Cultural Resource Management: CEQA, NEPA and Section 106 Learn how cultural resource concerns can help or hinder your community or development projects and how these concerns can derail environmental review or become part of a community's sustainable design strategy. Conduct Section 106 review when screening a project that may be categorically excluded from NEPA review to see whether "extraordinary circumstances" exist requiring further review (40 CFR 1508.4). Want to learn more about NEPA? Federal agencies’ statutory obligations under NEPA and NHPA are independent, but integrating the processes creates efficiencies, promotes transparency and accountability, and supports a broad discussion of effects to the human environment. NEPA established the President's Council on Environmental Quality (, Federal agencies’ statutory obligations under NEPA and NHPA are independent, but integrating the processes creates efficiencies, promotes transparency and accountability, and supports a broad discussion of effects to the human environment. In this document, the Council on Environmental Quality (CEQ) and the Advisory Council on Historic Preservation (ACHP) provide advice to Federal agencies, applicants, project sponsors, and consultants on how to take advantage of existing regulatory provisions to align the NEPA process and the National Historic Preservation Act (NHPA) Section 106 review process. Federal agencies are encouraged to coordinate compliance with Section 106 with any steps taken to meetthe requirements of NEPA. The agency official should use its existing procedures for public involvement under NEPA or other program requirements to also provide opportunities for public involvement consistent with Section 106 requirements. § 800.3 through 36 C.F.R. CEQ and the ACHP developed a, Advisory Council on Historic Preservation, Historic Preservation Contacts and Resources, NEPA and NHPA: A Handbook for Integrating NEPA and Section 106, A Citizen's Guide to the National Environmental Policy Act, https://ceq.doe.gov/get-involved/citizens_guide_to_nepa.html, https://ceq.doe.gov/laws-regulations/agency_implementing_procedures.html. Caltrans assumed FHWA’s responsibilities under NEPA and Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA) and associated implementing regulations at 36 CFR Part 800; and . This handbook provides advice on implementing provisions added to the Section 106 regulations in 1999 that address both “coordination” of the Section 106 and National Environmental Policy Act of 1969 (NEPA) reviews and the “substitution” of the NEPA reviews for the Section 106 process. Section 106: National Historic Preservation Act of 1966. 326 that assigned to ADOT the responsibility for all environmental review for projects classified as Categorical Exclusions. In 1978, CEQ issued regulations (40 CFR Parts 1500-1508) to implement NEPA. NEPA: Section 106: Telecommunications: Utilities. SPECIAL SITUATIONS Emergencies (36 CFR … NHPA was signed into law in 1966, and Section 106 of the NHPA requires federal agencies to take into account the effect of undertakings they carry … Other individuals or organizations may be in… In addition, Federal agencies are required to consult on the Section 106 process with State Historic Preservation 89-665; 80 Stat. Press release for the Navy’s Decision to Navy’s Decision to Terminate the Section 106 Consultation for Increased Growler Operations at NAS Whidbey Island. See the Handbook for Integrating NEPA and Section 106. See Wireless Infrastructure Report and Order. NEPA Substitution for the NHPA Section 106 Review. Using the Section 106 process, agencies identify historic properties, assess effects to historic properties, consider alternatives to avoid, minimize, or mitigate any adverse effects, and document their resolution. 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. 3/5/2013 ADVISORY COUNCIL ON HISTORIC PRESERVATION 34 Coordinating Section 106 and NEPA Review- Environmental Impact Statements . The White House Council on Environmental Quality (CEQ) and the Advisory Council on Historic Preservation (ACHP) announced the release of a new handbook, NEPA and NHPA: Handbook for Integrating NEPA and Section 106 Reviews, on March 1, 2013. Easily apply: Masters in Anthropology or Applied Archaeology and 2-5 years of relevant experience. Press Release (Nov. 30, 2018) Notice of Termination of Consultation for EA-18G Growler Airfield Operations at the Naval Air Station Whidbey Island Complex, Washington (full document)Termination Notice and Executive Summary B R N GA FOUNDATION INVESTIGATIONS Evaluation of the underground for all types of foundations . See the Handbook for Integrating NEPA and Section 106. . 