THE FOUR STEP SECTION 106 PROCESS: STEP TWO TENNESSEE STATE HISTORIC PRESERVATION OFFICE REVIEW AND COMPLIANCE SECTION All reproduction rights reserved.

THE FOUR STEP SECTION 106 THE FOUR STEP SECTION 106 PROCESS: STEP TWOPROCESS: STEP TWO

TENNESSEE STATE HISTORIC TENNESSEE STATE HISTORIC PRESERVATION OFFICEPRESERVATION OFFICE

REVIEW AND COMPLIANCE SECTIONREVIEW AND COMPLIANCE SECTION

All reproduction rights reserved

What follows is a presentation text in What follows is a presentation text in PowerPoint format. It is being presented PowerPoint format. It is being presented

that way because the staff of the Tennessee that way because the staff of the Tennessee State Historic Preservation Office’s Review State Historic Preservation Office’s Review

and Compliance Section believes you will be and Compliance Section believes you will be able to absorb more of the message of the able to absorb more of the message of the presentation in this format than if it were presentation in this format than if it were presented as a printed text. As such, this presented as a printed text. As such, this

presentation lacks much of the “punch” of a presentation lacks much of the “punch” of a normal PowerPoint presentation. But since normal PowerPoint presentation. But since we are not there to narrate all the needed we are not there to narrate all the needed information for you, this is the best way to information for you, this is the best way to

transmit the information you need to transmit the information you need to complete Section 106 review swiftly and complete Section 106 review swiftly and

successfully.successfully.

INTRODUCTIONINTRODUCTION

Identify Historic Identify Historic PropertiesProperties

Step TwoStep Two

Identify Historic PropertiesIdentify Historic Properties

• Determine Scope of EffortsDetermine Scope of Efforts• Identify Historic PropertiesIdentify Historic Properties• Evaluate Historic SignificanceEvaluate Historic Significance

Questions You Should Questions You Should Answer Before Beginning Answer Before Beginning

Consultation:Consultation:

Step Two: Every Undertaking Must Pass Step Two: Every Undertaking Must Pass Through This StepThrough This Step

• What is the Federal agency’s scope of What is the Federal agency’s scope of effort for this project as defined in the effort for this project as defined in the Regulation (Area of Potential Effects)?Regulation (Area of Potential Effects)?

• How will Historic Properties be How will Historic Properties be identified?identified?

Step Two: Identify Historic Properties:

• How will Historic Properties be How will Historic Properties be evaluated? evaluated?

Questions:

DETERMINE SCOPE OF DETERMINE SCOPE OF IDENTIFICATION EFFORTSIDENTIFICATION EFFORTS

When determining a Scope of Effort, the Federal When determining a Scope of Effort, the Federal agency should take into account the following aspects agency should take into account the following aspects of its undertaking (800.4 (b)(1) and 800.11(c)): of its undertaking (800.4 (b)(1) and 800.11(c)): ·· the size and nature of the undertakingthe size and nature of the undertaking ·· the degree of Federal involvement in the the degree of Federal involvement in the undertakingundertaking ·· the nature and likely location of Historic the nature and likely location of Historic Properties within the footprint of and adjacent to the Properties within the footprint of and adjacent to the undertakingundertaking

·· past Historic Preservation related studies of the vicinity past Historic Preservation related studies of the vicinity of the undertakingof the undertaking ·· applicable standards and guidelines published by the applicable standards and guidelines published by the State Historic Preservation Office and other appropriate State Historic Preservation Office and other appropriate agenciesagencies ·· the views of Consulting Partiesthe views of Consulting Parties ·· confidentiality concerns having to do with sensitive confidentiality concerns having to do with sensitive locational information of burial sites, archaeological sites, and locational information of burial sites, archaeological sites, and traditional cultural propertiestraditional cultural properties

The Federal agency should balance all these concerns when The Federal agency should balance all these concerns when defining a project’s Area of Potential Effects and identifying defining a project’s Area of Potential Effects and identifying Historic Properties potentially affected. For example, the degree Historic Properties potentially affected. For example, the degree of direct Federal involvement in an undertaking may be minimal of direct Federal involvement in an undertaking may be minimal (no direct funding), but the nature of the undertaking (Federal (no direct funding), but the nature of the undertaking (Federal Communications Commission licenses for cellular Communications Commission licenses for cellular communications facilities and communications facilities and antenna structure registrations antenna structure registrations for example) may be inordinately impactful. This is true in this for example) may be inordinately impactful. This is true in this particular case because of the likelihood of Historic Properties particular case because of the likelihood of Historic Properties being identified within project Areas of Potential Effects that being identified within project Areas of Potential Effects that would be visually affected by out of character with the would be visually affected by out of character with the landscape cellular towers.landscape cellular towers.

Federal undertakings have both direct and indirect effects. That Federal undertakings have both direct and indirect effects. That is, effects may be both direct and immediate and secondary and is, effects may be both direct and immediate and secondary and cumulative over time. Under the Regulation, Federal agencies cumulative over time. Under the Regulation, Federal agencies should apply the “if but for” rule as they resolve a particular should apply the “if but for” rule as they resolve a particular undertaking’s ultimate and foreseeable Area of Potential Effects. undertaking’s ultimate and foreseeable Area of Potential Effects. For example, a Federal agency receives an application for a For example, a Federal agency receives an application for a permit to build a large marina out from the shore of a lake in permit to build a large marina out from the shore of a lake in conjunction with the construction of an adjacent condominium conjunction with the construction of an adjacent condominium development and golf course. The agency is required, in development and golf course. The agency is required, in establishing the undertaking’s immediate and foreseeable Area establishing the undertaking’s immediate and foreseeable Area of Potential Effects, to determine whether the marina is essential of Potential Effects, to determine whether the marina is essential to the condominium and golf course development.to the condominium and golf course development.

A standard operating procedure for making such a determination involves A standard operating procedure for making such a determination involves reviewing the condominium and golf course development site plan to reviewing the condominium and golf course development site plan to decide whether the marina is among its charted and marketed decide whether the marina is among its charted and marketed programmatic elements. If the Federal agency determines after a good programmatic elements. If the Federal agency determines after a good faith analysis that the successful marketing of the condominium and golf faith analysis that the successful marketing of the condominium and golf course development is directly dependent upon the construction of the course development is directly dependent upon the construction of the marina, then the Area of Potential Effects of the undertaking should marina, then the Area of Potential Effects of the undertaking should include both the marina and the condominium and golf course include both the marina and the condominium and golf course development. Experience dictates that the marina has the potential development. Experience dictates that the marina has the potential directly to affect archaeological Historic Properties along the lakeshore directly to affect archaeological Historic Properties along the lakeshore and indirectly to affect archaeological and architectural Historic Properties and indirectly to affect archaeological and architectural Historic Properties disturbed or visually affected during the construction of the condominium disturbed or visually affected during the construction of the condominium and golf course development. If the successful marketing of the and golf course development. If the successful marketing of the condominium and golf course development does not directly depend upon condominium and golf course development does not directly depend upon the marina, the Area of Potential Effects then includes only the marina the marina, the Area of Potential Effects then includes only the marina footprint.footprint.

Here is another example. A Federal agency receives a request Here is another example. A Federal agency receives a request to fund the installation of an underground water line to fund the installation of an underground water line stretching from the community water treatment plant to a stretching from the community water treatment plant to a proposed industrial park a few miles away. In defining the proposed industrial park a few miles away. In defining the project Area of Potential Effects, the Federal agency should project Area of Potential Effects, the Federal agency should test the proposed industrial park against the “if but for” rule. test the proposed industrial park against the “if but for” rule. If the industrial park is dependent for its existence upon the If the industrial park is dependent for its existence upon the water line, then the project’s Area of Potential Effects includes water line, then the project’s Area of Potential Effects includes both the route of the water line and the site of the industrial both the route of the water line and the site of the industrial park. If the industrial park could reasonably be expected to park. If the industrial park could reasonably be expected to function without the new water line (most unlikely), then the function without the new water line (most unlikely), then the Area of Potential Effects would only include the route of the Area of Potential Effects would only include the route of the line.line.

The “if but for” rule is a direct result of the concept of The “if but for” rule is a direct result of the concept of secondary, cumulative, and foreseeable project effect. secondary, cumulative, and foreseeable project effect. Because the Regulation states very clearly that any Federal Because the Regulation states very clearly that any Federal undertaking may have both direct and indirect (secondary, undertaking may have both direct and indirect (secondary, cumulative, and foreseeable) effects, then Federal agencies cumulative, and foreseeable) effects, then Federal agencies should apply the “if but for” rule as a matter of course when should apply the “if but for” rule as a matter of course when deciding upon Areas of Potential Effects.deciding upon Areas of Potential Effects. Agencies that do not take both direct and indirect effects into Agencies that do not take both direct and indirect effects into account when deciding upon their Areas of Potential Effects account when deciding upon their Areas of Potential Effects risk charges of noncompliance and resultant litigation. Such risk charges of noncompliance and resultant litigation. Such agencies also risk State Historic Preservation Office findings agencies also risk State Historic Preservation Office findings of foreclosure of an opportunity meaningfully to comment.of foreclosure of an opportunity meaningfully to comment.

