02/05/08 (incorporates ESB comments)
4.4.11 Historic and Cultural Resources
· Subsections:
This section may contain the following subsections:
National Heritage Areas Program
National Historic Preservation Act – Section 106 or State Historic Preservation Act – Section 14.09. This subsection may have the following subheadings:
Architectural Resources
Historic Bridges
Historic Canals
Historic Parkways
Archaeological Resources
Other Historic Resources
Native American Involvement
Section 4(f) Involvement
· Regulatory Framework and Guidance:
State Historic Preservation Act, Section 14.09
National Heritage Areas Partnership Act (Each heritage area is currently created by an individual law enacted by Congress. The NHAP Act had been approved by the Department of the
Interior and introduced in Congress as of October 2007.)
National Historic Preservation Act, Section 106
36 CFR 800
Section 4(f) - 49 USC 303
Section 6(f) of the Land and Water Conservation Fund Act
American Indian Religious Freedom Act
Act for the Preservation of American Antiquities
Historic Bridge Programmatic 4(f) Agreement
Section 123(f) - Uniform Relocation Assistance for Historic Bridges
National Registry of Natural Landmarks
National Historic Preservation Act - Section 110 for Historic Sites
· Interagency Coordination:
Document any consultation or coordination with outside agencies (meetings, site visits, major submissions and correspondence, permit, needs, consultation, etc.).
NYSOPRHP - consultation
SED (State Education Department) - cultural resource surveys
SHPO - effect opinion
THPO (Tribal Historic Preservation Officer) - consultation, effect opinion
NYSTA - consultation on canal and canal bridge issues
FHWA - approval of Section 106 (36 CFR 800) process
ACHP (Advisory Council on Historic Preservation) - consultation on adverse effects
Local Officials - consultation with officials having jurisdiction over the resource
· Cross-reference:
Appendix Cultural Resource Survey Report(s)
Appendix Memorandum(s) of Agreement
Appendix 4(f) Evaluation(s)
Data Recovery Plan
4.2.1 Land Use (historic districts)
4.6 Construction Effects
4.7 Indirect (Secondary) Effects
4.8 Cumulative Effects
Appendix Structures Information – Bridge Inspection Reports, Winbolt Historic Bridge Listing
Appendix Stakeholder and Public Input
National Heritage Areas Program
· Topics may include, but are not limited to:
National Heritage Area management program
· The National Heritage Areas in New York are:
Hudson River Valley National Heritage Area
Erie Canalway National Heritage Corridor
Champlain Valley National Heritage Partnership
A designation bill was introduced in Congress in October 2007 for a Niagara Falls National
Heritage Area.
· A list and map of National Heritage Areas is available on the National Park Service web site: http://www.nps.gov/history/heritageareas/VST/INDEX.HTM
· The Management Entity should be contacted regarding the Heritage Area to see if the project is consistent with any existing Heritage Area Management Plan. Include coordination in the Appendix.
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[Use for projects with no effect on National Heritage Areas]
The proposed project will not impact areas identified as National Heritage Areas.
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[Use for projects that DO affect National Heritage Areas]
The proposed project is located in -- National Heritage Area. The Management Entity has been contacted to ensure that the project is consistent with the Heritage Area Management Plan. Reference and include any correspondence in the Appendix.
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National Historic Preservation Act – Section 106 / State Historic Preservation Act – Section 14.09
· Topics may include, but are not limited to:
Project specific programmatic Section 106 procedure
Required documentation - FHWA concurrence on completion of 36 CFR 800 requirements
ACHP participation in adverse effects
· Discuss if a Cultural Resource Screening was, or will need to be, conducted, and the date, outcome and recommendations. Structures older than fifty years need to be screened for historic significance.
