The National Historic Preservation Act of 1966 (NHPA) is our country’s policy for the protection of important historic buildings and archeological sites. The NHPA establishes the following:
Learn More about the National Historic Preservation Act here >>
Prior to the 1960’s, awareness around historic preservation in the U.S. was largely nonexistent except for a couple of efforts that paved the way for comprehensive preservation in the future. Those early preservation efforts included the following:
Then things changes with the implementation of the Interstate Highway System and the Urban Renewal Program in the 1950s and 1960s, which led to widespread destruction of many historic properties and districts. This destruction increased public awareness around the cultural effects of urban renewal. In response, the NHPA was passed by President Johnson in 1966.
Section 106 of the NHPA requires federal agencies to evaluate the impacts of actions they authorize, fund, or carry out to historic properties and cultural resources. Federal agencies evaluate their impacts by requiring their project proponents to undergo Section 106 Review with the State Historic Preservation Office to ensure that there are no impacts to sites that are eligible for listing on the National Register of Historic Places (NRHP). The important distinction in Section 106 is that it requires evaluation of impacts to cultural resources ONLY when and where the project involves a federal permit, federal lands, or federal funds.
So, for example, if a project is impacting wetlands within the U.S. Army Corps of Engineers’ jurisdiction (federal trigger: Clean Water Act Section 404), cultural resources must be evaluated at the discrete wetland location (which is the extent of USACE jurisdiction) but not in the non-regulated private uplands. In this same example, if a project was to avoid all impacts to wetlands (and other waters of the U.S.) and thereby avoiding USACE permitting altogether, then the project would NOT require Section 106 review since there is no federal trigger. Or, as another example: if a project is federally-funded (federal trigger: funding) up to 100 percent of the project may have to be assessed for cultural resources because the entire project is within a federal action.
Want to find out if Section 106 or state regulations apply to your project, or find next steps to walk through the Section 106 process? Transect Reports can help.
In 90 seconds or less, Transect provides you with an assessment of federal and state triggers and next steps around Section 106 review and SHPO consultation.
Want even more? Request a site-specific desktop search for confidential SHPO NRHP site records on your project, provided by one of Transect's qualified Cultural Resources Management partners.
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Whether you’re laying new utility lines, planning out commercial real estate, or building a new solar farm, identifying cultural and historic resources is an important factor in site selection.
Here are some ways you can identify cultural and historic resources near you:
Get more information about Cultural Resources mapping here >>
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