DRAFT – April 2002
CULTURAL RESOURCES
NV-CPA-52
HELP SHEET
Cultural resources are the traces of all the past activities and accomplishments of people. They include tangible traces such as historic districts, sites, buildings, structures, historical documents and cemeteries. They also include traces of less tangible objects such as dance forms, aspects of folk-life, cultural or religious practices, and some landscapes and vistas.
When a cultural resource is properly documented, a Cultural Resources Specialist or a professional archaeologist will evaluate its significance using the criteria at 36 CFR 60.4. This will determine its eligibility for the National Register of Historic Places (National Register). If a cultural resource is evaluated as being eligible for the National Register and the State Historic Preservation Officer (SHPO) concurs with the evaluation, it becomes an historic property.
Historic property means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria. Anything 50 years old or older may be eligible for inclusion in the National Register.
Federal historic preservation laws are:
· Antiquities Act of 1906
· Historic Sites Act of 1935
· National Historic Preservation Act of 1966
· Archaeological and Historic Preservation Act of 1974
· Archeological Resources Protection Act of 1979
· Native American Graves Protection and Repatriation Act of 1990
The Advisory Council on Historic Preservation (ACHP) advises the President and Congress on historical preservation matters based on established laws. The SHPO is responsible for a statewide historic preservation plan. Nationwide federal policy is contained in 36 CFR 800 that are the implementation regulations for Section 106 of the National Historic Preservation Act (NHPA). Section 106 requires federal agencies to take into account the effects of their undertakings on historic properties and give the Advisory Council or its agent – the SHPO, a reasonable opportunity to comment on the undertaking. The purpose of the Section 106 review process is to accommodate historic preservation concerns with the needs of the Federal undertakings through consultation among the agency representative and other parties (like Indian tribes) with an interest in the effects of the undertaking on historic properties, commencing at the early stages of project planning.
The code of Federal Regulations can be found at http://www.access.gpo.gov/nara/cfr/index.html. Search for 36CFR800. This CFR contains the implementation regulations for Section 106 of the National Historic Preservation Act.
NRCS policy recognizes that cultural resources are an integral part of our national heritage and recognizes its responsibility for historic preservation, particularly as they are listed in the National Historic Preservation Act. NRCS will ensure that cultural resources are considered in all NRCS actions and programs. In addition to cultural resources, NRCS also considers resources that are located during cultural resources or other investigations or actions, which are of geological, paleontological, or of other scientific importance. Specific information handing these other resources may be found in Subpart F, 601.63 and the NRCS Engineering Manual.
Agencies are required to consult with officials of Indian tribes when tribal lands or historic properties of significance to such tribes are involved. Some tribes have officially designated Tribal Historic Preservation Officers (THPOs), while others designate representatives to consult with agencies as needed.
To successfully complete the Section 106 review process, Federal agencies must determine if Section 106 of NHPA applies to a given project, and if so, initiate the review. To do so:
· Information needs to be gathered to determine if historic properties exist in the project area that are listed on, or eligible for, the National Register of Historic Places
· Determine how historic properties might be affected
· Explore alternatives to avoid or reduce harm to historic properties
· Reach agreement with the SHPO (and ACHP in some cases)/Indian tribe on measures to deal with any adverse effects or obtain advisory comments from the ACHP, which are sent to the head of the agency
In addition to the above, NRCS policy and procedure is to:
· Identify and protect historic properties early in the planning and environmental evaluation process for all assistance activities classified as an undertaking that have potential to cause effects on historic properties
· Protect historic properties in their original location to the fullest extent practicable by avoiding adverse impacts
· Identify early in the planning process those other parties (like Indian tribes) with an interest in the undertaking and to consult with them
When beginning the planning process, determine that the proposed action or activity is an undertaking, and if so, does it have the potential to cause effects on historic properties?
An undertaking is:
· Any project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including a Federal project, activity or program that is carried out by or on behalf of a Federal agency
· Any activity carried out with Federal financial assistance
· Activities requiring a Federal permit, license or approval
· Any activity subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency (as defined in NHPA, as amended)
· Any activity that can result in changes in the character or use of historic properties, if any such historic properties are located in the area of potential effects
· More specifically, any NRCS activity, project, or program where NRCS is able to exercise control over the outcome of planned activities
Any action that results in physical ground disturbance is a potential concern as an undertaking. Activities that are off-site, but may impact the character of a nearby cultural resource are also a concern.
Refer to the Nevada NRCS Cultural Resources Handbook (Handbook) for more information on policy and procedure. The Standard Cultural Resources Procedures for NV NRCS Personnel, in the Handbook, gives a detailed description of the process to follow.
While nearly all NRCS activities would be considered undertakings, not all activities have the potential to cause effects on historic properties. Some examples are, providing basic soil information and providing assistance that will not cause a ground disturbance or lead to greater disturbances of previously disturbed areas. Programs activities like NRI, Snow Survey, wetland inventories, and Soil Survey activities that involve no ground disturbance beyond small scale field investigations such as small shovel holes, auger holes, and probe holes are generally not considered to be undertakings.
The Nevada Handbook contains information on no effect undertakings like the replacement of outlet/inlet structures, maintenance/repair of a dam or diversion and maintenance/repair of a spring development or water pumping station.
This Handbook also has information on exempt undertakings for small projects with only one or two landowners doing work on existing irrigation field ditches, laterals, drains, diversions, etc. Refer to the Handbook for more information and the No Effect or Exempt Undertakings Documentation Form to attach to the NV-EVC-1.
