Section 101(a): Established the National Register of Historic Places. NHPA Section 106 Consultation . Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic properties. Specifically, a state or local government may not unreasonably discriminate among providers of functionally equivalent services, may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, must act on applications within a reasonable per… Section 101(a): Established the National Register of Historic Places. Prior to issuing a decision to fund the Daniel K. Inouye Solar Telescope (DKIST) (formerly known as the Advanced Technology Solar Telescope Project), the National Science Foundation (NSF) completed a review pursuant to the National Historic Preservation Act (NHPA). National Historic Preservation Act of 1966 (as amended) •Established the National Register of Historic Places. Consultation to resolve adverse effects should be coordinated with public comment on the DEIS, with the results reported in the final EIS (FEIS). authorized them to develop implementing regulations. Archaeological resources and sites on public lands and Indian lands. Whether such extraordinary circumstances are found to exist based on historic property impacts will depend on the severity of the impacts and what the agency's NEPA procedures say, but even if no further review is required under NEPA, Section 106 review must be completed. If there would be an adverse effect on one or more historic properties, the federal agency would be required to consider ways to alter the undertaking to avoid or reduce that effect. authorized them to develop implementing regulations. Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects of Federal “undertakings” on historic properties that are either listed on, or eligible for listing on, the National Register of Historic Places. If NHPA requirements are applicable to your project, these requirements must be met before and possibly during con struction activities. 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. A project that has the potential to affect a historic property and is funded by the Federal Emergency Management Agency (FEMA), is considered a federal undertaking or project. further obligations under the Section 106 regulations. authorized them to develop implementing regulations. 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 Regulations Section 106 Regulations Text "Protection of Historic Properties" (36 CFR Part 800) Incorporates amendments effective Aug. 5, 2004. In addition to the views of the agency, the SHPO and the ACHP, input from the general … 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 agencies are taking historic properties into account in their decisions. 36 CFR Section 800.8 (c) of the NHPA Section 106 regulations allows "use of the NEPA process for Section 106 purposes." § 800.8. Determining adverse effects on historic resources is based on criteria established by the regulations, 36 CFR Part 800 of the ACHP. The ACHP defines and provides general oversight of the Section 106 review process as specified in the NHPA. . Unique characteristics of the geographic area such as proximity to historic or cultural resources (40 CFR 1508.27(b)(3)). •Established a required review process which is now commonly known as “106 … Agency Officials should ensure that preparation of an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) and an EIS and Record of Decision (ROD) includes appropriate scoping, identification of historic properties, assessment of effects upon them, and consultation leading to resolution of any adverse effects. § 4321, et seq., The Section 106 regulations (36 CFR 800) place particular emphasis on consultation with THPOs, Tribes, and NHOs. Under this subsection, an agency can use the NEPA process and the documents it produces "to comply with Section 106 in lieu of the procedures set forth in Secs. Box 1702, Alexandria, VA 22313. web design and development by new target, inc. NEPA and Section 106 of the National Historic Preservation Act, Continuing Education and Professional Training, Historic Property Management and Design Considerations, Early coordination. So complying with Section 106 does not guarantee that all impacts on all cultural resource types have been addressed in NEPA analysis. 11(The Section 106 regulations also allow an agency to substitute the NEPA process for Section 106 review;12however notice must be provided to the ACHP and the SHPO/THPO in advance.) 470(f)) (NHPA), requires the Commission to take into account the effect of a proposed project on any historic property and to afford the Advisory Council on Historic Preservation (Council) an opportunity to comment on projects if required under 36 CFR 800. The Section 106 regulations encourage agencies to coordinate NEPA and Section 106 compliance. (36 CFR 800.8(a)(1)), Inclusion of historic preservation issues. . . As part of its compliance with NHPA section 106 and its implementing regulations (36 CFR part 800), BOEM seeks public comment and input regarding the identification of historic properties or potential effects to historic properties from the activities proposed under the COP. NHPA Section 106 Consultation . Under Section 106, each federal agency must consider public views and concerns about historic preservation issues when making final project decisions. Federal agencies must consult THPOs, Tribes, … Prior to the NHPA being enacted, it was not uncommon for nationally significant historic resources to be irreversibly damaged or destroyed by many federal undertakings. The regulations for Section 106 permit the Agencies to integrate Section 106 compliance with the NEPA process. Section 106 of the National Historic Preservation Act (NHPA) is one of the federal regulations that most commonly affects development projects. The "NEPA and NHPA: Handbook for Integrating NEPA and Section 106 Reviews" was informed by views and comments from a working group of NEPA and NHPA Section 106 practitioners, as well as comments from drafts circulated among them and the Federal preservation community. The Section 106 regulations clearly state that integrating the Section 106 compliance process with NEPA does not waive Agency obligations under either law. The views of the public are essential to informed federal decision making in the Section 106 process. 11(The Section 106 regulations also allow an agency to substitute the NEPA process for Section 106 review;12however notice must be provided to the ACHP and the SHPO/THPO in advance.) Scoping, identification, and assessment of effects should be done during the analysis leading to the draft EIS (DEIS), and the results should be presented in the DEIS. While the regulations do permit the Agencies to take advantage of the NEPA process, the Agencies must still adhere to the fundamental direction for compliance with Section 106. Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic properties. Share sensitive information only on official, secure websites. The Advisory Council on Historic Preservation's (ACHP's) Section 106 of the National Historic Preservation Act (NHPA) regulations (36 CFR 800) prescribes the following for the consideration of historic properties under National Environmental Policy Act (NEPA): 1. The Section 106 review process is an integral component of the National Historic Preservation Act (NHPA) of 1966. NEPA and Section 106 implementation are overseen by Federal agencies that have promulgated regulations implementing the statutory procedures. Section 106 is related to other provisions of the act designed to further the national policy of historic preservation. Section 106: Established a required review process to protect resources which is now commonly known as The steps in the ACHP regulations (e.g., 36 CFR 800.2 to 800.6) will proceed as necessary to conclude the Section 106 review for the proposed permit activity. Under this subsection, an agency can use the NEPA process and the documents it produces Section 106 of the NHPA requires the FDIC to consider, prior to acting on a covered application, the effect of the undertaking on a “historic property,” which the NHPA defines as historic any Within GSA, Section 106 is managed by the Regional Historic Preservation Officer (RHPO). 1. Under this subsection, an agency can use the NEPA process and the documents it produces "to comply with Section 106 in lieu of the procedures set forth in Secs. Section 106 has four basic steps. 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