The Minnesota State Historic Preservation Office & 106 ReviewsPresented By: Mary Ann Heidemann, ManagerGovernment Programs and Compliance

For:

ACE/MN Annual Conference

March 5, 2012

Establishment of SHPO

• SHPO authorized in Sec. 101 of the National Historic Preservation Act, passed in 1966

• Minnesota SHPO established in 1968

• SHPO appointed by each State’s Governor

• Federal Act sets minimum program requirements

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Duties of the SHPO Under The National Historic Preservation Act

• Conduct a comprehensive state-wide survey of historic resources

• Nominate properties to the National Register

• Create & implement the State Preservation Plan

• Administer State program of Federal preservation incentive programs

• Assist local units & state agencies with historic preservation

• Consult with Federal agencies about impact of Federal projects on historic resources

• Provide public information, education, training and technical assistance

Intended Audiences

• Owners of historic properties

• Local government units • State agencies• Federal agencies• Tribes• Preservation groups• Preservation

professionals• The public

Participation in SHPO/THPO Programs

• All 50 States• Eight US Territories• Washington DC• Native American Tribes• MN has 9 THPOs currently (out of 11 recognized tribes)

MN SHPO Organizational Structure & Location

• SHPO is located in MN Historical Society (MHS)

• MN Legislature named head of MHS as State Historic Pres. Officer

• Government function inside a private, non-profit institution

• SHPO offices located in History Center, in downtown St. Paul

SHPO Director and Staff in MN• Steve Elliott Heads MN

Historical Society and Serves as the MN SHPO

• Barbara Howard is Deputy SHPO & Department Head

• SHPO has 18 staff persons in four areas– Administration: 2– Outreach & Grants: 7– Register & Incentives: 4– Compliance: 5

• Many state/federal agencies employ in-house historians & archaeologists (ie: MnDOT)

MN SHPO Organizational Chart

MN SHPO Staff

SHPO Programs in Minnesota

• National Register• Federal Tax Credits• State Tax Credits• MN Legacy Grants• MN Main Street Prog.• Sec. 106 Reviews• Assist Local Heritage

Preservation Comm.• Keep Historic Site &

Survey Records• Create Preservation Plan

Sec. 106 review per 36 CFR Part 800

Programmatic Agreement between FHWA, SHPO & MnDOT Internalizes Transportation Review

• MnDOT’s Cultural Resources Unit (CRU) represents FHWA

• CRU reviews FHWA projects for potential affects on historic properties

• Projects with no historic properties move forward

• Projects historic properties but no effect move forward

• Projects that may affect historic properties go to SHPO

“Reasonable Effort” is required by regs to identify historic properties. This means a survey.

Survey Requirements: Cover both structures &

archaeological sites Identify known sites Conduct Phase I Survey to

discover any new sites Evaluate Register

eligibility of new sites If site is Register eligible,

evaluate effect of project on the historic property

Compliance Unit Sec. 106 Review ProcessApplies to projects receiving federal funds or permits that have the potential to effect historic sites. In FY 2010, 5006 new review packets were received.

Project Receipt & Screening• Hard copy submittals only• Date stamped & logged in• Map & file of project area

& known sites created• Projects with no effect on

historic properties get quick turn-around

• Projects in or near known sites are reviewed further

• Distributed internally

Distribution for Comments• Sent to appropriate staff

– Archaeologist– Architectural Historian– Architect

• Twice monthly triage• Experts make comments• Compliance Unit compiles

response within 30 days• Complex projects may

require series of responses

SHPO Submittal Content• Describe undertaking• Funding & permits• Project location map• Area of Potential Effect• Ground to be disturbed• Building/site photos• Available plans/designs• Public participation info

Don’t assume we understand the project as well as you do!

Check with SHPO for Known SitesSite Data Base Includes:• Historical and

Architectural Sites• Archaeological Sites• Regulatory Status of Sites:

– Listed in National Register– Certified as eligible– Staff finding as eligible

• Location of sites (T,R, Sec)• State Register sites listed

in MN Historic Sites Act

Access to Site Data• Mapped on SHPO topos• Known sites also have a file• Maps and files open to

public Tues-Fri, 8:30-4:00• Or send data base query to:

thomas.cinadr@mnhs.org requesting known sites in each geo section of interest

• Queries run once a week

If Historic Properties are Present or Suspected Within the APE, SHPO Concerns Can Include:•Archaeological site disturbance•Adverse building or site impact

•Additions or alterations•Severing property

•Adverse site modifications•Changes in key site features•Change of setting & function

•Visual effects•Noise, vibration & traffic •Historic Dist. business impacts

Resolution of Adverse Effects

Typical Hot Buttons:• Near water (archaeology)• CCC/WPA structures• Mid-century modern designs• Construction impacts• Visual or noise effects on

nearby historic sites

• Avoid– Find known sites– Change plans

• Minimize– Compatible designs

• Mitigate– Negotiate an MOA– Agree on stipulations

Questions or Comments?

Thank You!