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Working with Section 106 ACHP
Case Digest Summer 2004
Case
Digest, Summer 2004
Protecting Historic Properties: Section 106 in Action
Introduction
and Criteria for ACHP Involvement
California:
Update: Demolition of the East and West Wings of the Naval Postgraduate
School, Monterey
District
of Columbia:
Transfer of the Southeast Federal Center
Kansas:
Replacement of the Amelia Earhart Memorial Bridge, Atchison
Nevada:
Landscaping of the Bureau of Reclamation Regional Office, Boulder City
New
Jersey:
Development of Revolutionary War Battlefield, Edison (closed case)
Pennsylvania:
Demolition of St. Mary's Roman Catholic Church, Somerset County
Puerto
Rico:
Rehabilitation of Defensive Walls, San Juan National Historic Site
(closed case)
Nationwide:
Development of a Programmatic Agreement for the Interstate Highway System
Nationwide:
Implementation of the Department of Veterans Affairs CARES Plan
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 in consultation 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 sets forth a tailored process to guide how an agency meets the requirements
of Section 106, while an MOA provides specific mitigation measures for
an agencys project.
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 the ACHP. However, a considerable number
of cases present issues or challenges that warrant the ACHPs attention.
The specific 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 (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 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
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 the ACHP, Section
106 review, and the national historic preservation
program.
Updated August 6, 2004
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