Casper, WyomingMary HopkinsInterim SHPO Wyoming

Wyoming Wind Task ForceAugust 26, 2009

State Historic Preservation Office Programs

National Register of Historic PlacesHistoric Preservation Tax CreditsReview and ConsultationCertified Local Governments (CLG’s)Survey and Inventory (WYCRO)Architectural Technical AssistancePlanning (Historic Contexts

and Statewide HP Plan)Centennial Farm and RanchMonuments and MarkersArchaeological Awareness MonthSite StewardshipPublic Outreach and Training

National Historic Preservation Act1966 (NHPA)

• Established Federal Policy to:– Foster productive harmony between modern

society and historic resources– Provide preservation leadership– Administer historic resources in spirit of

stewardship– Assist preservation efforts of state and local

governments, Tribes, and the public

Requirements of Section 106• Prior to taking any action on an undertaking,

agencies must:

– Take into account the effect of the undertaking on historic properties

– Afford the Advisory Council on Historic preservation a reasonable opportunity to comment

Wyoming has streamlined this process with BLM, USFS, NRCS and NPS through Programmatic Agreements

Participants• Federal agencies

– BLM, USFS, BOR (One is the “lead” agency)• Advisory Council on Historic Preservation

– (a cabinet level federal agency)• Consulting Parties

– Local governments, Proponents, – Landowners, Tribes

• Public– Interest Groups

• (OCTA, Alliance for Historic Wyoming)

Basic Steps in the Process• Step I: Initiate the Process

– Public Involvement

• Step II: Identify historic properties– Public Involvement

• Step III: Assess adverse effects– Public Involvement

• Step IV: Resolve any adverse effects– Public Involvement

What are Cultural Resources?• Building (house, store, theater)

• Structure (bridge, kiln, tunnel)

• Object (fountain, monument)

• Site (trail, prehistoric camp, cairn)

• District (linkage of many sites)

• Traditional Cultural Properties(rooted in a community's history and are important in maintaining the continuing cultural identity of the community)

*National, State, or Local SignificanceThe National Park Service defines these resources in

“How to Apply the National Register Criteria for Evaluation”

What is the National Register? • The National Register of Historic Places is the

official list of the Nation's historic places worthy of preservation– Authorized under the National Historic Preservation Act

of 1966– Administered by the National Park Service – Managed by the SHPO at the state level

National Register Criteria• A. Association with events • B. Association with important people• C. Distinctive design /construction• D. Data potential (archaeological sites)

Seven Aspects of Integrity

• To be considered eligible, properties must have integrity of (as appropriate):– Location– Design– Materials– Workmanship– Feeling– Association– Setting

Determining Eligibility• Federal agency makes determinations of

eligibility and consults with SHPO/THPO– Federal agency must consult with, but agreement is

not required, with Indian tribes on TCP’s off tribal lands.

– If a disagreement occurs, any party may ask the Keeper of the NRHP to request a formal eligibility determination

– This is the final decision (a rarity in Wyoming) applies under 36CFR800 only.

• If no federal involvement, SHPO makes eligibility recommendations. (SHPO follows NPS standards.)

Wyoming Breakdownof Evaluated Resources

Eligible

Listed

Not Eligible

Unknow n

Prehistoric

HistoricMulticomponent

Unknown

Eligible 19%Listed on NRHP 1%Not Eligible 49%Unevaluated 31%

Prehistoric 70%Historic 26%Both 2%Unknown 2%

93,022 recorded cultural resources 8/1/2009

How are the NPS definitions applied in Wyoming?

In general:• Sites should be 50 years old or older (NPS guideline)• Must contain 15 or more associated prehistoric artifacts

or 50 or more associated historic artifacts• Historic and prehistoric features are sites

In general, resources which fall below these thresholds are considered “not eligible” to the National Register of Historic Places (NRHP) and are documented with lower standards.

Criteria of “Adverse Effect”Section 106:– Adverse effect occurs when integrity of a historic

property (eligible to NRHP) is diminished– Agency must:

• consider both direct and indirect effects • consider reasonably foreseeable effects: cumulative, later in time,

or at a distance• consider all qualifying characteristics of property

State/County projects:– SHPO may provide comment and recommendations– Final decision lies with State Agency or County

government.

Listing on the NRHP Does Not:Restrict the rights of owners to use, develop, or sell the propertyPrevent future alterations to the propertyRequire private owners to allow the public access to the propertyPlace restraints on the propertyMake artifacts discovered on private land the property of the federal

governmentOccur without owner notificationCause the location of the property to become public information

Prevent a federal undertaking or state projectfrom going forward.

Historic Trails National Trails System Act1968

Oregon Mormon PioneerPony ExpressCalifornia

Noteworthy Properties:Ft. Laramie National

Historic SiteSouth Pass National

Historic LandmarkFort BridgerIndependence RockOregon Trail RutsRegister Cliff

Overland, Cherokee, Bridger, and Bozeman are NRHP Eligible, but are not NHTs

Management Issues and Historic TrailsLand Ownership Patterns

Split EstateCheckerboard

Historic settings are challenging to manage and maintain.

Trails are dissected –cumulative effects are difficult to address.

Wyoming BLM/SHPO Protocol includes a process for assessing effect to setting of historic properties eligible under Criterion A, B, and/or C.

Wyoming State Statutes• Wyoming Antiquities Act 1935• Wyoming State Archaeologist Statute 1967• Wyoming Environmental Quality Act of 1973

– Land Quality

– Industrial Siting• Wyoming State Lands Title 36 (36-1-114 – 116)

– Permits to inventory– Permits to remove archaeological materials and artifacts

The Industrial Siting Process• Siting application

– evaluation of the impact of the project – plans and proposals for alleviating those impacts including

impacts on archeological and historic resources

• Industrial Siting Council must find– that the project won’t result in a significant detriment to. . .

impairment of the environment or socio-economic conditions of the present or expected inhabitants

– “environment” includes historic impacts over which the council has jurisdiction

State Lands and Other Regulations

• State Lands– Chapter 3, Section 9 of the State Land Commissioner’s rules

and regulations addresses cultural resources and states that steps must be taken in the construction and use of easements across state lands to protect and preserve archeological, paleontological, historical and any other cultural resources on state land

• Local Regulations– Varies from county to county. Check on the treatment of

archeological and historic properties in applicable county regulations.

Federal Undertaking initiated in 1994BLM, Rawlins Field Office Lead AgencyMemorandum of Agreement Negotiated to mitigate adverse effect.

– Signed in 1997 by SHPO and BLMTribal Involvement in the Undertaking

– Numerous Tribal Consulting Parties

Foote Creek Rim Wind Farm

Historic Carbon Cemetery

Simulation of Simpson Ridge Wind Farm

Wyoming SHPO contact:Mary Hopkins, Interim SHPO

hopkins@uwyo.edu307-766-5324/777-6311

website: http://wyoshpo.state.wy.us

Carbon Cemetery, Near Hanna Wyoming