National Treasures: Brownfields and the National Historic Preservation Act Brownfields 2006 Boston, MA

National Historic Preservation Act of 1966 (as amended) Established the National Register of Historic Places. Requires federal agencies to conduct a review process to identify historic properties/cultural resources. Commonly referred to as “106 Review”.

EPA, Brownfields and NHPA When multiple federal agencies (e.g., HUD, ACOE, NPS, EPA) participate on a project, it is anticipated that one will take the lead w.r.t. compliance with NHPA. EPA becomes a participating federal agency on brownfields projects with issuance of Assessment Grants and Cleanup Grants.

EPA Assessment Grant Terms & Conditions Section I.A.l.d: “The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to…National Historic Preservation Act…”.

EPA Cleanup Grant Terms & Conditions Section IV.B.3: “Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling or cleanup), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations.”

Grantee vs EPA Obligations Grantee consults with EPA regarding historic properties andassists EPA in complying with NHPA. EPA, in consultation with SHPO and/or THPO, makes determination regarding National Register status of properties, and potential mitigation of adverse affects. Consultation with local municipal staff may provide information regarding the eligibility status of the property.

What are historic properties/cultural resources? Sites, districts, buildings, structures and objects listed on or eligible for the National Register of Historic Places. Traditional cultural properties (dance grounds, waterways, campsites, vistas) may also be subject to protection.

PDVC, Springfield, VT

Pine Street Barge Canal Burlington, VT

Pine Street Barge Canal

Meddybemps Lake, Maine

National Register Eligibility Criteria Association with important: Historical events Historical figures Design patterns or construction Data/information potential

General Exceptions to National Register Criteria Religious properties Moved properties Birthplaces and cemeteries Reconstructions and commemorations Properties less than 50 years old

Section 106 Review Process Step 1: Determine Applicability Step 2: Identify Historic Properties Step 3: Determine Effects Step 4: Resolve Adverse Effects

Step 1: Determine Applicability Do you have an “undertaking” that might affect historic properties? Definition of “undertaking”: A project, activity or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out with federal financial assistance. Generally, no federal dollars, no NHPA.

Step 2: Identify historic properties Is there the potential that historic properties might be present and might be affected by the activities in the grant?

Jones & Lamson, Springfield, VT

Jones & Lamson

If yes, Grantee should: Inform EPA. Engage the services of a qualified historian or archaeologist (DOI standards) to discover and evaluate the significance of any historic properties (National Register eligible), and assess the potential for effects to that resource as a result of grant activities.

Jones & Lamson saw-tooth roof (exterior)

Jones & Lamson saw-tooth roof (interior)

Step 3: Determine Effects Will the effect of the funded activity on the historic resource(s) be adverse?

Not all effects are created equal. An adverse effect is found when an action alters, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that diminishes the integrity of the location, design, setting, materials, workmanship, feeling or association, now or in the future.

Examples of Adverse Effects Physical destruction of, damage to, and/or removal of all or part of the property. Alteration of a property including restoration, rehab, repair, or hazardous material remediation that is not consistent with Standards for the Treatment of Historic Properties (36 CFR part 68).

Adverse Effects (cont) Change of the character of the property’s use or of physical features within the property’s setting that contribute to its historical significance. Introduction of visual, atmospheric or audible elements that diminish the integrity of the property’s significant historic features.

EPA will: Make a determination, based on the historian/archaeologist report, and in consultation with the SHPO/THPO, regarding the historical status of the resource and potential for adverse effects. If historic properties will not be adversely affected, 106 review process is complete. Otherwise, continue to Step 4.

Step 4: Resolve Adverse Effects Avoid Minimize Mitigate

Consider alternatives to avoid or minimize effects…. Shift in alignment Relocation to a different area Design or process modification ….or you may need to mitigate. Education and outreach (exhibits, pamphlets, reports, etc.) Data recovery

Eastern Surplus Superfund Site Meddybemps, ME

Stemmed Points

Tool/Animal Effigy

Outdoor Exhibit

Summary 106 review is triggered by a federal action involving a structure, building, site, etc. that is either on or eligible for the National Register. It is the responsibility of the grantee to inform EPA when an historic resource might be impacted by the funded activity, and, to provide EPA with the information needed to determine the historical significance of the resource and the potential adverse effects of the project on that resource.

Summary (cont) It is EPA’s responsibility, in consultation with the SHPO/THPO, to determine whether or not the historic resource is eligible for the National Register and the scope of any adverse effects. EPA, the SHPO/THPO and grantee, as a consulting party, work to reach consensus regarding alternatives to avoid or minimize the adverse effect. If this is not possible, mitigation for the loss of the resource is expected.

Summary (cont) Implementation of activities to avoid, minimize and/or mitigate are memorialized in a MOA. ACHP may be consulted if there is a dispute, but ultimately, the decision is EPA’s.

Regional Contacts ● EPA Grant Project Officer ●State Historic Preservation Officer (SHPO) ●Tribal Historic Preservation Officer (THPO)

National Contacts ● EPA Office of Federal Activities John Vetter, Jamie Loichinger,

Questions & Answers