Scope of Efforts:

(a) DETERMINE SCOPE OF (a) DETERMINE SCOPE OF IDENTIFICATION EFFORTS. In IDENTIFICATION EFFORTS. In consultation with the SHPO, the consultation with the SHPO, the agency official shall:agency official shall:

(1) Determine and (1) Determine and document the area of document the area of potential effects, as defined in potential effects, as defined in Sec. 800.16(d);Sec. 800.16(d);

Scope of Efforts:

AREA OF AREA OF POTENTIAL POTENTIAL EFFECTSEFFECTS

(APE)(APE)

•geographic area or areas _____geographic area or areas _____•within which an undertaking may _____within which an undertaking may _____•directly or indirectly cause alterations _____directly or indirectly cause alterations _____•in the character or use _____in the character or use _____•of historic properties _____ of historic properties _____ •if any such properties exist _____if any such properties exist _____ The APE is influenced byThe APE is influenced by•the scale and nature of an undertaking _____the scale and nature of an undertaking _____•may be different for different kinds of effects may be different for different kinds of effects

caused by the undertaking _____caused by the undertaking _____

AREA OF POTENTIAL EFFECTSAREA OF POTENTIAL EFFECTS(APE)(APE)

geographic area or areas…geographic area or areas…

(This is a BOUNDED AREA (This is a BOUNDED AREA on a USGS quadrant 1:24000 scale 7 on a USGS quadrant 1:24000 scale 7 ½ minute series topographic map.)½ minute series topographic map.)

……within which an undertaking within which an undertaking MAY…MAY…

……DIRECTLY OR INDIRECTLY cause DIRECTLY OR INDIRECTLY cause ALTERATIONS…ALTERATIONS…

(Directly or Indirectly = “Immediate OR (Directly or Indirectly = “Immediate OR Foreseeable AND Cumulative”Foreseeable AND Cumulative”

Alterations = “Change, Modification, or Alterations = “Change, Modification, or Adjustment”)Adjustment”)

……in the CHARACTER or USE…in the CHARACTER or USE…

(Character = “The combination (Character = “The combination of of qualities or features that qualities or features that distinguishes distinguishes one thing from one thing from another.”another.”

Use = “The purpose for which Use = “The purpose for which something is used.”) something is used.”)

……of Historic Properties…of Historic Properties…

……if any such properties exist.if any such properties exist.

APE COMPOSIT APE COMPOSIT DEFINITIONDEFINITION

A BOUNDED AREA ON A USGS A BOUNDED AREA ON A USGS TOPOGRAPHIC MAP WITHIN WHICH AN TOPOGRAPHIC MAP WITHIN WHICH AN UNDERTAKING MAY CHANGE, MODIFY, OR UNDERTAKING MAY CHANGE, MODIFY, OR ADJUST EITHER THAT COMBINATION OF ADJUST EITHER THAT COMBINATION OF QUALITIES OR FEATURES THAT QUALITIES OR FEATURES THAT DISTINGUISHES ONE HISTORIC PROPERTY DISTINGUISHES ONE HISTORIC PROPERTY FROM ANOTHER OR THE PURPOSE FOR FROM ANOTHER OR THE PURPOSE FOR WHICH THE HISTORIC PROPERTY HAS WHICH THE HISTORIC PROPERTY HAS BEEN USED TRADITIONALLY EITHER BEEN USED TRADITIONALLY EITHER IMMEDIATELY, CUMULATIVELY, OR IMMEDIATELY, CUMULATIVELY, OR WITHIN THE FORESEEABLE FUTURE.WITHIN THE FORESEEABLE FUTURE.

SO FAR, YOU HAVE NOT YET SO FAR, YOU HAVE NOT YET BEEN EXPECTED TO BEEN EXPECTED TO

STIPULATE WHETHER THAT STIPULATE WHETHER THAT CHANGE, MODIFICATION, OR CHANGE, MODIFICATION, OR ADJUSTMENT IS SALUTARY ADJUSTMENT IS SALUTARY

OR DESTRUCTIVE TO OR DESTRUCTIVE TO HISTORIC PROPERTIES.HISTORIC PROPERTIES.

THAT GETS SETTLED THAT GETS SETTLED LATER IN THE PROCESS LATER IN THE PROCESS

THROUGH THROUGH CONSULTATION.CONSULTATION.

The location of the The location of the project APE is influenced project APE is influenced by…by…

the SCALE and NATURE of an undertakingthe SCALE and NATURE of an undertaking

SCALE =SCALE =““The GRADATION of the undertaking (LIGHT The GRADATION of the undertaking (LIGHT Federal involvement to HEAVY Federal Federal involvement to HEAVY Federal involvement ) and the SIZE of the undertaking involvement ) and the SIZE of the undertaking itself (LARGE, MEDIUM, or SMALL AREA)”itself (LARGE, MEDIUM, or SMALL AREA)”

the SCALE and NATURE of an undertakingthe SCALE and NATURE of an undertaking

NATURE =NATURE =““The particular COMBINATION OF The particular COMBINATION OF QUALITIES belonging to the QUALITIES belonging to the undertaking undertaking (i.e. demolition, ground (i.e. demolition, ground disturbance, disturbance, construction, etc.)”construction, etc.)”

The boundary of the APE may be The boundary of the APE may be DIFFERENT for different kinds of DIFFERENT for different kinds of effects caused by the undertaking. effects caused by the undertaking. There is an…There is an…

• Architectural APEArchitectural APE

• Archaeological APEArchaeological APE

THE AGENCY OFFICIAL THE AGENCY OFFICIAL SHALL ESTABLISH AND SHALL ESTABLISH AND

PLOT THE PROJECT’S APE PLOT THE PROJECT’S APE ON THE APPROPRIATE ON THE APPROPRIATE

TOPOGRAPHIC MAP USING TOPOGRAPHIC MAP USING THESE METRICSTHESE METRICS

THE AGENCY OFFICIAL SHALL THE AGENCY OFFICIAL SHALL REVIEW EXISTING INFORMATION, REVIEW EXISTING INFORMATION,

SEEK INFORMATION, AND, GATHER SEEK INFORMATION, AND, GATHER INFORMATION ON HISTORIC INFORMATION ON HISTORIC

PROPERTIES LOCATED WITHIN THE PROPERTIES LOCATED WITHIN THE AREA OF POTENTIAL EFFECTSAREA OF POTENTIAL EFFECTS

Scope of Efforts:

(2) Review existing information on (2) Review existing information on historic properties within the area of historic properties within the area of potential effects, including any data potential effects, including any data concerning possible historic properties concerning possible historic properties not yet identified; not yet identified;

(3) Seek information, as appropriate, from (3) Seek information, as appropriate, from consulting parties, and other individuals and consulting parties, and other individuals and organizations likely to have knowledge of, or organizations likely to have knowledge of, or concerns with, historic properties in the area, concerns with, historic properties in the area, and identify issues relating to the and identify issues relating to the undertaking's potential effects on historic undertaking's potential effects on historic properties; and properties; and

Scope of Efforts:

Scope of Efforts:

(4) Gather information from any Indian tribe identified (4) Gather information from any Indian tribe identified pursuant to Sec. 800.3(f) to assist in identifying properties, pursuant to Sec. 800.3(f) to assist in identifying properties, including those located off tribal lands, which may be of including those located off tribal lands, which may be of religious and cultural significance to them and may be religious and cultural significance to them and may be eligible for the National Register, recognizing that an Indian eligible for the National Register, recognizing that an Indian tribe may be reluctant to divulge specific information tribe may be reluctant to divulge specific information regarding the location, nature, and activities associated with regarding the location, nature, and activities associated with such sites. The agency official should address concerns such sites. The agency official should address concerns raised about confidentiality pursuant to Sec. 800.11(c)raised about confidentiality pursuant to Sec. 800.11(c)

HOW WILL YOU ASSEMBLE HOW WILL YOU ASSEMBLE EXISTING INFORMATION ON EXISTING INFORMATION ON

KNOWN HISTORIC PROPERTIES KNOWN HISTORIC PROPERTIES WITHIN THE BOUNDARY OF THE WITHIN THE BOUNDARY OF THE AREA OF POTENTIAL EFFECTS AREA OF POTENTIAL EFFECTS AND SEEK MORE INFORMATION AND SEEK MORE INFORMATION FROM CONSULTING PARTIES?FROM CONSULTING PARTIES?

Scope of Efforts:You or your cultural resources staff or consultant reviews the You or your cultural resources staff or consultant reviews the current architectural and archaeological site files of the current architectural and archaeological site files of the Tennessee State Historic Preservation Office and any other state Tennessee State Historic Preservation Office and any other state repository of such files such as the Tennessee State Division of repository of such files such as the Tennessee State Division of Archaeology or academic institution that maintains Archaeology or academic institution that maintains archaeological files. Then, you consult with all other consulting archaeological files. Then, you consult with all other consulting parties to learn what they may know about historic properties parties to learn what they may know about historic properties located within the area of potential effects. Tribes and other located within the area of potential effects. Tribes and other consulting parties may have developed their own definitions of consulting parties may have developed their own definitions of project areas of potential effects based upon the presence of project areas of potential effects based upon the presence of properties of religious and cultural significance to them.properties of religious and cultural significance to them.

Scope of Efforts:

When all consulting parties have responded or had a When all consulting parties have responded or had a reasonable opportunity to respond, you collate all the reasonable opportunity to respond, you collate all the accumulated data and use it to inform your decisions accumulated data and use it to inform your decisions about the existence of historic properties in the area of about the existence of historic properties in the area of potential effects.potential effects.

Why do you…Why do you…

Scope of Efforts:

1. Determine Scope of Efforts:1. Determine Scope of Efforts:

A. Define the Area Of Potential Effects. A. Define the Area Of Potential Effects.

B. Define the degree of Federal involvement in B. Define the degree of Federal involvement in the undertaking. the undertaking.

C. Define the nature and likely location of C. Define the nature and likely location of Historic Properties within the footprint of and Historic Properties within the footprint of and adjacent to the undertaking. adjacent to the undertaking.

Scope of Efforts:

A. Define the Area Of Potential Effects. Why?A. Define the Area Of Potential Effects. Why?

You do all this to ensure you will locate all potential You do all this to ensure you will locate all potential Historic Properties that might be affected by your Historic Properties that might be affected by your undertakingundertaking

RISK MANAGEMENTRISK MANAGEMENT

B. Define the degree of Federal involvement B. Define the degree of Federal involvement in the undertaking. Why?in the undertaking. Why?