4This provision has specific implementing regulations, found at 36 CFR Part 800,which detail how to carry out the review process. Completing Section 106 of the National Historic Preservation Act •The first step is to determine which consulting parties are part of the project •Consulting parties are entities, such as, the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO), or Federally Recognized Tribes § 800.6 of the … Section 106 of the National Historic Preservation Act (NHPA) (54 USC § 306101) and its implementing regulations, 36 CFR Part 800, is a law that requires federal agencies to consider the effects of federally funded projects on historic properties (i.e., listed, or eligible for listing, in National Register of Historic Places), and when applicable, provide other consulting parties and the public an opportunity to … The Council on Environmental Quality (CEQ) and the Advisory Council on Historic Preservation (ACHP) issued a new handbook, "NEPA and NHPA: Handbook for Integrating NEPA and Section 106 Reviews" on March 5, 2013. Other authorities, such as the American Indian Religious Freedom Act (AIRFA) and Executive Order 12898, may require consideration of other cultural resource types, and NEPA itself provides for considering all aspects of the cultural environment – for example, the cultural use of natural resources. Under Section 106, each federal agency must consider public views and concerns about … In addition, agencies are encouraged to combine public involvement efforts for the two reviews to avoid duplication of effort and to maximize opportunities for public and consulting party involvement. 36 CFR Section 800.8 (c) of the NHPA Section 106 regulations allows "use of the NEPA process for Section 106 purposes." Explore practical issues involved with implementation and avoid unnecessary delays in environmental reviews by learning how to comply with historic preservation requirements under CEQA and NEPA, as well as Section 106 of the National Historic Preservation Act. Learn more about Section 106 on your schedule and your budget with the ACHP's online, on-demand e-Learning courses. Section 106 review should be complete prior to issuance of a federal decision, so that a broad range of alternatives may be considered during the planning process. In this regard, in 2013 the ACHP released a handbook for integrating these laws-NEPA and NHPA: A Handbook for Integrating NEPA and Section 106. The Section 106 review process is an integral component of the National Historic Preservation Act (NHPA) of 1966. For example, a finding of adverse effect under Section 106 may help determine whether “extraordinary circumstances” exist that would prevent an agency from utilizing a categorical exclusion from NEPA for a particular action. Agencies are required to facilitate a stakeholder engagement process known as consultation – discussing and considering the views of consulting parties, including State Historic Preservation Officers (SHPOs) and/or Tribal Historic Preservation Officers (THPOs), Indian tribes, Native Hawaiian organizations, and others, while also providing opportunities for public input. To facilitate these discussions, the City will host community events as we move through the process. The National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) are two separate laws which require federal agencies to “stop, look, and listen” before making decisions that impact historic properties and the human environment. The Advisory Council on Historic Preservation's (ACHP's) Section 106 of the National Historic Preservation Act (NHPA) regulations (36 CFR 800) prescribes the following for the consideration of historic properties under National Environmental Policy Act (NEPA): According to the NEPA regulations, in considering whether an action may "significantly affect the quality of the human environment," an agency must consider, among other things: Based on the above requirements, Section 106 review – that is, the scoping, identification, assessment, and consultation called for in 36 CFR 800.8 – should be carried out in coordination with NEPA review as follows: Note that Section 106 does not deal with impacts on all types of cultural resources, or all cultural aspects of the environment; it deals with impacts on properties included in or eligible for the National Register of Historic Places. NHPA was signed into law in 1966, and Section 106 of the NHPA requires federal agencies to take into account the effect of undertakings they carry out, license, approve, or fund on historic properties and provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment before making decisions. © 2021       National Preservation Institute, P.O. The handbook was a joint effort between the CEQ and ACHP. Use of the NEPA process for section 106 purposes,” authorizes agencies to use the procedures and documentation required for the preparation of an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) or an Environmental Impact Statement (EIS) and Record of Decision (ROD) to comply with Section 106 in lieu of the procedures in 36 C.F.R. The ACHP, an independent federal agency established by the NHPA, oversees the implementation of the Section 106 process, issues its implementing regulations (36 CFR Part 800), and may participate in consultation to resolve adverse effects to historic properties. Scoping, identification, and assessment of effects should be done during the analysis leading to the draft EIS (DEIS), and the results should be presented in the DEIS. CORPORATE OVERVIEW. NEPA NHPA Section 106 Handbook. Consultation to resolve adverse effects should be coordinated with public comment on the DEIS, with the results reported in the final EIS (FEIS). NEPA established the President's Council on Environmental Quality (CEQ) to oversee NEPA implementation. It is possible for an agency to "substitute" its NEPA review for the specific steps set forth in the Section 106 regulations, providing specific