Whereas, fema, the advisory council on historic preservation achp. National historic preservation act, section 106 a quick guide for preserving native american cultural resources what is section 106. Include street address and city if those are applicable to the location. Most recent update august 5, 2004 it is a process responsibility of the federal agency consultative section 106 an overview requires substantive technical information and informed decision making. Section 106 is the portion of the national historic preservation act nhpa that is concerned with federal undertakings. Complete the rural development borrower initiate consultation with the shpo template rd 1970 subpart h exhibit h attachment h1 and provide it with the supporting materials to the appropriate shpos1. It requires that federal agencies take into account the impacts of their proposed actions and. Integrating the steps of nepa and section 106 are especially helpful for ea and eis level projects. Section 110federal preservation institutenational park. Ribble valley borough council council offices, church walk, clitheroe, lancashire, bb7 2ra 01200 425111. Information about the national historic preservation act nhpa section 106 process regarding the project and its potential effects on historic properties.
So no surprise, i recently came across a blog a mere 6 months after its initial posting that immediately grabbed my attention. National historic preservation act of 1966 wikipedia. Indicate the name the agency is using to identify the undertaking and its location. Conducting the nhpa section 106 consultation the blm has taken numerous actions to comply with requirements of the nhpa section 106 in relation to the solar peis, including sezs. Frequently asked questions about section 106 of the national. Section 106 is not new nhpa has been law since 1966. This video provides an overview on the cultural resource management process as it pertains to section 106 of the national historic preservation act.
The national historic preservation act nhpa has a profound effect on federal agency licensing. Section 106 of the national historic preservation act nhpa requires federal agencies to take into account the effects of their undertakings on historic properties and afford the advisory council on historic preservation a reasonable opportunity to comment on such undertakings. Section 106 of the nhpa requires epa to consider the effects of this permit action on properties eligible for inclusion in the national register of historic places. Whereas, fhwa, in consultation with the shpo and other parties to this 165 agreement, has determined, and the shpo concurs, that the undertaking will 166 have an adverse effect under nhpa section 106 on the following properties. Under section 106, each federal agency must consider public views and concerns about historic preservation issues when making final project decisions. May 17, 2012 this video provides an overview on the cultural resource management process as it pertains to section 106 of the national historic preservation act. California office of historic preservation detailed. Section 106 of the national historic preservation act of 1966 requires tribal consultation in all steps of the process when a federal agency project or effort may affect historic properties that are either located on tribal lands, or when any native american tribe or native hawaiian organization attaches religious or cultural significance to the historic. The law promotes historic preservation by ensuring. Section 106 of the national historic preservation act nhpa requires federal agencies to take into account the effects of their undertakings on historic properties and afford the advisory council on historic preservation a reasonable opportunity to. Section 106 of the national historic preservation act nhpa, 16 u. Example of section 106 ribble valley borough council. Section 106 of the national historic preservation act agencies that use federal funds must consider the effects of their projects on historic properties companion resource pdf, 201 kb.
So no surprise, i recently came across a blog a mere 6 months after its. Kosciuszko bridge project new york state department of. Advisory council on historic preservation, state historic preservation office, national register of. National historic preservation act section 106 environmental questionnaire section 106 questions 1 shpo initiation.
King1 considered the consequences should section 106 of the national historic preservation act nhpa be eliminated. Section 106 establishes a consultation process that federal agencies must follow before taking or approving actions that have the potential to affect historic properties. Number of amendments and iterations in its regulations. Nhpa section 106 identifying resources video youtube. Nhpa section 106 has been implemented through regulations5 issued by the advisory council on historic preservation achp or advisory council, an independent agency established by nhpa section 201.
You may need a pdf reader to view some of the files on this page. Section 106 is a crucial component of the national historic preservation act of 1966 nhpa, which was established as a comprehensive program to preserve the historical and cultural. The other handbook, nepa and nhpa, a handbook for integrating nepa and section 106 which is the subject of this alert, was issued by ceq and the advisory council on historic preservation achp and explains how to coordinate nepa and the national historic preservation act nhpa section 106 processes to better integrate consideration of. Arguably, like most any fulltime hard working adult, there arent enough hours in the day to absorb all of the informative blogs and interesting articles regarding section 106 of the national historic preservation act nhpa of 1966 that traverse the intraweb. Other laws and regulations have been passed in the years since, producing a detailed set of procedures that have come to be. Section 106 of the national historic preservation act nhpa section 106 of the national historic preservation act of 1966 nhpa requires federal agencies to consider the effects of their actions on historic properties that are listed or meet the eligibility criteria for listing in the national register of historic places. The original wording requires only that federal agencies take cultural resources including archeological sites into account when planning grounddisturbing projects.