To ensure you apply the correct amount of research To ensure you apply the correct amount of research and consultation to identify and evaluate potential and consultation to identify and evaluate potential Historic Properties within the APEHistoric Properties within the APE


Scope of Efforts:

C. Define the nature and likely location of C. Define the nature and likely location of Historic Properties within the footprint of and Historic Properties within the footprint of and adjacent to the undertaking. Why?adjacent to the undertaking. Why?

To ensure you have evaluated the National Register To ensure you have evaluated the National Register eligibility of all those properties you have located eligibility of all those properties you have located within the APE.within the APE.


Scope of Efforts:

SECTION SECTION 106 106

CHECKLISTCHECKLIST

How Do You…

……Define an Area of Define an Area of Potential Effects?Potential Effects?

Area of Potential Effects:

A. Define the Area Of Potential Effects:

You should define the undertaking’s formal Area of Potential Effects in consultation with the Tennessee State Historic Preservation Office (800.16(d), 800.4(a) and 800.2(c)(3)(iv)) and in consultation with all other appropriate Consulting Parties

When determining an Area of Potential Effects, you should take into account the following aspects of the undertaking (800.4(b)(1) and 800.11(c)):


Questions:

the size and nature of the undertaking

How LARGE an area (acres, miles,

etc,) are you proposing for your undertaking? _________

What is the NATURE of your undertaking? What are you planning to do there?___________________________________________________

Questions:


Remember! Your undertaking will have the potential for both direct and indirect effects to Historic Properties.

Typical Types of Effects

(BOTH direct and indirect)


Questions:

• Destruction/damage/demolition_____

• Alteration through new construction_____

• Removal/ground disturbance______

• Change in setting______

• Isolation from surroundings_______

• Introduction of new environmental elements_______

• Neglect_______

• Transfer, lease, or sale_______

Questions:

What are the possible direct effects of your undertaking? _______________________________________________________________________________________________________________________________________________________________

Questions:

What are the possible indirect effects of your undertaking (cumulative, foreseeable, later in time, farther removed in distance)? _______________________________________________________________________________________________________________________________

Questions:

B. Define the degree of Federal involvement in the undertaking

What is the degree of Federal involvement?

Funding __________(high) Licensing ____________(medium)Permitting _____________(medium) Approving _____________(low) .

Questions:

What is the degree of Federal involvement?

On Federal property _____(high)

Off Tribal Lands _____ (medium)

Off Federal property _____(medium)

Questions:


C. Define the nature and likely location of Historic Properties within the footprint of and adjacent to the undertaking

the likely nature of Historic Properties (36 CFR Part 60): Are there known National Register of Historic Places listed or eligible…

Districts_____

Sites_____

Buildings_____

Structures_____

Objects_____ .

Questions:

likely location of Historic Properties within the footprint of and adjacent to (within sight or sound of) the undertaking

Likely_________ Unlikely_________

Questions:

HOW DO YOU HOW DO YOU KNOW?KNOW?

Do you know of any previously-identified Historic Properties located within the boundary of your undertaking or close to it?

Yes_______ No______

Don’t Know_____

Questions:

Did you check with the Keeper of the National Register?

http://www.nps.gov/history/nr/index.htm Yes_________ No_________

Questions:

Did you check with the Tennessee SHPO National Register staff?

Yes_________ No_________

Questions:

Did you check with the other Consulting Parties?

Yes_________ No_________

Questions:

Questions:

Do you know of past Historic Preservation related studies of the vicinity of the undertaking

Yes_________ No_________

Don’t Know_____

Do you know the applicable survey standards and guidelines published by the State Historic Preservation Office and other appropriate agencies

Have you located any such standards?

Yes_________ No_________

Questions:

Do you know the initial views of Consulting Parties concerning National Register eligible properties and the boundaries of the Area of Potential Effects?

Yes_________ No________

Questions:

Reality Check:

If “No,”, then do not proceed until you have formally asked for the initial views of all other Consulting Parties.

Do you know of any confidentiality concerns having to do with sensitive locational information of burial sites, archaeological sites, and traditional cultural properties

Yes_________ No_________

Questions:

Confidentiality ConcernsConfidentiality Concerns

What limits do the NHPA, and 36 CFR Part 800, and the U. S. Supreme Court impose upon the information gathered during Section 106 review that is openly available to the public?

Section 304 of the NHPA says that, “the head of a federal agency or other public official receiving grant assistance pursuant to this Act, after consultation with the Secretary of the Interior, shall withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if the Secretary and the agency decide that disclosure may:

(a) cause a significant invasion of privacy;

(b) risk harm to the historic resource; or

(c) impede the use of a traditional religious site by practitioners.


HOWEVER…HOWEVER…

The 36 CFR Part 800.2(d)(2) regulation states “The agency

official must, except where appropriate to protect

confidentiality concerns of affected parties, provide the public with information about an undertaking and its effects on historic properties and seek public comment and input.”


Please note the clearly stated regulatory exception relating to confidentiality concerns defined at Section 304 of the NHPA involving public access.


Legitimate concerns in Congress: disclosure of sensitive historic property locational information to the public would…

contend with private property rights

draw unwanted attention from looters of significant archaeological sites

hamper legitimate protection of traditional religious sites


In Pell v. Procunier (1974) the United States Supreme Court found that the press did not have a constitutional right of access greater than that allowed to the public. The Court stated that the press and the public are regularly excluded from grand jury proceedings, judicial conferences, crime scenes, disaster scenes, meetings of some official bodies, and meetings of private organizations. According to the finding, the Constitution does not impose upon government “the affirmative duty to make available to journalists sources of information not available to members of the public generally.”


http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Pell_v_Procunier

Therefore, any consultation meeting held as the result of a Section 106 case where there is a reasonable expectation that sensitive prehistoric or historic archaeological properties or sensitive traditional cultural properties will be discussed and/or located on a map will be closed both to the public and the press, and to all others who do not have clear standing as consulting parties as defined at 36 CFR Part 800.2.


To preserve press and public freedom of information about the undertaking, members of the press and the public must be offered ample occasion during scheduled public meetings to hear in general terms from the agency official about the project under discussion and to enter their concerns into the public record.


Reality Check:

Do not move further until you have made a good faith effort to answer all the preceding questions.

APE APE CONSULTATION CONSULTATION WITH THE SHPOWITH THE SHPO

Now that you have gathered all the necessary documentation on the undertaking’s APE, you should submit it to the Tennessee SHPO.

APE consultation with the SHPO:APE consultation with the SHPO:

The APE consultation documentation you should send to the Tennessee SHPO is similar to that which you submitted with your initial review request.

APE consultation with the SHPO:APE consultation with the SHPO:

If you have previously consulted on an APE with the Tennessee SHPO informally, you may combine initial review and APE review in one step.

Reality Check:

But, if not, prepare the following documents for submittal to the Tennessee SHPO…

APE Consultation with the SHPO:

A letter requesting Section 106 review of your undertaking‘s proposed Area of Potential Effects

Yes_________ No_________


(a) The name of the federal agency funding, licensing, or permitting your undertaking. _____

(b) The name, address, and telephone number of the applicant for federal funding, licensing, or permitting. _____

(c) The street address, city, and county of the undertaking. _____

(d) A list of Consulting Parties invited to participate in consultation relative to the APE. _____ .


(e) A USGS 7 1/2 minute topographic map (be sure to include the name of the map) clearly indicating the boundary of the undertaking, the location of all undertaking elements, and the undertaking’s proposed Area of Potential Effects. _____

(f) Other suitably scaled maps or site plans as necessary to depict the extent of the undertaking and its locational relationship to its surroundings and environment. _____


(g) A narrative which describes the undertaking in sufficient detail to enable a reader unfamiliar with the undertaking or its location to gain a full understanding of the undertaking and all of its elements and their potential to affect directly and indirectly any historic properties within the proposed Area of Potential Effects. _____


(h) Original chemical or digital photographs of the undertaking’s proposed Area of Potential Effects that are numbered and clearly keyed to one of the above maps or site plans (“Tennessee State Historic Preservation Office, Review and Compliance Section, Photographic Policy Standards and Guidelines:Initial Request, 2011”*). ______


*Excerpted from “National Register Photo Policy Factsheet” *Excerpted from “National Register Photo Policy Factsheet” Office of the Keeper of the National Register of Historic Office of the Keeper of the National Register of Historic Places, 2008Places, 2008


Federal agencies and applicants for Federal assistance must provide photographic documentation to accompany their Section 106 review requests. This photographic documentation must comply with the following Policy Standards and Guidelines. 1. Buildings, structures, and objects: a. Submit photographs showing the principal facades and the setting in which the property is located. Additions, alterations, intrusions, and dependencies should appear in the photographs. b. Include views of interiors, outbuildings, landscaping, or unusual features if they contribute to the significance of the property.


2. Historic and archeological sites: a. Submit photographs showing the condition of the site and any above-ground or surface features and disturbances. b. If relevant to the evaluation of significance, include drawings or photographs illustrating artifacts that have been removed from the site. c. At least one photograph must show the physical environment and topography of the site.


3. Architectural and Historic Districts (key all photographs to the sketch map for the district): a. Submit photographs showing major building types and styles, pivotal buildings and structures, and representative noncontributing resources. b. Streetscapes and landscapes are recommended. Aerial views may also be useful. Views of significant topographic features and spatial elements should also be submitted.

c. Views of individual buildings are not necessary if streetscape views clearly illustrate the significant historical and architectural qualities of the district.


