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Historic Preservation Act - Section 106: Obtaining Permits for Projects

Event Description and Agenda:

Development projects using federally-assisted funding or requiring a permit from a federal agency are likely to require an analysis of historic resources that may be affected by the project and a plan for documenting or protecting those resources. Section 106 of the National Historic Preservation Act governs these reviews, which must adhere to certain requirements for public outreach, resource analysis and documentation. The level of detail the Section 106 process requires will vary depending on the complexity of the project and the impact it is projected to have on historic resources. The potential impacts that project sponsors must take into account are not limited to direct physical effects, and may include such considerations as noise, views, landscape alterations and general compatibility of the proposed project with its existing context. This webinar will discuss what the Section 106 requirements are and how to address them.

I. Overview
  • National Historic Preservation Act foundations
  • Section 106 regulatory philosophy
  • Participants and their roles
  • When does Section 106 apply?
  • Working with federal agencies
  • Coordination with the National Environmental Policy Act (NEPA), the Department of Transportation Act (DTA) and other statutes
II. Conducting Section 106 Review
  • Area of potential effects
  • What is a historic property?
  • Identifying historic properties
  • Reasonable and good faith identification effort
  • Role of consultants
  • Consulting with Indian tribes, Native Hawaiian organizations and the public
  • Will historic properties be affected?
  • What are adverse effects on historic properties?
III. Addressing Anticipated Effects
  • Assessing effects to historic properties
  • Applying the adverse effect criteria
  • No adverse effect findings and objections
  • Notifying the Advisory Council on Historic Preservation of adverse effects
  • National Historic Landmark provisions
IV. Concluding the Review Process
  • Resolving adverse effects
  • Consultation and reaching consensus
  • Avoiding, minimizing, and mitigating adverse effects
  • Closing out the review
  • Documenting consensus with a memorandum of agreement (MOA)
  • What happens if consensus is not reached?

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