MAIN OFFICE AND BRANCH LOCATIONS: THE NATIONAL HISTORIC PRESERVATION ACT

I.        INTRODUCTION

Under the National Historic Preservation Act of 1966 (See, 16 U.S.C. 470 et seq.) and its implementing regulations (36 CFR Part 800), the FDIC has the responsibility for determining whether the establishment of any bank or any branch or any relocation of an office will occur in a location that is included in or eligible for inclusion in the National Register of Historic Place (“Register”). An extensive list, published annually in the Federal Register each February, includes property of historical, architectural, archeological or cultural significance. Thereafter, Addenda are published on the first Tuesday of each month of the year. Where a proposed site includes property of historical, architectural, archeological or cultural significance that is not listed in the Register, the FDIC applies Register criteria to determine if a property is potentially eligible for inclusion. If the property meets Register criteria or a question arises as to whether it meets the criteria, the FDIC Regional Office will request a determination of the property's eligibility for inclusion in the Register from the United States Secretary of Interior.

II.       WHEN AFFECTED SITE IS INCLUDED/ELIGIBLE FOR INCLUSION

If it is determined that the affected site is included or eligible for inclusion in the Register, the following steps must be completed:
  • An applicant provides the FDIC with all relevant information pertaining to the proposal, including the following:
  •  Destruction or alteration of all or part of the property,
  •  Isolation from or alteration of its surrounding environment,
  •  Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting, and
  • Other details as are needed for the proper evaluation of the establishment of a bank or branch or relocation of an office, its effects and alternate courses of action.
  • After receipt and consideration of this additional data, a determination will be made whether the establishment of a bank or branch or relocation of an office has an effect upon the site after consulting with the State Historic Preservation Officer. Any one of the following three findings may be made:
  •  If there is no effect, the establishment of a bank or branch or relocation of an office may proceed along with the application process;
  • If there is a finding that the effect is not adverse, the FDIC will forward adequate documentation of this determination to the Executive Director of the Advisory Council on Historic Preservation. Unless the Executive Director notes an objection within 30 days, the establishment of a bank or branch or relocation of an office may proceed; or
  • If there is finding that the effect is adverse or if the Executive Director of the Advisory Council does not accept the documentation referred to in the above-listed point, the FDIC must: 
  • Request, in writing, the comments of the Advisory Council,
  • Notify the State Historic Preservation Officer of this request,
  • Proceed with the consultation process, and
  • Prepare a preliminary case report.

III.        CONCLUSION

               

Copies of the “Instructions for the National Historic Preservation Act Form” and the “National Historic Preservation Act Form” may be found on the Department of Banking’s website at https://ndbf.nebraska.gov/ by searching for “National Historic Preservation Act Form.”  

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