4. Archeological Districts: a. Submit photographs of the principal sites and site types within the district following the guidelines for archaeological sites (see above). 5. Selecting a Digital Camera: Six megapixel or greater digital SLR camera 6. Taking the Picture: Tag Image File format (TIFF) or RAW format images. Six megapixels or greater (2000 x 3000 pixel image) at 300 dpi


7. Printing the Images:

a. No more than two images per 8 ½” X 11” page

b. Manufacturer recommended ink for photograph printing - some examples: 1. Epson UltraChrome K32. Kodak No. 10 Pigmented Inks3. HP Vivera Pigment Inks4. Epson Claria “Hi-Definition Inks”5. Epson DuraBrite Ultra Pigmented Inks6. HP Vivera 95 dye-based inks


8. Examples of acceptable photo label – place below photograph: a. Name of Property:b. Street Address:c. City or Vicinity:d. County:e. State:f. Date of Photograph:

(i) Any available information including dates of construction of buildings either inside the undertaking footprint or within view or sound of the undertaking. Be sure to include photographs of buildings within the undertaking’s proposed Area of Potential Effects. _____


HOW DO YOU ENSURE HOW DO YOU ENSURE YOU HAVE IDENTIFIED YOU HAVE IDENTIFIED

ALL POTENTIAL HISTORIC ALL POTENTIAL HISTORIC PROPERTIES?PROPERTIES?

Historic Properties:

2. Identify Historic Properties:

Once you have reached consensus on the defined project Area of Potential Effects in consultation with the Tennessee State Historic Preservation Officer and others…

…you should take steps to identify any above or below-ground human-made things inside the boundary of that APE that might be Historic Properties.


Once a Federal agency has defined the project Area of Potential Once a Federal agency has defined the project Area of Potential Effects, it should take steps to identify any potentially affected Effects, it should take steps to identify any potentially affected Historic Properties within its boundary. This often -- but not Historic Properties within its boundary. This often -- but not always -- involves an on the ground reconnaissance level survey always -- involves an on the ground reconnaissance level survey of the Area of Potential Effects for archaeological and of the Area of Potential Effects for archaeological and architectural resources. Cultural resources surveys should be architectural resources. Cultural resources surveys should be conducted by qualified agency staff, qualified applicant staff, or conducted by qualified agency staff, qualified applicant staff, or qualified Historic Properties contractors. The Tennessee State qualified Historic Properties contractors. The Tennessee State Historic Preservation Office has prepared a reporting standard Historic Preservation Office has prepared a reporting standard that Federal agencies and applicants should use as a guidance that Federal agencies and applicants should use as a guidance document for the preparation of Historic Properties surveys.document for the preparation of Historic Properties surveys.

The scope of such Historic Property surveys should be defined The scope of such Historic Property surveys should be defined following direct consultation between the Federal agency or its following direct consultation between the Federal agency or its duly certified applicant, the Tennessee State Historic duly certified applicant, the Tennessee State Historic Preservation Office, and other Consulting Parties. All survey Preservation Office, and other Consulting Parties. All survey reports and those who prepare them should conform to the reports and those who prepare them should conform to the “Secretary Of The Interior’s Standards And Guidelines For “Secretary Of The Interior’s Standards And Guidelines For Archaeology And Historic Preservation”. The Tennessee State Archaeology And Historic Preservation”. The Tennessee State Historic Preservation Office will likely return to the Federal Historic Preservation Office will likely return to the Federal agency for appropriate revision any survey reports that do not agency for appropriate revision any survey reports that do not meet documentation standards contained in the Regulation and meet documentation standards contained in the Regulation and reporting standards established by the Tennessee State Historic reporting standards established by the Tennessee State Historic Preservation Office.Preservation Office.


Simply put, the Section 106 review process Simply put, the Section 106 review process identifies, evaluates, and treats Historic identifies, evaluates, and treats Historic Properties. Historic Properties are “all those Properties. Historic Properties are “all those buildings, districts, structures, sites, and objects, buildings, districts, structures, sites, and objects, identified as yet or not, that are eligible for listing identified as yet or not, that are eligible for listing in the National Register of Historic Places.”in the National Register of Historic Places.”

How Do You…

……Identify Historic Identify Historic Properties?Properties?

(1) LEVEL OF EFFORT. The agency official shall make a reasonable and (1) LEVEL OF EFFORT. The agency official shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample include background research, consultation, oral history interviews, sample field investigation, and field survey. The agency official shall take into field investigation, and field survey. The agency official shall take into account past planning, research and studies, the magnitude and nature of account past planning, research and studies, the magnitude and nature of the undertaking and the degree of Federal involvement, the nature and the undertaking and the degree of Federal involvement, the nature and extent of potential effects on historic properties, and the likely nature and extent of potential effects on historic properties, and the likely nature and location of historic properties within the area of potential effects. The location of historic properties within the area of potential effects. The Secretary's standards and guidelines for identification provide guidance on Secretary's standards and guidelines for identification provide guidance on this subject. The agency official should also consider other applicable this subject. The agency official should also consider other applicable professional, State, tribal, and local laws, standards, and guidelines. The professional, State, tribal, and local laws, standards, and guidelines. The agency official shall take into account any confidentiality concerns raised agency official shall take into account any confidentiality concerns raised by Indian tribes or Native Hawaiian organizations during the identification by Indian tribes or Native Hawaiian organizations during the identification process. process.

Historic Properties are National Register eligible if they retain Historic Properties are National Register eligible if they retain integrity of:integrity of: ·· designdesign·· feelingfeeling·· associationassociation·· workmanshipworkmanship·· settingsetting·· locationlocation·· materials materials

at the time they are evaluatedat the time they are evaluated, , andand

if they meet one or more of the four National Register of Historic if they meet one or more of the four National Register of Historic Places Criteria for Evaluation. These criteria are:Places Criteria for Evaluation. These criteria are: ·· association with historic figuresassociation with historic figures ·· association with historic eventsassociation with historic events ·· association with significant architectureassociation with significant architecture ·· association with the answers to significant research questions, association with the answers to significant research questions,

andand

Unless they are exceptionally Unless they are exceptionally significant, they must be fifty years old significant, they must be fifty years old or older at the time of the Section 106 or older at the time of the Section 106 review request.review request.

The agency official shall make a reasonable and good The agency official shall make a reasonable and good faith effort to carry out appropriate identification efforts.faith effort to carry out appropriate identification efforts.

background researchbackground research

consultationconsultation

oral history interviewsoral history interviews

sample field investigationsample field investigation

field survey field survey

The agency official shall take into accountThe agency official shall take into account

past planningpast planning

research and studiesresearch and studies

the magnitude and nature of the undertakingthe magnitude and nature of the undertaking

the degree of Federal involvementthe degree of Federal involvement

the nature and extent of potential effects on historic propertiesthe nature and extent of potential effects on historic properties

the likely nature and location of historic properties within the area the likely nature and location of historic properties within the area of potential effectsof potential effects

The agency official shall take into accountThe agency official shall take into account

the Secretary's standards and guidelines for identification that the Secretary's standards and guidelines for identification that provide guidance on this subject. provide guidance on this subject.

other applicable professional, State, tribal, and local laws, other applicable professional, State, tribal, and local laws, standards, and guidelines.standards, and guidelines.

any confidentiality concerns raised by Indian tribes or Native any confidentiality concerns raised by Indian tribes or Native Hawaiian organizations during the identification process Hawaiian organizations during the identification process

PHASED PHASED IDENTIFICATION AND IDENTIFICATION AND

EVALUATION OF EVALUATION OF HISTORIC PROPERTIESHISTORIC PROPERTIES

(2) Phased identification and evaluation. Where alternatives under consideration consist of corridors or large land areas, or where access to properties is restricted, the agency official may use a phased process to conduct identification and evaluation efforts. The agency official may also defer final identification and evaluation of historic properties if it is specifically provided for in a memorandum of agreement executed pursuant to Sec. 800.6, a programmatic agreement executed pursuant to Sec. 800.14(b), or the documents used by an agency official to comply with the National Environmental Policy Act pursuant to Sec. 800.8.

The process should establish the likely presence of historic properties within the area of potential effects for each alternative or inaccessible area through background research, consultation and an appropriate level of field investigation, taking into account the number of alternatives under consideration, the magnitude of the undertaking and its likely effects, and the views of the SHPO/THPO and any other consulting parties. As specific aspects or locations of an alternative are refined or access is gained, the agency official shall proceed with the identification and evaluation of historic properties in accordance with paragraphs (b)(1) and (c) of this section

USEFUL GUIDANCE USEFUL GUIDANCE DOCUMENTSDOCUMENTS

The National Park Service has issued a federal regulation (36 CFR Part 60) (The National Park Service has issued a federal regulation (36 CFR Part 60) (http://www.cr.nps.gov/nr/regulations.htm) that echoes the requirements of the NHPA and offers guidance on resolving questions of National Register eligibility. The Office of the Keeper of the National Register that has direct authority over the Criteria of Eligibility also publishes various guides called “Bulletins” (http://www.cr.nps.gov/nr/publications/bulletins.htm) that offer more specific guidance for deciding on the National Register eligibility of properties. Federal agencies and State Historic Preservation Offices use this regulation and these Bulletins (particularly Bulletin# 15) to decide whether properties that might be affected by federal programs and projects meet National Register eligibility Criteria for Evaluation.

USEFUL GUIDANCE DOCUMENTS

http://www.cr.nps.gov/nr/regulations.htm

http://www.cr.nps.gov/nr/publications/bulletins.htm

HOW DO YOU HOW DO YOU EVALUATE HISTORIC EVALUATE HISTORIC

PROPERTIES PROPERTIES CORRECTLY?CORRECTLY?


