Forsyth Library Renovation Page 1 of 4

January 17, 2024

MEMORANDUM FOR THE RECORD

From: Mark Liau 

NEPA Coordinator

Subject: Categorical Exclusion

Project Title: Forsyth Library Renovation

Location: Fort Hays State University 

600 Park Street

Hays, Kansas 67601

The National Environmental Policy Act (NEPA) and associated implementing regulations (40 

CFR Parts 1500-1508) require that all major actions by federal agencies be reviewed with respect 

to the environmental consequences on the human environment. The National Institute of 

Standards and Technology (NIST) has selected the Forsyth Library Renovation at Fort Hays 

State University for a federal funding grant. Consequently, NEPA and the associated 

implementing regulations apply to this project.

 

This memorandum summarizes the determination that the Forsyth Library Renovation at Fort 

Hays State University has been found to be categorically excluded from further environmental 

review under NEPA.

Description of the Action

Constructed in 1967, the Forsyth Library is a three level, 105,000 square foot facility. This 

project calls for a complete interior renovation of the library building. The renovations include 

new electrical, plumbing, HVAC systems, as well as new interior partitions, finishes and 

furnishings. Renovations will be focused on the interior of the building; no work will be 

conducted on surrounding grounds of the building. Replacement of windows at the Forsyth 

Library will result is some modification of the building façade.
Forsyth Library Renovation Page 2 of 4

The goal of this project is to transform the library from a typical mid-century academic library 

into a learning common which will attract more students to services offered by the library and 

provide space for student study and learning, both for individuals and groups.

This project will be accomplished in accordance with all applicable state and federal 

environmental and safety regulations. All applicable regulatory permitting will be obtained.

Specific Considerations of this Action and any Extraordinary Circumstances

- Air Emissions, Stormwater, Wastewater, Critical Habitats

Since renovations are primarily to the interior of the building, and no changes in the general 

use of the building are planned, no significant impacts to air, water resources or critical 

habitats are expected.

- Building Staffing/Utilities

Staffing at the Forsyth Library is not expected to increase significantly; however, patronage 

of the library is expected to increase. Water consumption and energy use are not expected to 

increase. New lighting, heating, ventilation and air conditioning systems will be more energy 

efficient than the existing systems, and new plumbing fixtures will conserve water use.

- Greenhouse Gas Emissions

As discussed above, building renovations are expected to improve the energy efficiency of 

the building. Consequently, the greenhouse gas emissions resulting from the heating and 

cooling of the building will be reduced. The Fort Hays Campus currently receives 58% of its 

electricity from university owned wind mills.

- Flooding Potential and Resilience

Since renovations are focused on the interior of the building, there will be no impact to the 

flooding potential or flood resilience of this building. Forsyth Library (and most of the Fort 

Hays State Campus) is located within a Special Flood Hazard Area as defined by the Federal 

Emergency Agency, and designated 100-year flood zone. Since the project is primarily

interior renovation, and the cost of the renovation is less than 50% of the building 

replacement cost, it is considered exempt from the flood plain management requirements of 

Executive Order 11988

- Hazardous Materials

Any hazardous materials (i.e., asbestos, lead based paint, polychlorinated biphenyls) that may 

be disturbed in the building renovations will be handled and disposed in accordance with 

State and Federal regulations. 
Forsyth Library Renovation Page 3 of 4

- Historic/Cultural Significance

NIST has determined that the undertaking of this project will have an adverse effect on the 

Forsyth Library, which is potentially eligible for listing in the National Register of Historic 

Places. The adverse effect is related to the replacement of windows and the related façade 

change planned. The Kansas State Historic Preservation Officer (SHPO) concurred that the 

undertaking will have an adverse effect upon a historic resource (Fort Hays Library). NIST, 

the Kansas SHPO, and the Fort Hays State University have agreed that the undertaking shall 

be implemented in accordance with stipulations specified in a memorandum of agreement 

(Attachment A).

- Environmental Justice

This renovation project is not anticipated to have any disproportional adverse human health 

or environmental impacts to overburdened or underserved communities, including minority, 

Tribal, or low-income populations.

Effects of the Action

No significant adverse impacts on the environment are expected from this action. 

Categorical Exclusion

The activities associated with this project fall within the criteria of the following Department of 

Commerce Categorical Exclusion: 

A–1 Minor renovations and additions to buildings, roads, airfields, grounds, equipment, 

and other facilities that do not result in a change in the functional use of the real property 

(e.g. realigning interior spaces of an existing building, adding a small storage shed to an

existing building, retrofitting for energy conservation, or installing a small antenna on an 

already existing antenna tower that does not cause the total height to exceed 200 feet and 

where the FCC would not require an environmental assessment or environmental impact 

statement for the installation). This CE does not apply in instances where the project must 

be submitted to the National Capital Planning Commission (NCPC) for review and 

NCPC determines that it does not have an applicable Categorical Exclusion.

