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Presentation Overview
7/23/2019 Minnesota Department of Administration | mn.gov/admin 1
Topics
• State Historic Preservation Office Organization and Program Areas
• Federal and State Historic Preservation Laws
• Historic Building Rehabilitation
• Minnesota Historical Society Grant Programs
• Q&A
Historic PreservationDefinition
• Preserving, rehabilitating, restoring, and reconstructing districts, sites, buildings, structures, and objects significant in American history.
• Movement began in the U.S. during the 1960s in an effort to identify, preserve, and protect landmarks and historic neighborhoods faced with urban renewal.
• Comprehensive and inclusive planning tool to identify and preserve historic resources.
• The stewardship of the important places from our past, including buildings, structures, sites, districts and landscapes.
State Historic Preservation Office | mn.gov/admin/shpo
• National Register created by the law to identify important cultural properties
• Established State Historic Preservation Offices
• Federal agencies given new mission to be stewards of cultural resources under Federal control (Section 110)
• Federal agencies required to consider protection of historic properties as part of federal project planning (Section 106)
• Private actions not regulated, even if they affect a National Register property
• Mandated use of standards and guidelines for preservation activities
National Historic Preservation Act (NHPA) of 1966
State Historic Preservation Office | mn.gov/admin/shpo
SHPO Federal Preservation Program
• National Register of Historic Places
• Federal & State Historic Preservation Tax Incentives
• Section 106 Reviews
• Heritage Preservation Commission/Certified Local Government
• Survey & Inventory
• State Preservation Plan
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Minnesota SHPO: Organizational Structure
• As of March 1, 2018 the SHPO is now a part of the state’s executive branch of government.
• Division within the Minnesota Department of Administration.
• The Commissioner of Administration, currently Alice Roberts-Davis, is the State Historic Preservation Officer.
• New location at 50 Sherburne Avenue in Saint Paul.
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Minnesota SHPO: Organizational StructureDepartment of Administration
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• Facilities Management• Real Estate and Construction Services• Risk Management• Office of State Procurement• State Fleet and Surplus Services• Office of the State Archaeologist• State Demographer• Data Practices• Grants Management• State Historic Preservation Office
Minnesota SHPO: Administration
State Historic Preservation Office | mn.gov/admin/shpo
Minnesota Department of Administration
Planning & Communications
State Review Board
State Historic Preservation Office
Administration, Planning & Local
Government Team (4)
Environmental Review Program
Team (4)
Survey & National Register
Team (3)
Tax Incentives & Design Review
Team (2)
Minnesota SHPO: Preservation Planning
State Historic Preservation Office | mn.gov/admin/shpo
• Guides the work of SHPO;• Provides a framework for statewide preservation
program by all partners in the state;• Upcoming planning process; and• Statewide planning goals:
1. Preserve the places that matter2. Promote preservation’s economic benefits3. Educate, educate, educate4. Diversity and inclusivity in historic preservation 5. Leadership
Minnesota SHPO: Survey & Inventory
State Historic Preservation Office | mn.gov/admin/shpo
Ely, circa 1915
• Systematic statewide inventory since 1977:• Over 75,000 structures • Over 18,000 archaeological sites• 2,200 properties added annually
• Annual Access Data:• Over 1,000 updates• Over 500 public users• Over 1,000 data reports run
• Both threats and opportunities to the inventory database
• 2017 completed a Feasibility Assessment for digitization and portal
• 2017 established new email for data requests
Minnesota SHPO: National Register
State Historic Preservation Office | mn.gov/admin/shpo
Nation’s official list of properties deemed worthy of preservation.
Original Main Street Historic District, Sauk Centre
• NRHP is a planning tool• Buildings, districts, sites, objects, structures may be
listed• Must have both significance and integrity• Why list?