3. Evaluate Historic Properties:

Once you have identified cultural resources that might be historic properties in consultation with the Tennessee State Historic Preservation Officer and others…

…you should take steps to evaluate them as Historic Properties eligible for listing in the National Register of Historic Places.


How Do You…

……Evaluate Historic Evaluate Historic Properties?Properties?

(c) EVALUATE HISTORIC SIGNIFICANCE.

(1) Apply National Register criteria. In consultation with the SHPO and any Indian tribe that attaches religious and cultural significance to identified properties and guided by the Secretary's standards and guidelines for evaluation, the agency official shall apply the National Register criteria (36 CFR part 60 and part 63) to properties identified within the area of potential effects that have not been previously evaluated for National Register eligibility.

WHY MUST YOU APPLY NATIONAL WHY MUST YOU APPLY NATIONAL REGISTER CRITERIA TO REGISTER CRITERIA TO

CULTURAL RESOURCES FOR CULTURAL RESOURCES FOR EACH CURRENTLY PROPOSED EACH CURRENTLY PROPOSED

UNDERTAKING RATHER THAN USE UNDERTAKING RATHER THAN USE THE DETERMINATIONS OF THE DETERMINATIONS OF

ELIGIBILITY DERIVED FROM ELIGIBILITY DERIVED FROM PREVIOUS SURVEYS?PREVIOUS SURVEYS?

Because, the passage of time, Because, the passage of time, changing perceptions of significance, changing perceptions of significance, or incomplete prior evaluations may or incomplete prior evaluations may require the agency official to reevaluate require the agency official to reevaluate properties previously determined properties previously determined eligible or ineligible. eligible or ineligible.


In reevaluating cultural resources, the In reevaluating cultural resources, the agency official shall also acknowledge agency official shall also acknowledge that Indian tribes and Native Hawaiian that Indian tribes and Native Hawaiian organizations possess special expertise organizations possess special expertise in assessing the eligibility of historic in assessing the eligibility of historic properties that may possess religious properties that may possess religious and cultural significance to them.and cultural significance to them.


NATIONAL NATIONAL REGISTER REGISTER CRITERIACRITERIA

The National Historic Preservation Act of 1966, The National Historic Preservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470 et seq., as amended, 80 Stat. 915, 16 U.S.C. 470 et seq., as amended, authorizes the Secretary of the Interior to authorizes the Secretary of the Interior to

expand and maintain a expand and maintain a NATIONAL NATIONAL REGISTERREGISTER of DISTRICTS, SITES, BUILDINGS, of DISTRICTS, SITES, BUILDINGS, STRUCTURES, AND OBJECTS significant in STRUCTURES, AND OBJECTS significant in American history, architecture, archeology, American history, architecture, archeology, engineering and culture.engineering and culture.

WHAT ARE THE WHAT ARE THE DEFINITIONS OF DEFINITIONS OF

DISTRICTS, SITES, DISTRICTS, SITES, BUILDINGS, BUILDINGS,

STRUCTURES, AND STRUCTURES, AND OBJECTS?OBJECTS?


A BUILDING is a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. Building may refer to a historically related complex such as a courthouse and jail or a house and barn.

A DISTRICT is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.


An OBJECT is a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.


A SITE is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.


A STRUCTURE is a work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale.


Historic Properties also include:Historic Properties also include:

(a)(a) artifacts, records, and remains that are related to and artifacts, records, and remains that are related to and located within such properties; located within such properties;

(b) properties of traditional religious and cultural importance (b) properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization that to an Indian tribe or Native Hawaiian organization that meet the National Register Criteria for Evaluation and meet the National Register Criteria for Evaluation and pass the integrity test; andpass the integrity test; and

(c) cultural landscapes and view sheds, either natural or (c) cultural landscapes and view sheds, either natural or human-influenced.human-influenced.

Cultural landscapes and view sheds include Cultural landscapes and view sheds include geographic areas, including both cultural and geographic areas, including both cultural and natural resources and the wildlife or domestic natural resources and the wildlife or domestic animals therein, associated with an historic animals therein, associated with an historic event, activity, or person, or exhibiting other event, activity, or person, or exhibiting other cultural or aesthetic values.cultural or aesthetic values.

Historic Properties also possess character-defining Historic Properties also possess character-defining features that include tfeatures that include the visual aspects and physical he visual aspects and physical features that comprise the appearance of every features that comprise the appearance of every historic property, including the overall shape or historic property, including the overall shape or boundary of the property, its materials, boundary of the property, its materials, craftsmanship, decorative details, interior, and craftsmanship, decorative details, interior, and features, as well as the various aspects of its setting.features, as well as the various aspects of its setting.


Criteria for Evaluation (36 CFR 60.4).Criteria for Evaluation (36 CFR 60.4). The criteria applied to evaluate properties (other than areas of the The criteria applied to evaluate properties (other than areas of the National Park System and National Historic Landmarks) for the National Park System and National Historic Landmarks) for the National Register are listed below. These criteria are worded in a National Register are listed below. These criteria are worded in a manner to provide for a wide diversity of resources. The following manner to provide for a wide diversity of resources. The following criteria shall be used in evaluating properties for nomination to the criteria shall be used in evaluating properties for nomination to the National Register, by NPS in reviewing nominations, and for National Register, by NPS in reviewing nominations, and for

EVALUATING NATIONAL REGISTER ELIGIBILITY EVALUATING NATIONAL REGISTER ELIGIBILITY OF PROPERTIES.OF PROPERTIES.


The quality of SIGNIFICANCE in American The quality of SIGNIFICANCE in American history, architecture, archeology, engineering, history, architecture, archeology, engineering, and culture is present in districts, sites, and culture is present in districts, sites, buildings, structures, and objects that possess buildings, structures, and objects that possess INTEGRITY of location, design, setting, INTEGRITY of location, design, setting, materials, workmanship, feeling, and materials, workmanship, feeling, and ASSOCIATION and…ASSOCIATION and…

36 CFR 60.4


(a) that are associated with (a) that are associated with EVENTS that have made a EVENTS that have made a significant contribution to the significant contribution to the broad patterns of our history; orbroad patterns of our history; or

Historic Properties:36 CFR 60.4

(b) that are associated with the (b) that are associated with the lives of PERSONS significant in lives of PERSONS significant in our past; orour past; or


(c) that embody the distinctive (c) that embody the distinctive CHARACTERISTICS of a type, period, or CHARACTERISTICS of a type, period, or method of construction, or that represent method of construction, or that represent the work of a master, or that possess high the work of a master, or that possess high artistic values, or that represent a significant artistic values, or that represent a significant and distinguishable entity whose and distinguishable entity whose components may lack individual distinction; components may lack individual distinction; oror


(d) that have yielded, or may be (d) that have yielded, or may be likely to yield, INFORMATION likely to yield, INFORMATION important in prehistory or history.important in prehistory or history.


36 CFR 63.2(a) The agency [official] shall consult the State 36 CFR 63.2(a) The agency [official] shall consult the State Historic Preservation Officer as the first step in identifying Historic Preservation Officer as the first step in identifying historic properties for information concerning: historic properties for information concerning:

(1) Properties listed in the National Register. (1) Properties listed in the National Register.

(2) Properties in the process of nomination to the National (2) Properties in the process of nomination to the National Register. Register.

(3) Properties determined eligible by the Secretary of the (3) Properties determined eligible by the Secretary of the Interior for listing in the National Register. Interior for listing in the National Register.

(4) Any other available information that would assist in (4) Any other available information that would assist in identifying properties in the area affected by the proposed identifying properties in the area affected by the proposed action.action.


36 CFR 63.2(B) IF THE STATE HISTORIC PRESERVATION 36 CFR 63.2(B) IF THE STATE HISTORIC PRESERVATION OFFICER DOES NOT HAVE ADEQUATE INFORMATION TO OFFICER DOES NOT HAVE ADEQUATE INFORMATION TO DOCUMENT THE PRESENCE OR ABSENCE OF HISTORIC DOCUMENT THE PRESENCE OR ABSENCE OF HISTORIC PROPERTIES IN THE PROJECT AREA (AREA OF POTENTIAL PROPERTIES IN THE PROJECT AREA (AREA OF POTENTIAL EFFECTS), THE FEDERAL AGENCY SHOULD REFER TO THE EFFECTS), THE FEDERAL AGENCY SHOULD REFER TO THE DEPARTMENT OF THE INTERIOR'S CRITERIA FOR THE DEPARTMENT OF THE INTERIOR'S CRITERIA FOR THE IDENTIFICATION OF HISTORIC PROPERTIES AND THE IDENTIFICATION OF HISTORIC PROPERTIES AND THE GUIDELINES FOR LEVEL OF DOCUMENTATION TO GUIDELINES FOR LEVEL OF DOCUMENTATION TO ACCOMPANY REQUESTS FOR DETERMINATIONS OF ACCOMPANY REQUESTS FOR DETERMINATIONS OF ELIGIBILITY FOR INCLUSION IN THE NATIONAL REGISTER ELIGIBILITY FOR INCLUSION IN THE NATIONAL REGISTER CODIFIED AT 36 CFR 800.4.CODIFIED AT 36 CFR 800.4.


36 CFR 63.6(B) IF THE KEEPER OF THE NATIONAL 36 CFR 63.6(B) IF THE KEEPER OF THE NATIONAL REGISTER DETERMINES THAT A PROPERTY HAS LOST THE REGISTER DETERMINES THAT A PROPERTY HAS LOST THE CHARACTERISTICS THAT MADE IT ELIGIBLE FOR THE CHARACTERISTICS THAT MADE IT ELIGIBLE FOR THE NATIONAL REGISTER, HE WILL INFORM THE STATE NATIONAL REGISTER, HE WILL INFORM THE STATE HISTORIC PRESERVATION OFFICER AND THE FEDERAL HISTORIC PRESERVATION OFFICER AND THE FEDERAL AGENCY AND REMOVE THE PROPERTY FROM THE LIST OF AGENCY AND REMOVE THE PROPERTY FROM THE LIST OF ELIGIBLE PROPERTIES.ELIGIBLE PROPERTIES.

