# Presentation: 119285

## 
National Historic Preservation Act (NHPA) 
and Cultural Resources: 
Making it work on the ground.

Panel Discussion – J. Eric Scherer, State Resource Conservationist

National Environmental Policy Meeting
Sacramento, CA  
Tuesday, June 14, 2005

**National Historic Preservation Act (NHPA) **
**and Cultural Resources: **
***Making it work on the ground*****.**
- Panel Discussion – J. Eric Scherer, State Resource Conservationist
- National Environmental Policy Meeting
- Sacramento, CA
- Tuesday, June 14, 2005

## What are we trying to do?

-   “There are at least ten U.S. laws, executive orders, and regulations other then the NHPA that deal with cultural resources of several kinds” - *Federal Planning and Historic Places: The Section 106 Process pg 12*.

## “American Indians often retain deep emotional ties to their ancestral lands that were ceded by treaty or lost in war.  In these ancestral places lie the graves of their ancestors and other significant sites that the tribes are seeking to protect” – Patricia Parker “Keepers of the Treasures”

## Why are we concerned and what concerns us?

- “Cultural resources are the traces of all the past activities and accomplishments of people.  They include tangible traces such as historic districts, sites, buildings, structures; traces of less tangible objects such as dance forms, aspects of folk-life, cultural or religious practices; historical documents; and some landscapes, vistas, and cemeteries.”  - *CULTURAL RESOURCES NE-CPA-52 HELP SHEET*

## A Brief Look At Rhode Island Cultural Resources Issues

-    Hundreds of archaeological sites, dating as early as 8,000-10,000 years ago, are located throughout Rhode Island and under the waters of Narragansett Bay and the state's rivers. The location, study, and protection of these sites is an important component of Rhode Island's historic preservation program. *- RI SHPO*

## Coastal Resources

-     Rhode Island has more shipwrecks per square mile than any other state. Over 2,000 wrecks, including colonial trading ships, ships of war, and luxury passenger vessels from the 19th century, can be found in state waters. (*Shipwreck at Agassiz Cove, Newport, c. 1885)*

**Notes:**
We are dealing with many projects that are on or adjacent to the coastal resource and involve both terrestrial and underwater sites – example the Mussachuck Creek WHIP project for salt marsh restoration involving a historic brickyard on the list of eligible places that has one of the only two remaining lock canals with wooden locks.

## Historic Cemeteries

-     Cemeteries are among Rhode Island's most unique and most overlooked historic resources. Rhode Island contains at least 2833 historic cemeteries, from small family burial grounds to landscaped garden cemeteries.  Rhode Island has the highest number of historic, private cemeteries per square mile of any state. *Sarah Gardiner grave, Platform Cemetery, **North Kingstown (Photo: Michael Bell**)*

## Casey Farm – North Kingstown, RI

**Notes:**
These are the type of historical properties we are dealing with.

This historical farm is permanently protected and owned and operated by the Society for the Preservation of New England Antiquities.  

## Watson Farm – Jamestown, Rhode Island

**Notes:**
This working beef and sheep farm is protected by a permanent easement and has a very active EQIP contract.  NRCS is providing CR technical assistance to this property for watering facilities, fencing, hedgerows and livestock exclusion – five highly sensitive pre-contact and post contact sites have been identified in the APE and are being addressed in the planning and design stages.

## Historical Cemetery – Beaverhead Farm, Jamestown 

**Notes:**
This site is protected with an easement and is participating with NRCS in EQIP and AMA programs – this historical cemetery contains the graves of relatives of Benedict Arnold – the farm dates back to the early 1700s.

## What NRCS Rhode Island is doing:

- NRCS will identify and protect cultural resources **early in the planning and environmental evaluation processes** of all assistance activities classified as an undertaking.
- NRCS will **protect cultural resources in their** **original location** to the fullest extent practicable by avoiding adverse impacts.
- NRCS will consider cultural resources that may be significant for reasons in addition to or apart from authorities such as section 106 of the NHPA. When such resources (e.g. **traditional cultural properties (TCP), traditional cultural values, landscape, or features having religious importance)** may be impacted, NRCS will consult with concerned parties to determine what practices or treatments, if any, are acceptable to the concerned parties and will document the outcome of such consultation according to the statutes and authorities under which they are considered.
- – *Part 401.20 – General Policy, Subpart C Policy, Part 401 – Cultural Resources (Archeological and Historic Properties*

## Where We Are in Rhode Island with CR:

- Since 1996 most of NRCS Rhode Island’s focus on Cultural Resources has been on USDA Farm Bill programs such as EQIP and WHIP.
- In the past several years our focus has begun to include the easement programs like FRPP, WRP and now GRP.

## Farm and Ranch land Protection Program

- “Eligible land is privately owned land on a farm or ranch that contains prime, unique, Statewide, or locally important soil, or contains historical or archaeological resources
-  “Note: For farms accepted into the program based solely on containing historical and archaeological resources, the conservation easement should address the protection of the archaeological or historical resource, in order to be eligible for FRPP funding.”
- -NRCS Policy, 440-V-CPM, Part 519, FRPP - 519.32 Land Eligibility (A) Description

## Grassland Reserve Program

-  “Grasslands provide both ecological and economic benefits to local residents and society in general.  Grassland importance lies not only in the immense area covered, but also in the diversity of benefits they produce.  These lands provide water for urban and rural uses, livestock products, flood protection, wildlife habitat, and carbon sequestration. These lands also provide aesthetic value in the form of open space and are vital links in the enhancement of rural social stability and economic vigor, as well as being part of the Nation’s history.
- Therefore, the overall program emphasis will be on preserving native and natural species.”
- - 7 CFR Part 1415

**Notes:**
We are looking at these new properties with an eye on both pre contact and post contact CR issues and will be looking at conducting an oral history of the farm since this type of information is not typically found archived in more formal settings.

## Walker Farm – WRP Saltmarsh Restoration Project

**Walker Farm – WRP Saltmarsh Restoration Project**

**Notes:**
Looking at WRP where we are doing saltmarsh restoration of former agric land a need to ‘research the farming history of the site relative to its program eligibility and also relative to prehistoric uses and other historic uses

## Gorham Farm - GRP

**Notes:**
We have the second GRP contract on the East Coast being closed this month and during the site review, the landowner was able to provide some annadotal information on the farm’s background which appeared to reach back over 250 years.

## Historical Use of landforms

**Notes:**
Part of the reason to have this historical record is to document the use of wetland pastures used on the farm over the past centuries when the original farm was a much larger operation.