Transcript NHPA, Section 106, and NEPA Highlights and Misconceptions RECAP: NHPA Purpose  “. .

NHPA, Section 106, and
NEPA
Highlights and Misconceptions
RECAP: NHPA
Purpose
 “. . .the increased knowledge of our historic
resources, the establishment of better means
of identifying and administering them, and the
encouragement of their preservation will
improve the planning and execution of
Federal and federally assisted projects and
will assist economic growth and development.
NHPA Policy
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Provide financial and technical assistance.
Provide leadership in the preservation of the
prehistoric and historic resources and in the
administration of the national preservation program.
Administer federally owned, administered, or
controlled prehistoric and historic resources in a
spirit of stewardship for future generations.
Contribute to the preservation of nonfederally owned
prehistoric and historic resources.
NHPA Policy-continued
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Encourage public and private preservation and
utilization efforts.
Assist State and local governments, Indian
tribes and Native Hawaiian organizations, and
the National Trust for Historic Preservation to
expand and accelerate their historic
preservation programs.
NHPA Scope (Sec.of the Interior)
Section 101
 Authorize the National Register of Historic Places.
 Administer National Historic Landmarks (NHL)
 Ensure that significant prehistoric and historic
artifacts and associated records are deposited in an
institution with adequate long-term curational
capabilities.
 Review significant threats to properties included in,
or eligible for inclusion in, the National Register.
Scope-continued
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Revise regulations for State Historic Preservation
Programs and evaluate programs periodically.
Require SHPO consultation with Federal agencies.
Certification of local and State governments and
Indian preservation programs.
Include the properties of traditional religious and
cultural importance.
Administer a matching grants-in-aid program.
Scope-continued
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Develop and implement a comprehensive
preservation education and training program.
Promulgate guidelines for Federal agency
responsibilities under Section 110.
Develop professional standards.
Provide training in and information concerning
professional methods and techniques for the
preservation of historic properties and for the
administration of the historic preservation program
at the Federal, State, and local level.
Our Beloved Section 106
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“The head of any Federal agency having direct or
indirect jurisdiction over a proposed undertaking in
any State and the head of any Federal department or
independent agency having authority to license any
undertaking shall prior to the approval of the
expenditure of Federal funds on the undertaking or
prior to the issuance of any license, as the case may
be, take into account the effect of the undertaking on
any district, site, building, structure, or object this is
included in or eligible for nomination to the National
Register.”
Section 110
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Feds establish a preservation program.
Historic properties should be used as much as
possible rather then construct or acquire new
buildings.
Feds should protect historic properties and comply
with Section 106.
Applicability of NEPA.
No assistance to applicants who intend to create an
adverse effect.
Section 112
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For protection of historic and archaeological
resources: (1) actions by agency employees or
contractors must meet professional standards;
(2) must maintain databases and provide
access.
For owners of properties to preserve historic
resources on eligible properties (provide
information on protection, encourage
preservation, etc.).
Other Relevant Sections
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Section 111: preservation of properties by alternate
uses, leases, or exchange.
Section 201: establishes the Advisory Council on
Historic Preservation.
Section 211: Council promulgate rules and
regulations for Section 106 and involve local
government participation.
Section 302: authorizes Federal expenditure of
funds.
Section: 304: confidentiality of the location,
character, or ownership of historic resources.
National Environmental Policy Act of
1969, as amended (42 USC 4371)
Policy and Goals:
 “Continuing responsibility of the Federal
Government to use all practical means to improve
and coordinate Federal plans, functions, programs,
and resources.”
 “Preserve important historic, cultural, and natural
aspects of our national heritage, and maintain,
wherever possible, an environment which supports
diversity and variety of individual choice.”
NEPA Reporting
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Utilize a systematic, interdisciplinary
approach.
Give environmental values appropriate
consideration in decision making.
Detail environmental impacts, adverse
environmental effects, alternatives, and any
irreversible and irretrievable commitments of
resources.
Types of Reports Under NEPA
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Environmental Assessments (EA) Determine
whether a project constitutes a MFASAQHE (“major
federal actions significantly affection the quality of
the human environment”).
Environmental Impact Statement (EIS). Detailed
analysis of impacts.
Categorical Exclusions (CATEX). Actions that are
routinely excluded because of their unlikelihood of
affecting the environment adversely.
NEPA Process Coordinated with
Section 106 Review
Back to Section 106: How do we
know if we have an undertaking?
Does the project have the potential to “adverse
effects” on historic properties?
Identification and Scoping (“Phase I”)
 Definition of the Area of Potential Effect
(APE) (direct and indirect effects).
 Background research (may include archival
and inventory record search).
 Field survey
Identification of Resources and DOE
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Application of Criteria
of Eligibility (36 CFR
60.4).
Is there disagreement
between the SHPO and
the Agency? Go to the
Keeper!
Assessing Effects/Consultation
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Undertaking will have not effect; SHPO and Agency
concur.
Undertaking will have no adverse effect (NAE);
SHPO/Agency concur.
Undertaking will have an adverse effect; leads to
negotiating mitigation.
Dealing adverse effects require the preparation of a
Memorandum of Agreement (MOA).
If there is no MOA, ACHP must comment.
Section 106 Diagrammed