Historic Preservation Review & Compliance and the
American Recovery and Reinvestment Act of 2009

The purpose of the American Recovery and Reinvestment Act of 2009 (ARRA) is to create and save jobs, jumpstart our economy, and build the foundation for long-term economic growth. The Act includes measures to modernize the nation's infrastructure, enhance America's energy independence, expand educational opportunities, increase access to health care, provide tax relief, and protect those in greatest need. Because ARRA is a federal program, all projects funded by the act are subject to historic preservation review and compliance under Section 106 of the National Historic Preservation Act (NHPA). Historic preservation review and compliance is a consultation process to identify significant historic properties so that any harm to them from government-assisted actions can be avoided or minimized.  It is intended to be a conflict-resolution and problem-solving system, which balances the public interest in historic preservation with the public benefit from a variety of governmental initiatives.

Historical and Archaeological Resources Review Process

Under the National Historic Preservation Act (NHPA), and regulations implementing it at Section 106 (36 CFR 800), the DHR is required to work with federal agencies to review all federal undertakings – projects with federal funding, permitting or licensing – to determine whether the projects will impact historical or archaeological resources (See http://www.achp.gov/regs-rev04.pdf and http://www.achp.gov for more information).

Section 106 reviews are divided into four basic steps:

• Identify the project, its location, and whether any historical or archeological resources are located within the project area.  If the project area has not yet been surveyed for resources, the applicant is responsible for identifying resources.
• The federal agency and DHR review the findings and determine whether the project will have an effect on identified resources.
• If there is an effect, the two agencies determine whether the effect is adverse, and if so, whether the adverse effect can be avoided, minimized or mitigated.
• If the adverse effects cannot be avoided or minimized, the agencies work with the applicant to create a mitigation package to address the adverse impacts.

To initiate consultation with the DHR, project proponents MUST complete and submit a Request for Project Review (RPR). Assistance with DHR review and compliance procedures including RPR forms and an accompanying manual are available at www.nh.gov/nhdhr/review. Mail completed RPR forms, along with a self-addressed stamped envelope and required materials, to: 

NH Division of Historical Resources
State Historic Preservation Office
Attention: Review & Compliance
19 Pillsbury Street
Concord, NH 03301-3570

How State Agencies Can Assist Applicants

• Explain to project proponents that all federally-funded projects are subject toreview under the National Historic Preservation Act and Section 106, regardless of the proposed activity.
• Encourage all project proponents to submit a "Request for Project Review" form to the DHR very early in the project development process, availableat http://www.nh.gov/nhdhr/review.
• Direct project proponents to call the DHR with questions about completing the "Request for Project Review" form, particularly prior to submitting inaccurate or incomplete information, at 603-271-3558.
• Advise project proponents to quickly respond to requests for additional project or resource information, particularly if the services of a cultural resources consultant are required (http://www.nh.gov/nhdhr/consultants.html).
• Encourage project proponents to think creatively about ways achieve their project goals whileavoiding or minimizing harm to historical or archeological resources.Projects that have little orno potential to impact resources very quickly satisfy the requirements of Section 106 (see http://achp.gov/regsflow.html).
• Prepare project proponents for the need for cultural resources mitigation if their project goals cannot be achieved without adverselyaffecting historical or archeological resources.
• Refer project proponents to the DHR project review web site -- http://www.nh.gov/nhdhr/review-- for answers to all Section 106 questions.
• Keep records and report on the status of Section 106 compliance for individual recovery projects under your agency.

 

PowerPoint Presentations How Can State Agencies Assist Applicants? ARRA Presentation Video - Section 106 Historic Preservation Review and Compliance as it relates to the American Recovery and Reinvestment Act of 2009. Download Powerpoint used in this video Weatherizing your Historic Home ARRA Presentation Video. Download Powerpoint used in this video To view the powerpoint presentations please save it to your computer and then open it from there

 

For more information about Review and Compliance under the American Recovery and Reinvestment Act of 2009, please contact Christina St. Louis, New Hampshire Division of Historical Resources R & C Program Specialist at 603-271-3558 / christina.st.louis@dcr.nh.gov. 

For general information on the American Recovery and Reinvestment Act of 2009 in NH visit http://www.nh.gov/recovery