standards are met. Press release for the Navy’s Decision to Navy’s Decision to Terminate the Section 106 Consultation for Increased Growler Operations at NAS Whidbey Island. Bachelor's. (36 CFR 800.8(a)(3)). Coordinating Section 106 and NEPA Review- Environmental Assessments . The passage of the National Environmental … The handbook was a joint effort between the CEQ and ACHP. National Environmental Policy Act & Section 106 The National Environmental Policy Act (NEPA) requires that all federal agencies ensure an environmental review is … 1.2.2 NEPA Assignment and the 2020 Section 106 Programmatic Agreement On January 3, 2018, ADOT and FHWA entered into a Memorandum of Understanding (MOU) pursuant to 23 U.S.C. If a project, activity or program is categorically excluded from NEPA review under an agency's NEPA procedures, the Agency Official shall determine if it still qualifies as an undertaking requiring review under Section 106 pursuant to Sec. The handbook is a joint CEQ and the ACHP effort that provides advice to Federal agencies, applicants, project sponsors, and consultants on how to improve the efficiency and effectiveness of the National Environmental Policy Act (NEPA) … Travel in and out of state will be required. 915; 54 U.S.C. This may be a way for an agency to streamline its overall environmental/historic preservation review … The environmental reviews mandated by NEPA, Section 106, and Section 4(f) are complex and can lead to project delay if not managed properly. Completing Section 106 of the National Historic Preservation Act •The first step is to determine which consulting parties are part of the project •Consulting parties are entities, such as, the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO), or Federally Recognized Tribes Press Release (Nov. 30, 2018) Notice of Termination of Consultation for EA-18G Growler Airfield Operations at the Naval Air Station Whidbey Island Complex, Washington (full document)Termination Notice and Executive Summary The CEQ has published a Citizen's Guide to the NEPA that describes the process. This page includes a link to a list of all federal agency NEPA implementing procedures, listed alphabetically by responsible agency. Integrating NEPA and Section 106 reviews improves efficiency and informed decision making. Section 106: National Historic Preservation Act of 1966 The Section 106 review process is an integral component of the National Historic Preservation Act (NHPA) of 1966. If so, the Agency Official shall proceed with Section 106 review in accordance with the procedures in this subpart (36 CFR 800.8(b)). This is done through preparation of an Environmental Assessment or an Environmental Impact Statement. Agency Officials should ensure that preparation of an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) and an EIS and Record of Decision (ROD) includes appropriate scoping, identification of historic properties, assessment of effects upon them, and consultation leading to resolution of any adverse effects. Section 106 of the NHPA instructs federal agencies to consider the effect of any proposed federal “undertaking” (i.e., an activity, program or project), on historic properties. The agency official should use its existing procedures for public involvement under NEPA or other program requirements to also provide opportunities for public involvement consistent with Section 106 requirements. Box 1702, Alexandria, VA 22313. web design and development by new target, inc. NEPA and Section 106 of the National Historic Preservation Act, Continuing Education and Professional Training, Historic Property Management and Design Considerations, Early coordination. • Federal agencies’ statutory obligations under NEPA and NHPA are independent. Section 11504 of the 2015 Fixing America’s Surface Transportation Act (FAST Act) directed the Secretary of Transportation to develop a proposed exemption of railroad rights-of-way (ROW) from review under the requirements of Section 106 of the National Historic Preservation Act (Section 106). The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places (40 CFR 1508.27(b)(8)). The FCC considers the construction of communications towers or certain collocation of communications equipment using FCC-licensed spectrum a federal undertaking. . The environmental review process initiated with the passage of the 1966 National Historic Preservation Act (NHPA) (P.L. A finding of adverse effect on a historic property does not necessarily require an EIS under NEPA. 326 that assigned to ADOT the responsibility for all environmental review for projects classified as Categorical Exclusions. Whether such extraordinary circumstances are found to exist based on historic property impacts will depend on the severity of the impacts and what the agency's NEPA procedures say, but even if no further review is required under NEPA, Section 106 review must be completed. Save job Not interested Report Job The ACHP-CEQ handbook includes flowcharts to clarify timing and communication touchstones for Section 106 with NEPA. Conduct Section 106 review when screening a project that may be categorically excluded from NEPA review to see whether \"extraordinary circumstances\" exist requiring further review (40 CFR 1508.4). Community input will aid the City and Federal agencies in the identification of important