Nebraska State Historical Society

1. Nebraska State Historical Society • Archeology • Ford Conservation Center • Library/Archives • Museum of Nebraska History & Historic Sites • Research and Publications • State Historic Preservation Office

2. Nebraska State Historic Preservation Office (NESHPO) • National Register of Historic Places • Federal Income Tax Incentives • Nebraska Historic Building Tax Assessment Freeze • Nebraska Historic Buildings Survey • Certified Local Government Program (CLG) • Federal Regulatory Program (Section 106 Review)

3. The National Historic Preservation Act of 1966: • Section 101 created the National Register of Historic Places • Section 201 created the Advisory Council on Historic Preservation • Section 101(b)(1) created State Historic Preservation Offices • Section 106...

4. Section 106 of the National Historic Preservation Act…AKA: • Review and Compliance • Section 106 Review • Federal Agency Review • Regulatory Review • Hysterical Review

5. What is Section 106?Section 106 of the National Historic Preservation Act • Requires Federal agencies to take into account the effect of their undertakings on historic properties, and; • Develop alternatives to avoid, minimize or mitigate adverse effects.

6. Why Section 106 of the NHPA? • Created after public outcry about the destruction of historic and cultural resources by Federal programs such as urban renewal and construction of the interstate highway system. • Accommodate preservation concerns while still meeting the programmatic needs of Federal agencies.

7. A project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including... Those carried out by or on behalf of the agency those carried out with Federal financial assistance those requiring a Federal permit, license, or approval those undertaken by state or local agencies under authority of or delegationby a federal agency What is an undertaking?

8. The Four Steps of Section 106 Review • Initiate the process • Identify historic properties • Assess project effects • Resolve adverse effects, if any

9. Initiate Process • Federal agency determines whether project is an “undertaking” • Federal agency determines area of potential effects (APE) • Federal agency notifies SHPO

10. A historic property is defined as any property listed in or eligible forlisting in the National Register Historic properties are identified through… research survey public input consultation with SHPO Identify Historic Properties

11. Three Basic Findings • No historic properties in project area • Historic properties in project area, but they will not be adversely affected • Undertaking may have an adverse effect on historic properties

12. Assess effects • Apply criteria of adverse effect • An adverse effect can occur when an undertaking may alter the characteristics of a property that qualify it for inclusion in the NRHP.

13. Possible Causes of Adverse Effects • Physical destruction • Alteration of the property inconsistent with Secretary’s Standards • Change - by new construction, demolition, etc. - in the character of the property’s physical setting that contributes to the property's significance

14. Identify Consulting Parties • Members of the public • Local governments • Local historical societies • Applicants for federal assistance • Any interested individuals • Native American Tribes • PUBLIC PROCESS

15. Resolving Adverse Effects • Contact the Federal Advisory Council on Historic Preservation • Consult with SHPO and consulting parties to develop alternatives or modifications to avoid, minimize or mitigate adverse effects

16. Possible outcomes-Adverse effect consultation • Avoid adverse effect • Modify rehabilitation project to meet Secretary’s Standards • Accept adverse effect & minimize or mitigate the adverse effect by: • data recovery and/or recordation • creation of easements • design modifications • moving the property

17. Key Concepts • Federal Agency is responsible for the process, even if it’s a locally or state sponsored project • SHPO is consultative only, but involved at all levels • Process includes properties determined eligible for listing in the NR and those listed in the NR. • In case of adverse effect Federal ACHP has opportunity to be involved, but usually declines.

18. Even more key concepts… • Section 106 is not designed to nor will it stop a project. • 106, NEPA and 4(f) are completely different processes, although they may be completed simultaneously.

19. …and a couple things to remember • Section 110(k) of the NHPA statutorily prohibits anticipatory demolition/destruction of an historic property to avoid 106 review. • Section 106 review is a process. • 106 is a consultative process which may include many parties. However, at the end of the day, the Fed agency and the Fed agency only gets to say what happens…as long as the process is followed and completed.

20. How do I contact the SHPO? • Description of proposed undertaking; • Name of all funding or licensing agencies in the project (state and federal); • A clearly legible map of project location, including project site plan, if applicable; • Clear, current photos of all standing structures within the project area. No Xerox please. It is helpful if the photographs are keyed to the site plan; • Project address(es); and • Project plans and specifications, if applicable.

21. How do I contact the SHPO ? Pt. II • Tell us about any known historic or archeological resources; • Tell us about any public input the project has generated; • All submittals must be in hard copy…we cannot accept emailed or faxed submittals; • PLEASE…if you feel you must call us to find out where your project is in terms of review PLEASE wait at least two weeks before you call, and be prepared to give very specific information about your submittal. • Our motto: “Contact us EARLY and OFTEN.”

22. FAQs • Approximately 1800-2000 individual reviews a year • About 30 different federal agencies NOT counting individual towns and cities. • Projects range from single-family residential rehabs to multi-million dollar undertakings covering thousands of acres • Average SHPO review from receipt to response is 7 working days • Less than 5% of reviews result in extensive consultation

23. Is Anybody Exempt? • White House • Supreme Court • United States Capitol

24. For more information: Section 106 Review: Advisory Council on Historic Preservation- www.achp.gov NESHPO: www.nebraskahistory.org/histpres National Register of Historic Places: National Park Service: www.cr.nps.gov/nr/ NESHPO: www.nebraskahistory.org/histpres

25. You’ve been listening to Bill Callahan of the Nebraska State Historic Preservation Office (NESHPO) Nebraska State Historic Preservation Office1500 R Street, Box 82554Lincoln NE 68501-2554 Call us at: 402/471-4787 Email us at hpnshs@nebraskahistory.org Check out our website at www.nebraskahistory.org Click on “About the Society” then on “State Historic Preservation Office”