Understanding Section 106 of the National Historic Preservation Act
Learn about the significance of Section 106 in the National Historic Preservation Act, which requires federal agencies to consider the impact of their undertakings on historic properties. Discover the consultation process and exceptions under this important section.
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Presentation Transcript
National Historic Preservation Act Presentation 2 Section 106 Overview
Section 106 Most important section The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted 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 any 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 that is included in or eligible for inclusion in the National Register. The head of any such federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.
What does Section 106 require? Requires federal agencies to take into account the effects of their undertakings on historic properties, and Afford the Advisory Council a reasonable opportunity to comment How? What does take into account mean? The regulations specify a process of consultation with consulting parties: SHiPO THPO Indian Tribes, Native Hawaiian organizations, and Native Alaskan Applicants Local governments The Public Consultation means sympathetic consideration , not just notification and review Section 106 mandates a process: it is entirely procedural and never dictates a particular outcome The regulations at 36 CFR 800 implement Sec. 106 We will discuss the regulations anon
What does Sec. 106 NOT require? Does not apply to private citizens, corporations, states, local governments, or private property Never requires preservation of any particular thing or site Federal agency always retains discretion to carry out their undertakings regardless of the effect on historic properties Broad exceptions for life, property, disasters, emergencies, etc
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