The checklist is based on the standards for developing environmental documents to comply with section 106 at 36 c. Council, began drafting a proposed nationwide agreement. Section 106 regulations text protection of historic properties 36 cfr part 800 incorporates amendments effective aug. The national historic preservation act nhpa requires federal agencies to consider the effects of their undertakings on historic properties in the united states, including the outer continental shelf and the exclusive economic zone section 106, 16 u.
National historic preservation act sections 106, 110. The blm consulted with indian tribes, the state historic preservation offices shpos from the six states, the advisory council on historic preservation achp, and. See epas about pdf page to learn more information regarding the section 106 process under the nhpa for the florence copper project pdf 8 pp, 64 k, 12052014. Aug 28, 2014 this video presentation provides an overview of the nhpa section 106 identification process. Frequently asked questions about nhpa section 106 and. Section 106 of the national historic preservation act nhpa. Section 106 of the nhpa is the most important part. Isbn 9781409838685 pdf, 90kb, 16 pages this file may not be suitable for users of assistive technology. National historic preservation act nhpa section 106 process. This video presentation provides an overview of the nhpa section 106 identification process. This chapter provides general direction to project leadersfield station managers and program staff for compliance with section 106 of the national historic preservation act nhpa also see 36 cfr 800 as it applies to identifying, evaluating, and categorizing cultural resources. The national historic preservation act as amended through december 16, 2016 and codified in title 54 of the united states code the national historic preservation act act became law on october 15, 1966, public law 89 665, and was codified in title 16 of the united states code. For additional documents related to this process, search the epa archive.
While the impetus for his essay was a sense of anxiety expressed by the historic preservation community in the face of a newly elected. Section 106 of the national historic preservation act requires federal agencies to take into account the effects of their undertakings on historic properties and afford the council a reasonable opportunity to comment on such undertakings. Below are a series of frequently asked questions about the cultural, historic, gis, and other services aac provides. Section 106 regulations advisory council on historic.
Section 106 of the national historic preservation act. It has been unclear to industry why the section 106 process is so inefficient but an understanding of the. Section 106 of the national historic preservation act nhpa requires federal agencies, including neh, to consider the effects of federally funded projects on historic properties and to afford the advisory council on historic preservation achp an opportunity to comment on such projects prior to the expenditure of any federal funds. Effectively managing the section 106 consultation process. Provide the name of the undertaking, street address if applicable, city, and county. This analysis includes the application of criteria of effect as outlined i n 36 cfr 800.
Historic preservation section 106 process flowchart for. In this regard, in 20 the achp released a handbook for integrating these lawsnepa and nhpa. The national historic preservation act was signed into law by lyndon b. An act to establish a program for the preservation of additional historic properties throughout the nation, and for other purposes, on october 15, 1966. The national historic preservation act nhpa is intended to protect and preserve historical and archeological sites within the united states. It requires that federal agencies take into account the impacts of their proposed actions and decisions on historic properties that is, places that are. The relevance of both related statutes to section 4f the differences between section 4f and sections 106 and 6f overview two statutes that are independent from, but related to, section 4f must be considered during section 4f compliancesection 106 of the nhpa of 1966, and section 6f of the lwcfa. Dec 16, 2015 arguably, like most any fulltime hard working adult, there arent enough hours in the day to absorb all of the informative blogs and interesting articles regarding section 106 of the national historic preservation act nhpa of 1966 that traverse the intraweb. Historic properties in this instance include both standing structures and archaeological resources. Section 106 of the nhpa requires federal agencies to consider the effects on historic properties of their actions or undertakings, and the actions they fund, permit, or license. Frequently asked questions about section 106 of the. National historic preservation act nhpa jack trope. Section 106 of the national historic preservation act section 106 of the national historic preservation act requires federal agencies to take into account the effects of their undertakings on historic properties.
Whereas, by memorandum dated august 28, 2009 attached as appendix b, doe delegated. Section 106 of the nhpa and the implementing regulations require federal agencies to take into account the effects that a proposed undertaking may hav e on historic properties in the ape. Section 106 of the national historic preservation act nhpa, as amended, requires federal agencies to consider the effects of proposed federal undertakings on historic properties. Section 106 of the national historic preservation act nhpa section 106 of the national historic preservation act of 1966 nhpa requires federal agencies to consider the effects of their actions on historic properties that are listed or meet the eligibility criteria for.
Local, state, and federal laws have been established to mitigate the loss of cultural resources on private and public lands. Whereas, section 106 of the national historic preservation act of 1966, as amended nhpa codified at 16 u. Effectively managing the section 106 consultation process complying with section 106 of the national historic preservation act requires careful planning, consultation with interested parties, and weighing of project alternatives to avoid or minimize damage to significant historic properties. National historic preservation act nhpa section 106.
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