IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. 1. The Agency Official shall define and document the Area of Potential Effects (APE) and identify historic properties within the APE that may be directly or indirectly affected by the project. For purposes of this Agreement, when an Undertaking consists solely of the rehabilitation of the interior features of an individual building, the APE will be limited to the individual building and parcel.
2. For each Undertaking, the Agency Official shall review existing information, including the records of the SHPO, to determine if any historic properties are located within the APE, including properties listed on the National Register individually or as contributing elements of an historic district, properties with a Determination of Eligibility (DOE) from the Secretary of the Interior, properties determined eligible for the National Register through a previous Section 106 review, or properties designated in state SHPO and local historic survey and inventory records. Much of this information is available online through the SHPO’s Cultural Resources Information System (XXXX) (xxxxx://xxxxx.xx.xxx/shpo/online-tools/xxxx/).
3. For any properties in the APE that have not been listed or previously determined eligible for listing in the National Register, the Agency Official shall evaluate the properties to determine if they are eligible for the National Register, and offer the SHPO, consulting tribes and other consulting parties the opportunity to review and comment on this evaluation and determination of eligibility per 36 CFR 800.4(c).
4. The Agency Official shall use HUD Notice CPD-12-006 and the May 5, 2015 HUD policy memo that adopts the Notice for Part 50 reviews for guidance on when and how to consult with Indian tribes and NHOs about sites of religious and cultural significance to tribes, including archeological sites, that may be considered historic properties.
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. The Agency Official shall define and document the APE and identify historic properties within the APE that may be directly or indirectly affected by the project in accordance with 36 Part 800.
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. Area of Potential Effects The Area of Potential Effects (APE) for each undertaking will be determined by the Authority in accordance with the APE Delineation guidelines (Attachment B). As described in Attachment B, throughout the design process, the Authority will determine if revisions to an undertaking require modifications to the APE. If an APE requires revisions, the Authority is responsible for informing the signatories, consulting Federally-recognized Native American tribes, and other consulting parties within 15 days of identification of the needed changes.
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. 1. Determine and Document the Area of Potential Effects A PQI will determine for each undertaking the Area of Potential Effects (APE), in consultation with the SHPO and any other consulting parties in accordance with 36 CFR 800.4. The PQI is responsible for conducting the consultation.
2. Identify and Evaluate Significance of Historic Properties
a. The PQI may prepare documentation and consultation letters supporting the identification of historic properties that may be affected by the undertaking in accordance with 36 CFR 800.4, or oversee and approve documentation from consultants who meet the Secretary of Interior’s Professional Qualification Standards in the appropriate field of expertise.
b. Consistent with the confidentiality provisions of 36 CFR 800.11(c) as needed, the PQI will submit the documentation to all consulting parties, including the SHPO and the Tribes, for comment.
c. Determinations regarding the National Register of Historic Places (NRHP) eligibility of properties evaluated hereunder, and any disagreements pertaining thereto, shall be governed by 36 CFR 800.4(c)(2), except that in the event of a disagreement the PQI will first consult with the consulting parties to resolve the issue.
i. For Regional Office projects, if a dispute raised by any consulting party cannot be resolved by the Regional Office, the Regional Environmental Manager (REM) will consult with the Regional Office and the Statewide Environmental Office (SEO) PQIs to resolve the issue. If after consultation the issue remains unresolved, the REM along with the Regional Office and SEO PQIs will refer the dispute to the appropriate Environmental Program Manager. For non- NEPA Assignment Program undertakings, this will be the FHWA Environmental Program Manager. For NEPA Assignment Program undertakings, this will be the Statewide Environmental Program Manager
ii. For projects where the SEO takes the lead environmental processing roles, the SEO PQI will consult to resolve the issue before referring the dispute to the appropriate NEPA Assignment Program or non- NEPA Assignment Program Environmental Program Manager as described above.
iii. If the disagreement is not resolved, the Environmental Program Manager will proceed in accordance with 36 CFR 800.4(c)(2).
