OREGON SHPO SECTION 106 and
NEPA COMPLIANCE INSTRUCTIONS
For use for HPF- funded CLG pass-through grants
for development projects
Introduction:
All Certified Local Government Grants (CLG) for bricks-and-mortar and archaeological projects must be reviewed under Section 106 of the National Historic Preservation Act (Section 106), as amended, and the National Environmental Policy Act (NEPA) in order to receive federal Historic Preservation Fund (HPF) monies. The following pre-filled forms and instructions are provided in order to streamline this process, and should take no more than one hour to complete once the required materials are gathered. Many of the items, including evidence of public notice, may have already been created in satisfaction of the local land-use process.
Important Notes:
1. Submit your project scope to the Oregon SHPO to ensure that it is eligible for HPF funding under your CLG Grant Agreement. Following approval, begin the local land-use process as applicable, and prepare the Section 106 and NEPA documentation as described below.
2. Projects may not proceed until the Section 106 and NEPA documentation is reviewed by the Oregon SHPO and a written response is received. If the project includes ground-disturbing activity, two separate letters will be mailed. One will address the historic building and the other will speak to archaeological resources.
3. The SHPO highly encourages jurisdictions to submit draft documents to their grant reviewer before final submission.
4. Please complete a separate set of forms for each individual property.
SHPO Section 106 and NEPA Compliance Instructions:
Step 1: Complete the following tasks before beginning the local land use process:
1. Visit the site and gather the information needed in Step 3.
2. Review the proposed project scope to ensure that it meets local design review requirements and the Secretary of the Interior’s Standards for Rehabilitation (Standards). The guidelines are available online from the National Park Service here: https://www.nps.gov/tps/standards.htm.
3. Review the National Park Service’s State, Tribal, and Local Plans & Grants Environmental Worksheet, Section D, Resource Effects to Consider, attached. HPF funds cannot be used if the project has any potential measureable impacts on the physical, natural or cultural resources listed on this form. For qualifying projects, these boxes have already been checked “no” for convenience.
4. Submit a brief description of the project to your grant reviewer to ensure that it is eligible for HPF funding under your CLG Grant Agreement. Notify your reviewer if it is unclear if a project meets the Standards or will have an impact on a protected physical, natural or cultural resource.
Step 2: Issue public notice and gather and respond to public comment
Both Section 106 and NEPA require public involvement. If the local land-use process includes public notice (mailed or published in a local newspaper, or posted on the property), include the following statement on those materials to meet the public notice requirement. Delete the text in bold and italic type and fill in the required information. This statement must not be altered beyond what is indicated in parenthesis below.
The (City/County Name) received a (grant amount for specific project(s)) through the federal Historic Preservation Fund, administered by Oregon State Historic Preservation Office. The funds will be used to (enter brief project description(s)).
This notice serves to make the public aware of the project and solicit comments pursuant to Section 106 of the National Historic Preservation Act and the National Environmental Policy Act. The comment period is open for 30 days (Duration of comment period be changed to align with local land-use
processes) from the date of this announcement. To provide comments or learn more information about this project, please contact (list local contact information).
The National Historic Preservation Act of 1966 authorizes a program of federal matching grants, known as the Historic Preservation Fund, to assist the various states in carrying out historic preservation activities. The Program is sponsored by the U.S. Department of the Interior, National Park Service, and in Oregon, is administered through the Oregon State Historic Preservation Office.
Multiple projects may be noticed at the same time; however, comments must be collected and submitted separately for each property.
For a project not requiring a permit, posting a sign, publishing a public notice, or other notification process that includes the required statement above and that is consistent with local land-use practices is sufficient.
Step 3: Gather the following items to complete the forms:
1. The National Register Information System (NRIS) number from the Oregon Historic Sites Database, online at www.oregonheritage.org. For properties within districts that are not individually listed, use the NRIS number for the district.
