Nevada Community Development Block Grant Program (CDBG): 2020 - PowerPoint PPT Presentation

Nevada Community Development Block Grant Program (CDBG): 2020 ENVIRONMENTAL REVIEW WORKSHOP

Questions & Contact Info: Ashley Wiley Robin Reed Review and Compliance Archaeologist Deputy State Historic Preservation Officer (775) 684-3450 (775) 684-3437 awiley@shpo.nv.gov rreed@shpo.nv.gov http://shpo.nv.gov/

Review & Compliance Grants & Aid National Historic Preservation Act(NHPA): Historic Preservation Fund (HPF) Sections 106 & 110 Commission for Cultural Centers and State Preservation Laws: Historic Preservation (CCCHP) Burials & Covenant Historic Rehabilitation Tax Credits Survey & Planning Outreach Nevada Cultural Resource Information Nevada Site Stewardship Program (NSSP) System (NVCRIS) Certified Local Governments (CLG) National Register of Historic Place (NRHP) State Register of Historic Places (SRHP)

Cultural Resource Compliance Or why we comply: Nevada Edition

• NHPA – Section 106 review process • NHPA – Section 106 review process • NEPA • NEPA • ARPA • ARPA • NAGPRA • NAGPRA • Executive Orders & Acts of Congress • Executive Orders & Acts of Congress • Nevada Revised Statutes (NRS) 381 and 383 • Nevada Revised Statutes (NRS) 381 and 383 • State Laws for Land Use • State Laws for Land Use • Municipal Laws • Municipal Laws

NHPA Section 106 Project Consultation Federal Agencies are REQUIRED:  Take into account the effects of their actions on historic properties  Provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment Obligated pursuant to Federal law: National Historic Preservation Act of 1966 Section 106: 54 U.S.C. 306108 Implementing regulations: 36 CFR 800 – Protection of Historic Properties: www.achp.gov/regs-rev04.pdf SHPO Project Review Coversheet: http://shpo.nv.gov/welcome-to-review-and- compliance/compliance-forms

Federal Undertaking Is this project an Undertaking? Federal land, money, permitting, approval etc…

NHPA Section 106 Project Consultation When?  Prior to approval of expenditure of any federal funds on the undertaking (project) or to the issuance of any license or permit  Early in project’s planning/development – BEFORE decisions are made

NHPA Section 106 Review Process 1. INITIATE the process 2. IDENTIFY historic properties 3. ASSESS adverse effects 4. RESOLVE adverse effects

NHPA Section 106: Initiate Consulting Parties SHPO/ FEDERAL THPO AGENCY INDIAN TRIBES/ ACHP NHOs (if participating) LOCAL NPS GOVERNMENTS (NHLs) ADDITIONAL APPLICANTS & CONSULTING PARTIES CONTRACTORS

Identification & Evaluation The Federal agency must:  Define the Area of Potential Effects (APE)  Effects may be  physical  visual  auditory  atmospheric  cumulative  Identify historic properties within the APE and Evaluate their historic significance

How are Historic Properties Identified? Literature search, Public outreach, Consultation with tribes, GIS Modeling, Pedestrian survey …

Historic Versus Old Section 106 regs consider properties to be Historic IF listed or eligible for the National Register of Historic Places (NR) Eligibility is based on age and integrity :  Generally 50 years old (except where “exceptional”)  7 Aspects of Integrity (condition) Significant in at least 1 of 4 areas:  Social events , patterns , processes  People  Architecture - Style, type, period  Data – usually archaeological 13

Survey Architecture – • SHPO encourages survey of above ground historic properties be conducted by a qualified architectural historian El Rancho, Wells - Before rehab • If not possible, historic-age resources may be left unevaluated but they will be considered eligible during Section 106 review. • Provide a statement for SHPO to concur whether a historic resource is eligible or not eligible for the National Register and why (e.g. integrity). After rehab

Survey 2.0: Archaeology to be concerned, or not … First … Are you disturbing ground? • Take pictures of the project location. • Make a 7.5’ USGS map/Shapefiles of project location. • Contact NVCRIS (Karyn de Dufour) for a positive/negative archaeology check. Wye in the Road to Compliance: No additional work needed if … SOI Qualified Archaeologist Needed … 1. NVCRIS shows it has been surveyed and 1. NVCRIS shows it has been surveyed and there was no archaeology . there was archaeology . 2. NVCRIS shows no survey work was done, 2. NVCRIS shows no survey work was done, but your pictures show no existing but your pictures illustrate existing heavy ground disturbance. heavy ground disturbance.

Will Historic Properties be Affected?  Make assessment of effects - (see 36 CFR 800)  Does not need to be direct and physical – can be change of character, introduction of visual, atmospheric or audible elements out of character with the property.  Does not have to be a certainty.  Will project affect the Integrity of historic properties ?  Cumulative – later in time or farther removed in distance but still reasonably foreseeable - must also be considered.

No Properties Definition: No cultural resources within the Area of Potential Effects (APE) that are listed or eligible for listing in the National Register of Historic Places.

No Historic Properties Affected Definition: There are cultural resources within the APE that are listed or eligible for listing in the National Register of Historic Places, but they have no potential to be affected by this undertaking. I am here, but it is all good – it’s cool!

No Adverse Effect Definition: There are cultural resources within the APE that are listed or eligible for listing in the National Register of Historic Places, but they will not be adversely affected by this undertaking. but not the same as No Properties Historic Affected

Examples of Adverse Effects Alterations not according to Secretary of Interior’s Standards Damage, destruction or Change in the character removal of historic properties of use/setting Introduction of audible, visual Transfer, lease or sale of Neglect or atmospheric elements federal property

Agreement Documents MOA stipulations

Keys to 106 Consultation Success  Consult before decisions are made – this is a process  Allow time  Consider alternatives  Address concerns or explain why you can’t  Use SHPO cover sheet for submittals  Know that 106 can range from preservation to total loss of historic property

Discovery! It is not as great as it sounds

Native American Burials – NRS • NRS 383.150 to 383.190 provides for the protection of Native American and prehistoric burials. • Provides protection on state land and private property. • Provides a process for notification and coordination through SHPO. This is us

Native American Burials If burial or any remains discovered: 1 First Contact Law Enforcement. Do NOT Disturb Or Unearth Remains. 2 If coroner or law enforcement determine remains to be prehistoric, contact SHPO. 3 SHPO contacts the Indian Commission and local tribes and arranges for disposition of any exposed remains

SHPO Review & Compliance Staff:  Rebecca Palmer, State Historic Preservation Officer (SHPO)  Robin Reed, Deputy SHPO, Historical Architect  Jessica Axsom, Archaeologist  Ashley Wiley, Archaeologist  vacant, R&C Architectural Historian  Karyn de Dufour, NVCRIS Coordinator  Kristen Brown, National Register & CLG Coordinator

Questions & Contact Info: Ashley Wiley Robin Reed Review and Compliance Archaeologist Deputy State Historic Preservation Officer (775) 684-3450 (775) 684-3437 awiley@shpo.nv.gov rreed@shpo.nv.gov http://shpo.nv.gov/