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Working with Section 106 ACHP Case Digest
Fall 2004
Case
Digest, Fall 2004 Protecting Historic Properties: Section 106
in Action Introduction
and Criteria for ACHP Involvement Arizona:
Review of the Glen Canyon Dam Programmatic Agreement
District of Columbia:
Redevelopment of the Armed Forces Retirement Home-Washington District
of Columbia: Renovation of the Old Patent Office Building District
of Columbia: Update: Transfer of the Southeast Federal Center Minnesota
and Wisconsin: Update: Construction of a New Crossing Over the St. Croix River
New
Jersey: Rehabilitation of Portions of Fort Hancock, Sandy Hook New
Mexico: Construction of a Wireless Telecommunications Tower, Taos South
Dakota: Widening of Route 4, Crow Creek Reservation, Buffalo County Virginia:
Development of the Grounds of Rippon Lodge, Prince William County Wyoming:
Development of a Cell Tower in Old Faithful Historic District, Yellowstone National
Park Nationwide:
Development of a Programmatic Agreement for National Forest Recreational Residences
Introduction
Section 106 of the National Historic Preservation Act requires Federal agencies
to consider historic preservation values when planning their activities. In the
Section 106 process, a Federal agency must identify affected historic properties,
evaluate the proposed actions effects, and then explore ways to avoid or
mitigate those effects. The Federal agency often conducts this process with
the Advisory Council on Historic Preservation (ACHP), State Historic Preservation
Officers, representatives of Indian tribes and Native Hawaiian organizations,
and other parties with an interest in the issues. Sometimes a Programmatic
Agreement (PA) or a Memorandum of Agreement (MOA) is reached and signed by the
projects consulting parties. A PA clarifies roles, responsibilities, and
expectations of all parties engaged in large and complex Federal projects that
may have an effect on a historic property. An MOA specifies the mitigation measure
that the lead Federal agency must take to ensure the protection of a property's
historic values. Each year thousands of Federal actions undergo Section
106 review. The vast majority of cases are routine and resolved at the State or
tribal level, without the ACHP's involvement. A
considerable number of cases, however, present issues or challenges that warrant
the ACHPs attention. The criteria for ACHP involvement in reviewing Section
106 cases are set forth in Appendix A of the ACHPs regulations. In accordance
with those criteria, the ACHP is likely to enter the Section 106 process when
an undertaking: - has substantial impacts on important historic properties;
- presents important questions of policy or interpretation;
- has
the potential for presenting procedural problems; and/or
- presents issues
of concern to Indian tribes or Native Hawaiian organizations.
This report
presents a representative cross-section of undertakings that illustrate the variety
and complexity of Federal activities in which the ACHP is currently involved.
It illustrates the ways the Federal Government influences what happens
to historic properties in communities throughout the Nation, and highlights the
importance of informed citizens to be alert to potential conflicts between Federal
actions and historic preservation goals, and the necessity of public participation
to achieve the best possible preservation solution. In addition to this
report, ACHPs Web site contains a useful library of information about the
ACHP, Section 106 review, and the national historic preservation program.
Posted December 17, 2004 Return to Top |