2. Current exterior photos that show the main façade(s) and close-ups of the work areas.
3. A clear and complete project description, including the specific location of the work on the building; what materials will be preserved, restored, rehabilitated, or reconstructed/replaced; and how this work will be done and by whom.
4. A project map, as described below in Step 4.
5. Site plan, floor plans, product specifications, or any other supporting evidence necessary to understand the project.
6. A copy of the public notice. If a sign was used as part of the official notification process, please include a photo of the sign in place.
7. Copy of any comments received from the public in response to the public notice and any actions taken to address these comments.
Step 4: Complete 106 Compliance Template Letter and Attach Required Documents
1. Delete all bold and italic comments and replace with the appropriate information. Please use official letter head. In many cases, the information may be taken from your jurisdiction’s CLG grant application or local planning documents.
2. Include all of the following attachments:
· Photos as described above in Step 3.
· A map with location of project clearly marked with latitude and longitude coordinates in decimal degree format to the 5th decimal point. A single point for projects encompassing less than 5 acres is sufficient.
· Evidence of the public notice and comment opportunity described in Step 2.
3. As needed, include any additional site maps, plans or diagrams; product specifications; or any other document that illustrates the existing conditions and/or proposed work.
Step 5: Complete the National Park Service’s State, Tribal, and Local Plans & Grants
Environmental Screening Worksheet:
SECTION A: PROJECT INFORMATION
· Enter a project name in the “Project Name” blank.
· Enter the grant number from your grant agreement in the “Grant Number” blank.
· Enter the current project address in the “Project Address” blank.
· Enter the name of the City or County receiving the grant and the name of the property owner in the “Subgrantee/Owner” blank.
· All other blanks are completed for convenience.
SECTION B: PROJECT DESCRIPTION/LOCATION
· Identify the location of the property and describe the project in a single paragraph:
Example: The Brengman, Patrick, House at 4704 Darlington Lane, Salem, OR was listed in the National Register of Historic Places as part of the Almon Street Historic District on March 1, 1977, NRIS Number 1977000001, and currently retains the characteristics for which it was recognized. The project proposes to repair original leaded-glass windows throughout the house, which exhibit cracked and missing panes; distorted frames; and/or missing hardware, which significantly reduces the weather tightness of the windows. The City will hire an experienced contractor to restore the windows in the basement and first floor. The project was reviewed by the Oregon State Historic Preservation Office (SHPO) for conformance with the Secretary of the Interior’s Standards. Upon completion, photographs showing the finished work will be submitted to the Oregon SHPO for review and will be added to the agency’s file for this project.
· All other blanks are completed for convenience.
SECTION C and D: SECTION 106 REVIEW and RESOURCE EFFECTS TO CONSIDER
· All blanks are completed for convenience.
SECTION E: MANDATORY CRITERIA
· Following the mandatory criteria questions 1 through 12, answer question 1 regarding the required site visit. Modify the text as needed.
Example: (Name of official visiting the site and title) has knowledge of local and state building code, historic preservation practices, natural resource laws, and environmental regulations relevant to the project scope and contacted the property owner and arranged for a site visit on (enter date) to inspect the site and evaluate the appropriateness of the proposed work. (Note if lead or asbestos is present in the work area and how this hazard will be mitigated).
· Answer question 2 regarding tribal consultation and the involvement of other federal agencies. Modify the text as needed. Contact the SHPO immediately if tribal consultation is needed or if other federal agencies are involved.
Example: Tribal consultation is not necessary for this project as it will only affect an early twentieth-century historic resource in a developed urban setting, is not located in a known or potential archaeological site, or within the view shed of a traditional cultural property. No other federal agencies are involved with the project as property owners; issuers of a permit; grantors of permission for the project; or as an additional source of funding.
Step 6: Submit All Documents to the Oregon SHPO:
NOTE: Although not required, it is highly recommended that draft documents be sent to your reviewer before final submission to address any potential issues. Once officially submitted, incorrect or incomplete documentation will be returned for correction.
