Federal Deposit
Insurance Corporation

Maine Historic Preservation Commission

From: Johnson, Mike D [mailto:Mike.D.Johnson@maine.gov]
Sent: Monday, December 12, 2005 2:51 PM
To: Comments

Subject: SOP - Regarding the National Historic Preservation

With regard to the FDIC’s proposed Statement of Policy (SOP), I am concerned that Section C does not adequately address Section 106 regulations 36 CFR 800.4(d)(2), 800.5(b), or 800.5(c). Specifically, there is no stated policy that the FDIC will: 1) notify consulting parties to invite views on effects and to assess adverse effects, 2) consult with the SHPO/THPO to apply the criteria of adverse effects prior to proposing a finding of “no adverse effect”, or 3) notify all consulting parties of agency findings of “no adverse effect”, provide supporting documentation, or provide a 30 day period for review by the SHPO/THPO for concurrence. Such omission effectively forecloses on the SHPO/THPO’s ability to consult to avoid or minimize adverse effects to historic properties, which is a fundamental and stated purpose of Section 106 consultation (see 36 CFR 800.1).

Additionally, the wording of the SOP is quite confusing and does not reflect the language of the Section 106 regulations. The term “undertaking”, as it is defined in the regulations, should be used consistently rather than “proposal”, which is not defined. Similarly, the phrase “area of potential effect”, as it is defined in the regulations, should be used rather than “in the area of the proposed undertaking”, which also is not defined.

Sincerely,

Michael D. Johnson
Review & Compliance Coordinator
Maine Historic Preservation Commission

For:

Earle G. Shettleworth, Jr.
Maine State Historic Preservation Officer
Director, Maine Historic Preservation Commission