Definitions Related to State Historic Preservation Office | Wisconsin Historical Society

General Information

SHPO Project Review Glossary

Area of Potential Effect (APE)
Adverse Effect
Advisory Council
Consultation
Local Landmark
Memorandum of Agreement
National Historic Preservation Act (NHPA)
Section 106 of NHPA
State Historic Preservation Office
Undertaking

Area of Potential Effect
First, for ground disturbing projects that will not permanently alter the ultimate or final visual appearance of the project area, consideration must be given to known and unknown archeological sites that may lie under the surface of the ground and that may be affected, if not adversely affected, by the proposed undertaking. In this case, the logical APE would describe the footprint of all of the area proposed for ground disturbance.

Second, for projects that may permanently alter the final or ultimate visual appearance of the project area, a different APE may be necessary to speak to the effects, or adverse effects, to historic properties. For example, if the project involves renovation of an historic building or other structure, then the APE is the building or structure itself, and this will include both interior and exterior elements of the building. If the project involves altering the appearance of the landscape, then the APE must be defined as that area within which permanent alterations may affect the use, character, setting or physical appearance of an historic property.

Finally, please note that you may have more than one APE, and more than one type of APE, for any given project, as described above.

Adverse Effect
If a project may alter characteristics that qualify a specific property for inclusion in the National Register in a manner that would diminish the historic integrity of the property, that project is considered to have an adverse effect. Historic integrity is the ability of a property to convey its significance, based on its location, design, setting, materials, workmanship, feeling, and association.

An adverse effect may be direct or indirect and may include (but may not be limited to) any of the following:

1) Physical destruction or damage
2) Alteration inconsistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties
3) Relocation of the property
4) Change in the character of the property’s use or setting
5) Introduction of incompatible visual, atmospheric, or audible elements
6) Neglect and deterioration
7) Transfer, lease, or sale of a historic property out of federal control without adequate preservation restrictions

Advisory Council
The Advisory Council, formally called the Advisory Council on Historic Preservation, is the federal Agency responsible for promulgating regulations to implement the provisions of Section 106 of the National Historic Preservation Act. The Advisory Council acts as the oversight agency for all federal agency projects that have the potential to affect historic properties. If such a project may adversely affect an historic property, the Advisory Council shall review all project-related information and may participate in any negotiation and agreement entered into to address the adverse effect.

Consultation
Consultation is defined in the regulations as "the process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding matters arising in the Section 106 process" (36 CFR 800.16).

It is the lead agency's responsibility under Section 106 to enter into a dialog with certain groups of people regarding an undertaking. These groups are most often, though not exclusively, the State Historic Preservation Office and/or the Tribal Historic Preservation Office, any Native American tribes that have an interest in the region where the project is located, members of local government, any interested groups or societies, and members of the public. The nature and frequency of consultation depends on the scope and size of the undertaking and if there are any other applicable laws. The lead agency may use their discretion with sensitive information, but generally, they are expected to share information regarding the project with anyone who is interested and to work with their consulting parties to either avoid, minimize, or mitigate the effects of the project on any culturally significant properties in the project area.

Local Landmark
A local landmark is a property that has been determined historically significant pursuant to criteria established in a local historic preservation ordinance. Local landmarks are formally identified. Projects that affect local landmarks may be reviewed by local preservation commissions, in accordance with their local historic preservation ordinance. Local landmarks may or may not be eligible for listing in the State Register or National Register of Historic Places. The SHPO has no review authority over local landmarks, unless those landmarks meet criteria established under state or federal law requiring federal or state agencies or local units of government to consider the affects of their projects on those properties.

Memorandum of Agreement
A Memorandum of Agreement (MOA) is a document that records the terms and conditions agreed upon by invited signatories to resolve the adverse effects of an undertaking upon historic properties. Groups involved in the creation of an MOA include the lead agency, the State Historic Preservation Office/Tribal Historic Preservation Office, the Advisory Council for Historic Preservation, and other relevant consulting parties. These agreement documents should be written by qualified individuals, with guidance from the lead agency and the SHPO/THPO. Once all of the invited signatories have signed the document, the MOA is considered fully executed and the lead agency submits a copy to the Advisory Council for comment and filing. It is the duty of the agency official to make sure that the undertaking and mitigation efforts are carried out in accordance with the MOA, and reports on its implementation to the signatories.

National Historic Preservation Act (NHPA)
The National Historic Preservation Act (NHPA) is a provision of federal law that was passed in 1966, and has been amended a number of times over the years, most recently in 2006. The Act recognized that historic preservation is a national concern for all citizens and that federal agencies carrying out their official missions may affect historic properties and historic preservation. In the words of the Act, the Federal Government's role would be to "provide leadership" for preservation, "contribute to" and "give maximum encouragement" to preservation, and "foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony."

Section 106 of NHPA
Section 106 refers to Section 106 of the National Historic Preservation Act (NHPA), comprised of one paragraph that requires federal agencies to “take into account the effects of their undertakings on properties that are eligible for or listed on the National Register of Historic Places.”

The formal, detailed Section 106-regulatory/review process is established in the Advisory Council on Historic Preservation’s regulations found at 36 Code of Federal Regulations (CFR) Part 800.

This federal law and federal regulation together make up what is referred to as the Section 106 process.

State Historic Preservation Office
The State Historic Preservation Officer, or SHPO, is the official appointed or designated pursuant to section 101(b)(1) of the National Historic Preservation Act.

The SHPO administers the National Historic Preservation program at the State level, reviews State Register and National Register of Historic Places nominations, maintains data on historic properties that have been identified but not yet nominated to the registers, and work with state and federal agencies during the relevant federal, state or local unit of government statutory historic preservation law reviews.

Undertaking
An undertaking is any activity or action that has the potential to affect a historic property that is either listed or eligible for listing on the National Register or State Register of Historic Places. If the project (need more context here, what kind of project?) could alter the elements of a historic property relevant to its historic character, then the project may be an undertaking.

An undertaking also implies that a federal, state or local unit of government is controlling the project through property ownership, funding, in-kind support or assistance, permitting, approval or authorization.

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