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/

Survey & Planning

Nevada Cultural Resource Information System (NVCRIS) National Register of Historic Place (NRHP) State Register of Historic Places (SRHP)

Review & Compliance

National Historic Preservation Act(NHPA): Sections 106 & 110 State Preservation Laws: Burials & Covenant

Outreach

Nevada Site Stewardship Program (NSSP) Certified Local Governments (CLG)

Grants & Aid

Historic Preservation Fund (HPF) Commission for Cultural Centers and Historic Preservation (CCCHP) Historic Rehabilitation Tax Credits

Cultural Resource Compliance

Or why we comply: Nevada Edition

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

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

• pportunity 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

NHPA Section 106 Project Consultation

Federal Undertaking

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

When?

• Prior to approval of expenditure of any

federal funds on the undertaking (project)

• r to the issuance of any license or permit
• Earlyin project’s planning/development –

BEFORE decisions are made

NHPA Section 106 Project Consultation

• 1. INITIATE the process
• 2. IDENTIFY historic properties
• 3. ASSESS adverse effects
• 4. RESOLVE adverse effects

NHPA Section 106 Review Process

FEDERAL AGENCY SHPO/ THPO INDIAN TRIBES/ NHOs APPLICANTS & CONTRACTORS LOCAL GOVERNMENTS ADDITIONAL CONSULTING PARTIES ACHP (if participating) NPS (NHLs)

NHPA Section 106: Initiate Consulting Parties

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 …

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

Historic Versus Old

13

Survey

Architecture –

• SHPO encourages survey of above ground historic

properties be conducted by a qualified architectural historian

• 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).

El Rancho, Wells - Before rehab After rehab

Survey 2.0: Archaeology

to be concerned, or not … Are you disturbing ground?

Wye in the Road to Compliance: No additional work needed if …

• 1. NVCRIS shows it has been surveyed and

there was no archaeology.

• 2. NVCRIS shows no survey work was done,

but your pictures illustrate existing heavy ground disturbance.

First …

• Take pictures of the project

location.

• Make a 7.5’ USGS map/Shapefiles
• f project location.
• Contact NVCRIS (Karyn de Dufour)

for a positive/negative archaeology check.

• 1. NVCRIS shows it has been surveyed and

there was archaeology.

• 2. NVCRIS shows no survey work was done,

but your pictures show no existing heavy ground disturbance. SOI Qualified Archaeologist Needed …

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

Neglect Transfer, lease or sale of federal property Introduction of audible, visual

• r atmospheric elements

Alterations not according to Secretary of Interior’s Standards Damage, destruction or removal of historic properties Change in the character

• f use/setting

MOA stipulations

Agreement Documents

• 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

Keys to 106 Consultation Success

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:

First Contact Law Enforcement. Do NOT Disturb Or Unearth Remains.

1

If coroner or law enforcement determine remains to be prehistoric, contact SHPO.

2

SHPO contacts the Indian Commission and local tribes and arranges for disposition of any exposed remains

3

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/