• Honor and recognize• State and federal tax credits• Protection through environmental review• State and federal grants
Minnesota SHPO: Certified Local Governments
State Historic Preservation Office | mn.gov/admin/shpo
SHPO
• Maintain communications with local HPCs and CLGs
• Review and comment on local site designations
• Review and comment on annual reports
• Provide technical assistance
• Hold annual preservation conference
CLGs
• Enforce legislation for designation and protection of historic sites
• Local government must adopt ordinance
• Establish a qualified HPC
• Maintain a system to survey historic properties
• Provide for adequate public participation
State enabling legislation: Minnesota Statues 471.193 and 473.859 Subd. 2 (b)
Minnesota SHPO: Tax Incentives
State Historic Preservation Office | mn.gov/admin/shpo
National Park Service
Minnesota State Historic Preservation Office
Internal Revenue Service
Minnesota Department of Revenue
Federal and State Historic Preservation Laws
State Historic Preservation Office | mn.gov/admin/shpo
Section 106 of the NHPA
State Historic Preservation Office | mn.gov/admin/shpo
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.
Section 106 Regulations
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Section 106 Process
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Initiate the Review Process
● Define Undertaking● Identify Consulting Parties (SHPO, State/Local Governments, Local
Historical Organizations, Applicants, Tribes)● Define and Document the Area of Potential Effect (APE)● Identify Historic Properties ● Assess Effects
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Area of Potential Effect (APE)
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Area of Potential Effect (APE)
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What is a Historic Property?
National Register Criteria
At least 50 years old, and
A. Related to important events and patterns in American History
B. Associated with a significant person
C. Distinctive architecture, engineering, or design
D. Information potential
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Paul Bunyan & Babe the Blue Ox
Pipestone Water Tower
Grand Mound, Koochiching County
Albert Lea Commercial Historic District
Identify Historic Properties
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Identify Historic Properties
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What is historic integrity?
LocationDesignSetting
MaterialsWorkmanship
FeelingAssociation
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What is historic integrity?
LocationDesignSetting
MaterialsWorkmanship
FeelingAssociation
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Assess Adverse Effects
If final agency determination is No Adverse Effect…
• Review and consultation process complete• Move forward with implementation of undertaking as it was
reviewed• Reopen consultation if plans are later modified
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Adverse Effects
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Assess Adverse Effects
If final agency determination is Adverse Effect…
• Notify ACHP (Section 106 only)• Consult with Consulting Parties• Involve the Public• Execute Memorandum of Agreement (MOA) (Section 106) or reach
agreement with SHPO in writing on a “suitable course of action” to mitigate for the adverse effect (Minn. Stat. 138)
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Mitigation Examples
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Minnesota State Statutes
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M.S. 138.40 Field Archaeology ActSubd. 3 Review of Plans
• State agencies and other governmental agencies• Proposed projects on non-federal public land• When archaeological sites are known or predicted to exist• Submit construction/development plans to Office of the State Archaeologist (OSA) and State
Historic Preservation Office (SHPO) prior to project implementation• OSA will involve the Minnesota Indian Affairs Council (MIA) if archaeological or historic sites are
associated with Native American culture or religion• SHPO and OSA, or MIAC, will review and provide comments within 30 days of receipt• SHPO comments typically pertain to the need for archeological survey, if one has not yet been
completed for the project; recommendations regarding the avoidance and preservation of archaeological sites through project design; or mitigation if project impacts cannot be avoided
Minnesota State Statutes
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M.S. 138.665 Historic Sites Act
• Applies to State agencies, University of Minnesota, and political subdivisions of the State• Notification of the existence of the State and National Register of Historic Places• Responsibility to protect the physical features and historic character of designated historic properties• Prior to carrying out, funding, or licensing/permitting a project that has the potential to affect
