1. Cultural
Resources
Categorical Exclusion Training Class – Presented by the Office of Environmental Services

2. National Historic Preservation Act (1966)
Significant historic resources were being lost due to “urban renewal”
Provided for expansion and
maintenance of the National
Register of Historic Places (NRHP)
Formed Advisory Council on
Historic Preservation (ACHP)
Requires federal agencies to take into account the effects of their undertakings
[2] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

3. Section NHPA
Requires consideration of effects on historic properties listed on OR eligible for the NRHP
Ensures preservation values are factored into decision-making and planning process
Considers views of the public (may be done concurrently with NEPA Public Involvement)
Federal agencies responsible
for Section 106 compliance
[3] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

4. 36 CFR Part 800 Implementing regulations of the NHPA
Implementing regulations of the NHPA
Spells out the process in identifying historic properties and determining effects
Mandates the review process
be completed prior to the
expenditure of Federal Funds
[4] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

5. Section 106 PA Between FHWA, ODOT, SHPO, ACHP
Between FHWA, ODOT, SHPO, ACHP
New agreement executed November 8, 2017
Lays out process for Section 106 compliance
Acknowledges ODOT’s role under NEPA Assignment
Tribal consultation remains FHWA’s responsibility
Allows ODOT to clear projects with no/minimal potential to cause effects without further coordination (Appendices A and B)
Allows for 15-day review period for projects with No Historic Properties Affected and No Adverse Effect
[5] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

6. Section 106 Scoping Request
Information submitted to OES for scoping
Project Description
Mapping
Previously Inventoried Resources
Ohio Historic Inventory
Ohio Archaeological Inventory
National Register of Historic Places
Historic Bridges
Etc.
Photolog
Other project information
See Section 106 Toolkit
[6] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

7. 106 Coordination Once OES receives the Scoping Request Form:
Once OES receives the Scoping Request Form:
Assess to determine what, if any, additional work is required
Clear in-house with PA OR
Provide scope for consultant to complete Phase I
Once studies are complete:
OES issues IOC or formal letter
Includes resources identified in APE
Includes effect call for project
Includes language to be included in CE
May include Section 4(f) language (de minimis)
[7] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

8. ***READ ALL DOCUMENTATION***
Project Effect
36 CFR Part 800/PA
No/Minimal Potential to Cause Effects per ODOT’s revised Programmatic Agreement (11/8/17)
No Historic Properties Affected
No Adverse Effect
Adverse Effect
Effects determined in consultation with SHPO
Only one effect determination for an undertaking
***READ ALL DOCUMENTATION***
[8] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

9. Public Involvement Section 106 requires PI
Section 106 requires PI
Often, this is done in conjunction with NEPA PI
Consider (and respond to) comments received from the public regarding historic resources (Section 106 PI)
Be sure to appropriately involve Consulting Parties
Defined role in the Section 106 process
May be self-identified or invited
Consulting Parties must request status in writing. OES must provide acceptance
[9] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

10. Cultural Resources Tab EnviroNet
Description of Efforts
Discuss resources identified through records check
Include who conducted and when
Discuss resources identified through field review
Who equals OES, District Staff, or consulting firm…
[10] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

11. Cultural Resources Tab EnviroNet
[11] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

12. Cultural Resources Tab EnviroNet
Remarks
Include information from end of IOC or letter
Effect Call
How project was cleared
Who equals OES, District Staff, or consulting firm…
[12] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

13. Cultural Resources Tab EnviroNet
If there are NRHP eligible/listed resources:
[13] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

14. Cultural Resources Tab EnviroNet
If there is an Adverse Effect:
[14] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

15. Cultural Resources Tab EnviroNet
Include a list of Consulting Parties:
Correspondence, including responses to questions/comments, should be placed in the project file
[15] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

16. READ ALL CORRESPONDENCE
Commitments
List commitments out of coordination
Who equals OES, District Staff, or consulting firm…
READ ALL CORRESPONDENCE
[16] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

17. Coming Soon Changes to EnviroNet will facilitate: Tribal Consultation
Changes to EnviroNet will facilitate:
Tribal Consultation
SHPO Coordination
Tribal Consultation: will allow tribal representatives to be notified about projects based on their individual profiles. They will be able to make comments in the system.
SHPO Consultation: will be conducted within the system
Who equals OES, District Staff, or consulting firm…
[17] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

18. Documentation Agency Coordination Letters (part of CE)
Agency Coordination Letters (part of CE)
ODOT generated coordination (part of CE):
ORC Section
Section 106 PA IOC
Consulting Party Correspondence (part of CE)
Tribal Consultation (will be in system with upgrades)
Survey Reports (project file)
Documentation for Consultation/Determination of Effects Report (project file)
MOA (Memorandum of Agreement) (project file)
[18] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

19. Points To Remember Section 106 applies to any federal undertaking
Section 106 applies to any federal undertaking
Must consider effects on eligible or listed NRHP properties
Imperative to read all documents generated
Agency Letters
IOCs from ODOT-OES and/or ODOT District
[19] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

20. Points To Remember
Lead Federal Agency is responsible for all decisions
Commitments out of coordination must be included
Cross-over areas: Section 4(f), Public Involvement
Document everything
Decisions, findings, consultation, etc.
[20] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

21. Contacts/Information
Cultural Resource Staff
Erica Schneider - AEA
Susan Gasbarro - H/A Team Leader
Stan Baker - Archaeology Team Leader
See Cultural Resources Website:
/Cultural_Resources/Pages/default.aspx
[21] Categorical Exclusion Training Class – Presented by the Office of Environmental Services