Background
OWEB applies annually for Pacific Coastal Salmon Recovery Funds (PCSRF) from the National Marine Fisheries Service (NMFS) and awards these funds through various grant programs. These funds are mainly used in restoration and acquisition projects that benefit salmon and steelhead.
In 2022, OWEB and the NMFS began working to develop a
Programmatic Agreement (PA) for PCSRF projects to delegate responsibilities of
Section 106 of the
National Historic Preservation Act of 1966 (NHPA) to OWEB. Section 106 requires federal agencies to consider the effects on historic properties of projects they carry out, assist, fund, permit, license, or approve.
OWEB has historically relied on its grantees to self-report and track permits required for project implementation in the application and grant agreement. Once the PA is signed, OWEB will be responsible for ensuring that the grantees are in compliance with Section 106. This includes reviewing projects to ensure alignment with the PA, examining cultural resource reports, and submitting the appropriate documentation to the Oregon State Historic Preservation Office (SHPO) and the National Oceanic and Atmospheric Administration (NOAA).
The PA is still in development and is expected to be signed in the Fall of 2024. Following that, OWEB will be required to review all grants funded by PCSRF funds and all grants funded by Lottery funds that OWEB uses to meet its 33% required match to NOAA. The information below is intended to help OWEB applicants prepare for additional requirements once the PA is signed.
The Programmatic Agreement applies to all land in Oregon that:
- Falls within the
Recovery Domains for Endangered Species Act (ESA) listed Salmon and Steelhead.
- Does not already have another established federal Programmatic Agreement.
- Is not under Tribal Historic Preservation Office (THPO) jurisdiction. THPO jurisdiction has authority in lieu of the Oregon SHPO.
How Does this Impact OWEB Grantees?
OWEB grantees are accustomed to ensuring Section 106 compliance when working with federal funds and working on federal lands, these federal nexuses are triggers for compliance with federal laws. Grantees who are now funded with Oregon Lottery funds but are located within the Recovery Domains for ESA Listed Salmon and Steelhead will have to plan to demonstrate compliance with Section 106 and budget in technical assistance and restoration applications for cultural resources review.
OWEB understands that building historic property considerations into projects requires technical expertise and can add time and costs to projects. Applicants should consider the following when planning projects:
- Contact a qualified archaeological contractor to identify historic properties early in the project planning process to avoid, minimize or mitigate impacts during implementation. The
Oregon SHPO provides a helpful bulletin for individuals and organizations interested in hiring an archaeologist and the
Association of Oregon Archaeologists offers a contractor directory.
- Apply for a
Technical Assistance (TA) grant and budget time and expenses for cultural resources requirements in the TA grant prior to applying for a restoration grant.
- Complete as much cultural resource work as possible during the design phase of the project to reduce delays. If cultural resource work has not begun by the time grantees apply for a restoration grant, the review may note concerns about unknown budget costs and delays in the project timeline.
The activities listed below are categorized based on project types that qualify for PCSRF funding and are subject to change as the PA is finalized in the Fall of 2024. For a more detailed description of these categories and additional information on Section 106, please download a copy of the
Guidance on Cultural Resources Compliance for OWEB Grants.
- Activities requiring
Full Section 106 Review.
- Activities to be
Screened for Exemptions from Section 106 Review.
- Activities
Exempted from Section 106 Review.
More Information