WHAT DOES ALLWHAT DOES ALL THAT MEAN?THAT MEAN?

It means that Agency Officials must use National It means that Agency Officials must use National Register criteria to evaluate properties within APEs Register criteria to evaluate properties within APEs even if SHPO’s have provided them with inadequate even if SHPO’s have provided them with inadequate evidence to document the presence or absence of evidence to document the presence or absence of historic properties, and Agency Officials cannot claim historic properties, and Agency Officials cannot claim that, since the SHPO has not formally designated a that, since the SHPO has not formally designated a property either listed or eligible, the property is not property either listed or eligible, the property is not eligible. eligible.

NATIONAL REGISTER ELIGIBILITY IS DYNAMIC, NATIONAL REGISTER ELIGIBILITY IS DYNAMIC, NOT STATIC.NOT STATIC.

It also means that properties listed on the National It also means that properties listed on the National Register are not necessarily still eligible at the time of Register are not necessarily still eligible at the time of a specific Section 106 case review. Remember that the a specific Section 106 case review. Remember that the passage of time, changing perceptions of significance, passage of time, changing perceptions of significance, or incomplete prior evaluations may require Agency or incomplete prior evaluations may require Agency Officials to reevaluate properties previously Officials to reevaluate properties previously determined eligible or ineligible.determined eligible or ineligible.

NATIONAL REGISTER ELIGIBILITY IS DYNAMIC, NATIONAL REGISTER ELIGIBILITY IS DYNAMIC, NOT STATIC.NOT STATIC.

NATIONAL REGISTER NATIONAL REGISTER ELIGIBILITY IS ELIGIBILITY IS

DYNAMIC, NOT STATIC.DYNAMIC, NOT STATIC.

THEREFORE, NOBODY, THEREFORE, NOBODY, INCLUDING THE TENNESSEE INCLUDING THE TENNESSEE

SHPO, HAS A COMPLETE SHPO, HAS A COMPLETE DATABASE OF ALL HISTORIC DATABASE OF ALL HISTORIC

PROPERTIES LOCATED WITHIN PROPERTIES LOCATED WITHIN THE STATETHE STATE

““THE PASSAGE OF TIME, THE PASSAGE OF TIME, CHANGING PERCEPTIONS OF CHANGING PERCEPTIONS OF

SIGNIFICANCE, OR SIGNIFICANCE, OR INCOMPLETE PRIOR INCOMPLETE PRIOR

EVALUATIONS” ALL CAN EVALUATIONS” ALL CAN AFFECT A SPECIFIC AFFECT A SPECIFIC

EVALUATION.EVALUATION.

PLANNERS AND POLITICIANS PLANNERS AND POLITICIANS WHO EXPECT NICE, NEAT, WHO EXPECT NICE, NEAT,

PERMANENT LISTS OFTEN DO PERMANENT LISTS OFTEN DO NOT UNDERSTAND THIS BASIC NOT UNDERSTAND THIS BASIC FACT. THAT DOES NOT MAKE FACT. THAT DOES NOT MAKE

IT ANY LESS TRUE.IT ANY LESS TRUE.

In evaluating the significance of In evaluating the significance of discovered archaeological or discovered archaeological or architectural resources within the architectural resources within the Area of Potential Effects, the Area of Potential Effects, the Federal agency should (800.4(c)Federal agency should (800.4(c)(1)) take into account such (1)) take into account such authorities as:authorities as:

·· The National Park Service National Register of Historic Places The National Park Service National Register of Historic Places Criteria For EvaluationCriteria For Evaluation ·· The results of consultation with the State Historic Preservation The results of consultation with the State Historic Preservation Office and other Consulting PartiesOffice and other Consulting Parties ·· The findings of qualified Historic Properties surveyorsThe findings of qualified Historic Properties surveyors ·· The findings of qualified agency and applicant Historic Properties The findings of qualified agency and applicant Historic Properties staffstaff ·· The written notifications of tribes and others who attach religious or The written notifications of tribes and others who attach religious or cultural significance to the resourcescultural significance to the resources ·· The views of the publicThe views of the public

WHAT IS YOUR PRIMARY WHAT IS YOUR PRIMARY CHECKLIST FOR CHECKLIST FOR

IDENTIFYING AND IDENTIFYING AND EVALUATING EVALUATING

HISTORIC PROPERTIES?HISTORIC PROPERTIES? DO THESE IN ORDERDO THESE IN ORDER

1.1. Carry out appropriate identification efforts, which may Carry out appropriate identification efforts, which may include background research, consultation, oral history include background research, consultation, oral history interviews, sample field investigation, and field survey. interviews, sample field investigation, and field survey.

2.2. Consult the National Register Criteria for Evaluation.Consult the National Register Criteria for Evaluation.3.3. Evaluate the age of the property.Evaluate the age of the property.4.4. Evaluate the integrity of the property.Evaluate the integrity of the property.5.5. Evaluate the association of the property.Evaluate the association of the property.6.6. Seek the views of Consulting PartiesSeek the views of Consulting Parties7.7. Seek the views of the publicSeek the views of the public8.8. Seek concurrence of the SHPO.Seek concurrence of the SHPO.


USE THE SECRETARY USE THE SECRETARY OF THE INTERIOR'S OF THE INTERIOR'S STANDARDS FOR STANDARDS FOR

EVALUATIONEVALUATION

Standard I. Evaluation of the Significance of Historic Properties Uses Established Criteria

Here are the Here are the Criteria for Criteria for EvaluationEvaluation

A. EventsA. Events

B. PersonsB. Persons

C. Design/ConstructionC. Design/Construction

D. Information PotentialD. Information Potential

Standard II. Evaluation of Significance Applies the Criteria Within Historic Contexts

Historic Context“Eligibility determinations are made with reference to regional [and statewide] contexts addressing significant and relevant research questions. Generally, cultural or historic contexts included in [each] State Historic Preservation Plan are used as a framework for evaluating the significance of a cultural property. A "context," in this sense, is a body of knowledge in the form of one or more written documents which is defined by (a) a specific theme or topic, (b) a specific geographical area, and (c) a specific time period. All contexts and context studies are resource based, that is, they must relate to identifiable prehistoric or historic sites. This, in turn, establishes a specific property's eligibility to the National Register of Historic Places.”*

*“Guidelines For Evaluating Cultural Properties, Idaho State Historic Preservation Office And Archaeological Survey Of Idaho

A Historic Context

Identifies significant historical patterns

Defines expected property types against which individual properties may be compared

Historic Context

The Tennessee SHPO has

prepared various context

documents you may use to evaluate

resources.

Historic Context

Standard III. Evaluation Results in A List or Inventory of Significant Properties That Is Consulted In Assigning Registration and Treatment Priorities

Historic Context

Treatment Priorities

Section 106 Consultation

Identifies possible project-related effects

Defines ways in which project-related effects may be resolved

Standard IV. Evaluation Results Are Made Available to the Public

USE THESE USE THESE EVALUATIONEVALUATION

BENCHMARKSBENCHMARKS

INTEGRITYINTEGRITY

Integrity is the authenticity of a building’s historic identity, evidenced by the survival of physical characteristics that existed during its historic period. It is also the extent to which a building retains its historic appearance.

Integrity is determined by the quantity and quality of a property’s historic fabric, which is the significant architectural or archaeological materials that comprise an historic property that make it historic.

Evaluate the integrity of each Evaluate the integrity of each identified property.identified property.

integrity of location, design, setting, integrity of location, design, setting, materials, workmanship, feeling, materials, workmanship, feeling, and associationand association

ASSOCIATIONASSOCIATION

Evaluate the association Evaluate the association of each identified of each identified property.property.

Association with significant Association with significant events or people, or events or people, or architecture, or informationarchitecture, or information

AGEAGE

Evaluate the age of each Evaluate the age of each identified property.identified property.

Age = 50 years old or older Age = 50 years old or older (sometimes as much as 4,000 (sometimes as much as 4,000 years older)years older)

USE THESE OTHER USE THESE OTHER SOURCES OF SOURCES OF

NATIONAL REGISTER NATIONAL REGISTER ELIGIBILITY ELIGIBILITY

INFORMATIONINFORMATION

Agency officials must also consult SHPO lists of properties determined National Register eligible, lists of surveyed properties, archaeological site files, and the rosters of significant properties kept by various consulting parties.

The task of the agency official is to winnow a final list of National Register eligible properties located within the undertaking’s area of potential effects.

TWO POSSIBILITIESTWO POSSIBILITIES

The Agency Official will submit a determination of either “no historic properties affected” or “historic properties affected” plus supporting documentation to the SHPO/THPO for a 30-day review.

Reality Check:

HERE IS HOW YOU HERE IS HOW YOU KNOW WHEN A KNOW WHEN A

PROPERTY IS NATIONAL PROPERTY IS NATIONAL REGISTER ELIGIBLEREGISTER ELIGIBLE

If the agency official determines any of the If the agency official determines any of the National Register criteria are met and the National Register criteria are met and the Tennessee SHPO agrees, the property shall be Tennessee SHPO agrees, the property shall be considered eligible for the National Register for considered eligible for the National Register for Section 106 purposes. Section 106 purposes.

HERE IS HOW YOU HERE IS HOW YOU KNOW WHEN A KNOW WHEN A

PROPERTY IS NOT PROPERTY IS NOT NATIONAL REGISTER NATIONAL REGISTER

ELIGIBLEELIGIBLE

If the agency official determines the criteria If the agency official determines the criteria are not met and the Tennessee SHPO agrees, are not met and the Tennessee SHPO agrees, the property shall be considered not eligible. the property shall be considered not eligible.

