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Renewable Energy and Historic Preservation

Overview

The renewed focus on expanding the development and transmission of renewable energy resources presents a variety of potential impacts to historic properties on and off federal lands.  These impacts include the direct effects of large-scale land development associated with solar energy development on many types of historic properties including archaeological sites, historic structures, cultural landscapes, and properties of religious and cultural significance to Indian tribes and Native Hawaiian organizations as well as the introduction of visual intrusions imposed by the construction of wind turbines and transmission lines.

Starting in 2010 the Advisory Council on Historic Preservation (ACHP) has seen a significant wave of renewable energy projects come through the historic preservation review process established in Section 106 of the National Historic Preservation Act (NHPA).  Federal agencies reviewing or approving these projects are diverse in their missions and the projects typically move on an accelerated time schedule.  While the technologies vary (solar, wind, geo-thermal, bio-fuels, etc.) the challenges for the management of historic properties and completion of the Section 106 process are largely consistent and include:  project timing, consideration of alternatives for project location and implementation, tribal consultation and consultation with other interested parties, and assessing impacts on natural and cultural landscapes.  The ACHP works with federal agencies; applicants for federal assistance, permits, or licenses; SHPOs; Indian tribes; and other consulting parties to address these challenges and develop guidance related to these issues.

Current ACHP Involvement

*NEW* ACHP enters into agreements to facilitate windpower development in Mid-Atlantic, Great Lakes Regions.

*NEW* ACHP And Renewable Energy - 2011
The ACHP was actively involved in a number of initiatives in 2011 to address renewable energy and transmission development. Read here for a summary of those efforts and a look ahead to 2012. Read more.

*NEW* Federal Oversight and Assistance for Shale Gas Development and Section 106
The ACHP frequently receives inquiries regarding the applicability of reviews conducted in accordance with Section 106 of the National Historic Preservation Act to shale gas development projects. There remains some confusion as to whether and when federal permits, approvals, or licenses that may invoke Section 106 review are required for these activities. Read this primer to learn more about when opportunities for participating in the Section 106 review of such activities may exist. Read the primer.

Western Renewable Energy and Historic Preservation Workgroup
In December 2009, the ACHP membership committed to convening a working group to promote collaboration and coordination among federal agencies and stakeholders to ensure that historic preservation values are considered efficiently in project planning and implementation. Coming out of the joint ACHP-NATHPO Tribal Summit held in California in January 2011, the ACHP and Bureau of Land Management (BLM) have established the Western Renewable Energy and Historic Preservation Work Group to focus on the cultural resource challenges of energy projects and transmission in the west. The Work Group will address the issues of cultural resource protection that are emerging in the 2011 large-scale energy development and transmission projects proposed on BLM lands in California, Nevada, and Arizona. While these projects are being managed through the regular Section 106 process, the Work Group will review progress, address common issues that emerge from the individual reviews, identify topics where additional education and awareness would benefit stakeholders, and compile “lessons learned” to guide future energy development projects in the region and elsewhere. These may include approaches to resource identification, avoidance and mitigation, and consultation with stakeholders.

Renewable Energy Tribal Summit
The ACHP and the National Association of Tribal Historic Preservation Officers (NATHPO) hosted a Tribal Summit on Renewable Energy on January 11-13, 2011 in Palm Springs, California. Recognizing that renewable energy and its potential effects on historic properties is an area of concern to Indian tribes, the summit was heavily attended by Indian tribes, bringing together over 150 tribal representatives and officials from agencies involved with energy development to share information and discuss local and national implications. The summit included an overview of upcoming federal renewable energy projects and highlighted issues of tribal concern related to past and proposed renewable energy development, such as the need for effective government to government consultation, addressing accelerated timeframes, and indirect and cumulative effects to sites of religious and cultural significance. Dialogue on formulating next steps to address upcoming renewable energy projects was resulted in a set of recommendations shared broadly with stakeholders.

Renewal Energy Rapid Response Team
CEQ and the Departments of Energy and Interior have established a Renewable Energy Rapid Response Team (RERRT) to improve Federal agency coordination to ensure a timely process for the siting and permitting of transmission and renewable energy. An initial organizational meeting was held on January 7, 2011. The RERRT will enable key agency personnel to be “on call” when issues arise in transmission and renewable energy project approvals and when there exists an opportunity to improve interagency coordination.  The ACHP is a participating member of this team and is actively involved as the work of the team proceeds.

Other recent ACHP participation on alternative energy initiatives
Atlantic Wind Energy Workshop: Tom McCulloch represented the ACHP and spoke at the “Atlantic Wind Energy Workshop,” on July 12-14, 2011 in Washington, DC. The workshop was hosted by the U.S. Department of the Interior and its Bureau of Ocean Energy Management, Regulation, and Enforcement. The workshop was held as part of the Secretary of the Interior’s “Smart from the Start” wind energy initiative to spur renewable energy development on the Outer Continental Shelf, and to provide DOI and its federal partners assistance in environmental and technical reviews of wind energy areas and in the evaluation of new projects in the Mid-Atlantic area.

