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with Section 106 ACHP
Case Digest
Spring 2002
Case
Digest, Spring 2002
Protecting Historic Properties: Section 106 in Action
Introduction
and Criteria for ACHP Involvement
California:
Development of the Medicine Lake Highlands
Georgia:
Construction in Savannah Historic District
Hawaii:
Redevelopment of Ford Island at Pearl Harbor
Nebraska:
Construction of Beltway Around Lincoln
New Mexico:
Widening of US 70 Highway, Lincoln County
New
Mexico and Arizona:
Construction of Fence Lake Mine
New
York:
Transfer of Ownership of Governors Island,
New York City
Treatment of the Mechanicsville Hydroelectric
Plant
South
Dakota, North Dakota, Montana, and Nebraska:
Transfer of Federal Land and the Operation
of Missouri River Dams and Reservoirs
Introduction
Section 106 of the National Historic Preservation
Act (NHPA) 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 conducts this process in consultation with State Historic
Preservation Officers, representatives of Indian tribes and Native Hawaiian
organizations, the Advisory Council on Historic Preservation, and other
parties with an interest in the issues.
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 involvement of ACHP. However, a considerable number
of cases present issues or challenges that warrant the attention of ACHP.
The specific criteria for ACHP involvement in reviewing
Section 106 cases are set forth in Appendix A
of ACHPs regulations. In accordance with those criteria, ACHP is
likely to enter the Section 106 process when an undertaking:
- has substantial impacts on important historic properties (Criterion
1);
- presents important questions of policy or interpretation (Criterion
2);
- has the potential for presenting procedural problems (Criterion 3);
and/or
- presents issues of concern to Indian tribes or Native Hawaiian organizations
(Criterion 4).
This report provides information on a small but representative cross-section
of undertakings that illustrate the variety and complexity of Federal
activities in which ACHP is currently involved. It shows the ways that
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 for public participation
to achieve the best possible preservation solution.
In addition to this report, ACHPs Web site contains a useful
library of information about ACHP and
Section 106 review.
Posted July 15, 2002
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