RD Instruction 1901-F

## TITLE 7 - AGRICULTURE

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## CHAPTER XVIII -- RURAL DEVELOPMENT, DEPARTMENT OF AGRICULTURE

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## SUBCHAPTER H - GENERAL

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## PART 1901 - PROGRAM RELATED INSTRUCTIONS 

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## SUBPART F - PROCEDURES FOR THE PROTECTION OF HISTORICAL AND

## 

## ARCHAEOLOGICAL PROPERTIES

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## TABLE OF CONTENTS

[Sec]{.underline}. [Page]{.underline}

1901.251 Purpose. 1

1901.252 Policy. 1

1901.253 Definitions. 1

1901.254 Scope. 3

\(a\) Undertakings requiring a historical and

archaeological assessment. 3

\(b\) Undertakings presumed not to require a historical

and archaeological assessment. 4

1901.255 Historical and archaeological assessments. 5

1901.256 -1901.258 \[Reserved\]. 8

1901.259 Actions to be taken when archaeological properties

are discovered during construction. 8

1901.260 Coordination with other Agencies. 8

1901.261 \[Reserved\] 9

1901.262 State supplement 9

1901.263 - 1901.300 \[Reserved\] 9

Exhibit A: National Park Service, U.S. Department of the Interior,

Regional Offices

(12-7-77) PN 599

RD Instruction 1901-F

## PART 1901- PROGRAM RELATED INSTRUCTIONS

## 

## SUBPART F - PROCEDURES FOR THE PROTECTION OF HISTORICAL

## AND ARCHAEOLOGICAL PROPERTIES

§1901.251 [Purpose]{.underline}.

This Subpart prescribes Rural Development policies, procedures, and
guidelines for compliance with Section 106 of the National Historic
Preservation Act of 1966 (Public Law 89-665), the Reservoir Salvage Act
of 1960 (Public Law 86-523), as amended May 24, 1974, by the Archeologic
and Historic Preservation Act (Public Law 93-291), and Section 1(3) of
Executive Order 11593. This subpart is inapplicable to Farm Service
Agency, Farm Loan Programs. (Revised 01-09-08, PN 417.)

§1901.252 [Policy]{.underline}.

\(a\) The Rural Development recognizes that significant scientific,
prehistorical, historical and archaeological (HA) resources are an
important part of our National Heritage.

\(b\) The Rural Development will consult with appropriate Federal,
State, and local Agencies; other organizations; the State Historic
Preservation Officer (SHPO) and individuals to assess the impact of any
proposed Rural Development undertaking on properties having historical
or archaeological significance in order to avoid or mitigate any adverse
effects on the properties.

\(c\) The procedures in this Subpart have been developed in accordance
with Section 1(3) of Executive Order 11593.

§1901.253 [Definitions]{.underline}.

\(a\) \"Undertaking\" means any new or continuing projects or program
activities supported in whole or in part through Rural Development
contracts, grants, subsidies, loans, or other forms of funding
assistance. This does not include any actual construction by Rural
Development.

\(b\) \"National Register\" means the National Register of Historic
Places, which is a register of districts, sites, buildings, structures,
and objects, significant in American history, architecture, archeology,
and culture maintained by the Secretary of the Interior under the
authority of Section 2(b) of the Historic Sites Act of 1935 and

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DISTRIBUTION: WSL General

Program-Related

Instructions

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RD Instruction 1901-F

§1901.253 (b) (Con.)

Section 101(a)(1) of the National Historic Preservation Act. The
National Register is published in its entirety in the Federal Register
each year in February. Addenda are published on the first Tuesday of
each month.

\(c\) \"National Register Property\" means a district, site, building,
structure, or object included in the National Register.

\(d\) \"Property eligible for inclusion in the National Register\" means
any district, site, building, structure, or object which the Secretary
of the Interior determines is likely to meet the National Register
criteria.

\(e\) \"State Historic Preservation Officer\" (SHPO) means the official
within each State, designated by the Governor at the request of the
Secretary of the Interior, to administer the National Register and
historic preservation grants program and to coordinate preservation
planning within the State.

\(f\) \"Criteria of effect\" means when any condition of an undertaking
causes or may cause any change, beneficial or adverse, in the
scientific, historical, architectural, archaeological, or cultural
character of a National Register property that qualifies the property
under the National Register criteria.

