This handbook also provides advice on implementing CEQ regulations that require agencies to âintegrate the NEPA process with other planning at ⦠(E) that the agency's procedures for compliance with section 106 of this Act â (i) are consistent with regulations issued by the Council pursuant to section ⦠Historic property. Section 106 ⢠Section 106 of the NHPA requires federal agencies to consider the effect of federal undertakings on properties included or eligible for inclusion in the National Register ⢠The NHPA defines an undertaking to include, among other things, projects ârequiring a Federal permit, license, or approvalâ ⢠⦠While the regulations do permit the Agencies to take advantage of the NEPA process, the Agencies must still adhere to the fundamental direction for compliance with Section 106. Description. 800.3 through 800.6." Who is responsible for compliance: The sponsoring Federal agency or its designee.. The regulations implementing Section 106 of the NHPA, at 36 CFR part 800, are not affected by this recodification, so you can continue referencing those regulations as you have before. Initiating the Process. The Section 106 regulations clearly state that integrating the Section 106 compliance process with NEPA does not waive Agency obligations under either law. The "NEPA and NHPA: Handbook for Integrating NEPA and Section 106 Reviews" was informed by views and comments from a working group of NEPA and NHPA Section 106 practitioners, as well as comments from drafts circulated among them and the Federal preservation community. the preservation review process established by section 106 (16 U.S.C. Section 106: Established a required review process to protect resources which is now commonly known as Section 101(a): Established the National Register of Historic Places. authorized them to develop implementing regulations. The responsibilities of all parties in the Section 106 review process are set forth in federal regulations developed by the ACHP as 36 CFR 800: Protection of Historic Properties. § 470f) requires federal agencies having direct or indirect jurisdiction All grant applicants and their authorized representatives are hereby authorized to initiate the Section 106 2 Consulting Under Section 106 of the National Historic Preservation Act for issuing the Section 106 regulations and overseeing compliance with Section 106. These activities, or âundertakings,â include any projects that are federally funded, permitted or licensed. Section 106 of the National Historic Preservation Act (NHPA) that federal agencies give consideration to the effects of actions on historic propertiestheir in the most meaningful and efficient way possible. NHPA SECTION 106 Consultation Section 106 of the National Historical Preservation Act (NHPA) of 1966 (16 U.S.C. â¢Established a required review process which is now commonly known as â106 ⦠NHPAâs implementing regulations found in 36 CFR Part 800, require federal agencies (and their designees, permitees, licensees, or grantees) to initiate consultation with the State Historic Preservation Officer (SHPO) as part of the Section 106 review process. Section 106 of NHPA granted legal status to historic preservation in federal planning, decision-making, and project execution. Relevant Statues and Regulations. The Section 106 review process is an integral component of the National Historic Preservation Act (NHPA) of 1966.Prior to the NHPA being enacted, it was not uncommon for nationally significant historic resources to be irreversibly damaged or destroyed by many federal undertakings. Section 106 of the NHPA requires agencies to consider the impact of undertakings they carry out, fund, or regulate on historic properties and to give the ACHP ⦠36 CFR Section 800.8(c) of the NHPA Section 106 regulations allows "use of the NEPA process for Section 106 purposes." § 800.6 of the Section 106 regulations. Implementing regulations for Section 106 are located at 36 CFR Part 800. The process for fulfilling Section 106 is outlined in 36 CFR 800, the regulations issued by the ACHP. Section 106 of the NHPA requires Federal agencies to consider the effects on historic properties of their actions (or âundertakingsâ), and the actions they fund, permit, or license. Part 800), encourage agencies to plan Section 106 consultations coordinated with other requirements ⦠The NHPA requires any agency issuing a federal permit or license, providing federal funds or otherwise providing assistance or approval to comply with Section 106. ... Those subject to State or local regulations administered pursuant to delegation or approval by a Federal agency Appendix C, 33 CFR 325 What is Section 106? Regulating agencies: Advisory Council Historic Preservation and DHR. 470f] Law applies to: All federally funded, assisted, or licensed undertakings. A project that has the potential to affect a historic property and is funded by the Federal Emergency Management Agency (FEMA), is considered a federal undertaking or project. Section 106 (16 U.S.C. Decision (ROD) to comply with Section 106 in lieu of the procedures in 36 C.F.R. The center of federal agency responsibilities