designated historic properties• Consult with the State Historic Preservation Office (SHPO) per established procedures• Typical first step is to submit construction/development plans to the SHPO for review and comment• SHPO to review and provide comments within 30 days of receipt• SHPO comments may include one of the following - concurrence that proposed project will not
adversely affect the historic property; recommendations for project modifications to ensure avoidance of adverse effects; if adverse effects cannot be avoided, then recommendations pertaining to appropriate mitigation
Environmental Assessment Worksheet
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Minnesota Administrative Rules 4410.4300Subp. 31 Historical Places
• Destruction, in whole or in part, or moving of a property listed in the State or National Register of Historic Places
• Permitting State agency or local unit of government is Responsible Governmental Unit (RGU)• Exceptions:
• Project reviewed under Section 106 of the NHPA• Project reviewed by a Heritage Preservation Commission certified by the National Park Service
(CLG/Certified Local Government)• Property is designated by SHPO as noncontributing to a historic district
• Preparation of EAW and issuance for 30-day public review and comment• Intended to provide the public an opportunity to review and comment• Informs the RGU as to whether further environmental study is warranted or not
Section 106 Review Statistics (2016)
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3,006 = No Historic Properties Affected
135 = No Adverse Effect
16 = Adverse Effect
95%
4%1%
Section 106 Reviews by Federal Agency
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•Army (ARMY): 6
•Bureau of Indian Affairs (BIA): 3
•Bureau of Reclamation (BUREC): 3
•Army Corps of Engineers (COE): 29
•Coast Guard (CG): 8
•Dept. of Defense (DOD): 2
•Environmental Protection Agency (EPA): 19
•Farm Service Agency (USDA-FSA): 101
•Federal Aviation Administration (FAA): 17
•Federal Communications Commission (FCC): 142
•Federal Deposit Insurance Corporation (FDIC): 19
•Federal Emergency Management Agency (FEMA): 15
•Federal Energy Regulatory Commission (FERC): 33
•Federal Highway Administration (FHWA): 15
•Forest Service (USDA-FS): 7
•Federal Transit Administration (FTA): 9
•Federal Railroad Administration (FRA): 1
•Fish and Wildlife Service (FWS): 43
•Health and Human Services (HHS): 20
•Housing and Urban Development (HUD): 1653
•National Oceanic and Atmospheric Administration (NOAA): 5
•National Park Service (NPS): 13
•Natural Resources Conservation Service (NRCS): 20
•Office of the Comptroller of the Currency (OCC): 1
•Rural Development (USDA-RD): 134
•Rural Utilities Service (RUS): 20
•Surface Transportation Board (STB): 2
•United States Postal Service (USPS): 2
•Dept of Veterans Affairs (VA): 9
SHPO Review Process
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SHPO Review Process
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Environmental Review Unit
Program Manager – Sarah Beimers
Program Assistant – Leslie Coburn
Program Specialist – Kelly Gragg-Johnson
Subject Matter Expert (SME) Reviewers:
Archaeologist – David Mather
Architectural Historians – Denis Gardner, Ginny Way
Historical Architect – Natascha Wiener, Catherine Sandlund
Minn. Stat. 138.665 Review: New County Services BuildingSt. Louis County
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PROJECTDemolition of the existing county services building and construction of a new county services building. Parking lot on site of existing building.
AGENCYSaint Louis County
CONSULTING PARTIESSHPO, City of Virginia, Virginia Area Historical Society
AREA OF POTENTIAL EFFECTConsideration of both direct/physical and potential indirect adverse effects.
IDENTIFIED HISTORIC PROPERTIESVirginia Recreation Building, Virginia City Hall, Virginia Commercial Historic District
FINAL DETERMINATION: ADVERSE EFFECT
Minn. Stat. 138.665 Review: New County Services BuildingSt. Louis County
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Minn. Stat. 138.40/138.665 Review: Milford Mine Memorial ParkCrow Wing County
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PROJECTCounty Park Development Project
AGENCYCrow Wing County
CONSULTING PARTYSHPO
AREA OF POTENTIAL EFFECTConsideration of both direct/physical and potential indirect adverse effects, generally the park and adjacent parking areas proposed to be improved.
IDENTIFIED HISTORIC PROPERTIESMilford Mine Historic District
FINAL DETERMINATION: NO ADVERSE EFFECT
Minn. Stat. 138.40/138.665 Review: Milford Mine Memorial ParkCrow Wing County
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Minn. Stat. 138.40/138.665 Review: Milford Mine Memorial ParkCrow Wing County
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