SUPPOSE THERE IS SUPPOSE THERE IS DISAGREEMENT DISAGREEMENT CONCERNING CONCERNING

NATIONAL REGISTER NATIONAL REGISTER ELIGIBLITY?ELIGIBLITY?

If the agency official and the Tennessee If the agency official and the Tennessee SHPO do not agree, or if the ACHP or the SHPO do not agree, or if the ACHP or the Secretary of the Interior so request, the Secretary of the Interior so request, the agency official shall obtain a agency official shall obtain a determination of eligibility from the determination of eligibility from the Secretary pursuant to 36 CFR 63. Secretary pursuant to 36 CFR 63.

THIS MEANS A FORMAL THIS MEANS A FORMAL DETERMINATION OF DETERMINATION OF

ELIGIBILITY FROM THE ELIGIBILITY FROM THE KEEPER OF THE KEEPER OF THE

NATIONAL REGISTERNATIONAL REGISTER

If an Indian tribe that attaches religious and If an Indian tribe that attaches religious and cultural significance to a property off tribal cultural significance to a property off tribal lands does not agree, it may ask the ACHP lands does not agree, it may ask the ACHP to request the agency official to obtain a to request the agency official to obtain a determination of eligibilitydetermination of eligibility

AGAIN, THIS MEANS A AGAIN, THIS MEANS A FORMAL FORMAL

DETERMINATION OF DETERMINATION OF ELIGIBILITY FROM THE ELIGIBILITY FROM THE

KEEPER OF THE KEEPER OF THE NATIONAL REGISTERNATIONAL REGISTER

Questions:

Have you used the Secretary of the Interior’s Standards For Evaluation to assess the National Register eligibility of resources located in the undertaking’s Area of Potential Effects?

Yes_________ No_________

Have you evaluated the resource’s integrity?

Yes_________ No_________

Questions:

Have you evaluated the resource’s association?

Yes_________ No_________

Questions:

Questions:

Have you evaluated the resource’s age?

Yes_________ No_________

Have you consulted with the Tennessee State Historic Preservation Office and other Consulting Parties concerning previous cultural resources surveys within the project’s Area of Potential Effects for archaeological and architectural resources?

Yes_________ No_________

Questions:

If “Yes,” what were their determinations relative to the existence of Historic Properties?

______________________________________________________________________________________________________________________________________________________________________________

Questions:

Reality Check:

If “No,” do not proceed until you have consulted with the Tennessee State Historic Preservation Officer and other Consulting Parties concerning previous surveys for archaeological and architectural resources within the project’s Area of Potential Effects.

Have you consulted with the Tennessee State Historic Preservation Officer and other Consulting Parties

concerning the need for a new cultural resources survey of the Area of Potential Effects for archaeological and architectural resources?

Yes_________ No_________

Reality Check:

Questions:

If “Yes,” what were their recommendations?

______________________________________________________________________________________________________________________________________________________

Reality Check:

If “No,” do not proceed until you have consulted with the State Historic Preservation Officer and other Consulting Parties concerning the need for a new cultural resources survey.

Reality Check:

If consultation concludes that you are not obliged to have a new cultural resources survey prepared, then do not do so. Use the results of previous surveys and go to the next numbered question.

Firewall:

If consultation concludes that you are not obliged to have a cultural resources survey prepared because previous surveys have successfully documented that no Historic Properties exist within the project’s Area of Potential Effect, then make a formal determination to all Consulting Parties of “No Historic Properties Affected”, and if none disagree within a reasonable amount of time, …

Firewall:

…you have successfully completed the Section 106 review process for that project.

THE AGENCY THE AGENCY OFFICIAL’S OFFICIAL’S ELIGIBILITY ELIGIBILITY

DETERMINATIONDETERMINATION

Firewall:

“No Historic Properties Affected”

Determination

(1) If the agency official finds that either there are no historic properties present or there are historic properties present but the undertaking will have no effect upon them as defined in Sec. 800.16(i), the agency official shall provide documentation of this finding, as set forth in Sec. 800.11(d), to the Tennessee SHPO. The agency official shall notify all consulting parties, including Indian tribes and Native Hawaiian organizations, and make the documentation available for public inspection prior to approving the undertaking. If the Tennessee SHPO, or the ACHP if it has entered the Section 106 process, does not object within 30 days of receipt of an adequately documented finding, the agency official's responsibilities under section 106 are fulfilled

Why did you make this finding?•The undertaking will not alter any characteristics of an identified eligible or listed Historic Property that qualify the property for listing in the National Register___

•The undertaking will not alter an eligible Historic Property's location, setting or use___

•The specific location, scope and/or nature of the undertaking precluded affect to Historic Properties___

•The size and nature of the undertaking’s area of potential effects precluded affect to Historic Properties___

•No National Register listed or eligible Historic Properties exist within the undertaking’s area of potential effects___

“No Historic Properties Affected”No historic properties affected (800.4(d)(1)

If no historic properties are found or no effects on historic properties are found, the Agency Official provides appropriate documentation to the SHPO and notifies consulting parties. Members of the public need not receive direct notification, but the Federal agency must place its documentation in a public file prior to approving the undertaking, and provide access to the information when requested by the public. Once adequate documentation is received, the SHPO has 30 days to object to the determination. The Council may also object on its own initiative within the time period. Lack of such objection within the 30 day period means that the agency has completed its Section 106 responsibilities.*

*Advisory Council on Historic Preservation, “Working With Section 106: Users Guide

Firewall:

Or…Or…

Questions:

If consultation with the Tennessee SHPO confirms that you need to have a cultural resources survey conducted, have you conducted a cultural resources survey by a qualified investigator?

Yes_________ No_________

Reality Check:

If “No,” do not proceed until you have conducted a cultural resources survey.

If “Yes,” what were the results?

_______________________________________________________________________________________________

Questions:

WHEN DO YOU WHEN DO YOU USE PHASED USE PHASED

COMPLIANCE?COMPLIANCE?

Phased Compliance:

A Federal agency has the option under the 36 CFR Part 800 regulation to identify identify Historic PropertiesHistoric Properties within an Area of Potential Effects using a phased using a phased approachapproach (800.4(b)(2)), if that undertaking affects:

Questions:

Long corridors (highway projects)

Yes_________ No_________

Large land areas (large acreages)

Yes_________ No_________

Questions:

Areas where current access is restricted either by the existing property owner or the current condition of the property

Yes_________ No_________

Questions:

Reality Check:

If you answered “Yes” to any of the preceding conditions and you have concurred with the Tennessee State Historic Preservation Office, you may postpone the cultural resources cultural resources surveysurvey until a mutually-agreed-to time.

If you answered “No,” then complete the cultural resources survey and deliver it to the Tennessee State Historic Preservation Officer and other Consulting Parties for review and comment.

Reality Check:

Phased Compliance:

Final identification of Historic Properties should proceed promptly.

Phased Compliance: Caveat

The agency cannot forego Historic Properties identification and evaluation until after the list of agency-selected alternatives has been so refined as to prevent good faith consultation on the broadest range of project alternatives.

Phased Compliance: SIDEBAR

Agency-selected alternatives here means alternatives to an undertaking specifically funded by the agency or funded through a pass-through to an applicant.

Agency-permitted, –licensed, or –approved projects, programs, or activities require a good-faith effort on the part of the agency to determine whether applicant for permits, licenses, or approvals evaluated alternative activities .

Phased Compliance: SIDEBAR

SIGNIFICANCESIGNIFICANCE

Significance:

In evaluating the significance of discovered archaeological or architectural resources within the Area of Potential Effects, you should

(800.4(c)(1)) take into account ALL OF THE …

Questions:

…National Park Service National Register of Historic Places Criteria For Evaluation.

Have you considered ALL FOUR of the Criteria For Evaluation (Association with significant events or people, or architecture, or information)?

Yes_________ No_________

http://www.nps.gov/history/nr/listing.htm

Does at least one property meet at least one of the four National Register of Historic Places Criteria for Evaluation?

Yes_________ No_________

Questions:

Remember the Criteria of Evaluation:

(a)association with events that have made a significant contribution to the broad patterns of our history

Yes_________ No_________

Questions:

(b) association with the lives of persons significant in our past

Yes_________ No_________

Questions:

(c) embodiment of distinctive characteristics of a type, period, or method of construction, or that

represent the work of a master, or that possess

high artistic values, or that represent a

significant and distinguishable entity whose components may lack individual distinction

Yes_________ No_________

Questions:

(d) capacity to yield, or the likelihood of

yielding information important in prehistory or history

Yes_________ No_________

Questions:

Is at least THAT one cultural resource 50 years old or older?

Yes_________ No_________

Questions:

Does at least THAT one Historic Property retain integrity of:

Design _____ Feeling _____ Association _____ Workmanship _____ Setting _____ Location _____ Materials _____

at the time you evaluated it?

Questions:

Landscapes and Viewsheds:

Historic Properties also include historic landscapes and viewsheds directly associated with one or more of the above-referenced Criteria…

Landscapes and Viewsheds:

…as well as traditional cultural properties that encompass areas of distinct and ongoing religious and cultural importance to Native Americans and/or other traditional cultural groups which are directly associated with one or more of the above-referenced criteria.

Archaeological Site Evaluation:

Evaluation of archaeological resources should be done according to the professional standards of practice. The National Register Bulletin No. 36, “Guidelines for Evaluating and Registering Archeological Properties” (www.cr.nps.gov/nr/publications/bulletins/arch/), addresses the kinds of information needed to evaluate an archaeological site under the National Register criteria.*

*Section 106 Archaeological guidance, ACHP, http://www.achp.gov/archguide/system/files/Complete_Printable_Guidance.pdf

http://www.cr.nps.gov/nr/publications/bulletins/arch/

Questions:

Does at least one property qualify as an historic landscape or traditional cultural property?

