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

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

Section 106 - 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

36 CFR Part 800 Implementing regulations of the NHPA Implementing regulations of the NHPA www.achp.gov/regs-rev04.pdf 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

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

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

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

***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

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

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

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

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

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

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

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

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

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

Documentation Agency Coordination Letters (part of CE) Agency Coordination Letters (part of CE) ODOT generated coordination (part of CE): ORC Section 149.53 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

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

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

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