Individual conservation practices may affect cultural resources in a variety of ways, ranging from adverse to beneficial impacts. In general, the potential effects of NRCS conservation practices may be categorized according to national standard installation criteria set forth in the National Handbook of Conservation Practices as having the potential, having low potential, or having no potential to affect historic properties. Criteria found in specific State Conservation Practice Standards may place practices in different categories according to installation methods within each state. The categories include:
· Practices that have the potential to cause effects on historic properties, assuming such historic properties are present because the potential is high for disturbing the ground
· Practices that have low potential to cause effects on historic properties (assuming such historic properties are present) if the following conditions apply
· Installation of the practice will not exceed the depth, extent, or kind of disturbance caused by previous cultivation(s)
· The practice installation will not result in ground disturbance on land that has not been previously disturbed
· Practices that do not have the potential to cause effects on historic properties, assuming such historic properties are present. These are primarily management related and have a benign or beneficial effect on cultural resources
Refer to the Nevada Handbook for the list of practices considered as undertakings, conservation practices considered as undertakings except when nonintrusive and conservation practices not considered as undertakings.
If the proposed action or activity you are considering is not an undertaking, no additional documentation is needed concerning cultural resources. Note this on the EE (CPA-52) and proceed with planning.
If the proposed action or activity is an undertaking and has potential to effect a cultural resource:
· Determine the level and responsibility for cultural resource investigation
· If the conservation plan and implementation is at the field level, the Cultural Resource Review and Field Inspection may be conducted by an NRCS employee who has satisfactorily completed the National Cultural Resources Training Program and provided that the planned activity is generally limited to lands owned controlled, or managed by three or fewer cooperators and the Field Office personnel have determined that no extenuating circumstances exist, such as particularly dense, unusual, or deeply buried cultural resources within the proposed APE
· If the proposed activity with the potential to effect cultural resources, or the scope of planning for a series of such activities involves more than three cooperators, or extenuating circumstances, such as those described above, or the proposed activity or the scope appears to be of size or complexity that warrants additional assistance, the Field Office shall contact the Cultural Resources Coordinator (CRC). The CRC will contact a Cultural Resources Specialist (CRS) as needed and shall review the proposed action and make a recommendation addressing the amount and level of cultural resource assistance needed
· If authority for conservation planning and implementation is above the field office level, the required cultural resources activities beyond the initial cultural resources review will be conducted by a CRS
· All project plans will require cultural resources review to be conducted by a CRS
The next step is to determine the Area of Potential Effect (APE). The area of potential effects means the geographic area or areas within which an undertaking may directly or indirectly cause changes in the character or use of historic properties, if any such properties exist. The area of potential effects is influenced by the scale and nature of an undertaking and may be different for different kinds of effects by the undertaking. You must include all areas to be altered. Like access and haul roads, borrow areas, areas where spoil will be placed, as well as the area of the actual conservation practice. All of these are the APE.
Next, conduct a cultural resources review to find if cultural resources are known in the APE. Document findings on the NV-EVC-1. This review will consist, at a minimum, of checking or contacting the following sources and documenting the results:
· The National Register of Historic Places for listed and eligible properties, and any State and local registers of cultural properties. Sites (by county in Nevada) on the National Register can be found at http://www.cr.nps.gov/nr/research/nris.htm. Select NRIS Database, location, state and enter NV to get in.
· Official state site files and databases. As per Nevada’s State Agreement with SHPO, a site record search over the phone can be done with the following [If the site record search over the phone is positive (site present), then a written request will be necessary]
· For activities in Clark, Lincoln, Esmeralda, Nye and White Pine counties, contact Susan Murphy, in Las Vegas, with the Harry Reid Center for Environmental Studies. Susan’s phone number is (702) 895-1411
· For the rest of Nevada, contact Maggie Brown, in Carson City, with the Nevada State Museum. Maggie’s phone number is (775) 687-3002
· The landowner, participant, or sponsor. These individuals may have a great deal of information about historic or prehistoric resources on a tract or property
· Cultural resources indicators, environmental indicators, and artifacts. See Module 4 of the National Cultural Resources Training Program study guide and state information from the State historic Preservation Plan
· Information from National Environmental Policy Act scoping meetings and in environmental documents prepared by, or for, Federal and State agencies
· Sources that identify American Indian tribes or Native Hawaiian groups who presently live in or use the area, those who lived there in the past (identify tribes that may have an interest for religious and cultural reasons because of ancestral homelands and places of importance to them), and individuals knowledgeable about the cultural properties of the tribes or groups. Critical to locating and in determining the value of cultural properties is finding individuals who understand the traditions and customs of indigenous groups. These include social scientists, traditional religious leaders, and universities with anthropologists, historians, folklorists, or cultural geographers. Tribes may have a designated Tribal Historic Preservation Officer. The THPO has assumed the responsibilities of the SHPO for the purposes of section 106 compliance on tribal lands. Some tribes may not have a THPO, but might have a contact person to provide information about issues of interest to the tribe. It is important to identify non-archeological cultural resources and/or the individuals who can identify them. Additional efforts may be necessary in expanding public and scoping meetings to address concerns of Native American and other concerned ethnic groups and may aid in identifying cultural resources of concern to the groups
· Other sources, including the ones listed below, can provide information to help build a background for individual planning checks. NRCS Field Office employees conducting reviews are not required to check these sources for each conservation plan, but collecting information from these sources into a file as directed in Module 3 of the National Cultural Resources Training Program can save time and avoid discovery situations. These types of sources must be checked in reviews conducted by CRS