Federal and State Compliance

ABOUT FEDERAL AND STATE COMPLIANCE

Federal and state compliance is required for a number of projects including both projects on state and federal lands as well as those that draw federal and state funds. Dating back to 1906 with the American Antiquities Act, the federal government has been invested in the preservation of historic properties, monuments, sites, and landmarks. This national stewardship was legally codified in 1966 with the National Historic Preservation Act. As part of the NHPA, Section 106 is codified in 36 CFR 800 and provides for the protection of Historic Properties.  Section 106 requires federal agencies to consider the effects of undertakings on historic properties and consult with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) as appropriate to help identify the Area of Potential Effect and the level of effort necessary to comply. Additionally, the National Environmental Policy Act of 1969 (NEPA) is codified in 40 CFR Parts 1500-1508. This act directs agencies to consider the environmental issues and impacts of undertakings.

In addition to federal regulations there may be state regulations to which projects must adhere.

The Process

The general process begins with an effort to secure funding and/or permits. The permitting process requires that Tribal consultations must be sought, held, and documented. These consultations and agreements between involved parties provide project parameters, expectations, and protocols. This may include survey, monitoring, and education. Upon completion, a project plan is generated and supplied to the client and to the relevant agencies for a 60-day review period, pending approval. After approval, the project may progress as detailed in the mutually agreed upon, approved plan.

1.
PERMITS OR FUNDING
2.
TRIBAL CONSULTATION AND AGREEMENTS
3.
SURVEY OR MONITORING
4.
RECEIVE PROJECT PLAN

Who Needs This?

Projects located on state and federal lands including state parks and national forests, as well as those that involve funding from several governmental agencies including the EPA, USDA, HUD, and other agencies.

FAQ

Each agency varies in process and time. Luckily, Plateau can notify our clients of specific timelines pertaining to their project!

Federal Laws:

The National Historic Preservation Act (NHPA) was passed in 1966 and Section 106 is codified in 36 CFR 800 (Protection of Historic Properties). This act requires federal agencies to consider the effects of undertakings on historic properties and consult with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) as appropriate to help identify the area of potential effect (APE) and the level of effort necessary to comply. This is intended to be done prior to the expenditure of funds or issuance of a license or permit, although it is recognized that some properties may not be identified, recognized, or discovered until the project begins.

The National Environmental Policy Act of 1969 (NEPA) is codified in 40 CFR Parts 1500-1508. This act directs agencies to consider the environmental issues and impacts of undertakings. Under NEPA one of the issues to consider is historic properties.

The Native American Graves Protection and Repatriation Act (NAGPRA) provides relevant guidelines for the treatment of specific materials. NAGPRA regulates excavation of burials and related artifacts on federal and Tribal land, and the curation of burials, Native American ancestral remains and related artifacts that have been recovered during federal projects. In the event of a qualifying discovery, Section 3 of NAGPRA requires notification of the lead federal agency and affected tribes and mandates a minimum 30 day hold on earth moving activities.

State Laws:

Washington State:

Executive Order 21-02 requires documentation of Tribal Consultation. Chapter 27.53 of the Revised Code of Washington (RCW) requires that a permit be acquired through the Washington State Department of Archaeology and Historic Preservation (DAHP) prior to the intentional disturbance, excavation, removal, or alteration of any known historic or archaeological resource through any means. Chapter 68.50 of the Regulatory Code of Washington describes the investigations, treatment, scientific study, and final disposition of human remains.

Oregon State:

Chapter 358.905 – 358.961 defines archaeological sites and objects and requires that a permit be acquired prior to the intentional disturbance, excavation, removal, or alteration of any known historic or archaeological resource through any means on private or public property.

Idaho State:

Idaho Code, Chapter 41, 67-4114, was enacted to identify, preserve, and protect historical sites, monuments, and points of interest, for the better appreciation of the historical heritage.

Idaho Code, Chapter 41, 67-4119, states that archaeological and vertebrate paleontological excavations within lands owned by the State of Idaho, in accordance with the provisions of Chapter 181, Idaho Session Laws, 1963, require an archaeological excavation permit.

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