\(g\) \"Historical and archaeological assessment\" means a determination
by the Rural Development State Director using the criteria of effect as
a guide, as to whether a proposed undertaking may have an effect upon
any properties located within the project area which are included or
eligible for inclusion in the National Register.

\(h\) \"National Register criteria\" means the following criteria
established by the Secretary of the Interior for use in evaluating and
determining the eligibility of properties for listing in the National
Register: The quality of significance in American History, Architecture,
Archeology, and the culture is present in districts, sites, buildings,
structures, and objects of State and local importance that possess
integrity of location, design, setting, materials, workmanship, feeling,
and association; and

\(1\) That are associated with events that have made a significant
contribution to the broad patterns of our history; or

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§1901.253 (h) (Con.) RD Instruction 1901-F

\(2\) That are associated with the lives of persons significant in our
Past; or

\(3\) That embody the distinctive characteristics of a type, period, or
method of construction, or that represent the work of a master, or that
possess high artistic values, or that represent a significant and
distinguishable entity whose components may lack individual distinction;
or

\(4\) That have yielded, or may be likely to yield, information
important in prehistory or history.

\(i\) \"Rural Development official\" means the Rural Development County
Supervisor, the Rural Development State Director or his designated
representative.

\(j\) \"Project area\" means those geographical or legally defined areas
directly under or to be under the applicants control that are effected
by the undertaking such as building sites, easements, rights-of-way,
leasehold interests and those areas which are directly and significantly
impacted by the undertaking.

\(k\) \"Advisory council\" means the Advisory Council on Historic
Preservation, Suite 430, 1522 K Street, NW, Washington, DC, 20005,
created by Title II of Public Law 89-665 and charged with the
responsibility of advising the President, Congress, and others on
matters relating to historic preservation.

\(l\) \"HA\" as used in this regulation is an abbreviation of the term
\"scientific, prehistorical, historical, and archaeological\".

§1901.254 [Scope]{.underline}.

Rural Development will evaluate all undertakings for possible HA
significance. This Subpart covers the following types of undertakings:

\(a\) [Undertakings requiring a historical and archaeological
assessment]{.underline}. Although the following undertakings are
presumed to involve nonfederally owned lands, they may have an effect on
properties having HA significance and, therefore, will require a
historical and archaeological assessment:

\(1\) Loans and grants for the development of business and industry
including guaranteed loans.

\(2\) Loans and grants for multiple family housing projects of 25 or
more dwelling units.

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RD Instruction 1901-F

§1901.254 (a) (Con.)

\(3\) Subdivision plans submitted for approval having 25 or more
building sites.

\(4\) Loans and grants in rural areas to construct, enlarge, extend, or
otherwise improve:

\(i\) Community water, sanitary sewage, solid waste disposal, and storm
waste water disposal systems.

\(ii\) Other essential community facilities such as fire and rescue,
health, safety, public buildings, schools, transportation, traffic, and
law enforcement.

\(5\) Loans to develop community irrigation, drainage, and other soil
and water conservation and use facilities.

\(6\) Loans to acquire and develop grazing land for livestock of an
association of members.

\(7\) Loans in areas designated by the Soil Conservation Service (SCS),
U.S. Department of Agriculture (USDA), to conserve and develop natural
resources and to contribute to economic improvement of the area.

\(8\) Loans to protect and develop land and water resources in small
watersheds.

\(9\) Loans to permit Indian tribes to buy land within their
reservations.

\(b\) *Undertakings presumed not to require a historical and
archaeological assessment*. The following undertakings are generally
presumed to involve nonfederally owned lands and not to have an effect
on properties of historical and archaeological value and will therefore
not usually require a historical and archaeological assessment. However,
when the State Director or County Supervisor finds or has had
communication or obtains information from a recognized historical and
archaeological authority that a specific undertaking may have an effect
on a property included or eligible for inclusion in the National
Register, a historical and archaeological assessment will be made.

\(1\) Loans to farmers and ranchers in rural areas for the purchase,
development, and operation of farms and ranches.

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§1901.254 (b) (Cont.) RD Instruction 1901-F

\(2\) Loans to individual families in rural areas for the purchase,
construction, or improvement of single family residences.

\(3\) Loans and grants for multiple family housing projects of not more
than 24 family dwelling units.

\(4\) Subdivision plans submitted for approval having 24 or less
building sites.