cultural landscape features, architectural and ecological resources, and impacts to these resources. Actions categorically excluded under NEPA. During preparation of any EA, conduct Section 106 review in order both to comply with Section 106 itself and in order to determine whether historic resources will be adversely affected, and if so, whether measures can be implemented to reduce adverse effects to a less than significant level. Certain parties, such as the State Historical Preservation Officer and local government representatives, are designated “consulting parties” in the Section 106 process. If you want to consider substitution, be sure to review the standards carefully. Section 106. Integrating the steps of NEPA and Section 106 are especially helpful for EA and EIS level projects. Under Section 106 of the National Historic Preservation Act, federal agencies must consider the effect of their actions on historic properties and provide the federal Advisory Council on Historic Preservation (ACHP) the opportunity to comment on proposed actions. for structures in the built environment. 306108) by Congress ushered in a new approach to Federal project planning. Overview of the NEPA Process / Overview of the ESA / Overview of the MMPA / Overview of the NHPA - Section 106 / Administrative Record & Document Management Mar 22, 2021 – Mar 26, 2021 Mar 22, 2021 Section 106 requires Federal agencies to take into account the effects of their undertakings on historic properties and to provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment. Unless there is some compelling reason to do otherwise, the Section 106 MOA should be fully executed before the ROD is issued, and the ROD should provide for implementation of the MOA's terms. CEQ and the ACHP developed a handbook to promote better integration of the two review processes, and ACHP offers e-learning courses on the Basics of NEPA and Section 106 Integration and Coordinating NEPA and Section 106. Section 106 of the NHPA requires that each federal agency identify and assess the effects its actions may have on historic buildings. NEPA is often described as an “umbrella” law as its analysis incorporates a broad range of federal laws, regulations, and executive orders. 1.2.2 NEPA Assignment and the 2020 Section 106 Programmatic Agreement On January 3, 2018, ADOT and FHWA entered into a Memorandum of Understanding (MOU) pursuant to 23 U.S.C. Building on the basic concepts and vocabulary presented in the “Basics of NEPA and Section 106 Integration,” this online e-Learning course builds skills in identifying and taking advantage of coordination opportunities when a federal project, program, or activity is subject to … Any Memorandum of Agreement (MOA) developed under Section 106, or the final comments of the ACHP, should be addressed in the ROD. It is also available in Spanish. Using the NEPA process, agencies evaluate the environmental and related social and economic effects of their proposed actions. Section 106 of the NHPA requires federal agencies to consider the effects of federal undertakings on historic properties. . Section 106 of the NHPA instructs federal agencies to consider the effect of any proposed federal “undertaking” (i.e., an activity, program or project), on historic properties. Specifically, a state or local government may not unreasonably discriminate among providers of functionally equivalent services, may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, must act on applications within a reasonable per… This handbook provides advice on coordinating NEPA and Section 106 compliance procedures to improve environmental reviews. Each State Historic Preservation Office (SHPO) plays an important role in Section 106 review. Based on the above requirements, Section 106 review – that is, the scoping, identification, assessment, and consultation called for in 36 CFR 800.8 – should be carried out in coordination with NEPA review as follows: 1. As stipulated in 36 CFR 800.8the , steps of Section 106 can be combined with that of NEPA. 800.3 through 800.6." [ 36 CFR 800.2 (d) (3) ] Tags: Environmental Review Historic Preservation 4This provision has specific implementing regulations, found at 36 CFR Part 800,which detail how to carry out the review process. The White House Council on Environmental Quality (CEQ) and the Advisory Council on Historic Preservation (ACHP) announced the release of a new handbook, NEPA and NHPA: Handbook for Integrating NEPA and Section 106 Reviews, on March 1, 2013. Federal agencies are encouraged to coordinate compliance with Section 106 and the procedures in this part with any steps taken to meet the requirements of . . Permanent assignment as NEPA Lead Agency became effective October 1, 2012. What does Section 106 require? Coordinating Section 106 and NEPA Review- Environmental Assessments . Introduction •This is not comprehensive 1970 or NEPA/ Section 106 training •Highlights roles, responsibilities and requirements •Summarizes: •Information needs •Common data gaps •15-minute question and answer session at the end Post-Obligation Completion of Environmental and Historic Preservation Review Due to its continued success in managing its NEPA responsibilities, Caltrans renewed the … Agencies should consider their Section 106 responsibilities as early as possible in the NEPA