Section 1 of the national historic preservation act, pub. Managing your environmental responsibilities section xiii. How it works congressional research service 1 introduction the national historic preservation act nhpa is expansive legislation. This is additional information relating to thc tracking numbers. Section 106 of the national historic preservation act andor the antiquities code of texas. The 2014 pa incorporates caltrans role as national environmental policy act. Take into account the effects of the undertaking on historic properties. Section 106 of the national historic preservation act nhpa. Nepa and nhpa advisory council on historic preservation. Required process for federal agencies to consider the. Section 106 of the nhpa requires that each federal agency identify and assess the effects its actions may have on historic buildings. 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 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. The national historic preservation act nhpa is intended to protect and preserve historical and archeological sites within the united states. The center of federal agency responsibilities under the nhpa can be found in. 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. A pdf of 36 cfr part 800 can be downloaded from the section 106. Section 106 establishes a consultation process that federal agencies must follow before taking or approving actions that have the potential to affect historic properties. The regulations that implement section 106, protection of historic properties 36 c. It requires that federal agencies take into account the impacts of their proposed actions and. This analysis includes the application of criteria of effect as outlined i n 36 cfr 800. The handbook is designed to as an introduction to serve. National historic preservation act of 1966, as amended. An act to establish a program for the preservation of additional historic properties throughout the nation, and for other purposes, approved october 15, 1966 public law 89665. Section 106 resources blm eplanning bureau of land. Subsequent amendments to the act include public law 91243, public law 9354, public law 94422, public law 94.
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. National historic preservation act of 1966, as amended through 2000 with annotations this act became law on october 15, 1966 public law 89665. Preservation act nhpa and section 106 requirements under the. Both historic property and undertaking have specific meanings under the statute. After preparation of the technical memorandum and cultural resources survey, mry eliminated some of the roads on the east side of mry from the project, resulting in a slightly smaller ape. Comprehensive environmental response, compensation, and liability act. Section 106 requires federal agencies to consider the effects of their actions on.
Section 106 of nhpa prior to the approval of the expenditure of any federal funds on an undertaking, the nrcs must. Section 106 consultation if a project funded by federal emergency management agency fema has the potential to affect an historic property, fema is required to initiate a section 106 consultation. Section 106 national historic preservation act evaluation form. Besides creating programs to study and protect historic places at. 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. If the site does not meet the nrhp eligibility criteria, it would still need to be considered under eo 07 and airfa through the nepa analysis, but not under the nhpa. Federal funding or permitting of a project may constitute an undertaking under the nhpa. Section 106 regulations advisory council on historic. This law applies to projects both on and off federal lands. The faa had deferred initiating nhpa, section 106, consultation as the mpad was finalizing the components of this project. Introduction and purpose of this guidance section 106 of the national.
The national historic preservation act of 1966 was passed primarily to acknowledge the importance of protecting our nations heritage from rampant federal development. The national historic preservation act section 106 environmental questionnaire nhpa section 106 eq is intended topture ca the appropriate information for each proposed site andcluded route in in the application as well as the overall project in the proposed funded. Chapter 6 effects application of criteria of adverse effect. The alternatives under consideration are titled alternative a, b, d, and f.
The section 106 process seeks to accomodate historic preservation concerns with the needs of federal undertakings through consultation among. Cultural resources management for usepa personnel, july. Tribal lands and environment forum tulsa, oklahoma august 2017 nhpa principal provisions section 101. Section 106 section 106 of the nhpa requires federal agencies to consider the effect of federal undertakings on properties included or eligible for inclusion in the national. Subpart apurposes and participants made during the section 106 process. How to comply with section 106 of the national historic. 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.