Offshore Wind Summit
Tom McCulloch represented the ACHP and spoke at the “Offshore Wind Summit,” on April 27-29, 2011 in Washington, D.C.  This summit aimed to facilitate discussions among the developers, owners, energy purchasers and investors of offshore wind projects.  Invited speakers included several federal agencies, such as Bureau of Ocean Energy Management, Regulation and Enforcement and the Federal Environmental Regulatory Commission;  several energy companies, such as Cape Wind, Deep Water Wind, Bluewater Wind, and Fishermen’s Energy; potential purchasing utilities such as National Grid and LIPA; the state departments of environmental protection or conservation in all U.S. coastal states; and academics and researchers from the premiere wind research institutions in the U.S.

Great Lakes Offshore Wind Initiatives
The ACHP participated in the “Great Lakes Offshore Wind Workshop” in October 2010, which aimed to establish a timely, efficient and environmentally-responsible permitting process for Great Lakes offshore wind development. Working with the DOE and the Great Lakes Wind Collaborative, the Council on Environmental Quality (CEQ) has developed a draft Memorandum of Understanding (MOU) that captures the consensus outcomes reached during the workshop.  The ACHP is participating in further meetings to revise and finalize the MOU.

Onshore Renewable Energy Stakeholders Workshop
The ACHP co-led a roundtable discussion on tribal consultation in Section 106 review at the Department of Interior/Department of Energy Onshore “Renewable Energy Stakeholders Workshop” on February 9-10, 2011 in Washington, D.C. 

Historic Preservation and Tribal Consultation
Energy and Transmission Projects Conference:  Reid Nelson represented the ACHP and spoke at the 4th annual conference on “Historic Preservation and Tribal Consultation” on February 10-11, 2011 in Denver, CO.  This conference provided information on energy and transmission projects and provided a comprehensive look at historic preservation rules and regulations.

Renewable Energy Development on Federal Lands Conference
Caroline Hall represented the ACHP at the “Renewable Energy Development on Federal Lands” conference on March 7-8, 2011 in San Diego, CA. Conference sessions included:  Successfully Navigating Access to Public Lands and Key Federal Partners, Facing and Embracing Environmental and Cultural Resource Issues, Regional and Federal Policies to Promote Federal Lands Development, State and Local Role In Project Development, and Engaging all Stakeholders for Successful Siting and Development. 

ACHP Resources for Energy Projects
This handout is a one-page summary of the kinds of information and expertise the ACHP has to offer for those involved in energy projects. It lists where on our web site to find guidance, such as when a wind farm triggers Section 106; information on consulting with tribes, including Limitations on the Delegation of Authority by Federal Agencies to Initiate Tribal Consultation; general 106 guidance, such as what constitutes reasonable and good faith identification; and an overview of the training the ACHP offers. Learn more.

Case Digests - Energy Projects
Case Digest is a quarterly publication of the ACHP that provides an overview of select Section 106 cases that the ACHP is involved in. The cases go beyond renewable energy projects, but are examples of all types of energy projects and the challenges they pose. Follow this link to find 106 cases involving energy.

• · Renewable Energy park Project at Ewa Field, Winter 2012
• · Keystone Pipeline, Fall 2007 and Spring 2011
• · White Mountain Wind Energy, Summer 2011
• · Imperial Valley Solar, Fall 2010
• · West Tavaputs Full Field Gas and Oil Development, Winter 2010
• · Yucca Mountain Nuclear Repository, Spring 2009
• · Nantucket Sound Wind Farm Application, Summer 2009
• · Lake Powell Power and Water Systems, Fall 2009
• · Medicine Lake Highlands Geothermal Development, Winter 2008
• · Glen Canyon Dam Project, Spring 2008
• · Permian Basin MOA for Oil and Gas Development, Summer 2008
• · Permits for Exploratory Drilling on Mount Taylor, Summer 2008
• · Columbia River Power System, Winter 2007
• · Custer National Forest Oil and Gas Leasing, Spring 2007
• · Overland Pass Pipeline, Fall 2007
• · Coal and Wind Electric Generation Facility at Great Falls/Cascade County, Summer 2006

USEFUL LINKS

Federal Actions that Qualify Development of Wind Farms as Undertakings Subject to Section 106

ACHP Recommendations on Energy Development and Historic Preservation

Other Helpful Links:
http://www.achp.gov/delegationmemo-final_7-1-11.pdf

http://www.achp.gov/news_05032011.html

http://www.achp.gov/work106.html

http://www.achp.gov/tribalsummaryexecutivesummary.html

http://www.achp.gov/docs/TransmissionMOU.pdf

http://ocsenergy.anl.gov/guide/index.cfm

Updated March 17, 2012

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