And now:Ish <[EMAIL PROTECTED]> writes:
Date: Thu, 05 Aug 1999 20:24:07 -0500
From: nokwisa <[EMAIL PROTECTED]>
Forward originally Sent by:
Larry Kibby
Advisory Council on Historic Preservation
Issues Revised Section 106 Regulations
May 18, 1999, Washington, DC—The Advisory Council on Historic Preservation has issued
revised Federal regulations implementing Section 106 of the National Historic
Preservation Act (NHPA), which spells out the Federal Government’s protective process
for the Nation’s historic properties.
The revised regulations were published in the Federal Register (64 FR 27043-27084) on
May 18, 1999, and go into effect June 17, 1999. Published simultaneously is Council
guidance for treating certain kinds of archeological sites in the Section 106 process.
This Web site contains information about how to apply the revised regulations,
including a summary, highlights of major changes, questions and answers about making
the transition, and a flow chart illustrating the new Section 106 process. For
specific questions about the regulations, call the regulations hotline at (202)
606-8508, or e-mail [EMAIL PROTECTED]
The Council has also scheduled a series of free, one-day briefing sessions for
experienced practitioners of Section 106 review. These briefing sessions, to be held
nationwide this summer and fall, will focus on the changes to the Section 106 review
process created by the new regulations. Please visit our news page on Education and
Training for more information and to register.
An independent Federal agency, the Council was created by NHPA in 1966. It serves as
primary policy advisor to the President and Congress on historic preservation matters
and administers the Section 106 review process, which requires Federal agencies to
take into account the impact of their actions on historic properties and provide the
Council with an opportunity to comment. The Council last revised its regulations in
1986.
Major changes
The new regulations significantly modify the Section 106 review process, introducing
new streamlining while incorporating statutory changes mandated by the 1992 amendments
to NHPA. The regulations:
give greater deference to decisions made by Federal agencies and State Historic
Preservation Officers (SHPOs); focus Council actions on larger issues such as
monitoring Federal preservation program trends and overall performance; define and
strengthen roles of Indian tribes and other Native Americans; recognize the role of
applicants; and encourage early compliance.
The revised regulations also encourage Federal agencies to integrate Section 106
review with reviews required under the National Environmental Policy Act (NEPA) and
other laws. Specific provisions now allow agencies to use information and analyses
prepared for one law to meet the requirements of another.
The Section 106 process explained
Federal actions which may affect historic properties listed in or eligible for listing
in the National Register of Historic Places trigger some 3,000 Council reviews
annually, and thousands more are reviewed by SHPOs. Typical Federal actions that
affect historic properties include construction for transportation or other public
works, Federal land management programs, urban revitalization, military base closures,
Federal property management, and various Federal permitting and licensing processes,
among many others.
In simple terms, the Section 106 review system works as follows: Federal agencies
identify historic properties their actions could affect; determine whether there could
be a harmful or adverse effect, and if so, try to avoid or reduce it. The Federal
agency consults with the SHPO, and in many cases the Council, to accomplish the goal.
This consultation process normally results in a legally binding agreement document
that spells out how the historic property will be treated to avoid or reduce potential
harm.
The principles of the existing review system remain fundamentally unchanged by the
regulatory revisions, but many revisions and refinements cumulatively improve the
operation of the Section 106 process.
About the Council
Cathryn Buford Slater of Little Rock, Arkansas, chairs the Council whose membership
includes four historic preservation experts, four citizen members, a Native Hawaiian,
a governor, a mayor, and heads of four Federal agencies, all appointed by the
President. The Secretaries of Interior and Agriculture, the Architect of the Capitol,
the president of the National Conference of State Historic Preservation Officers and
the chairman of the National Trust for Historic Preservation round out the Council's
membership. John M. Fowler is the Executive Director of the Council, which is
headquartered in Washington, DC, with an office in Denver, Colorado.
Sent by:
Larry Kibby
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine
of international copyright law.
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