under the NHPA can be found in sections 106 and 110 of the Act. The National Historic Preservation Act (NHPA) of 1966 is implemented through the FCC's environmental rules. â¢Established the Advisory Council on Historic Preservation and authorized them to develop implementing regulations. The documentation from those reviews can be accessed from this webpage. National Historic Preservation Act; 36 CFR 800, Protection of Historic Properties; 3. Section 211: Council promulgate rules and regulations for Section 106 and ... â A free PowerPoint PPT presentation (displayed as a Flash slide show) on PowerShow.com - id: 118ad2-YzFkY The National Historic Preservation Act. Under this subsection, an agency can use the NEPA process and the documents it produces "to comply with Section 106 in lieu of the procedures set forth in Secs. The National Historic Preservation Act (NHPA) is intended to protect and pre-serve historical and archeological sites within the United States. One commenter stated that the proposed changes introduce confusion and delay into the integration of NEPA and section 106, and would provide less protection for Tribal environments and historic properties. Another commenter stated that the adopted regulations should reaffirm the 300101 et seq.) Section 201-212: Established the Advisory Council on Historic Preservation (ACHP) and . Section 106 of the NHPA requires federal agencies to consider the effects of federal undertakings on historic properties. The National Historic Preservation Act (NHPA) of 1966, as amended, established processes to assess, designate, and protect historic and cultural resources. 2. § 800.3 through 36 C.F.R. Therefore, FEMA is required to initiate the following 4-step consultation process, in accordance with Section 106 of the NHPA: Phase I Survey. NSF also completed reviews under the NHPA as part of its consideration to adopt conservation measures and design and traffic modifications. Regulations Implementing Section 106 (36 CFR 800) Advisory Council on Historic Preservation Alaska Historic Preservation Act (AS 41.35.070) Citizens Guide to Section 106 AK Department of Transportation Cultural Resource Information Request for Section 106 Review Housing Projects NHPA (54 U.S.C. Federal Laws and Regulations. FEMA is developing a Programmatic Agreement (PA) to meet its responsibilities under Section 106 of the National Historic Preservation Act (NHPA) for undertakings involving elevations of buildings or structures that 45 years old or older. environmental reviews, such as Section 106 of NHPA (Section 106). The NHPA regulations 36 CFR § 800.2(c)(5), provide for applicants or their authorized representatives to initiate the section 106 compliance consultations when authorized to do so by the Federal agency. This website contains detailed information on Section 106 of the NHPA. The Section 106 regulations ⦠Section 106 of the National Historic Preservation Act (NHPA) of 1966 requires federal agencies to consider the effect their activities may have on properties listed in or determined eligible for the National Register of Historic Places. National Historic Preservation Act (NHPA). The definition of âconsultationâ in the guidelines referred to above is the same as in the Section 106 regulations, though more fulsomely detailed. Promulgate guidelines for Federal agency responsibilities under Section 110. The Navy is consulting to develop a Nationwide Programmatic Agreement (NPA) that will adapt strong, proactive, and innovative historic preservation planning to the unique challenges associated with optimizing ship-maintenance capabilities at the Naval Shipyards, consistent with Sections 106 and 110 of the the National Historic Preservation Act (54 U.S.C. the original public law that enacted the NHPA, as opposed to its legal citation on the U.S. Code. National Historic Preservation Act of 1966 (as amended) â¢Established the National Register of Historic Places. § 470). §§ 470-470mm (2000).) The regulations that implement Section 106, Protection of Historic Properties (36 C.F.R. Section 106 The Process. This law and its implementing regulation codified at 36 ⦠The ACHP does not routinely participate in Section 106 consultation for individual projects, but the ACHP has the right to do so and can submit comments at any time. NHPA Section 106 Consultation . About. These regulations require the federal agency to consult with the State Historic Preservation Office (SHPO), which, in the Commonwealth of Pennsylvania, is the Pennsylvania Historical and Museum Commission (PHMC). A programmatic agreement (PA) is a program alternative developed under Advisory Council on Historic Preservation (ACHP) regulations 36 CFR 800.14 to meet the requirements of Section 106 of the National Historic Preservation Act. Section 106 of the National Historic Preservation Act of 1966 [16 U.S.C. This handbook provides advice on implementing provisions added to the Section 106 regulations in 1999 that address both âcoordinationâ of the Section 106 and National Environmental Policy Act of 1969 (NEPA) reviews and the âsubstitutionâ of the NEPA reviews for the Section 106 â¦