The Trust integrates environmental and historic preservation compliance into its decisions.
By law, the Presidio Trust must integrate environmental and historic preservation compliance statutes into its decision making and actions, including the National Environmental Policy Act (NEPA) (42 U.S.C. 4321) and the National Historic Preservation Act (NHPA) (16 U.SC 470).
The NEPA and NHPA require the Trust to “stop, look, and listen” before making decisions that impact historic properties and the human environment. This process is known as “N2 Review” and is conducted on behalf of tenants by staff. Permit review, execution of a lease, or other binding commitment cannot occur before a project’s N2 review has been completed.
The National Environmental Policy Act of 1969 establishes a process by which federal agencies must study the environmental impacts of their actions. The NEPA process requires the Trust to undertake environmental review prior to its decision-making as a means of informing federal decision makers; involving interested and affected federal agencies, state and local governments, and the public; and improving the quality of federal decisions affecting the environment. The NEPA process also integrates other regulatory compliance requirements, such as the consultation required under the NHPA, discussed below. The Trust must comply with NEPA whenever the Trust itself proposes an action or agrees to fund or otherwise authorize another’s action that could affect the environment under its jurisdiction.
The NEPA process forms the cornerstone of the Trust’s approach to environmental protection and is one important vehicle by which the Trust makes information available to the public and engages the public in its decision-making. The most conspicuous part of the NEPA process is its “action-forcing” procedures, which require the Trust to consider environmental factors and to undertake more detailed environmental reviews such as an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for actions that significantly affect the quality of the environment. The NEPA process can bring issues and tradeoffs to the forefront, and often result in changes to the proposed action, such as adequate and enforceable measures mitigating the significant environmental impacts of a project.
The Presidio is a National Historic Landmark District; its historic properties include buildings, structures, objects, zones, and landscapes representing over two centuries of military history. In addition, the Presidio contains important archeological sites from the Spanish colonial and military periods as well as prehistoric archaeological sites that have cultural or religious significance to Native Americans. The Trust is subject to a number of statutes governing federal historic preservation programs, including the National Historic Preservation Act of 1966.
Section 106 of the NHPA requires the Trust in the early stages of project planning to assess the effect of its actions (referred to under the NHPA as “undertakings”) on historic properties. Section 106 procedures are implemented by the Trust according to the terms of a negotiated Programmatic Agreement (PA) among the Trust, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer (SHPO) and the NPS. When the Trust determines that its undertakings could adversely affect the Presidio’s historic properties, it may be required to consult with these parties, as well as with interested organizations and the general public. The goal of consultation is to identify historic properties potentially affected by the undertaking, to assess the effects of the proposed undertaking on these properties, and to seek ways to avoid, minimize or mitigate adverse effects.
N2 review is initiated through the Planning Review Submittal form, submitted by a Trust employed Project Manager (PM) or Trust Designated Representative (TDR). The N2 review process is facilitated by the NEPA Compliance Manager and Historic Compliance Coordinator. The N2 review team is inter-departmental and has representation from the following fields: archaeology, architecture, forestry, historic preservation, landscape architecture, law, natural resources, pest management, and transportation. N2 meetings occur weekly as part of the cycle of Planning Review Submittal processing.
As the first step in the N2 review, the PM or TDR complete a Planning Review Submittal form, which will notify the N2 team about the project. Applicants are asked to be as specific as possible about project dates, design approach, construction methods, or expected impacts. In addition to the Planning Review submittal form, the applicant must provide a location map and any other attachments that will help describe the overall project. These attachments may include, but are not limited to, a site plan, design and/or construction drawings, photographs, and product information or “cut sheets.”
The N2 team will review the submitted information at the weekly meeting, evaluate if sufficient information has been provided, and if so, decide on what level of review will be required. One of four pathways will be chosen: No N2, Note to File, Administrative Review, or Full N2 Review. No N2 means that N2 anticipates no impacts and does not find it necessary to review the project further. Note to File means that the proposed project is sufficiently related to another project that has already been reviewed, and the N2 team will add the submitted information to the administrative record associated with the prior review. Under Administrative Review, N2 staff will consult with the applicant about potential impacts and issue a Categorical Exclusion and/or Certificate of Compliance, along with one or more stipulations or conditions to avoid adverse effects associated with the project. No N2 meeting is required under Administrative Review, but consultation does occur.
If Full N2 Review is necessary, N2 staff will schedule a meeting with the full N2 Review team and prepare an agenda. The agenda will be issued to Trust staff and other potentially interested parties, including the public, who may provide comments and questions prior to the meeting. Following the meeting, N2 staff will prepare draft meeting minutes and develop conditions to avoid adverse effects associated with the project. The draft minutes will reflect input from N2 staff and other Trust subject matter experts, along with comments received from others. The draft will be circulated to solicit questions and comments within five business days of the meeting. Within five subsequent business days, N2 staff will distribute final minutes and conditions via electronic mail and then prepare a CoC and/or CE for the project’s administrative record. The TDR must sign the CoC and/or CE and return it to the Historic Compliance Coordinator upon completion of the project.