Initiation of A Programmatic Agreement

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