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. The type of undertaking, Area of Potential Effects (APE) (36 CFR 800.16[d]), and existing information help determine identification needs for undertakings considered under this PA. Undertakings are processed to determine whether:
(1) they fall into one of the streamlined procedure categories (i.e., Exemptions or Screened Undertakings); (2) existing information is sufficient for identification needs; or (3) a field survey or other information is needed to identify historic properties that may be affected. If an undertaking is Exempt (see below) under the provisions of this PA, it can proceed without further consideration under this PA or 36 CFR 800. If it is a Screened Undertaking, the HPM/DHPS /determines whether the streamlined procedures should be applied based on known information or whether it should be treated as a regular undertaking. All other undertakings require more comprehensive identification efforts to determine whether historic properties are present and could be affected. With the exception of Exemptions, all categories of undertakings are documented as specified in this PA.
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. If an undertaking does not meet the criteria of Appendix B or Appendix C, ARDOT Qualified Staff will employ a multi-disciplinary approach to meet the requirements of 36 CFR 800.3 and 36 CFR 800.4. ARDOT Qualified Staff will follow the internal procedures process as outlined in Appendix D.V and may address multiple steps simultaneously. Draft November 2020 A. ARDOT shall identify historic properties that may be located within the APE. ARDOT shall determine the appropriate scope and type of identification efforts based on the magnitude of the project, the nature and extent of its potential effects on historic properties, and the likely nature of historic properties within the APE. ARDOT shall consult formally or informally with SHPO to determine the level of effort to identify historic properties and associated survey methodology. ARDOT will undertake the Initiation of the Section 106 Process and the Identification of Historic Properties by carrying out the following steps in conformance with the process outlined in the regulations implementing Section 106:
1. Initiate the Section 106 process in accordance with the procedures in 36 CFR 800.3, including establishing an undertaking exists, coordinating with other reviews, planning to involve the public, and identifying and inviting other consulting parties, as appropriate;
2. Determine the project's APE, as defined in 36 CFR 800.16(d) and under the provisions stated in Stipulation VII;
3. Review existing information on file (including but not limited to ARAS’s site files, Arkansas Historic Preservation Program’s recorded structures and site files, and ARDOT’s historic bridge database) to identify historic properties in the APE;
4. Formal consultation letters are sent to the Osage Nation and other consulting Tribes early in the planning process as outlined in Stipulation IV and Appendix D.V.
5. Assess the likelihood that unidentified historic properties exist in the APE by examining archival maps and resources and aerial imagery;
6. Determine the degree of existing disturbance within the APE by performing a windshield survey and/or field inspection, as needed and determine whether an archaeological or historic architectural survey is needed;
7. Perform archaeological or historic architectural field reconnaissance and/or intensive surveys, as warranted, in conformance with the Secretary of the Interior's Standards and Guidelines for
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. Identification of Historic Properties (Structures): STATE shall consult with the SHPO to identify historic properties within the CDBG, HOME, ESG and HOPWA programs activities' area of potential effect (APE) as set forth in 36 CFR Section 800.16(d). At a minimum, the STATE shall review the current listing of the National Register and the Utah SHPO Historic Buildings Database. When the STATE determines in consultation with the SHPO that additional information is required to adequately assess the presence of historic properties, the SUB-RECIPIENT shall work with the STATE to collect additional information that is responsive to the nature of the undertaking.
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. In planning for the Undertaking, DoD has conducted extensive surveys and evaluations, and, in consultation with the Guam and CNMI SHPO, ACHP, NPS, Consulting Parties, applied the results to the siting/lay down of individual projects to best avoid effects to historic properties. DoD has provided documentation of these efforts to the Signatories and Invited Signatories. Appendix D provides an overview of completed surveys, areas of known sensitivity, and identified historic properties.
B. DoD surveys and evaluations have focused on project-specific APEs, defined consistent with 36 CFR §800.16(d) to include those portions of the islands of Guam and Tinian subject to direct and indirect effects of projects included in the Undertaking, based on the current FEIS as shown and described in Appendix E. DoD has also established APEs for cumulative effects, which include the entire islands of Guam and Tinian. In the course of supplemental reviews pursuant to Stipulations IV and V of this PA, the Signatories and Invited Signatories may request that additional project-specific APEs be defined consistent with 36 CFR §800.16(d) to address potential direct and indirect effects of individual projects.
C. In addition to the archaeological and architectural surveys and evaluations noted in Stipulation IV.A above, DoD has completed extensive archival research and oral history studies and interviews, and has identified historic properties and culturally important natural resources such as the xxxxx xxxx, nunu, da’ok, dukduk, ifit trees, and medicinal plants.