This project is considered a minor renovation of a building that does not change functional use of 

the real property. The project does not require review by the NCPC.
Forsyth Library Renovation Page 4 of 4

The proposed activity: Forsyth Library Renovation at Fort Hays State University is categorically 

excluded from the need for further environmental review under NEPA. Any changes to the 

above project will require additional NEPA review.

_________________________________ ______________________

Mark Liau Date

NIST NEPA Coordinator

_________________________________ ______________________

R.C. Vaughn Date

NIST Chief Facilities Management Officer
Attachment A

MEMORANDUM OF AGREEMENT 

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERSITY, AND, 

THE KANSAS STATE HISTORIC PRESERVATION OFFICER
Page 1 of 9

MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

REGARDING THE FORSYTH LIBRARY RENOVATION PROJECT

LOCATED AT

502, SOUTH CAMPUS DRIVE, HAYS, KANSAS 67601

FEDERAL PROJECT NUMBERS 60NANB23D017 AND

60NANB23D114

WHEREAS the National Institute of Standards and Technology (NIST) intends to provide 

Congressionally mandated funds under the Consolidated Appropriations Act of 2022 [Public Law 

117–103]and the Consolidated Appropriations Act of 2023 [Public Law 117–328] for the Fort 

Hays State University (FHSU) Forsyth Library Renovation Project (undertaking) pursuant to the

36 C.F.R. Part 800, of the regulations implementing Section 106 of the National Historic 

Preservation Act (16 U.S.C. § 470±); and

WHEREAS pursuant to the 36 C.F.R. Part 800, of the regulations implementing Section 

106 of the National Historic Preservation Act (16 U.S.C. § 470±) the undertaking consists of 

renovating the interior and exterior of the existing building located at 502 South Campus Drive, 

Hays, Kansas 67601, in order to continue its present function as a library for the 21st century; and

WHEREAS NIST has defined the undertaking's area of potential effect (APE) as the 

area currently occupied by the building located at 502 South Campus Drive as well as the

adjacent area of plaza to the north; and

WHEREAS the Forsyth Library is an example of mid-century modern collegiate

architecture and exhibits character-defining features of the mid-century modem style, and the

undertaking will remodel the existing limestone clad facades by the insertion of large window 

panels, thereby altering the otherwise closed feeling of the primary elevations; and

WHEREAS NIST has determined that the undertaking will have an adverse effect on the

Forsyth Library, which is potentially eligible for listing in the National Register of Historic Places 

(NRHP) under NRHP criterions A and C, and 

WHEREAS NIST has consulted on 17 November 2023 with the Kansas State Historic 

Preservation Officer (Kansas SHPO) pursuant to 36 C.F.R. Part 800, of the regulations 

implementing Section 106 of the National Historic Preservation Act (16 U.S.C. § 470±); and

WHEREAS, the Kansas SHPO, concurred in a meeting on 20 November 2023 that the 

undertaking will have an adverse effect upon an historic resource (Fort Hays Library) and

WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(l), NIST has on 17 November 2023 

notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination.
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 2 of 9

with specified documentation and the ACHP has chosen not to participate in the consultation

pursuant to 36 CFR § 800.6(a)(l)(iii); and

WHEREAS, NIST has consulted with Fort Hays University regarding the effects of the

undertaking on historic properties and has invited them to sign this MOA as an invited signatory; and

WHEREAS, the Vice President for Administration and Finance be authorized to sign the 

agreement and perform those acts necessary to carry out and perform the terms of the agreement associated 

with the undertaking; and

WHEREAS, Fort Hays University posted on December 15, 2023 a public notice of the undertaking 

on its website on and

WHEREAS, NIST has identified the Kaw Nation of Oklahoma, Kiowa Tribe of Oklahoma, 

Kickapoo Tribe of the Kickapoo Reservation in Kansas, Iowa Tribe of Kansas and Nebraska, Osage Nation 

of Oklahoma, Prairie Band Potawatomi Nation and the Sac & Fox Nation of Missouri in Kansas and 

Nebraska as federally recognized tribes with potential interest in Fort Hays, Kansas and pursuant to 36 

CFR § 800.3, sent a letter on November 17, 2023, inviting each to participate as a consulting party in the 

preparation of this Memorandum of Agreement (MOA); and

WHEREAS, The above noted Tribes did not express any interest to participate in the Section 

106 process for the Project, including the preparation of this MOA; and

NOW, THEREFORE, NIST, the Kansas SHPO, and the Fort Hays State University agree that 

the undertaking shall be implemented in accordance with the following stipulations in order to take 

into account the effect of the undertaking on historic properties.

