NHPA, Section 106, and NEPA

1
NHPA, Section 106, and NEPA

• Highlights and Misconceptions

2
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.

3
NHPA Policy

• 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.

4
NHPA Policy-continued

• 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.

5
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.

6
Scope-continued

• 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.

7
Scope-continued

• 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.

8
Our Beloved Section 106

• 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.

9
Section 110

• 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.

10
Section 112

• 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.).

11
Other Relevant Sections

• 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.

12
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.

13
NEPA Reporting

• 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.

14
Types of Reports Under NEPA

• 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.

15
NEPA Process Coordinated with Section 106 Review
16
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

17
Identification of Resources and DOE

• Application of Criteria of Eligibility (36 CFR
  60.4).
• Is there disagreement between the SHPO and the
  Agency? Go to the Keeper!

18
Assessing Effects/Consultation

• 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.

19
Section 106 Diagrammed