· NR properties can be identified and researched on the NYSOPRHP web site: http://www.nysparks.state.ny.us/shpo/disclaimers/legDisclaimer_image.htm
· FHWA guidance from Technical Advisory T6640.8A:
The draft EIS should contain a discussion demonstrating that historic and archeological resources have been identified and evaluated in accordance with the requirements of 36 CFR 800.4 for each alternative under consideration. The information and level of effort needed to identify and evaluate historic and archeological resources will vary from project to project as determined by the FHWA after considering existing information, the views of the SHPO and the Secretary of Interior's "Standards and Guidelines for Archeology and Historic Preservation." The information for newly identified historic resources should be sufficient to determine their significance and eligibility for the National Register of Historic Places. The information for archeological resources should be sufficient to identify whether each warrants preservation in place, or whether it is important chiefly because of what can be learned by data recovery and has minimal value for preservation in place. Where archeological resources are not a major factor in the selection of a preferred alternative, the determination of eligibility for the National Register of newly identified archeological resources may be deferred until after circulation of the draft EIS.
The draft EIS discussion should briefly summarize the methodologies used in identifying historic and archeological resources. Because Section 4(f) of the DOT Act applies to the use of historic resources on, or eligible for, the National Register, and to archeological resources on, or eligible for, the National Register, and which warrant preservation in place, the draft EIS should describe the historical resources listed in, or eligible for, the National Register, and identify any archeological resources that warrant preservation in place. The draft EIS should summarize the impacts of each alternative on and proposed mitigation measures for each resource. The document should evidence coordination with the SHPO on the significance of newly identified historic and archeological resources, the eligibility of historic resources for the National Register, and the effects of each alternative on both listed and eligible historic resources. Where the draft EIS discusses eligibility for the National Register of archeological resources, the coordination with the SHPO on eligibility and effect should address both historic and archeological resources.
The draft EIS can serve as a vehicle for affording the Advisory Council on Historic Preservation (ACHP) an opportunity to comment pursuant to Section 106 requirements if the document contains the necessary information required by 36 CFR 800.8. The draft EIS transmittal letter to the ACHP should specifically request its comments pursuant to 36 CFR 800.6.
To the fullest extent possible, the final EIS needs to demonstrate that all the requirements of 36 CFR 800 have been met. If the preferred alternative has no effect on historic or archeological resources on, or eligible for, the National Register, the final EIS should indicate coordination with, and agreement by, the SHPO. If the preferred alternative has an effect on a resource on, or eligible for, the National Register, the final EIS should contain (a) a determination of no adverse effect concurred on by the Advisory Council on Historic Preservation, (b) an executed memorandum of agreement (MOA), or (c) in the case of a rare situation where FHWA is unable to conclude the MOA, a copy of comments transmitted from the ACHP to the FHWA and the FHWA response to those comments.
The proposed use of land from an historic resource on, or eligible for, the National Register will normally require an evaluation and approval under Section 4(f) of the DOT Act. Section 4(f) also applies to all archeological sites on, or eligible for, the National Register and which warrant preservation in place.
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[Use for projects with no NR or NRE properties within the project’s area of potential effect]
According to the National Register (NR) of Historic Places, there are no historic properties eligible, or listed, within the project’s area of potential effect.
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[Use for projects with an NR or NRE property identified within the project’s area of potential effect – No effect]
A historic property, eligible for inclusion in, or listed on, the National Register, has been identified within the project’s area of potential effect. Describe property and nature of its historic significance. However, the project’s activities do not have the potential to cause effects on this historic property. A Finding of No Effect Document was sent to FHWA and copied to EAB and SHPO.
· FHWA must concur if SHPO doesn’t respond in 30 days. Refer to correspondence with FHWA and SHPO’s involvement. The “Finding Document” should be put in the Appendix and referred to here.
Correspondence with SHPO, along with the Finding Document, is included in Appendix --.
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[Use for projects with an NR or NRE property identified within the project’s area of potential effect – No adverse effect]
A historic property listed on, or eligible for inclusion in, the National Register of Historic Places has been identified within the project’s area of potential effect. Describe property and nature of its historic significance. However, the project’s activities do not have the potential to adversely affect the historic property. The undertaking will not alter, directly or indirectly, any of the characteristics that qualify the property for inclusion in the National Register, in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association. The Department has prepared a No Adverse Effect Finding Document and sent it to SHPO, with a copy to FHWA.