STIPULATIONS

NIST shall ensure that the following stipulations are implemented:

I. DOCUMENTATION

1. Prior to initiation of demolition and renovation activities, Fort Hays University will contract 

with a 36CFR61 qualified Historian or Architectural Historian (consultant) who will 

complete the recordation report which will include the following:

a. At least ten (10) 8” x 10” photographs of the building. These will
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 3 of 9

be exterior and interior photographs including views of each façade and significant.

architectural details. Photographs should include representative views of

architectural details, and other significant features of the property including interior

features listed as significant in the fourth whereas clause. The photo submission may 

be digital .TIF images, and photo key and map documenting the location and 

direction of each photo 

b. A legible scale digital scan copy of the historic plans;

c. A sketch site plan;

d. A narrative description of the building; and

e. A narrative report detailing the history of the building, its designer/builder, and

use. This report shall establish the significance of the building and place it in

context with the history and development of the university as appropriate. The

research shall utilize historic source material including but not limited to maps,

drawings, newspapers, and oral history if available.

f. The recordation report shall be submitted in draft form to the SHPO for review

and comment. The SHPO will comment on the adequacy of the report within

thirty (30) days of receipt or will be seen as accepting the report.

g. Once comments, if any, are received from the SHPO, FHSU will produce three

physical and digital copies of the narrative building description and report,

photographs, and floor and site plans. One copy will be provided to the SHPO and

the others will be provided to the FHSU Archives.

2. FHSU may submit the physical documentation in a digital format (photographs, floor

plans, and site plans) for acceptance in advance of the narrative report (Stipulations I

a. to c.); selective demolition may proceed upon written notification by the SHPO 

after physical documentation has been reviewed.

II. PERMANENT EXHIBIT

1. In consultation with the Kansas SHPO, Fort Hays University shall develop a 

museum quality panel composed of graphics and narrative information that 

explains the significance of the architectural design Forsyth Library in the 

regional and national Mid Century modern style.

2. The new panel will be permanent and will be installed in a highly visible 
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 4 of 9

location within or outside the library building within the Duration (Section V) 

of this MOA.

3. A draft of the final panel design, content, and proposed building location shall be 

submitted by the university to the Kansas SHPO for its review, comment and 

approval prior to actual production.

4. All signatories will be notified when the exhibit is completed.

III. DURATION

This MOA will be null and void if its terms are not carried out within five (5) years

from the date of its execution. Prior to such time, NIST may consult with the other 

signatories to reconsider the terms of the MOA and amend it in accordance with 

Stipulation IV below.

IV. UNANTICIPATED DISCOVERIES

In the event that archeological materials are encountered, work shall be halted and NIST

and SHPO shall consult on procedures to follow to determine the Register eligibility of

archaeological resources and to evaluate the adverse effects of the Project on such

resources. For sites of Native American origin, this consultation shall include the Kaw 

Nation of Oklahoma, Kiowa Tribe of Oklahoma, Kickapoo Tribe of the Kickapoo 

Reservation in Kansas, Iowa Tribe of Kansas and Nebraska, Osage Nation of Oklahoma, 

Prairie Band Potawatomi Nation and the Sac & Fox Nation of Missouri in Kansas and 

Nebraska

1. NIST shall consult with the SHPO to develop and evaluate alternatives or

modifications to the undertaking that could avoid, minimize or mitigate project

adverse effects on archaeological sites eligible for the National Register.

2. NIST shall ensure that a determination, finding, or agreement is supported by

sufficient documentation to enable any reviewing parties to understand its basis.

3. If human remains are discovered at any time during the implementation of this 

Project, the university shall follow the provisions of the Native American Graves

Protection and Repatriation Act (25 USC Section 3001) and Kansas Unmarked 

Burials Act (K.S.A 75-2741 – 75-2754).

V. DISPUTE RESOLUTION
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 5 of 9

Should any signatory or concurring party to this MOA object at any time to any

actions proposed or the manner in which the terms of this MOA are

implemented, NIST shall consult with such party to resolve the objection. If 

NIST determines that such objection cannot be resolved, NIST will:

1. Forward all documentation relevant to the dispute, including NIST's 

proposed resolution, to the ACHP. The ACHP shall provide NIST with its 

advice on the resolution of the objection within thirty (30) days of receiving 

adequate documentation. Prior to reaching a final decision on the dispute, 

NIST shall prepare a written response that takes into account any timely 

advice or comments regarding the dispute from the ACHP, signatories and

concurring parties, and provide them with a copy of this written response. 

