1 / 10

National Historic Preservation Act

National Historic Preservation Act. Presentation 4 : Section 106 Definitions , Continued. Analysis of Sec. 106. Definitions: National Register Undertaking Advisory Council State Historic Preservation Officer Tribal Historic Preservation Officer. What is an undertaking?.

issac
Télécharger la présentation

National Historic Preservation Act

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. National Historic Preservation Act Presentation 4: Section 106 Definitions, Continued

  2. Analysis of Sec. 106 • Definitions: • National Register • Undertaking • Advisory Council • State Historic Preservation Officer • Tribal Historic Preservation Officer

  3. What is an undertaking? • §301(7): “Undertaking means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including – • Those carried out by or on behalf of the agency; • Those carried out with Federal financial assistance; • Those requiring a Federal permit, license, or approval; and • Those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency • Broad definition (identical to definition in the regs.)

  4. Analysis of Sec. 106 • Definitions: • National Register • Undertaking • Advisory Council • State Historic Preservation Officer • Tribal Historic Preservation Officer

  5. Advisory Council on Historic Preservation • ACHP is an independent agency established by the NHPA to regulate Section 106 • Advises the President on historic preservation • ACHP issues and enforces the Sec. 106 Regs: 36 CFR Part 800 • Must be given the opportunity to comment in certain specified circumstances • Determines when the rules have been broken • Membership: • Chair (appointed by Pres. from the public) • Sec. of the Interior • Architect of the Capitol • Sec. of Ag. & four other Federal agency heads • A Governor appointed by the Pres. • A Mayor appointed by the Pres. • The President of the NCSHPO • Chair of the National Trust • Four experts appointed by the Pres in the fields of architecture, history, archaeology, and other appropriate disciplines • Three members of the general public, appointed by the Pres • One member of an Indian tribe or Native Hawaiian organization

  6. Analysis of Sec. 106 • Definitions: • National Register • Undertaking • Advisory Council • State Historic Preservation Officer • Tribal Historic Preservation Officer

  7. State Historic Preservation Officer • Each state and territory has a “SHPO” • Part of the state program under which they can get federal preservation grants • In each state, the SHPO is different • May be state archaeologist or some random person appointed by the Governor • Normally, they have a staff and an office • Feds have to approve of the state program for it to be eligible for federal funding • Under the regs. SHPO has to be consulted by federal agency under specified circumstances; • They play a key role in Sec. 106 process, and federal agencies often defer to them

  8. Analysis of Sec. 106 • Definitions: • National Register • Undertaking • Advisory Council • State Historic Preservation Officer • Tribal Historic Preservation Officer

  9. Tribal Historic Preservation Officer • Similar role to a SHPO, but for federally recognized Indian tribes • Consult either in lieu of or in addition to SHPO for Indian lands or for historic properties found on non-Indian lands but that have cultural significance to the tribe • Again, a very important party in the process

  10. Indigenous participation • NHPA requires consultation with Federally recognized Indian Tribes • Including Alaskan Native villages and corporations • And Native Hawaiians • There are many tribes that are only state recognized • No consultation requirements • But SHPOs may want you to consult with them

More Related