Infrastructure Improvements and the Historic Preservation Act

This session will introduce Section 106 of the National Historic Preservation Act (NHPA) and provide an overview of how the NHPA review process intersects with infrastructure projects, including the actions federal agencies must take to meet their legal obligations when considering the effects on historic properties of projects they assist, fund, permit, license or approve.

The NHPA and the National Environmental Policy Act (NEPA) are separate federal laws which require federal agencies consider potential impacts to historic properties and the human environment prior to making decisions. Section 106 of the NHPA considers effects to historic properties, while NEPA examines impacts to a wider range of resources, including historic properties and other cultural resources. This presentation will examine the benefits of integrating the independent processes and statutory obligations of NHPA and NEPA in the early stages of planning infrastructure projects.

Section 106 requires federal agencies to take into account the effects of undertakings such as infrastructure projects on historic properties significant to Indian tribes. This session will provide an overview of tribal consultation requirements and also the role that project proponents can play in establishing positive relationships and avoiding disputes. We’ll introduce best practices for tribal engagement and ways to achieve better project outcomes. 

This session addresses the conflicts between renewable energy development and cultural heritage laws. It covers U.S. laws and regulations for cultural resource compliance, design considerations for reducing risk, and challenges for managing cultural heritage while transitioning to clean energy. We focus on federal and state regulatory frameworks, including compliance with Section 106 of the National Historic Preservation Act and the National Environmental Policy Act. We discuss differing approaches by federal agencies, state laws, and local ordinances for cultural resource consultation. The session provides insights on navigating the Section 106 process for successful renewable energy project development.

Roads and bridges are among the most commonplace elements of public infrastructure. The Federal Highway Administration (FHWA) is the federal agency with statutory responsibility to consult and coordinate with the Advisory Council of Historic Preservation (ACHP) and state and tribal governments to fulfill its obligations for road/highway and bridge infrastructure projects under the National Historic Preservation Act (NHPA). While the FHWA broadly directs this process, the execution varies greatly by individual state transportation agencies, who often work on the FHWA's behalf. This discussion will provide a broad overview of how Section 106 of the NHPA and Section (4) of the United States Transportation Act are implemented within the realm of transportation projects. We’ll also cover some of transportation projects’ unique qualities and challenges when it comes to managing cultural resource effects to better prepare you for success when working with them.

The Federal Historic Preservation Tax Incentives program encourages private sector investment in the rehabilitation and reuse of historic structures. What projects qualify for these incentives, and how can they be harnessed to support both historic and cultural preservation efforts and sustainable infrastructure improvements? The National Trust Community Investment Corporation enables tax credit equity investments that support sustainable communities nationwide, placing qualified tax credits for historic preservation, new markets, and solar project development. This session will address NTCIC programs available to offset the costs of preserving historic structures while also encouraging sustainable infrastructure investment.