D. For the majority of project areas included within the Undertaking, DoD has provided documentation of identification efforts and determinations of eligibility to the applicable SHPO, consistent with 36 CFR §800.4(b)(2) and §800.
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. Area of Potential Effects An APE for the NLX Corridor was developed by FRA and MnDOT CRU pursuant to 36 CFR 800.4(a)(1) taking into account statements by MnSHPO, WisSHPO, stakeholders and interested parties. The APE for each site specific project will be determined by MnDOT CRU, on behalf of FRA, in accordance with the APE for the NLX Corridor and the APE Delineation guidelines (Attachment A). As described in Attachment A, throughout the design process, MnDOT CRU will determine if revisions to an undertaking require modifications to the APE. If an APE requires revisions, MnDOT CRU is responsible for informing the signatories, together with FRA or other federal agency, consulting Federally- recognized Native American tribes, and other consulting parties.
B. Identification and Evaluation of Historic Properties
1. The signatories to this PA agree that MnDOT CRU will have the responsibility to identify historic properties and prepare documentation in accordance with Attachment B. As appropriate, these methods may be modified for the NLX Project or site specific project in consultation with the signatories and in accordance with PI review and current professional standards. Findings shall be made by MnDOT CRU to FRA based on NRHP criteria (36 CFR 60.4) and evaluated in accordance with 36 CFR 800.4(c). Evaluation methods and criteria shall be consistent with the Secretary of the Interior’s Standards and Guidelines for Evaluation (48 Fed. Reg. 44729-44738) (36 CFR 63) and shall be completed by PIs qualified in the appropriate discipline: archaeology, architectural history, or history.
2. Historic properties shall be identified to the extent possible within the APE for the NLX Corridor and each of the site specific projects and will be documented in individual Survey Reports (SR) as described in Attachment B. The content, methodology, level of effort, and documentation requirements for historic property evaluations in the SR shall follow federal, Minnesota and Wisconsin guidelines and instructions, and are provided in detail in Attachment B. The identification effort and ineligible properties shall be documented in separate technical reports for archaeological properties and historic architectural properties, the drafts of which will be submitted for review by the signatories and other consulting parties including tribal historic preservation officers (THPOs) and tribal representatives who have expressed an interest in the undertaking.
i. Archaeological propert...
IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. Identification Standards and Procedures: Caltrans or the appropriate local agency shall review existing information for historic properties that may be affected by an undertaking and request information from interested persons in accordance with the Secretary of the Interior's Standards and Guidelines for Preservation Planning, Identification, Evaluation and Registration (48 FR 44716-28) (Guidelines) as set forth in the Caltrans Environmental Handbook, Volume 2, or Caltrans’ publication entitled Guidance for Consultants: Procedures for the Protection of Historic Properties, The Section 106 Process, as appropriate. Neither Caltrans nor the appropriate local agency is required to conduct a field survey of the APE if it determines through a record and literature search that: 1) the APE has previously been surveyed for historic properties in accordance with the Guidelines; 2) all bridges, buildings, structures, sites, objects, or districts in the APE have previously been identified and evaluated in accordance with the Guidelines; 3) a qualified professional, as set forth in Stipulation XIII, determines that previous disturbance within the APE would have destroyed the integrity of any archeological remains; and 4) no new information was received from the public. Caltrans or the appropriate local agency shall document reasons for not surveying the APE, retain this documentation in files, and proceed according to the other provisions of this Stipulation. Caltrans or the appropriate local agency shall conduct a field survey in those areas that have not previously been surveyed if the APE is located in an area that is determined by a qualified professional, as set forth in Stipulation XIII, to have potential to contain historic properties, including archeological properties, and the undertaking has the potential to affect such properties. Caltrans or the appropriate local agency will record on approved California Department of Parks and Recreation (CDPR) forms any buildings, structures, sites, objects, or districts identified through these survey efforts. Caltrans shall provide copies of the Caltrans- and local-agency prepared survey reports and CDPR forms to FHWA. Caltrans shall submit copies of all survey reports, including Negative Archeological Survey Reports, and CDPR forms to the appropriate Information Center of the California Historical Resources Information System.
