Advisory 

 Council On 

 Historic 

 Preservation 



The Old Post OfficB Building 



1100 Pennsyivanja Ayenue. NVV. #809 



Washinston. DC 20OO4 



9 i9SI 



Mr. Joseph A. Uravitch, Chief 



Sanctuaries and Reserves Division 



Office of Ocean and Coastal Resources Management 



National Ocean Service/NCAA 



1825 Connecticut Avenue, N.W. 



Suite 714 



Washington, D.C. 20235 



RE: Draft Environmental Impact Statement/Manageaent Plan 



Stellwagen Bank National Marine Sanctuary, Massachusetts 



Dear Mr. Uravitch: 



Thank you for the opportunity to review the referenced DEIS, 

 have completed our review and have the following comments to 

 offer: 



We 



2- 



3. 



1. The DEIS did not evidence consultation with the Massachusetts 

 State Historic Preservation Office. Accordingly, we reconaend 

 that you begin Section 106 consultation as soon as possible. We 

 also remind you that the subsequent management of this National 

 Marine Sanctuary will convey Section 110 responsibilities as 

 well . 



2. The definition of "Historic Resource" included in the DEIS 

 does not reference eligibility for the National Register of 

 Historic Places. This is a key component of the definition of 

 "Historic Property" in the Council's regulations, "Protection of 

 Historic Properties" (36 CFR Part 800) . The inconsistency 

 between the definitions could lead to confusion in Sections 106 

 and 110 consultations. We recommend that NOAA adopt the 

 definition as provided in the Council's regulations. 



3. The section on the National Historic Preservation Act 

 suggests that only impacts to Register-listed historic properties 

 would be subject to Section 106 compliance. We remind you that 

 Section 106 requires that agencies take into account the effect 

 of undertakings on properties that are eligible for the National 

 Register; thus, ensuring consideration of effects to all historic 

 properties, not only those that are listed on the Register. 



Sections 106 and 110 of the National Historic Preservation Act 

 recognize that Federal oversight of property is beneficial in 

 that it conveys a responsibility on Federal agencies to 

 appropriately manage and use historic properties under their 

 direction. Thus, we believe that the establishment of the 

 Stellwagen Bank National Marine Sanctuary is an undertaking that 

 has the potential to protect historic properties. 



If we can be of further assistance, please contact Valerie 

 DeCarlo at (202) 786-0505. 



rely. 



ADVISORY COUNCIL ON HISTORIC 

 PRESERVATION 



1. The Sanctuary occurs entirely in 

 Federal waters, and is not subject to 

 the jurisdiction of the Massachusetts 

 Historical Commission. However, a copy 

 of the DEIS was reviewed by the 

 Commission, which stated that if it had 

 jurisdiction, it would find "no 

 effect/no adverse effect", within the 

 review process under § 106 of the 

 National Historic Preservation Act. 



2. The proposed definition of "his- 

 torical resource" has been revised to 

 encompass those resources which are 

 defined as "historic properties" by the 

 National Historic Preservation Act and 

 implementing regulations at 36 CFR Part 

 800. 



3. Comments noted. NOAA understands its 

 responsibilities under the NHPA, parti- 

 cularly the need to consider the effect 

 of Sanctuary designation and subsequent 

 activities on properties which are 

 eligible for listing on the National 

 Register of Historic Places. 



Klima 



Eastern Office 

 Project Review 



Page G16 



