may also have information

    on tribes in your area. (Please see attached Pacific Northwest Contact sheet for details.)

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     Yes: STOP here. The Section 106 Historic Preservation review is complete. ; Attach SHPO concurrence

    to the ERR and copies of letters to and from other interested parties and your response. If SHPO/THPO did

    not respond within 30 days, your dated letter documents compliance. Record your determination of no

    historic properties affected on the Statutory Worksheet or Environmental Assessment.

     No: Continue to #5

5. Will the project have an adverse effect on any property(ies) listed or eligible for inclusion on

    the National Register of Historic Places?

    ; Consult the State Historic Preservation Officer (SHPO) or if the project is on tribal land, the Tribal

    Historic Preservation Officer (THPO) and any tribe that attaches religions and cultural significance to

    identified historic properties and apply the criteria of adverse effect within the APE (?800.5(a)(1)).

    Determine whether your project will directly or indirectly alter any of the characteristics of the property or

    its Area of Potential Effect in a manner that would diminish the integrity of the property’s location, design,

    setting, materials, workmanship, feeling or association.

     No: A categorically excluded project (24 CFR Part 58.35(a)) cannot convert to exempt under

    ?58.34(a)((12)-you must go through the RROF process. The Section 106 Historic Preservation

    review is complete. ; Attach SHPO concurrence to the ERR and copies of letters to and from other

    interested parties and your response.

     Yes: Resolve Adverse Effects per 800.6 in consultation with SHPO/THPO, the ACHP if

    participating, and any consulting parties. The loan or grant may not be approved until

    adverse effects are resolved according to 800.6 or you have complied with 36 CFR Part 800. A

    categorically excluded project (24 CFR Part 58.35(a)) cannot convert to exempt under ?58.34(a)((12)-

    you must go through the RROF process.

    DISCLAIMER: This document is intended as a tool to help grantees and HUD staff complete environmental requirements. This document is subject to change. This is not a policy statement. Legislation and Regulations take precedence over any information found in this document.

     2 of 5 HUD Region X Environmental Office March 2008

    Pacific Northwest Historic Preservation Contacts

    National Contacts

    National Parks Service-National Historic Register www.cr.nps.gov/nr/research (click on NRIS Database)

Advisory Council on Historic Preservation

    Office of Planning and Review

    1100 Pennsylvania Avenue, NW, Suite 809

    Washington, DC 20004

    Phone: (202) 606-8503

    Fax: (202) 606-8647

    E-mail: achp@achp.gov

    Website: www.achp.gov (The Council's Website includes a "Users Guide to Section 106 Review" and contact

    information for Federal agencies, State Historic Preservation Officers (SHPOs), and tribes.)

    Oregon

State Historic Preservation Office

Oregon Parks and Recreation Dept

    State Historic Preservation Office

    725 Summer St NE, Suite C

    Salem, OR 97301

    Phone: (503) 986-0677

    Fax: (503) 986-0793

    Website: www.oregon.gov/OPRD/HCD/SHPO/preservation_106.shtml (Includes contact names and addresses, fill-able Section 106 documentation forms, and useful links.)

Tribal Historic Preservation Officers

There are currently two designated THPOs in Oregon. Please visit the Advisory Council on Historic

    Preservation website for up-to-date THPO contact information: www.achp.gov/programs.html

Confederated Tribes of the Umatilla Indian Reservation Confederated Tribes of Warm Springs

    Cultural Resources Protection Program Department of Cultural Resources

    PO Box 638 PO Box C

    Pendleton, OR 97801 Warm Springs, OR 97761

    (541) 276-3629 (541) 553-3548

    website: www.umatilla.nsn.us website: www.warmsprings.com

For contact information for other tribes in Oregon, visit the Oregon State Legislative Commission on Indian

    Services: www.leg.state.or.us/cis/

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    Washington State

State Historic Preservation Office

    Department of Archeology & Historic Preservation 1063 S Capitol Way, Suite 106

    Olympia, WA 98501

    Phone: (360) 586-3065

    Fax: (360) 586-3067

    Web site: www.dahp.wa.gov (Includes contact names and addresses, fill-able Section 106 documentation forms,

    and useful links.)

Tribal Historical Preservation Officers

    There are currently eight designated THPOs in Washington. Please visit the Advisory Council on

    Historic Preservation website for up-to-date THPO contact information: www.achp.gov/programs.html

For contact information for other tribes in Washington, please visit the Washington Governor’s Office of Indian

    Affairs: www.goia.wa.gov

    Idaho

    State Historic Preservation Office

Idaho State Historical Society

    1109 Main Street, Suite 250

    Boise, ID 83702

    Phone: (208) 334-2682

    Fax: (208) 334-2774

    Website: www.idahohistory.net/shpo.html (Includes contact names and addresses, guidance on submitting

    Section 106 consultation requests, and useful links.)

Tribal Historic Preservation Officers

Coeur D'Alene Tribe Nez Perce Tribe

    Mr. Quanah Matheson, THPO PO Box 365

    PO Box 408 Lapwai, ID 83540-0365

    Plummer, ID 83851 (208) 843-7400 Phone

    (208) 686-0675 Phone (208) 843-7419 Fax

    (208) 686-1901 Fax

Please visit the Advisory Council on Historic Preservation website for up-to-date THPO contact information:

    www.achp.gov/programs.html

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    Alaska

    State Historic Preservation Office

Department of Natural Resources

    Division of Parks and Outdoor Recreation th550 W 7 Ave, Suite 1310

    Anchorage, AK 99501-3565

    Phone: (907) 269-8721

    Fax: (907) 269-8908

    Website: www.dnr.state.ak.us/parks/oha/index.htm (Includes contact names and addresses, and the Alaska

    Heritage Resources Survey map-based inventory.)

Tribal Historic Preservation Officers

There are currently no designated THPOs in Idaho. Please visit the Advisory Council on Historic Preservation

    website for up-to-date THPO contact information: www.achp.gov/programs.html

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