Table of Contents
What does section 106 require?
What does Section 106 require? Section 106 requires Federal agencies to take into account the effects of their undertakings on historic properties and to provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment.
What triggers a Section 106 review?
Section 106 is triggered when a federal agency determines that it has a type of undertaking that has the potential to affect historic properties.
What is the first step in the Section 106 process?
Initiating Consultation: As the first step in the Section 106 process, the federal agency must determine if a proposed federal action is an undertaking with the potential to affect historic properties and, if so, initiate consultation.
What does section 106 of the National Historic Preservation Act?
Section 106 of the NHPA requires that each federal agency identify and assess the effects its actions may have on historic buildings. Under Section 106, each federal agency must consider public views and concerns about historic preservation issues when making final project decisions.
What is a 106 review?
The Section 106 review process gives you the opportunity to alert the federal government to the historic properties you value and influence decisions about projects that affect them. Section 106 requires federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties.
What is anticipatory demolition?
This provision, known as the “anticipatory demolition” section, is designed to prevent applicants from destroying historic properties prior to seeking Federal assistance in an effort to avoid the Section 106 review process.
How many basic steps are in the Section 106 compliance process?
four basic steps
The goal of the Section 106 process is to identify and avoid, minimize, or mitigate adverse effects on historic properties. The process has four basic steps: establish the undertaking, identify and evaluate historic properties, assess effects to historic properties, and resolve any adverse effects.
How long does a Section 106 review take?
30-day
The first reference to a 30-day review period appears in the Section 106 regulations at 36 CFR § 800.3(c)(4). This timeline applies to the interactions between the lead federal agency, State Historic Preservation Officer (SHPO), and/or the Tribal Historic Preservation Officer (THPO).
How long does a Section 106 agreement take?
Most LPAs take time to deal with Section 106 viability reports; the vetting and negotiation process is unlikely to be complete in less than 8 weeks. It is therefore important to begin addressing this as soon as possible in the planning process.
What does a Shpo do?
According to the National Conference of State Historic Preservation Officers[1], a SHPO is “an appointed official who is responsible for spearheading state preservation initiatives and help carry out the nation’s historic preservation program.” Whether the SHPO is (1) guiding citizens through the process of listing …
Is the National Historic Preservation Act still in effect?
The National Historic Preservation Act turned 50 in 2016. The law is perhaps the nation’s most important advocate for the past.