Introduction to Historical Resources and Section 106

Section 106 Process SHPO and Federal Agency Involvement

• Evaluation of Historic Properties-preparing documentation for potentially eligible properties and making determinations of eligibility
• Determination of Effect-considers whether proposed undertaking would have an effect or an impact
• Alter qualities of resource
• Lead to neglect, deterioration, destruction or cause or result in transfer, lease or sale without preservation conditions.

Evaluation of Effects SHPO and Federal Agency Involvement

• DHR reviews findings of surveys conducted.
• Archaeological surveys are conducted in Phases (Ia/Ib, II, and III) if necessary.
• Inventory Forms are reviewed at a twice monthly Determination of Eligibility Meeting. Meetings are held on the second and fourth Wednesdays of the month.

Section 106 Process SHPO and Federal Agency Involvement with Project Proponent

• Resolution of Adverse Effects
• If adverse effects are identified, consultation continues to identify ways to achieve the project purpose and to avoid, minimize, or mitigate the effects, taking into consideration the values/significance/integrity of the property.
• Mitigation may include avoidance, redesign, relocation, data recovery, documentation, public education or interpretation.
• Completion-MOA
• If consultation is successful an MOA is prepared-a legally binding document with stipulations that describe measures to avoid, minimize or mitigate effects.
• Project sponsor and/or lead agency create document

Section 106 Process Federal Agency Responsibility

• Consulting Parties-
• One of the most important provisions within the regulations
• Individuals with demonstrated interest in undertaking, local governments, tribes, applicants.
• Regulations call for earlier and broader general public participation in the review process
• This is intended to insure that people and entities most affected by federal projects have a stronger voice in decisions relating to them