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Federal and State Clearance for Historic (Above Ground) Buildings
Oregon Review Process
Paul Bunyan Statue, Portland, OR
Paul Bunyan Statue, Portland, OR
Federal Law requires every federal agency and every agency using federal funds to take into account how its projects and expenditures will affect historic properties. State Law requires the same of state agencies for historic property owned by the state or its political subdivisions.  “Political subdivision” includes counties, cities, school districts and any other governmental unit within the state not included in ORS 358.635.
 
Agencies must allow the State Historic Preservation Officer (SHPO) an opportunity to provide comment.
State and Federal Laws - Oregon SHPO website explaining the provisions of Section 106 of the Historic Preservation Act of 1966 and state law ORS 358.653
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Paper Compliance Forms
Paper documentation may be completed for studies including up to five single properties or sites or multiple dis-contiguous properties. Paper documentation may not be completed for contiguous areas of five or more properties without prior approval.
SHPO Clearance Form [MS Word doc] - State of Oregon form used for all historic (above ground) reviews.
 
Submit federal (Section 106) or state (ORS 358.653) documentation to SHPO 
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Oregon Historic Sites Database
The Oregon SHPO is making a transition from a paper-based compliance process to a standardized electronic format based on Microsoft Access. This system is explained in the publication Guidelines for Conducting Historic Resource Surveys in Oregon available below. A sample Section 106 report using the new format is also available. Please note that the sample should be used in conjunction with the handbook.
 
As part of this new system, agencies are asked to follow a four-step process.
  1. Contact SHPO staff members to begin the consultation process and obtain a project number. Those calling should be able to discuss the Area of Potential Effect (APE), project undertaking, and the potential effect(s) of the work in addition to supplying basic contact information. Consultation ideally involves SHPO staff, the agency contact person, and the individual completing the work.
  2. Obtain a copy of the Oregon Historic Sites Database from the office. Databases should be requested no more than 30 days before a project begins.
  3. Complete survey work.
  4. Submit data to the SHPO for review.

Guidelines for Historic Resource Surveys in Oregon  [Adobe PDF] - Oregon SHPO document describing proper survey techniques for Section 106 and ORS 358.653 compliance
Sample Section 106 Report [Adobe PDF] - Sample 106 report completed to the standards described in Guidelines for Historic Resource Surveys in Oregon.

Do I Need a Consultant?
For small projects involving one or a few historic properties agencies can often complete all necessary paperwork internally. For large or more complex projects that include many historic properties, or any project involving archaeological resources, agencies should consider hiring a consultant. In Oregon, only qualified archaeologists may access state archeology records.
 
The Oregon SHPO recommends that people treat a cultural resources contractor with the same care they treat any other contractor/consultant. It’s always good to shop around, get multiple bids, check references, and do careful homework to find a person who can meet your needs at a competitive price.
Consultants and Contractors List - An Oregon SHPO website listing contractors from a variety or professions. The Oregon SHPO does not endorse any particular consultant or company.
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