1. Send the following documents as a single PDF document in the given order by email to . Please compress all documents to accommodate the account’s 10mb limit per message.
· Completed Template Memo
· Project location map showing tax lot with a single decimal latitude and longitude point indicating the location of the project.
· If the project involves ground-disturbing activating (setting posts, foundation work, etc.) include a USGS map with the location marked with the Section, Township, and Range noted in addition to the previously described map.
· Photos of affected property and project work area
· Evidence of public notice and comment
· Other attachments as applicable, including site plans, construction drawings, material specification sheets, etc.
· Completed National Park Service’s State Tribal, and Local Plans and Grants Environmental Screening Worksheet
2. Within 10 calendar days of receipt of the required documentation, the Oregon SHPO will send an email to the submitter indicating that the documentation is complete and the project may proceed; more information is needed; or the project adversely affects the historic resource or has possible measurable impacts on important physical, natural or cultural resources and cannot be funded with HPF funds. SHPO will also send the documentation to NPS at this time for their records.
The project may begin as soon as approval from SHPO is received. A copy of the final approval document from NPS will be forwarded to the applicant when it is received by the SHPO. Please keep the letters from SHPO and NPS with your grant documentation.
OREGON SHPO SECTION 106 and
NEPA COMPLIANCE INSTRUCTIONS
For use for HPF- funded CLG pass-through grants
for development projects
(Insert Date)
Jessica Gabriel, Historian
Oregon Parks and Recreation Department
Oregon State Historic Preservation Office
Environmental Compliance Program
725 Summer St. NE, Suite C
Salem, OR 97301
RE: (Property name as registered in the National Register, as applicable, include historic district name if the property is in a district; property address, including city and county; Section, Township, and Range; Federal and CLG Grant Numbers)
Dear Ms. Gabriel:
The (Enter jurisdiction name) submits this letter and attached documentation in satisfaction of Section 106 of the National Historic Preservation Act, as amended, for the property identified above, listed in the National Register of Historic Places on (Enter date), (as part of the _____ historic district, complete if within a historic district), NRIS No. (Enter NRIS number). The project is partially-funded with a pass-through grant administered locally by the Oregon State Historic Preservation Office, made available by the National Park Service with federal monies from the Historic Preservation Fund. The Area of Potential Effect (APE) is the entirety of the current tax lot. The proposed project includes the following work items:
o Provide a bulleted list that clearly describes work being done; what materials will be used; how that work will be accomplished; and who will complete the work and their qualifications. Where appropriate, note what materials are not historic. Include sufficient supporting information (e.g. close-up photos; product specification sheets; site and construction plans; etc.) Together, the documentation should clearly show the existing conditions and how what is proposed meets the Secretary of the Interior’s Standards.
o If the project involves ground-disturbing activities (foundation or footing repair, setting posts, etc.) include a map that shows exactly where the activity will occur, and describe in a brief narrative how deep the hole or trench will be, and how it will be dug.
Based the public comment process and analysis of the project, it is my determination that the proposed undertaking has no adverse effect on the identified historic property. Supporting documentation, including a map, photos, and evidence of the public comment process are attached (Note other attachments as applicable). Please contact (enter staff contact information) with any further questions or comments.
Sincerely,
(title of appropriate official)
Enclosures: Project location map showing tax lot
Photos of affected property and project work area
Evidence of public notice and comment
(Note other attachments as applicable)
The National Park Service’s
State, Tribal, and Local Plans & Grants
Environmental Screening Worksheet
This worksheet should be attached to all NEPA documentation and sent to Hampton Tucker, Chief, of State, Tribal, and Local Plans & Grants for final review. This worksheet shall be completed and signed by the SHPO/THPO office funding the project work. The Categorical Exclusion Form (if applicable) will be reviewed and signed by Hampton Tucker.
A. PROJECT INFORMATION
Project Name: Click here to enter text
Grant Number: Click here to enter text
Program Area: