106?! WHAT IS THAT? Elizabeth L. Davoli, R.P.A. DOTD Environmental Section 2007 LTEC

Transcription

1 106?! WHAT IS THAT? Elizabeth L. Davoli, R.P.A. DOTD Environmental Section 2007 LTEC

2 THE BEGINNINGS 1950s saw the beginnings of the U.S. Interstate System In the 1960s, interstate construction in metro areas Many older neighborhoods, buildings, structures, and archaeological sites were lost to construction

3 NATIONAL HISTORIC PRESERVATION ACT, 1966 Encouraged partnerships of the Federal government, State government, Local government, Native American tribes, and the public Established the Eligibility Criteria for evaluating the significance of districts, buildings, structures, objects, and sites Established the National Register of Historic Places Created the Advisory Council on Historic Preservation Authorized Historic Preservation Fund grants to States, Certified Local Governments, and Native American tribes for historic preservation surveys, plans, and projects

4 WHAT MAKES A PROPERTY ELIGIBLE FOR THE REGISTER? Criterion A: Associated with events significant nationally or locally (ex: new LA State Capitol) Criterion B: Associated with significant persons (ex: Huey P. Long House in Shreveport) Criterion C: Embody the distinctive characteristics of a type, period, method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction (ex: The Rigolets Bridge) Criterion D: That have yielded, or may likely yield, information important in prehistory or history (ex: Troyville archaeological site in Jonesville)

5 THE PROCESS Initiation Identification Assessment of Project Effect(s) Resolution of Adverse Effect

6 INITIATION OF SECTION 106 PROCESS Is Federal Money being used or is a Federal Permit required? YES CONTINUE PROCESS NO FINISHED

7 INITIATION OF SECTION 106 PROCESS (Continued) Federal Funding is being used or A Federal Permit is required Establish the Undertaking Identify Consulting Parties Identify Appropriate Native American Tribes

8 INITIATION (Cont d) IDENTICATION OF CONSULTING PARTIES State Historic Preservation Officer Those who have jurisdiction over the cultural resource(s) Federally-recognized Native American tribes (Louisiana has 8) Local historic preservation organizations Interested members of the public

9 IDENTIFICATION OF HISTORIC PROPERTIES Establish the Area of Potential Effect (APE) Are there Historic Structures/ Archaeological Sites within the APE? YES Continue Process NO Finished

10 IDENTIFICATION OF HISTORIC PROPERTIES (Continued) Evaluate the Significance of Historic Structures and/or Archaeological Sites in the APE Eligible for or Listed on National Register of Historic Places? Continue Process Not Eligible for the National Register of Historic Places? Coordinate with SHPO

11 ASSESSMENT OF THE PROJECT S EFFECT ON HISTORIC PROPERTIES Examples of Effects Destruction/ Damage Relocation Neglect Transfer, Lease, or Sale Alteration Change of Use or Phys. Features of The Setting Visual, Audible, or Atmospheric Intrusions

12 ASSESSMENT OF THE PROJECT S EFFECT ON HISTORIC PROPERTIES (Cont d) Findings of Effect to Historic Properties Adverse Continue Process Not Adverse Consult with SHPO to Conclude Process No Historic Properties Affected Consult with SHPO to Conclude Process

13 RESOLUTION OF ADVERSE EFFECT(S) Memorandum of Agreement outlines mitigation to be done Includes which party is responsible for which tasks involved in the mitigation Signatories include the Lead Federal Agency, the State Historic Preservation Officer (SHPO), and the owner of the historic property For Native American archaeological sites, the appropriate tribe is also a signatory The MOA is a legally-binding document. The commitments must be carried out.

14 If the Lead Federal Agency and the SHPO cannot agree on the effect determination or agree on the terms of the MOA, the Advisory Council on Historic Preservation (Council) must be consulted to provide comment. The Council will review the information and provide an effect determination or recommend a course of action in order to resolve the adverse effect(s). The Council s word is final.

15 EXAMPLE 1 NO HISTORIC PROPERTIES AFFECTED (Overlay)

16 EXAMPLE 2 NO ADVERSE EFFECT (Traffic Signals)

17 EXAMPLE 2 NO ADVERSE EFFECT (Traffic Signals)

18 EXAMPLE 3 ADVERSE EFFECT (Bridge Project-Florida Ave)

19 EXAMPLE 3 ADVERSE EFFECT (Road Project Front St)

20 MITIGATION Landscaping Lighting Signage Long span bridges Replacement of materials in-kind Historic American Engineering Record or Historic American Building Survey documentation Archaeological data recovery

21 ADVERSE EFFECT MITIGATION (Archaeology)

22 ADVERSE EFFECT MITIGATION (Bridge Demolition)

23 SUMMARY The Section 106 process begins when Federal funds are used or if a Federal permit is needed for a project Identify the consulting parties Establish the Area of Potential Effect (APE) Assess the effect of the project on historic properties identified within the APE Resolve any adverse effects through the Memorandum of Agreement process

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