Beginning Monday, July 8, 2013, the Kentucky Heritage Council/State Historic Preservation Office will be implementing a new Section 106 Review submission process, which will now require a cover sheet to be submitted with each project, and procedures to assist applicants in the identification of known historic resources. Click on the links, below, to see the memo describing this new process, the new cover sheet, and instructions for completing the cover sheet.
Memo - New Section 106 Review submission process [PDF - 51KB]
Cover Sheet for Review and Compliance [PDF - 80KB]
Cover Sheet Instructions [PDF - 196KB] UPDATED!
Preliminary Site Check FAQs
Why am I being asked to perform a preliminary site check?
Previously, Kentucky Heritage Council/State Historic Preservation Office (KHC/SHPO) staff in the Site Protection program completed preliminary site checks on behalf of applicants as part of their Section 106 review, though they were not obligated to do so, and it increased the time needed to complete the review. We have now developed ways to streamline this process to allow for more timely responses, including a means for applicants to complete their own preliminary site checks. The most efficient approach is via an online request at https://secure.kentucky.gov/formservices/Heritage/SiteID (available beginning July 8, 2013). These online requests are fulfilled utilizing a Geographic Information Systems database. A preliminary site check fee of $40 is charged solely for generating a unique report on your behalf that identifies known historic buildings or structures that are located within or near your project area.
Is there any way I can get the information included in the preliminary site check without using the online option?
Yes. You can complete your own preliminary site check by accessing the paper files free of charge at the KHC/SHPO office in Frankfort. To do so, please contact the data manager (502-564-7005, ext. 118, or KHCfirstname.lastname@example.org) to arrange a time to visit the Site Identification library. We cannot accommodate in-person preliminary site checks without an appointment.
Will the new preliminary site check affect my timeline for Section 106 review?
We do not anticipate this process will substantially increase the time it takes to prepare a Section 106 submission. Within 2-3 business days of submitting an online request and payment for a preliminary site check, the Site Identification program will send an e-mailed, PDF version of a report which provides the address of any previously surveyed historic resources within your project area and a small area around it, the resource type (house, barn, cemetery, etc.), and the National Register status of the resource. If you choose to make an appointment to visit the KHC/SHPO office to complete a preliminary site check on your own, review of paper records for most types of individual projects can be completed in one visit. Either method will allow you to provide more complete information with your project’s initial submission to our office, greatly reducing the likelihood that staff would need to request more information to complete your Section 106 review.
Does the site check count as consultation with KHC/SHPO for the purposes of Section 106?
No. In the Section 106 process, identifying historic properties that could be directly or indirectly affected by a project is ultimately the responsibility of the funding/permitting agency or its delegate. The preliminary site check provides information that assists the agency/delegate in fulfilling this responsibility and should be carried out in advance of the Section 106 review process. The results of the site check along with other information you collect such as photographs, the history/use of the project area, comments on local significance, etc., will become part of a larger packet you send to KHC/SHPO. This submission is what initiates Section 106 consultation and triggers comment on your project.
Am I paying a fee for my Section 106 review?
No. The fee for the preliminary site check requested online is only for research and a report completed on your behalf by the Site Identification program. Section 106 review conducted by Site Protection staff consists of examining a project’s scope of work, looking at/assessing historic resources identified by the federal agency or its delegate within an area of potential effect, and considering what kinds of effects may result from proposed work. This is done to fulfill the KHC/SHPO’s role as a consulting party in the Section 106 process; there would never be a fee associated with this review.
The results of my preliminary site check indicate there are no sites in my project area. Does that mean my project will have no effect on historic properties?
Not necessarily. If your online request or your own research of paper records returns no results in or around your project area, it is likely your project area has not been previously surveyed for historic properties. If you can see anything over 50 years of age in or around your project area, it will be especially important to account for these buildings/structures in your Section 106 submission to KHC/SHPO.
Are there undertakings that do not require a preliminary site check?
Some undertakings (e.g. federal loan refinancing that does not support major rehabilitation, small equipment purchases like radios, etc.) do not have the potential to impact historic properties and would not usually require the kind of information provided in a preliminary site check. Please note, a preliminary site check is not required to submit projects to the KHC/SHPO for Section 106 review and comment; the Site Protection Program will review all submissions received by our office. However, when an undertaking does have potential to impact historic properties (e.g. demolition, new construction, building renovation, etc.), and a preliminary site check has not been completed, staff may need to request additional information to facilitate review. This can increase your Section 106 timeline.
Are preliminary site checks solely designed for Section 106 review?
No. The Site Identification program offers this service to a variety of interested citizens and groups looking for research assistance, information to use in planning, etc.
Cover Sheet FAQs
Do I have to use the cover sheet for every submission?
Beginning July 8, submissions should include the Cover Sheet for Section 106 Review and Compliance (available via PDF, at top), completed to the greatest extent possible. The only exceptions are cultural resource reports prepared by consultants in accordance with the KHC/SHPO specifications and projects submitted under an existing programmatic agreement, where the required submission materials are clearly dictated in the agreement. If you are unsure whether this applies to you, we recommend using the cover sheet until you can verify otherwise.
Will you review my project even if I don’t complete all the fields of the cover sheet?
The cover sheet is designed to assist you in compiling the information Site Protection staff most often needs to complete review. If fields are not completed, you risk delays in receiving your Section 106 comments, as staff may need to request additional information.
How quickly can I expect a response from the SHPO on my project?
Under Federal Law (36 CFR Part 800) Site Protection staff has 30 calendar days to review your project beginning with the date it was received by our office. Efforts are made to review projects as quickly as possible. The review process may take up to 30 calendar days, but often requires less time. The best way to ensure the Site Protection staff can complete your review in a timely manner is to make sure information you submit is thorough and accurate. When staff must ask for more information, the 30-day clock generally starts anew after the requested information is received.
If I use the Kentucky State Clearinghouse, or eClearinghouse, do I still have to make a submission using the cover sheet?
The Kentucky State Clearinghouse  is a single point of contact for multiple agencies that might be required to comment on your project. The information available to reviewers in Clearinghouse does not usually reflect the full range of information you may have submitted in a funding application, so there are many occasions when Site Protection staff must request additional information in order to complete review. If the project description is not enough for staff to complete review within Clearinghouse, our comments will direct you to utilize the cover sheet and mail a full submission.