CEQR TECHNICAL MANUAL 9 - 23 MARCH 2014 EDITION
HISTORIC AND
CULTURAL RESOURCES
In addition to all of the federal protections described above, archaeological resources are given spe-
cial protection under the Archaeological Resource Protection Act of 1979. This act regulates the tak-
ing of archaeological resources on federal land. Other federal protections for archaeological re-
sources are provided by the Historic Sites Act of 1935, the Antiquities Act of 1906, the Archaeological
Recovery Act, the National Environmental Policy Act of 1969, and the Abandoned Shipwreck Act of
1987. Finally, the National American Graves Protection and Repatriation Act of 1990 includes a pro-
cess for museums and federal agencies to return certain Native American cultural items -- human
remains, funerary objects, sacred objects, or objects of cultural patrimony -- to lineal descendants,
and culturally affiliated Indian tribes and Native Hawaiian organizations. It includes provisions for un-
claimed and culturally unidentifiable Native American cultural items, intentional and inadvertent dis-
covery of Native American cultural items on Federal and tribal lands.
712. State Regulations
For projects within state jurisdiction (it is funded, licensed, or regulated by a state agency), Article 14 of the
New York State Historic Preservation Act of 1980 (SHPA) applies. This law requires that state agencies avoid
or mitigate any significant adverse impacts on historic properties to the fullest extent practicable, feasible,
and prudent. These requirements are the same as those of the State Environmental Quality Review Act, or
SEQRA. The SHPA mandates consultation with the State Historic Preservation Office (see discussion on coor-
dination, below).
713. City Regulations
The New York City Landmarks Law establishes LPC and gives it the authority to designate landmarks, interior
landmarks, scenic landmarks, and historic districts, and to regulate any construction, reconstruction, alter-
ation, or demolition of such landmarks and districts. Under the Landmarks Law, no new construction, altera-
tion, reconstruction, or demolition can take place on landmarks, landmark sites, or within designated New
York City historic districts until the LPC has issued a Certificate of No Effect on protected architectural fea-
tures, Certificate of Appropriateness, or Permit of Minor Work. Projects reviewed under CEQR that physically
affect Landmarks or properties within New York City historic districts require mandatory review by LPC, in the
case of private properties, and approval of LPC, in the case of certain City property. See N.Y.C. Admin. Code §
25-300 et. seq. for further information.
Both private applicants and public agencies must apply to LPC for any work on designated structures, desig-
nated sites, or structures within historic districts. The LPC issues permits to private applicants and reports to
public agencies. No work on these protected resources may proceed prior to the issuance of a Landmarks
Preservation Commission permit or report.
720. APPLICABLE COORDINATION
Applicable coordination ultimately depends upon the following factors: the type of resource involved (Federal or
City listed or eligible), the oversight legislation involved (Federal, State, and/or City), and the relationship among
multiple agencies in the cases of large scale actions (such as Citywide actions or actions requiring a number of
funding sources or discretionary approvals). The lead agency is the primary agency responsible for coordination.
Examples of such types of coordination are listed below.
When designated New York City landmarks, properties already calendared for designation, or identified
properties eligible for LPC designation may be affected by a project, the lead agency coordinates with LPC.
When properties listed on, or determined eligible for, the State and/or National Registers, recommended
by the New York State Board for listing on the Registers, or National Historic Landmarks are involved, the
lead agency coordinates with either LPC or SHPO, depending upon whether it is a Federal, State, or City ac-
tion. The final determination of eligibility and/or treatment rests with the SHPO if it is a Federal or State
action, and LPC if it is a CEQR action.