Environmental review program : planning for the protection of historic resources

Environmental Review Program: Planning for the Protection of Historic Resources

Since 1966, the National Historic Preservation Act has defined the goals for protecting our heritage by creating a framework of laws and programs at the national, state, and local levels. The Historic Preservation Division (HPD) has the responsibility to assist federal agencies and their applicants in determining whether or not their projects will affect significant historic resources. The environmental review process provides the planning framework, which balances historic preservation values with the development needs, or goals of a Federal undertaking. HPD's role in this review is advisory and consultative, relying on established federal and state laws, and on the information that agencies and their applicants provide to HPD.

How Section 106 Review is Triggered

Section 106 states that federal

agencies shall "prior to the

Every year, thousands of construction projects affect

approval of the expenditure of

historic properties in Georgia. Many of these projects

any Federal funds on the

are initiated by, or require permits or licenses from,

undertaking or the issuance of

government agencies. Section 106 of the National

any license, take into account the

Historic Preservation Act requires that those federal

effect of the undertaking on any

agencies responsible for approving or funding such

district, site, building, structure,

undertakings make a reasonable and good faith effort to or object that is included in or

identify and evaluate historic properties, to assess the

eligible for inclusion in the

project's effects when historic properties are found, and National Register and to afford

to offer the Advisory Council on Historic Preservation, the Advisory Council on Historic

the federal agency overseeing enforcement of the

Preservation a reasonable

NHPA, the opportunity to comment.

opportunity to comment on the

undertaking."

A federal undertaking is any project, activity, or

program that can result in changes in the character or use of historic properties. Federal refers to

being under the direct or indirect jurisdiction of a federal agency. An undertaking might include:

actions directly carried out by, or on behalf of, a federal agency, actions carried out with federal

financial assistance, actions requiring a federal license, permit or approval, or actions subject to

state or local regulation administered or approved by a federal agency.

A state or local government project, or a private project that is undertaken without federal funding licensing, or permits is not subject to Section 106 review, even if it affects historic properties. It may, however, be subject to state or local preservation regulations.

The review process starts when a federal agency determines that a proposed undertaking may cause changes in the character or use of an historic property, regardless of whether an historic

property is known to exist. The federal agency may initiate the review process before historic properties are identified. It is the nature of the project (that it is federally funded, licensed, or permitted), not the presence of an historic property, which triggers the process.
The Role of the Historic Preservation Division
The responsibility of the HPD is to provide information and guidance in making recommendations to a federal agency on the potential effect of an undertaking; but the federal agency itself retains all decision-making authority. The Secretary of the Interior's Standards for Archaeology and Historic Preservation establishes the professional standard for the identification, evaluation, National Register eligibility, and treatment of historic properties.
The Section 106 process used to review federal undertakings is a five-step process, and is outlined in the Advisory Council's regulations contained in 36 CFR Part 800. The HPD provides technical assistance and its comments to federal agencies and their applicants on: the National Register eligibility of historic and archaeological resources in the project's area of potential effects, the assessment of the project's effects upon these resources, and possible means to mitigate adverse effects or measures to minimize harm to these resources.
In consultation with the HPD, it may be determined that an undertaking will have no effect on historic resources. If so, the project may proceed without further consultation. When HPD and the federal agency agree that a project may have an effect on historic resources, the federal agency must notify the Advisory Council if the effect is adverse, and seek ways to mitigate the adverse effect. In most review projects involving adverse effects, a Memorandum of Agreement (MOA) is developed which stipulates what measures will be used to mitigate the adverse effects to historic properties, and is signed by the consulting parties - the State Historic Preservation Officer (HPD), the federal agency or designee, and sometimes the Advisory Council.
This process allows all parties involved to work together to reconcile varying public and private interests in any given project. Its success as a tool in planning depends entirely upon the willingness of involved federal agencies, applicants, community groups, and local governments to participate actively and openly in achieving a fair, timely, and acceptable resolution to all Section 106 cases.
For more information, visit our Web site at www.gashpo.org or contact Elizabeth Shirk, Environmental Review Coordinator 404/651-6624 or elizabeth.shirk@dnr.state.ga.us.
revised December 2009