· SHPO then has 45 days to respond or ask for further information. After 45 days, if no SHPO objection or comment, FHWA sends concurrence memo to Region. State whether SHPO or FHWA responded and if they concur or any other correspondence.
Correspondence with SHPO, along with the Finding Document, is included in Appendix --.
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[Use for projects with an NR or NRE property identified within the project’s area of potential effect - adverse effect]
A historic property, eligible for inclusion in the National Register of Historic Places, exists within the project’s area of potential effect. Describe property and nature of its historic significance. The project will have an adverse effect on the property. Describe effects, mitigation, correspondence, etc. Include “adverse effect” finding in appendices.
· FHWA will make final adverse effect determination and notify the Advisory Council on Historic Preservation (ACHP). They have 15 days from receipt to participate in the 106 process.]
[ADD one of the following to address archeological sites:]
The proposed project will not require project activities within previously undisturbed areas that have the potential to contain archeological resources. Thus, an archeological survey will not be required. This concludes the Section 106 Process.
OR
The project may require minor ROW acquisition, with minor earth moving activities in previously undisturbed areas that have the potential to contain archeological resources. An archeological survey will be conducted to determine the presence of such resources. In the event that resources are found, their significance will be determined (through coordination with SHPO) and the project will be designed to mitigate any impacts to these resources as appropriate.
OR
If archeological resources were found, discuss where, if they will be removed, the effects the project will have on them, and whether the effects are considered adverse. Include appropriate correspondence in Appendix --.
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[Use for projects that will follow the Federal Section 106 process]
Because the project is a federally funded action, involves a federal permit, or is state funded with the possibility of becoming federally funded, the Department will be following the Section 106 Process of the National Historic Preservation Act. This ensures compliance with the NYSHPA Section 14.09 process.
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Architectural Resources
· Topics may include, but are not limited to:
Cultural Resource Survey Report
Eligibility for the National Register of Historic Places
Section 110 Preservation Plan
Cultural Resource Survey Report
Effects (impacts) assessment
Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)
Effect finding
Effect determination
· If an NRE property is located on site and needs to be taken or will be adversely affected (“used”), you need to state, “There is no feasible and prudent alternative” and, “The action includes all possible planning to minimize harm.” Describe the property and project’s effects on it. Refer to correspondence and/or concurrence from SHPO, FHWA, or ACHP. See Regional Cultural Resources Coordinator for more details.
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[Use for projects that have no federal-aid]
The proposed project is 100% State funded, therefore Section 110 does not apply.
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[Use for projects that have NO NR eligible properties identified within the project’s area of potential effect]
The proposed project does not involve federally owned, jurisdictional or controlled property that is eligible for inclusion in the National Register of Historic Places. Therefore, Section 110 does not apply.
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[Use for projects that have NR eligible properties identified within the project’s area of potential effect]
The proposed project involves work on federally owned, jurisdictional or controlled property that is eligible for inclusion in the National Register of Historic Places. Describe property and nature of its historic significance. The proposed project will comply with Section 106 of the National Historic Preservation Act, as well as 36 CFR Part 800 - Protection of Historic Properties.
· If a Section 110 property exists, a Preservation Plan from the federal agency must be in place.
The Federal Preservation Plan for the property has been reviewed and the project will comply, to the greatest extent possible, with the goals of the plan. Briefly summarize or cite preservation plan goals and explain how the project complies with them.
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[Use for projects that have NR eligible properties identified within the project’s area of potential effect and will have “no adverse effect”]
A property listed on, or eligible for, inclusion in the National Register of Historic Places is located within the project’s area of potential effect. The proposed project will have no adverse effect on the historic property. Please refer to the subsection above, National Historic Preservation Act – Section 106, for more detailed information.
Discuss if a Cultural Resource Survey was completed, a Determination of No Adverse Effect was sent to SHPO, FHWA, or ACHP, and correspondence with the agencies.
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Archaeological Resources
· Topics may include, but are not limited to:
Cultural Resource Survey Report
Archaeological Resources Protection Act