State Cost Share Programs and NEPA/NHPA

[John McClurkan]

Curious to know if any other state that has a state-funded cost share program that cooperates with NRCS for CTA has been told that CTA is the trigger (federal undertaking) for the National Historic Preservation Act rules to attach to state funded conservation projects. Any feedback would be welcomed. Thanks in advance!

[Susan Kozak]

Thanks for asking this question.  It is a hot topic in Iowa right now.  Our NRCS leadership has said any NRCS staff involvement or dollars will pull us into their approval process and part of their system.  This means a state funded project must do conservation planning, NHPA/NEPA, and NRCS engineers must review that the project meets specifications (our big delay right now).  In Iowa, we have state and district staff in NRCS offices and reliant on NRCS computers, vehicles, survey equipment, etc.  NRCS has said the use of any of these federal resources also pulls state projects into their system.  We have asked this position to be reviewed and are awaiting a response.

[Mike Baden]

Hi Jim –

 

In Washington we don’t necessarily have any state cost share that directly ties to NRCS CTA.  Some conservation districts may match up state cost share to NRCS programs such as EQIP to help make a project whole (provided total reimbursement doesn’t exceed 100% of actual costs).  Again, not directly tied to TA.  We do have state Cultural Resources requirements for our stat cost share funds but in these cases where EQIP may be in play along with state funds we defer to the federal cultural resources and can accept that at the state level as meeting state requirements.

Cultural Resources | CD Resources (wa.gov)

 

[Mike Baden]

Ugh – meant John – sorry about that!

[John McClurkan]

New information on this topic.  USDA’s General Manual, Title 420, Part 401.20 (D) states “…pursuant to 36 CFR Section 800.3(a)(1), NRCS has consulted with the Advisory Council on Historic Properties (ACHP) and determined that the technical assistance it provides to land users under the CTA Program results in the provision of nonbinding conservation planning information, recommendations, and advice that lacks the potential to cause effects to historic properties. Since NRCS is providing technical assistance that is advisory only, with no ability to control or require any user’s actions, NRCS has no further obligation under 54 U.S.C. Section 306108 of the NHPA for CTA Program activities…”

New question…Are the cultural reviews done by NRCS (archaeology, historic properties, T/E) under the umbrella of CTA?  thanks.

[Jay Nelson]

NRCS guidance in Kentucky mirrors what Susan stated in Iowa, i.e. NRCS provides technical assistance to our state cost share program. Any SCS contract that is worked by NRCS must have their cultural resource review completed. Since this is not a state requirement here, in the rare instance that a SCS contract has practices that can be approved by solely district employed technicians, then that step may be waived.

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