initiation of a programmatic agreement
DESCRIPTION
Initiation of A Programmatic Agreement. South Dakota State Historic Preservation Office and the Nebraska National Forests and Grasslands July 24, 2013 National Grasslands Visitor Center. Discussion Points. Federal Preservation Laws National Historic Preservation Act (NHPA) and 36CFR800 - PowerPoint PPT PresentationTRANSCRIPT
South Dakota State Historic Preservation South Dakota State Historic Preservation Office and theOffice and the
Nebraska National Forests and Nebraska National Forests and GrasslandsGrasslands
July 24, 2013July 24, 2013National Grasslands Visitor CenterNational Grasslands Visitor Center
Federal Preservation Laws National Historic Preservation Act
(NHPA) and 36CFR800 Purpose of the Programmatic
Agreement (PA) Consultation with the Public Next Steps Questions, Comments, and Concerns
Discussion Points
Federal Preservation Laws
Signed October 15, 1966 First National Policy Regarding Preservation Established • the Advisory Council for Historic Preservation
(ACHP),• the State Historic Preservation Offices (SHPOs),• and the National Register of Historic Places (NRHP)
Articulated Policy Regulating Federal Undertakings• Section 106 of this Act mandates Compliance and
Review Process (36CFR800 Regulations)
National Historic Preservation Act
Any federally funded, licensed or permitted
project requires consideration of historic resources under Section 106 • Applies to minimum, minor and major
projects. • Applies to any deliberative decision on
the part of the agency – permits, plans, NEPA
Intent is to protect historic resources
What Actions Require Section 106 Compliance?
Examples of Actions that require Section 106 Compliance include
Oil and Gas Fields
Road Construction
Range Improvement Projects
A district, site, building, structure or object
that is significant in the history, architecture, engineering, archaeology or culture of this state, its communities, or the nation.
What Is a Historical Resource?
Examples of Historical Resources include
Harney Peak Lookout Tower, Dam, Pumphouse and Stairway
Beaver Creek Bridge in Wind Cave NP
Wounded Knee Site
This current process is as follows:Initiate the undertaking and determine if surveys are necessaryIdentify historic resources Evaluate Significance of sites in local and national contextAssess whether the project will adversely affect any significant resources Resolve Adverse Affects (if any )
36CFR800 Process Applies to SHPO, Federal Agency, Proponents, and Public
Consult…. Consult…..Consult• One of the most important provisions in the regulation
Individuals with demonstrated interest in undertaking, local governments, tribes, applicants.
• Regulations, FS policy, and recent Executive Orders (13007, 13175) call for earlier and broader public participation in the review process
• Intended to ensure that people and entities most affected by federal projects have a strong voice in decisions relating to them
Throughout the Compliance Process
Purpose of the Programmatic Agreement (PA)
A Programmatic Agreement between the NNFG and the South Dakota SHPO would Streamline the Section 106 Process, Minimize delays in low-risk projects, and Allow the NNFG to complete NEPA analysis, sign decision documents, and implement projects in a more timely manner.
Participation of consulting parties early and
throughout the process
• SHPO/THPO
• Tribes
• Representatives of local governments
• Applicants for Federal assistance, permits, licenses,
approvals
• Additional consulting parties with demonstrated interests
• Preservation Partners and ACHP
Consultation with the Public
Next Steps
Take your comments and suggestions tonight Schedule and hold meetings targeting
additional interested parties (Tribes, grazing associations, and others)
Draft a document that takes public concerns into consideration
Invite the Advisory Council to participate Allow the public and other interested parties
time to review the draft document Negotiate with the South Dakota SHPO to
produce a mutually-agreed upon process
Questions, Comments,
and Concerns