Section 106 Review of the National Historic Preservation Act (NHPA) requires all federal agencies to “take into account” potential effects of their undertakings on historic properties.  Historic properties are archeological or historic sites, normally over 50 years old, listed or deemed eligible for listing on the National Registry of Historic Places.  One of the State Historic Preservation Office functions is to review and comment on compliance with Section 106.  This section of the NHPA prevents federal agencies from inadvertently permitting the destruction of historic properties.  HUD is subjected to these requirements and requires the City to undertake this review as a condition of using CDBG funding for its housing rehabilitation programs.

The City of Sparks has had a MOU agreement with the SHPO since 2012.  The previous MOU with the SHPO expired in May, 2015 and this is request is re-instituting an effective MOU with the SHPO.

The City of Sparks is a CDBG Entitlement Community and is obligated to abide by HUD regulation and guidelines as it pertains to housing rehabilitation.  Any qualified homeowner of a single family residence participating in the Housing Rehabilitation Program, if their home is 50 years of age and older, requires consultation with SHPO regarding Section 106 Review requirements.  The MOU is a tool that provides guidance to the City of Sparks and the State Historic Preservation Office (SHPO) on eligible and exempt housing rehabilitation activities as well as resolution of any disagreement that may arise between the jurisdictions regarding a specific project.

The City Council’s options would be to not accept the MOU and the City of Sparks Housing Rehabilitation activities will fall under the direction of the Washoe County HOME Consortium MOU agreement with SHPO.

I move to accept the MOU between the City of Sparks and the State Historic Preservation Office.