Historic Preservation Memoranda of Agreement

What is an MOA?

As part of the Section 106 review process, it

is an agreement among an agency official,

the State Historic Preservation Officer, and

possibly others, regarding the resolution of

adverse effects on historic properties.

Section 106 of What?

Section 106 is part of the National Historic Preservation Act of 1966 (NHPA)

National Historic Preservation Act of 1966 (NHPA)

Established:– National Register of Historic Places– Advisory Council on Historic Preservation– State Historic Preservation Offices– Section 106 (Agency Responsibilities)

Section 106 Review

Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment.

Initiate Section 106 Process

Identify Historic Properties

Assess Adverse Effects

Resolve Adverse Effects MOA

Initiate Section 106 Process

Identify Historic Properties

Assess Adverse Effects

Resolve Adverse Effects

Applicability

• Historic Preservation (“Section 106”) compliance is part of the Statutory Checklist, and is required for:

– Categorically Excluded, Subject to 58.5, and

– Environmental Assessment-level activities

Categorical Exclusion,Subject to Sec. 58.5

• Public facilities

improvements,

“individual actions,”

certain

Rehabilitation,

Acquisition…

Environmental Assessment

• All projects not

Categorically Excluded

or Exempt (e.g. New

construction, Significant

Rehabilitation, etc.)

Initiate Section 106 Process

Identify Historic Properties

Assess Adverse Effects

Resolve Adverse Effects

Historic Properties

Historic Properties are properties that are included in or eligible for inclusion in the

National Register of Historic Places

National Register Properties

• Property types

–Buildings– Structures– Sites– Objects– Districts

• National, State, or local significance

Pickerington Carnegie Library

National Register Properties

• Property types– Buildings

–Structures– Sites– Objects– Districts

• National, State, or local significance

Station Road Bridge

National Register Properties

• Property types– Buildings– Structures

–Sites– Objects– Districts

• National, State, or local significance

Miamisburg Mound

National Register Properties

• Property types– Buildings– Structures– Sites

–Objects– Districts

• National, State, or local significance

Hoffner Monument

National Register Properties

• Property types– Buildings– Structures– Sites– Objects

–Districts• National, State, or

local significanceSt. Clairsville Historic District

National Register Properties

Properties that are important in American history, architecture, archaeology, engineering, or culture, and that meet one or more of the National Register Criteria.

National Register Criteria

A. Association with events

B. Association with people

C. Distinctive Design/construction– Distinctive construction characteristics– Work of a master– Artistic value– A distinguishable entity

D. Data potential

National Register Criterion: A

Pickerington Carnegie Library

National Register Criterion: B

Jaret Kirtland House

National Register Criterion: C

Station Road Bridge

National Register Criterion: D

Miamisburg Mound

Integrity

• Properties must have integrity of (as appropriate)– Location– Setting– Design– Materials– Workmanship– Feeling and association

Initiate Section 106 Process

Identify Historic Properties

Assess Adverse Effects

Resolve Adverse Effects

Criteria of Adverse Effect

• Undertaking may:– alter characteristics that qualify

property for the National Register

– diminish the property’s integrity

• Alteration may be direct or indirect

Examples of Adverse Effects

• Destruction

• Alteration

• Removal

• Changing use

• Alteration of setting

• Introduction of intrusive elements

• Neglect

• Transfer out of Federal ownership

Initiate Section 106 Process

Identify Historic Properties

Assess Adverse Effects

Resolve Adverse Effects MOA

Adverse Effect

. . . seek ways to avoid, minimize, or mitigate the adverse effects.

Consultation andPublic Involvement

• State Historic Preservation Office

• Tribes

• Advisory Council on Historic Preservation

• Other Interested Parties

• Public

MOA

• Provides a summary of the consultation that occurred to resolve adverse effects

• Outlines roles, responsibilities, project implementation, and mitigation actions

• Execution and implementation of an MOA signifies the completion of the Section 106 process

Components of MOA

• Preamble (“Whereas” clauses)

• Stipulations

• General provisions

• Signatures

Examples of Mitigation: Architecture

• Documentation

• Public Education

• Alternative Preservation

Examples of Mitigation: Archaeology

• Avoidance

• Data recovery

• Public education

Signatures

Signatories•Agency Official•SHPO•ACHP (if participating in consultation)

Invited Signatories• Any consulting parties

with responsibilities to carry out under the MOA

Concurring Parties• Consulting parties without responsibilities

How long does it take??