Appendix E.09 Cultural Resources and Historic Properties Tier 1 Draft EIS Cultural Resources and Historic Properties Effects Assessment Methodology February 28, 2014 Version Final Revised October 3, 2015 Submitted by: Cultural Resources and Historic Properties Effects Assessment Methodology Table of Contents 1. CULTURAL RESOURCES AND HISTORIC PROPERTIES EFFECTS ASSESSMENT METHODOLOGY ........................ 1 1.1 INTRODUCTION ......................................................................................................................................... 1 1.2 DEFINITIONS............................................................................................................................................. 1 1.3 RELATED RESOURCES .................................................................................................................................. 2 1.4 AGENCY AND REGULATORY FRAMEWORK ........................................................................................................ 2 1.4.1 Regulatory Compliance ..................................................................................................................... 4 1.5 METHODOLOGY TO ASSESS EFFECTS ............................................................................................................... 5 1.5.1 Existing Conditions ........................................................................................................................... 5 1.5.2 Environmental Consequences ........................................................................................................... 7 1.5.3 Mitigation Strategies ........................................................................................................................ 8 1.6 TIER 1 EIS OUTCOMES................................................................................................................................ 8 1.7 APPLICABILITY TO TIER 2 ASSESSMENTS ........................................................................................................... 9 Tables TABLE 1: RELATED RESOURCE INPUTS TO CULTURAL RESOURCES AND HISTORIC PROPERTIES ASSESSMENT ................. 2 TABLE 2: MANAGEMENT AND REGULATION OF CULTURAL RESOURCES AND HISTORIC PROPERTIES* .......................... 3 TABLE 3: DATA SOURCES FOR THE EVALUATION OF CULTURAL RESOURCES AND HISTORIC RESOURCES ....................... 6 P a g e | i last update: 10/3/2015 Version Final Cultural Resources and Historic Properties Effects Assessment Methodology 1. Cultural Resources and Historic Properties Effects Assessment Methodology 1.1 INTRODUCTION This methodology explains how the potential effects of the Tier 1 EIS Alternatives on cultural resources and historic properties will be addressed in the NEC FUTURE Tier 1 EIS. Specific details regarding compliance with Section 106 of the National Historic Preservation Act (NHPA) is documented in the NEC FUTURE Section 106 Strategy and Section 106 Strategy: Approach to Conduct Government-to-Government Consultation with Federally Recognized Indian Tribes. This methodology presents the regulatory framework, involved government agencies, expected approvals and other outcomes of the Tier 1 EIS process and relevance to Tier 2, project-level assessments. It also identifies data sources, metrics and methods to be used to document existing conditions and analyze environmental consequences. This methodology may be revised as the NEC FUTURE program advances and new information is available. 1.2 DEFINITIONS Topic areas covered in this methodology include: Cultural Resources: Federal agencies are required, under NEPA [40 CFR § 1508.8] and the NHPA [16 USC 470 et seq.], to consider the effects of a project on historic and cultural resources. Specifically, 40 CFR § 1508.27(b)(8) states that agencies must take into account “the degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places (NRHP or National Register) or may cause loss or destruction of significant scientific, cultural, or historical resources.” The NEPA term “cultural resources” includes all resources included within the Section 106 definition of “historic properties,” (see below) as well as additional resources such as sacred sites, archaeological sites not eligible for the NRHP, and archaeological collections.1 Historic Properties: Section 106 of the NHPA (16 USC 470f) regulations define the term “historic property” as “any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the NRHP. This term includes artifacts, records, and material remains that are related to and located within such properties. The term includes properties of religious and cultural importance to an Indian Tribe or Native Hawaiian organization and that meet the National Register criteria.” [36 CFR n§ 800.16(l)(1)] Native American/Tribal Properties: Section 101 of the NHPA states, “Properties of religious and cultural significance to Indian Tribes may be determined to be eligible for inclusion on the National Register” [16 U.S.C. 470a(d)(6(A)] 1 CEQ and ACHP: NEPA and NHPA: A Handbook for Integrating NEPA and Section 106, 2013 p. 4. P a g e | 1 last update: 10/3/2015 Version Final Cultural Resources and Historic Properties Effects Assessment Methodology 1.3 RELATED RESOURCES The effects assessment from certain other resources evaluated as part of the Tier 1 EIS will contribute to the assessment of effects on cultural resources and historic properties. These related resources are identified in Table 1. Note that the effects assessments for those related resources will be documented within their respective Tier 1 EIS sections. Table 1: Related Resource Inputs to Cultural Resources and Historic Properties Assessment Resource Input to Cultural Resources and Historic Properties Assessment Visual & Aesthetic Effects assessment on visual and aesthetic quality and resources in relation to the NRHP listed resources Noise & Vibration Effects assessment and identification of areas where noise and vibration thresholds are exceeded in relation to the NRHP listed resources Source: NEC FUTURE JV Team, 2013 Effects documented for Cultural Resources and Historic Properties will also be considered in the assessment of Section 4(f) resources. 1.4 AGENCY AND REGULATORY FRAMEWORK Cultural resources and historic properties are subject to regulation by the Advisory Council on Historic Preservation (ACHP) and the National Park Service (NPS) under the provisions of the NHPA. Federally recognized Indian tribes (represented either by tribal representatives or Tribal Historic Preservation Officers (THPOs) have jurisdiction over cultural resources on Indian reservations and dependent Indian communities, and under NHPA, require consultation with federal agencies for projects off tribal lands that may be located on their ancestral homelands. In considering project impacts, federal agencies are required to consult with the appropriate State Historic Preservation Officer (SHPO) and provide the ACHP an opportunity to comment on the undertaking. In the evaluation of cultural resources and historic properties for NEC FUTURE, the FRA will consider legislation and regulations, listed in Table 2, consistent with a Tier 1 level of assessment. P a g e | 2 last update: 10/3/2015 Version Final Cultural Resources and Historic Properties Effects Assessment Methodology Table 2: Management and Regulation of Cultural Resources and Historic Properties* Federal & State Agencies Regulatory Oversight Description of Regulation Regulated Resource Advisory Council National Historic Preservation NHPA established ACHP Cultural resources, on Historic Act of 1966 (NHPA) as the policy advisor and historic properties, Preservation organization that tribal areas handles dispute resolution National Park National Historic Preservation NHPA established National Register Service Act of 1966 nominations and listings Sites, National process for the National Historic Landmarks Register of Historic Places U.S Department Section 4(f) of the Department Section 4(f0 established Historic properties of of Transportation Act of 1966 categories of resources Transportation to be protected from use for transportation projects. DC The Historic Landmark and State regulation and Cultural resources, Historic District Protection Act protection of resources historic properties, of 1978, D.C. Law 2-144 tribal areas Maryland The Maryland Historical Trust State regulation and Cultural resources, Act of 1985, as amended, protection of resources historic properties, State Finance and tribal areas Procurement Article §§ 5A- 325 and 5A-326 of the Annotated Code of Maryland Delaware Delaware Code Title 7, Title State regulation and Cultural resources, 23, and Title 29 as amended protection of resources historic properties, tribal areas Pennsylvania Pennsylvania Title 37 – The State regulation and Cultural resources, Pennsylvania History Code protection of resources historic properties, tribal areas New Jersey New Jersey Register of State regulation and Cultural resources, Historic Places Act of 1970 protection of resources historic properties, tribal areas New York Article 20, New York State State regulation and Cultural resources, Cultural Resources Act protection of resources historic properties, (NYSCRA) tribal areas New York New York State Historic State regulation and Cultural resources, Preservation