National historic preservation act sections 106, 110. Issuance of guidelines for the development of historic. National historic preservation act of 1966, as amended 16 usc 470470t, 110 national park service organic act of august 25, 1916 16 usc 14, 22, 43 native american graves protection and repatriation act of 1990 25 usc 300. 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. Section 106 section 106 of the nhpa requires federal agencies to consider the effect of federal undertakings on properties included or eligible for inclusion in the national register the nhpa defines an undertaking to include, among other things, projects requiring a federal permit, license, or. Under section 106, each federal agency must consider public views and concerns about historic. Section 106 is the portion of the national historic preservation act nhpa that is concerned with federal undertakings.
Section 106 of nhpa requires federal agencies to account for the effects of their undertakings on historic properties and to afford the advisory council on historic preservation achp a reasonable opportunity to comment with regard to such undertakings. Historic properties in this instance include both standing structures and archaeological resources. Section 106 requires all federal agencies to take into account the effects of their actions on historic properties, and provide a reasonable opportunity to comment on those actions and the manner in which federal. This document s hows the provisions of the act a s they now a ppear i n title. Thlfs years after passage of the national historic preservation act of 1966 nhpa, federal law clearly reflects the nations conullitment to preserving and.
As such, section 106 requires all federal agencies to take into consideration the effect of. Section 106 of the nhpa requires federal agencies to enter a 4step consultation process if historic properties may be affected by a federal. An introduction to section 106 advisory council on. It was the triumph of more than a century of struggle by a grassroots movement of committed preservationists. Overview of section 106 section 106 of the national historic preservation act requires all federal agencies to take into account the effects of their undertakings on historic properties. Section 106 of the national historic preservation act. Environmental issues in transportation law committee. Section 106 of nhpa is crucial to that program, because it requires consideration of historic preservation in the multitude of federal actions that take place nationwide and throughout new hampshire.
Section 106 of the national historic preservation act requires federal agencies to take into account the effects of their undertakings on historic. Nepa and nhpa handbook for integrating nepa and section 106. The ahpp does not approve projects, but provides technical assistance to federal agencies and is afforded the opportunity to comment on federal undertakings as set forth in 36 cfr part 800. Nhpa mandatory regardless if property is located on tribal lands section 106 requirements may but are not always performed under nepa see 40 c. Project name project address project city project zip codes project county or counties project type check all that apply. A memorandum of agreement is used to resolve adverse effects to historic properties and conclude. Section 106 process sc department of archives and history. Section 106 consultation, assessment of effects september 21, 2017 page 1 of 10 south mall campus master plan assessment of effects this document provides an assessment of effects for the alternatives under consideration for the south mall campus master plan. The achp does not routinely participate in section 106 consultation for individual projects, but the achp has the right to do so and can submit. National historic preservation act of 1966 16usc470. National historic preservation act, section 106 a quick guide for preserving native american cultural resources what is section 106. Part 800, encourage agencies to plan section 106 consultations coordinated with other requirements of other statutes, as applicable, such as nepa. Preservation act of 1966, as amended through 2006 with annotations.
Managing superfund cleanups with national historic. Section 106 of the national historic preservation act nhpa that federal agencies give consideration to the effects of actions on historic propertiestheir in the most meaningful and efficient way possible. The purpose of section 106 of the nhpa is to achieve a balance between preservation of our nations heritage and the development activities that are necessary to maintain and improve our standard of living 3. The national historic preservation act advisory council on historic. Section 106 handbook federal aviation administration.
Section 106 of the national historic preservation act nhpa requires requires federal agencies to take into account the effects of their undertakings on historic properties listed in or eligible for listing in the national register of historic places. Section 106 of the nhpa requires that each federal agency identify and assess the effects. 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. Guidelines for the development of historic properties management plans for ferc hydroelectric projects may 20, 2002 i. Section 106 of the national historic preservation act of 1966 nhpa requires federal agencies to consider the effects on historic properties of projects they carry out, assist, fund, permit, license, or approve throughout the country. State the location of the project, including the street address if applicable or legal description quarter section, township, and range. As part of that mission, nhpas section 106 requires federal agencies to take into account the effect of their undertakings on any historic property. 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.
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