\(5\) Loans to farmers, ranchers, and other rural residents to develop
land, water, and other related resources for increased production of
food and other crops, improved pastures, feed crops, water facilities
for livestock, and improved habitats for fish and wildlife.

\(6\) Emergency and disaster loans to farmers, ranchers and other rural
residents in declared or designated areas as a result of a major or
national disaster.

§1901.255 [Historical and archaeological assessments]{.underline}.

\(a\) The Rural Development official, normally the Rural Development
County Supervisor, who receives a preapplication or application for loan
or grant assistance on an undertaking that may have an effect on HA
properties will, as part of the process, take the following actions:

\(1\) Carefully review the State supplements issued by the State
Director pursuant to §1901.262 (a) to determine whether there are any
properties within the project area that appear in the National Register.

\(2\) Document the following:

\(i\) A brief narrative report of the findings and conclusions of an
on-site reconnaissance of the project area.

\(ii\) Any \"in-house\" knowledge of known or suspected HA sites in the
project area.

\(3\) Submit the information outlined in paragraph (a) (2) of this
section to the Rural Development State Director as part of the
preapplication or application.

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RD Instruction 1901-F

§1901.255 (Con.)

\(b\) Upon receipt of the preapplication/application, the Rural
Development State Director will, as a concurrent part of the
preapplication/application review, prepare a historical and
archaeological assessment of the undertaking. In making the assessment
the State Director will consider information from the following sources:

\(1\) State and Regional Clearinghouse comments.

\(2\) Information submitted by the County Supervisor pursuant to
paragraph (a) (2) of this section.

\(3\) Factual comments or recommendations of the SHPO or other
responsible Federal, State, or local officials.

\(4\) Any other reliable information concerning properties in the
project area having HA significance.

\(c\) Upon completion of the preapplication or application review, the
State Director will take the following actions:

\(1\) When his assessment indicates that no properties of HA
significance will be effected by the proposed undertaking, he will
proceed with processing of the preapplication or application.

\(2\) When his assessment indicates that there are properties included
in the National Register that may be effected by the proposed
undertaking, he will in consultation with the SHPO, the applicant and
its representatives, and other appropriate historical and archaeological
authorities plan appropriate measures to avoid or mitigate any adverse
effects. He will also notify the Advisory Council and Secretary of the
Interior of the proposed undertaking, and of its possible effect on the
National Register properties and provide them with a copy of the
proposed plan in order to afford them a reasonable opportunity for
comment. Comments that are received within 45 calendar days of
notification in accordance with the requirements for comment as outlined
in Section 106 of the National Historic Preservation Act of 1966, will
be considered in further development of the undertaking.

\(3\) When his assessment indicates that there are properties that may
be eligible for inclusion in the National Register, based on his
application of the National Register criteria, he will request the
Regional Director of the National Park Service, U.S. Department of the
Interior, Attention: Interagency Archaeological Services, in writing, to
cause a survey of the project area to be made to determine the
significance of the properties in accordance with Section 3(b) of Public
Law 93-291. The State Director\'s letter to the Regional Director should
request

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§1901.255 (c) (3) (Con.) RD Instruction 1901-F

a response within 45 calendar days as to whether the National Park
Service intends to cause a survey to be made, declines to undertake a
survey, or that a survey is not warranted based on available data. The
addresses of the Regional Offices of the National Park Service are
listed in Exhibit A of this Subpart. If no response is received within
the 45-day period, the State Director will proceed as outlined in
paragraph (c) (7) of this section.

\(4\) The State Director will cooperate fully with the National Park
Service in the conduct of a survey should one be undertaken to assure
that:

\(i\) The professional archaeologist/historian conducting the survey
provides his written opinion as to the eligibility of any identified
properties for inclusion in the National Register.

\(ii\) When the professional archaeologist/historian recommends
recovery, protection, or preservation of identified properties, the
National Park Service is requested to undertake this project.

\(5\) When the survey made in paragraph (c) (3) of this section does not
identify any historical and archaeological properties that may be
eligible for inclusion in the National Register, or the National Park
Service is not going to undertake activity pursuant to paragraph (c) (4)
(ii) of this section, the State Director, after consultation with the
SHPO and the National Park Service, will document the findings and
proceed with processing of the application.

