General Rules for NEPA-Section 106 Coordination. Historic Properties: A Citizen’s Guide to Section 106 Review,” 4 See 36 C.F.R. In this document, the Council on Environmental Quality (CEQ) and the Advisory Council on Historic Preservation (ACHP) provide advice to Federal agencies, applicants, project sponsors, and consultants on how to take advantage of existing regulatory provisions to align the NEPA process and the National Historic Preservation Act (NHPA) Section 106 review process. 4. 5 Public Law 93–288, as amended, codified at 42 U.S.C. Section 106 of the NHPA also allows for the use of Program Alternatives to tailor compliance, potentially streamlining Section 106 evaluations for commonly encountered categories of historic resources. Navigate; Linked Data; Dashboard; Tools / Extras; Stats; Share . Section 106 of the National Historic Preservation Act (NHPA) Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to consider the effects of their actions on historic properties that are listed or meet the eligibility criteria … View Section 106 regulations (PDF file). Educate stakeholders on the benefits of integrating, through coordination or substitution, the NEPA and Section 106 processes. The regulations that implement Section 106, Protection of Historic Properties (36 C.F.R. The NHPA regulations encourage streamlined consideration of the impact of federal projects on historic resources under Section 106 and under NEPA. ... comply with Section 106 and Section110 requirements in ongoing implementation over the life of the modernization program. A. Mail The purpose of this final ISG is to assist the staff in conducting the Section 106 consultation process of the National Historic Preservation Act of 1966 (NHPA) for uranium recovery licensing actions. For clarity, some additional text not specifically related to cultural resources (such as definitions related to impacts and general information pertaining to cumulative impacts) is provided. (a) Section 106 of the National Historic Preservation Act, as amended (16 U.S.C. Read the text of the NHPA (PDF file). Arguably, like most any full-time hard working adult, there aren’t enough hours in the day to absorb all of the informative blogs and interesting articles regarding Section 106 of the National Historic Preservation Act (NHPA) of 1966 that traverse the “intra-web.” So no surprise, I recently came across a blog a mere 6 months after its initial posting that immediately grabbed my attention. § 470f). § 800.14(b). Whereas, Section 106 of the National Historic Preservation Act of 1966, as amended (“NHPA”) (codified at 16 U.S.C. Section 106 of NHPA requires Federal agencies to enter a four-step review process to consider the effects of its actions on historic properties. This guidance provides criteria for consideration in selecting and initiating judicial actions under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). Goals • Establish the primary components ... for compliance with NHPA Sections 106 and 110 for shipyard modernization actions at the public shipyards and future IMFs, as applicable. Section 106: A Quick Overview and SHPO’s Role in the Process. Part 800), encourage agencies to plan Section 106 consultations coordinated with other requirements … certain Section 106 responsibilities to the applicant, add a specific recital that states what aspects of the consultation process the applicant will be conducting. Section 120 states the general principle that Federal agencies must comply with substantive and procedural CERCLA requirements to the same extent as private entities and are subject to § 107 liability. (a) Section 106 of the National Historic Preservation Act, as amended (16 U.S.C. Section 106 review also can in compliance with Section 4(f) of the assist Department of Transportation Act as it … Programmatic Agreement for the State of New York, Section 106 of the NHPA (February 2013) The Federal Emergency Management Agency (FEMA) is entering into a Statewide Programmatic Agreement for New York, pursuant to 36 CFR Part 800, regulations implementing Section 106 the National Historic Preservation Act of 1966 (as amended). This ISG is primarily intended for the NRC staff and does not … FHWA and State Departments of Transportation (“State DOTs”) were concerned that without appropriate provisions in place, such a designation could present an inordinate administrative burden under the provisions of Section 106 of the NHPA and Section 4(f) of the Department of Transportation Act (“Section … Develop comprehensive planning schedules and chapter 68. the preservation review process established by section 106 (16 U.S.C. 306108, Section 106 of NHPA granted legal status to historic preservation in federal planning, decision-making, and project execution. Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects of their undertakings on historic properties and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. The Advisory Council on Historic Preservation oversees the Section 106 review process, which federal agencies must follow to comply with the NHPA. concepts for integrating NEPA and Section 106 compliance procedures: Begin integration of NEPA and Section 106 processes early—the earlier it begins, the better it works. See also the ACHP letter of December 17, 2013, designating the FEMA PPA and … The center of federal agency responsibilities under the NHPA can be found in sections 106 and 110 of the Act. NATIONAL HISTORIC PRESERVATION ACT (NHPA) Pursuant to sections 106 and 110(f) of NHPA, the lead agency is required to take into account the effects of CERCLA response actions on any historic properties included on, or eligible for inclusion on the National Register of Historic Places. The preservation community and industry continues to use the original Section names when referring to key provisions o the original Act. Archaeological Resources Protection Act (1979) Section 106 of the National Historic Preservation Act of 1966 (NHPA) ensures that federal agencies take preservation values into consideration when they propose a project that may affect historic properties. The guidance also identifies and discusses issues that should be considered in preparation of a section 106 referral to the Department of Justice. § 470). In the process, some text was changed and various provisions were re-ordered. staff’s documentation of its consultation activities pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA). Section 106 (16 U.S.C. § 470f) requires federal agencies having direct or indirect jurisdiction 6 See PPA text online. The regulations allow the preparation of an environmental assessment or EIS under NEPA in lieu of the NHPA Section 106 review process, but only Section 106 requires each federal agency to identify and assess the effects of its actions on historic resources. Section 2: (54 U.S.C. 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): Early coordination. Describe the Undertaking and the nature of federal involvement; state that the agreement is being developed pursuant to Section 106 of the NHPA of 1966, as amended, 54 U.S.C. In 2014, the codified law for the National Historic Preservation Act was moved from Title 16 to Title 54. environmental reviews, such as Section 106 of NHPA (Section 106). Section 106 of the National Historic Preservation Act of 1966 requires the Federal Communications Commission (FCC) to take into account the effects of its proposed undertakings on historic properties. Services . 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. 300101) Section 106 of the NHPA requires that a federal agency, prior to the issuance of a license or permit, take into account the effect of that undertaking on historic properties, including properties to which federally recognized Indian tribes and Native Hawaiian Organizations ("NHOs") attach religious or cultural significance (16 U.S.C. Click to add text Click to add text. NHPA/Section 106 Consultation. 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. Section 106 of the National Historic Preservation Act (NHPA) that federal agencies give ... and throughout Part II of the Handbook in green text boxes. Social. These undertakings typically include projects, activities, or programs that require a permit, a license, or approval from the FCC. 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