NIST will then proceed according to its final decision.

2. If the ACHP does not provide its advice regarding the dispute within the

thirty (30) daytime period, NIST may make a final decision on the dispute 

and proceed accordingly. Prior to reaching such a final decision, NIST shall

prepare a written response that takes into account any timely comments 

regarding the dispute from the signatories and conceiving parties to the

MOA and provide them and the ACHP with a copy of such written 

response.

3. NIST's responsibility to carry out all other actions subject to the te1ms of this

MOA that are not the subject of the dispute remain unchanged.

VI. AMENDMENTS

Any party to this MOA may propose to NIST that the MOA be amended, 

whereupon NIST shall consult with the other patties to this MOA to consider 

such an amendment. 36 CFR Part 800.6(c)(7) shall govern the execution of any

such amendment. The amendment will be effective on the date a copy signed by 

all the signatories is filed with the ACHP.

VII. TERMINATION

1. If any signatory to this MOA determines that its terms will not or cannot be

carried out, that party shall immediately consult with the other parties to

attempt to develop an amendment per Stipulation VII, above. If within thirty 
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 6 of 9

(30) days (or another time period agreed to by all signatories) an amendment 

cannot be reached, any signatory may terminate the MOA upon written 

notification to the other signatories.

2. Once the MOA is terminated, and prior to work continuing on the

undertaking, NIST must either:

(a) execute an MOA pursuant to 36 CFR § 800.6 or (

(b) request, take into account, and respond to the comments of the ACHP

under 36 CFR § 800.7. NIST shall notify the signatories as to the course 

of action it will pursue.

VIII. ELECTRONIC SIGNATURE

Each party agrees a person may execute this document by electronic symbol or 

process attached to or logically associated with the document, with an intent to sign 

the document and by a method that must include a feature to verify the identity of 

the signer and the authenticity of the document, commonly referred to as verified 

electronic signature. Each party further agrees to accept in-person signature with ink 

for such party who agrees, but does not wish to or have access to adequate 

technology to sign electronically.

XI. COUNTERPARTS

This document may be signed in two or more counterparts, each of which shall be 

deemed an original for all purposes, and all of which when taken together shall be 

considered one and the same agreement.

X. EXECUTION

Execution of this MOA by NIST, the Kansas SHPO, and the FHSU, the

submission of it to the ACHP with the appropriate documentation specified in 36

CFR 800.11(e) and (f), and implementation of its terms evidence that NIST has

taken into account the effects of this undertaking on historic properties and 

afforded the ACHP an opportunity to comment.
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 7 of 9

REGARDING THE FORSYTH LIBRARY RENOVATION PROJECT

LOCATED AT

502, SOUTH CAMPUS DRIVE, HAYS, KANSAS 67601

FEDERAL PROJ Nos 60NANB23D017 AND 60NANB23D114

SIGNED:

NATIONAL INSTITUTE OF STANDARDS & TECHNOLOGY (N.I.S.T.)

____________________________________________ Date 

By: Phillip W. Neuberg, FAIA

Federal Historic Preservation Officer

-DQXDU\
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 8 of 9

REGARDING THE FORSYTH LIBRARY RENOVATION PROJECT

LOCATED AT

502, SOUTH CAMPUS DRIVE, HAYS, KANSAS 67601

FEDERAL PROJ Nos 60NANB23D017 AND 60NANB23D114

SIGNED:

KANSAS STATE HISTORIC PRESERVATION OFFICER

___________________________________________________Date 

By: Patrick Zollner

Kansas State Historic Preservation Officer

DSHPO for 1/9/2024
MEMORANDUM OF AGREEMENT

BETWEEN 

THE NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY, 

THE FORT HAYS STATE UNIVERISY, AND,

THE KANSAS STATE HISTORIC PRESERVATION OFFICER

Page 9 of 9

REGARDING THE FORSYTH LIBRARY RENOVATION PROJECT 

LOCATED AT 

502, SOUTH CAMPUS DRIVE, HAYS, KANSAS 67601

FEDERAL PROJ Nos 60NANB23D017 AND 60NANB23D114

Signed: 

FORT HAYS STATE UNIVERSITY ______________________________________________ Date:_________________ 

By: Wesley Winch, 

Vice-President for 

Administration and Finance 

01/12/2024