\(6\) When the survey identifies properties that may be eligible for
inclusion in the National Register, the State Director will request the
SHPO to proceed with the nomination of such properties. The State
Director will then proceed as outlined in paragraph (c) (2) of this
section for any properties accepted for inclusion in the National
Register.

\(7\) When the National Park Service declines to cause a survey to be
made or determines that one is not warranted, the State Director will
document such facts and proceed with processing of the application.

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RD Instruction 1901-F

§§1901.256-1901.258 \[Reserved\].

§1901.259 [Actions to be taken when archaeological properties are
discovered during construction]{.underline}.

\(a\) When properties of significant HA value are discovered during
construction, the State Director will immediately consult with the
applicant, the SHPO and the Regional Director of the National Park
Service to determine whether there is sufficient factual evidence to
warrant a decision to stop construction and undertake detailed survey
and recovery.

\(b\) When the consultations in paragraph (a) of this section result in
a determination by the National Park Service to request the applicant to
stop construction, such stop action should be taken so that the Park
Service can initiate measures for immediate recovery within 60 days
after notification of a discovery.

\(c\) When the consultations in paragraph (a) of this section do not
result in a determination by the National Park Service to stop
construction and to undertake a survey and recovery, construction should
be permitted to proceed with caution. In the event that the National
Park Service determines that recovery is necessary, the Rural
Development applicant/ borrower and the Park Service should determine
that the consent of all persons, associations, or public entities having
legal interest in the property involved has been secured. Also, the
applicant should be informed that the Secretary of the Interior is
authorized to compensate any person, association, or public entity
damaged as a result of delay in construction or as a result of the
temporary loss of the use of public or any nonfederally owned lands.

\(d\) No survey or recovery work will be required which in the
determination of the State Director would seriously impede Rural
Development actions in providing assistance where the State Director
determines that immediate action is required to avoid loss or damage of
life or property. Nevertheless, appropriate measures will be taken to
the extent practical to preserve, protect, or mitigate any damage to
properties having HA significance.

§1901.260 [Coordination with other Agencies]{.underline}.

\(a\) When other Agencies are directly involved in any undertaking that
requires a historical and archaeological assessment, the State Director
will contact the Agencies concerned to determine if a

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RD Instruction 1901-F

§1901.260 (a) (Con.)

joint assessment will be prepared and whether a single lead Agency will
assume primary responsibility for preparing the assessment.

\(b\) When a lead Agency is agreed upon other than Rural Development,
Rural Development will provide that Agency with information about its
respective areas of responsibility. Assessments will indicate Agency
participation and concurrence.

\(c\) When Rural Development program activities are planned that
primarily supplement those of the SCS, USDA, such as watershed projects,
resource conservation and development measures, and irrigation and
drainage projects, the SCS will be designated as the lead Agency.

§1901.261 \[Reserved\].

§1901.262 [State supplement]{.underline}.

\(a\) The State Director shall be responsible for preparing a list of
all properties included in the National Register in his area of
jurisdiction and issuing such list as a part of a State supplement. Such
a list will be updated as needed to reflect changes in the National
Register.

\(b\) State Directors may also supplement this Subpart and its Exhibit
as appropriate to meet State and local laws and regulations.

§§1901.263-1901.300 \[Reserved\].

Attachments: Exhibit A

## oOo

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RD Instruction 1901-F

Exhibit A

## National Park Service

## U.S. Department of the Interior Regional Offices

Contact should be made to:

Chief, Interagency Archaeological Services Division

Office of Archaeological and Historic Preservation

National Park Service

The three Regional Offices are:

[San Francisco Office]{.underline} [States Covered]{.underline}

Old Post Office Building Arizona, Utah, Idaho and

Mission and 7th Streets West, including Hawaii

Post Office Box 5700 and Alaska

San Francisco, CA 94104

Attention: Mr. Garland Gordon

Telephone: 415-556-7711

[Denver Office]{.underline} [States Covered]{.underline}

1978 South Garrison Street Wisconsin, Iowa, Missouri,

Denver, CO 80225 Oklahoma, Texas and West

to San Francisco area

Attention: Mr. Jack R. Rudy

Telephone: 303-234-2560

[Atlanta Office]{.underline} [States Covered]{.underline}

730 Peachtree Street All others East of Denver

Atlanta, GA 30308 area

Attention: Mr. Wilford Husted

Telephone: 404-526-2611

## oOo

(12-7-77) PN 599