Submitted By
Emily A. Egan, Development Services Director
Reviewed By
Erin E. Baynes, Assistant to the Village Manager
Agenda Item Title
Title
A Resolution Approving a 5-Year Programmatic Agreement Between the Village of Oak Park and the Illinois State Historic Preservation Officer for the Administration of Certain Programs of the U.S. Department of Housing and Urban Development and the Illinois Housing Development Authority by the Village and Authorizing its Execution
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Overview
Overview
The Programmatic Agreement between the Village of Oak Park and the Illinois State Historic Preservation Officer (SHPO) allows qualified personnel at the Village to complete duties under Section 106 of the National Historic Preservation Act for certain Housing and Urban Development programs administered on behalf of the SHPO from June 4, 2024 to June 5, 2029. This expedites historical preservation reviews and reduces the amount of review time required for federally-funded projects administered by the Village.
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Recommendation
Recommendation
Adopt the Resolution.
Background
This Programmatic Agreement is an agreement between the Village of Oak Park and the Illinois State Historic Preservation Officer (SHPO) which allows the Village to conduct federally-required historic preservation reviews on behalf of SHPO for projects in the Village funded by the U.S. Department of Housing and Urban Development (HUD), such as the Community Development Block Grant (CDBG) projects. The Programmatic Agreement ensures that federal funding will not negatively affect nationally significant historic resources without the knowledge of the involved parties. It provides procedures for identifying historic properties, reviewing projects to see if they will affect historic properties, and resolving any adverse effects. Furthermore, it encourages public participation and provides procedures to resolve disputes through review by the Historic Preservation Commission and the SHPO.
The National Historic Preservation Act Section 106
Any project that uses federal funds requires SHPO review in accordance with Section 106 of the National Historic Preservation Act of 1966 (as amended). This review considers potential effects on properties that are eligible for or listed on the National Register of Historic Places individually or as part of a district. When projects have adverse effects on historic properties, stakeholders are notified, alternatives are discussed, and mitigation may be required. The Village of Oak Park is a direct recipient of federal money from the HUD, including CDBG funds, and is a sub-recipient of HUD funds via the Illinois Housing Development Authority (IHDA) and/or the Illinois Department of Commerce and Economic Opportunity (DCEO). As such, projects funded through these grant programs require review under Section 106.
Certified Local Government Program
The Village of Oak Park is recognized as a Certified Local Government (CLG). The CLG program was created by the National Historic Preservation Act and is administered by the National Park Service. To qualify as a CLG, a community must have a Historic Preservation Commission, a Historic Preservation Ordinance, a local inventory of historic resources, and means for facilitation of public participation in local preservation. By participating, communities qualify for annual grants and technical assistance. The National Park Service notes that historic preservation has proven economic, environmental, and social benefits. Studies show that historic districts maintain higher property values, less population decline, more walkability, and a greater sense of community. The SHPO recognizes that the Village, as a CLG, is qualified, to provide local historic property reviews more effectively and efficiently than the SHPO. Typically, the SHPO has a 30-day review period. However, Village staff can review most projects in several business days.
History of the Programmatic Agreement
The proposed 5-year agreement will be the fifth Programmatic Agreement (PA) between the Village of Oak Park and the SHPO. The other four agreements were in effect for five- or ten-year increments, specifically, 1995-2000, 2002-2012, 2012-2017, and 2019-2024. The time between 2017 and 2019 consisted of updating the PA, which required revisions. The SHPO agreed to continue to recognize the former PA while the new PA was drafted.
2024 Updates to the Programmatic Agreement
The SHPO requested the Programmatic Agreement be updated in 2024. The proposed PA is substantially the same as the previous agreement in function. Changes are primarily related to providing more guidance on what qualifies as an exempt activity, the process for post-review discoveries including human remains, and the process for notifying federally recognized tribes with interests in Cook County. Village staff sent copies of the draft Programmatic Agreement to all listed tribes but received no responses. The Agreement was also provided to the Advisory Council on Historic Preservation (ACHP) for comment.
Fiscal Impact
N/A
DEI Impact
N/A
Alternatives
1. Do not adopt the Resolution.
The Programmatic Agreement is beneficial as it reduces the amount of review time required for federally funded projects administered by the Village. Without the Agreement, all HUD projects potentially impacting historic properties would require a 30-day review by the SHPO in Springfield.
Previous Board Action
The Village Board previously approved similar Programmatic Agreements in 1995, 2002, 2012, and 2019.
Citizen Advisory Commission Action
N/A
Anticipated Future Actions/Commitments
The Programmatic Agreement will expire and require adoption again in 2029.
Intergovernmental Cooperation Opportunities
N/A