AASHTO PG06-2007 AASHTO Practitioner's Handbook - Consulting Under Section 106 of the National Historic Preservation Act《医生的咨询手册 根据第106条的民族古籍保存法》.pdf
《AASHTO PG06-2007 AASHTO Practitioner's Handbook - Consulting Under Section 106 of the National Historic Preservation Act《医生的咨询手册 根据第106条的民族古籍保存法》.pdf》由会员分享,可在线阅读,更多相关《AASHTO PG06-2007 AASHTO Practitioner's Handbook - Consulting Under Section 106 of the National Historic Preservation Act《医生的咨询手册 根据第106条的民族古籍保存法》.pdf(23页珍藏版)》请在麦多课文档分享上搜索。
1、AASHTO PRACTITIONERS HANDBOOKThe Practitioners Handbooks are produced by the AASHTO Center for Environmental Excellence. The Handbooks provide practical advice on a range of environmental issues that arise during the planning, development, and operation of transportation projects. The Handbooks are
2、primarily intended for use by project managers and others who are responsible for coordinating compliance with a wide range of regulatory requirements. With their needs in mind, each Handbook includes: key issues to consider; a background briefi ng; practical tips for achieving compliance. In additi
3、on, key regulations, guidance materials, and sample documents for each Handbook are posted on the Centers web site at http:/environment.transportation.orgCONSULTING UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACTThis Handbook provides recommendations for complying with Section 106 of the
4、 National Historic Preservation Act during the environmental review process for transportation projects. Issues covered in this Handbook include:Preparing for Section 106 consultationDefi ning an area of potential effects (APE)Inviting consulting partiesEvaluating eligibility for the National Regist
5、er of Historic PlacesDetermining adverse effectsResolving adverse effectsDeveloping memoranda of agreement (MOAs) and programmatic agreements (PAs)Using alternative procedures to satisfy Section 106 requirementsAmerican Association of State Highway and Transportation Offi cials06February 2007AASHTO
6、Center for Environmental ExcellenceConsulting Under Section 106 of the National Historic Preservation Act 1OverviewSection 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their actions on historic properties. The NHPA created
7、 the Advisory Council on Historic Preservation (ACHP) and authorized the ACHP to issue regulations governing the implementation of Section 106. These regulations are set forth in 36C.F.R. Part 800. Cross-references to the Section 106 regulations are included throughout this Handbook.The Section 106
8、process seeks to incorporate historic preservation principles into project planning through consultation between a Federal agency and other parties with an interest in the effects of the Federal agencys action on historic properties. The goal of Section 106 consultation is to: identify historic prop
9、erties that could be affected by a project, assess the projects potential effects to such properties, and seek ways to avoid, minimize or mitigate any adverse effects to historic properties. The intent of this Handbook is to clarify and provide information to project managers on the successful integ
10、ration of Section 106 and the National Environmental Policy Act (NEPA). This Handbook focuses specifi cally on Section 106 as it applies to transportation projects for which the project applicant is a state department of transportation (DOT). Many of the suggestions in this Handbook also can be appl
11、ied to other types of projects.This Handbook is not intended to serve as beginner introduction to the Section 106 process, nor is it intended to be an exhaustive technical guide for Section 106 practitioners. The References identifying any historic properties within the projects area of potential ef
12、fects (APE) that are listed in or eligible for the National Register of Historic Places; determining whether the project will have an adverse effect on any historic properties that are listed in or eligible for the National Register; and resolving any adverse effects on those resources, often throug
13、h execution of a Memorandum of Agreement (MOA). In general, these steps are completed sequentially. The Section 106 regulations do provide some fl exibility to combine steps, as long as the Federal agency and SHPO/THPO agree, and members of the public still have an adequate opportunity to express th
14、eir views on the undertaking. See 36 C.F.R. 800.3(g).De nition of Consultation. The concept of consultation is at the heart of the Section 106 process. Consultation is defi ned in the Section 106 regulations as a process of seeking, discussing, and considering the views of other participants, and, w
15、here feasible, seeking agreement with them regarding matters arising in the section 106 process. See 36 C.F.R. 800.16(f). Many different kinds of activities fall within this broad defi nition. Consultation on some projects may involve numerous face-to-face meetings; on others, it may rely more heavi
16、ly on an exchange of documents. The Section 106 regulations state that consultation methods should be appropriate to the scale of the undertaking and the scope of Federal involvement in that undertaking. De nition of Undertaking. Section 106 applies to any Federal undertaking. The Section 106 regula
17、tions defi ne an undertaking as a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including1 those carried out by or on behalf of a Federal agency; 2 those carried out with Federal nancial assistance; and 3 those requiring a Fed
18、eral permit, license or approval. A transportation project that is federally funded, or requires any Federal permit or approval, meets the defi nition of an undertaking and therefore requires Section 106 consultation.Listed vs. Eligible Properties. Section 106 consultation is required for all histor
19、ic properties that are listed in or eligible for the National Register of Historic Places. Listed properties can be identifi ed by reviewing a database maintained by the National Park Service. Properties previously determined eligible can also be identifi ed by reviewing existing records, typically
20、in the offi ce of the SHPO/THPO. But research also is needed to identify eligible properties that may exist but have not been previously identifi ed and evaluated. For purposes of Section 106, there is no distinction between listed and eligible properties; properties are not presumed to have greater
21、 signifi cance simply because they are listed in the National Register.Review Times. The Section 106 regulations establish 30-day periods for the SHPO/THPO to review fi ndings or determinations at various points during the Section 106 process. The review period is measured from the SHPO/THPOs receip
22、t of the request for its review of the fi nding or determination. If the SHPO/THPO fails to respond within this 30-day period, the Federal agency can proceed in accordance with its own fi nding, or can choose to consult with the ACHP in lieu of the SHPO/THPO. See 36 C.F.R. 800.3(c)(4). The regulatio
23、ns also defi ne periods for the ACHP itself to provide comments. Specifi c review periods are discussed below in the context of individual steps in the Section 106 process. 2007 by the American Association of State Highway and Transportation Officials.All rights reserved. Duplication is a violation
24、of applicable law.Consulting Under Section 106 of the National Historic Preservation Act 5Consultation vs. Concurrence. The Section 106 regulations do not require a Federal agency to obtain concurrence (approval) from the SHPO/THPO in eligibility or effects fi ndings. Rather, the regulations require
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