process, and plan their public participation, analysis, and review in such as way that they can meet the purposes and requirements of both statutes in a timely and efficient manner. (NEPA). NEPA was signed into law in 1970 and requires federal agencies to assess whether a major federal action has the potential to significantly affect the human environment prior to making decisions. Section 106 review should be conducted during preparation of any EIS. Substitution is not allowed where a project is categorically excluded from NEPA review, and practically speaking it will probably be useful only where relatively large, complicated projects involving many alternatives are under review. Because the information gathering and consultation done in the Section 106 review should inform the NEPA review, and vice versa, the timing of both reviews should be coordinated. Unique characteristics of the geographic area such as proximity to historic or cultural resources (40 CFR 1508.27(b)(3)). To the fullest extent possible, agencies shall prepare draft environmental impact statements concurrently with and integrated with environmental impact analyses and related surveys and studies required by the National Historic Preservation Act (40 CFR 1502.25(a)). 3/5/2013 ADVISORY COUNCIL ON HISTORIC PRESERVATION 34 Coordinating Section 106 and NEPA Review- Environmental Impact Statements . (36 CFR 800.8(a)(1)), Inclusion of historic preservation issues. This is done through preparation of an Environmental Assessment or an Environmental Impact Statement. environmental impact statement (EIS) under NEPA, should include consideration of the undertaking's likely effects on historic properties. Section 332(c)(7) of the Communications Actpreserves state and local authority over zoning and land use decisions for personal wireless service facilities, but sets forth specific limitations on that authority. This handbook provides advice on implementing provisions added to the Section 106 regulations in 1999 that address both “coordination” of the Section 106 and National Environmental Policy Act of 1969 (NEPA) reviews and the “substitution” of the NEPA reviews for the Section 106 process. Final Section 106 Program Comment for Rail Rights-of-Way. 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 “requiring a Federal permit, license, or approval” It provides detailed information to help Federal agencies improve environmental … The determination of whether an action is a "major Federal action significantly affecting the quality of the human environment," and therefore requires preparation of an . NHPA was signed into law in 1966, and Section 106 of the NHPA requires federal agencies to take into account the effect of undertakings they carry out, license, approve, or fund on historic properties and provide the Advisory Council on Historic Preservation (ACHP, NEPA was signed into law in 1970 and requires federal agencies to assess whether a major federal action has the potential to significantly affect the human environment prior to making decisions. It provides detailed information to help Federal agencies improve environmental … WHEREAS, pursuant to the MOUs, Caltrans is deemed to be a federal agency for all Federal- 800.3(a). SPECIAL SITUATIONS Emergencies (36 CFR … DEEP FOUNDATIONS • Drilled Piers (Caissons) • Piling • Augured Cast-In-Place • Driven • Wood 11 days ago. The National Historic Preservation Act ( NHPA) and the National Environmental Policy Act ( NEPA) are two separate laws which require federal agencies to “stop, look, and listen” before making decisions that impact historic properties and the human environment. NEPA is often described as an “umbrella” law as its analysis incorporates a broad range of federal laws, regulations, and executive orders. under NEPA and Section 106 of the National Historic Preservation Act (Section 106). Integration of NEPA and Section 106 makes sense because: the historic properties of concern in Section 106 are one type of resource in the human environment considered in NEPA; both processes are triggered by federal funding, permits, licenses, or other approvals and share goals of providing transparency and allowing for public involvement; both processes should be initiated early in project planning when a broad range of alternatives can be considered; and, completion of both processes is needed for agencies to proceed to implement an action or undertaking. Introduction •This is not comprehensive 1970 or NEPA/ Section 106 training •Highlights roles, responsibilities and requirements •Summarizes: •Information needs •Common data gaps •15-minute question and answer session at the end Post-Obligation Completion of Environmental and Historic Preservation Review Using the NEPA process, agencies evaluate the environmental and related social and economic effects of their proposed actions. [ 36 CFR 800.2 (d) (3) ] Tags: Environmental Review Historic Preservation : 3 years. The handbook also includes guidance to help agencies substitute the NEPA process for Section 106 through a procedure specified in the Section 106 regulations (36 CFR § 800.8(c)). Section 106 of the NHPA requires that each federal agency identify and assess … Integration of NEPA and Section 106 should begin early, to enhance agency planning.

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