Yes_________ No_________

Using the preceding points of evaluation, does at least one National Register of Historic Places Historic Property exist within the project’s Area of Potential Effects?

Yes_________ No_________

Questions:

Are there still other National Register of Historic Places eligible Historic Properties that exist within the project’s Area of Potential Effects?

Yes_________ No_________

Questions:

Have you factored in the results of consultation with the Tennessee State Historic Preservation Office and other Consulting Parties?

Yes_________ No_________

Questions:

Have you factored in the views of the public?

Yes_________ No_________

Questions:

Reality Check:

Do not proceed until all of the answers to the preceding questions are “Yes,”

DOES AT LEAST ONE PROPERTY WITHIN THE AREA OF POTENTIAL EFFECTS QUALIFY AS NATIONAL REGISTER ELIGIBLE?

Yes_________ No_________

Firewall:

Reality Check:

Whether “yes” or “no”, either way…

You will review the comments of the various authorities on Historic Properties and any other appropriate authorities and make a determination of National Register of Historic Places eligibility/ineligibility

(800.4(c)(2) and 600.2(b)(1)) concerning ANY resource discovered within the Area of Potential Effects.

Reality Check:

**Consensus Determination of EligibilityConsensus Determination of Eligibility

Seek the concurrence of the Tennessee State Historic Preservation Office* and other Consulting Parties

Yes_________ No_________

Questions:

How will you identify and evaluate historic properties?

1. Carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey.

2. Consult the National Register Criteria for Evaluation.3. Determine the age of the property.4. Evaluate the integrity of the property.5. Evaluate the association of the property.6. Seek the views of Consulting Parties7. Seek the views of the public8. Seek concurrence of the Tennessee SHPO.

.

SUMMARYSUMMARY

Summary:

Two outcomes to Step Two eligibility consultation are possible:Either…

1) The Tennessee State Historic Preservation Office may agree with your eligibility determination through a consensus determination of eligibility/non-eligibility, thus leading you to the next stage in Step Two of the Section 106 review process

Eligibility DeterminationEligibility Determination

2) The Tennessee State Historic Preservation Office may disagree with your determination of eligibility/non-eligibility, thus requiring you to request a formal determination of eligibility by the Keeper of the National Register of Historic Places

Or…

Summary:


Questions:

Did the Tennessee State Historic Preservation Officer agree formally that your Area of Potential Effects contained at least one National Register eligible or listed property?

Yes_________ No_________

Firewall:

If “Yes,” go to Step Three

Did the Tennessee State Historic Preservation Officer agree formally that your Area of Potential Effects contained no National Register eligible or listed properties?

Yes_________ No_________

Questions:

Or…

Did the Tennessee State Historic Preservation Officer agree formally that your Area of Potential Effects contained National Register eligible or listed properties, BUT, such properties would not be affected in any way by the undertaking?

Yes_________ No_________

Questions:

Firewall:

If “Yes,” and barring disagreement from another Consulting Party, you have successfully completed Section 106 review.

Firewall:



Documentation Standards:

Sec. 800.11 Documentation Standards: Finding of No Historic Properties Affected

(1) A description of the undertaking, specifying the Federal involvement, and its area of potential effects, including photographs, maps, drawings, as necessary;


(2) A description of the steps taken to identify historic properties, including, as appropriate, efforts to seek information pursuant to Sec. 800.4(b); and


(3) The basis for determining that no historic properties are present or affected.


Prepare the documentation described at 36 CFR 800.11 for all participants in the Section 106 review process.


Authority to withhold information from the public: Section 304 of the NHPA

Confidentiality Concerns:

Or…Or…

Did the Tennessee State Historic Preservation Officer formally disagree with you about the National Register eligibility of properties?

Yes_________ No_________

Questions:

Firewall:

If “Yes,” proceed to a Formal Determination of Eligibility (800.5).

Formal Determination of Eligibility (36 CFR Part 60). A determination of eligibility is a decision by the Department of the Interior [Keeper of the National Register] that a district, site, building, structure or object meets [or does not meet] the National Register criteria for evaluation although the property is not formally listed in the National Register.

Firewall:

WHO MAKES THE WHO MAKES THE FORMAL FORMAL

DETERMINATION DETERMINATION OF ELIGIBILITY?OF ELIGIBILITY?

Firewall:

THE KEEPER OF THE NATIONAL REGISTER OF HISTORIC PLACES (36 CFR Part 60).

The Keeper is the individual who has been delegated the authority by NPS to list properties and determine their eligibility for the National Register. The Keeper may further delegate this authority as he or she deems appropriate.

If the Formal Determination concludes your Area of Potential Effects contains at least one Historic Property, GO TO STEP THREE.

Firewall:

Full Stop:

If the Formal Determination concludes that your Area of Potential Effects contains no Historic Property, you have successfully completed Section 106 review.



Full Stop:

Why did you make this finding?•The undertaking will not alter any characteristics of an identified eligible or listed Historic Property that qualify the property for listing in the National Register___

•The undertaking will not alter an eligible Historic Property's location, setting or use___

•The specific location, scope and/or nature of the undertaking precluded affect to Historic Properties___

•The size and nature of the undertaking’s area of potential effects precluded affect to Historic Properties___

•No National Register listed or eligible Historic Properties exist within the undertaking’s area of potential effects___

CHECK IT AGAIN!

Or…Or…

“Historic Properties Affected”


Historic properties affected. If the agency official finds that there are historic properties which may be affected by the undertaking OR the SHPO or the ACHP objects to the agency official's finding under paragraph (d)(1) of this section, the agency official shall notify all consulting parties, including Indian tribes, invite their views on the effects and assess adverse effects, if any, in accordance with 36 CFR 800.5

““Historic Properties Affected”Historic Properties Affected”

EVERY FEDERAL AGENCY EVERY FEDERAL AGENCY AND APPLICANT FOR AND APPLICANT FOR

FEDERAL ASSISTANCE FEDERAL ASSISTANCE MUST COMPLETE STEP MUST COMPLETE STEP

TWOTWO

• Approximately 85% of all Section 106 cases end at step two – No Historic Properties Affected.

The results of successful Section 106 consultation…

You are You are nearing nearing

completiocompletion of Step n of Step

Two.Two.

PRACTICEPRACTICESCENARIOSCENARIO

The Huey County Highway Department plans to use funds from the The Huey County Highway Department plans to use funds from the Federal Emergency Management Agency to repair the 1945 Federal Emergency Management Agency to repair the 1945 concrete, wood, and steel bridge over the Frog Suck River. The concrete, wood, and steel bridge over the Frog Suck River. The bridge was severely damaged by the “Sho’nuff Flood” (Flood# 714) bridge was severely damaged by the “Sho’nuff Flood” (Flood# 714) that crested the river last May. The County plans to replace broken, that crested the river last May. The County plans to replace broken, bent, or washed away decking, rails, and I-beam underpinnings and bent, or washed away decking, rails, and I-beam underpinnings and do extensive re-grading and re-paving of the approaches on both do extensive re-grading and re-paving of the approaches on both sides of the river. The County has hired the engineering firm of sides of the river. The County has hired the engineering firm of Dewey, Swim ‘n’ Lake (DS&W) to facilitate completion of Dewey, Swim ‘n’ Lake (DS&W) to facilitate completion of environmental review, including Section 106 review. DS&W has environmental review, including Section 106 review. DS&W has contacted the Grace State Historic Preservation Office to begin contacted the Grace State Historic Preservation Office to begin Section 106 consultation, and has submitted preliminary Section 106 consultation, and has submitted preliminary documentation to the Mudpuppy Tribe of Indians as well.documentation to the Mudpuppy Tribe of Indians as well.

Take out pen and paper and answer the following questions

What is the Federal agency’s scope of effort for this project as defined in the Regulation (Area of Potential Effects)? How will Historic Properties be identified?

How will Historic Properties be evaluated?

ANSWERSANSWERS

What is the Federal agency’s scope of effort for this project as defined in the Regulation (Area of Potential Effects)?

INITIAL INFORMATION GATHERING FROM THE SHPO AND OTHER CONSULTING PARTIESCONCERNING THE AGE OF THE BRIDGE, ITS POSSIBLE ASSOCIATIONS, AND POSSIBLE ARCHAEOLOGICAL RESOURCES WITHIN THE AREAS OF GROUND DISTURBENCE

How will Historic Properties be identified?

DS&L WILL COMMISSION AN ARCHITECTURAL/ARCHAEOLOGICAL SURVEY PREPARED BY QUALIFIED PERSONS AND SUBMIT THE DETERMINATIONS OF NATIONAL REGISTER ELIGIBILITY TO THE SHPO AND OTHER CONSULTING PARTIES FOR REVIEW AND COMMENT

How will Historic Properties be evaluated?

IF THE SURVEY IDENTIFIES ANY ABOVE- OR BELOW-GROUND PROPERTIES THAT MIGHT BE NATIONAL REGISTER ELIGIBLE, DS&L WILL CONSULT WITH THE SHPO AND OTHER CONSULTING PARTIES TO DETERMINE A CONSENSUS LEVEL OF ELIGIBILITY/NON-ELIGIBILITY

End Section 106 Review here if no Historic Properties are affected or

go on to the next step?

THE FOUR STEP SECTION 106 PROCESS: STEP TWO TENNESSEE STATE HISTORIC PRESERVATION OFFICE REVIEW AND COMPLIANCE SECTION All reproduction rights reserved.

Documents

historic properties

historic significance

undertaking slide

step slide

introduction slide

step section

scope of efforts

federal undertakings