FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

r ECA Land / l7 Management J Ray Weiss January 2009 Page 7 Federal The Section 106 review process normally involves a four-step procedure described in the regulations implementing Section 106 of the NHPA(36 CFR Part 800): • Identify and evaluate historic properties in consultation with the SHPO and interested parties; • Assess the effects of the undertaking on properties that are eligible for inclusion in the NRHP; • Consult with the SHPO,other agencies,and interested parties to develop an agreement that addresses the treatment of historic properties and notify the Advisory Council on Historic Preservation; and • Proceed with the project according to the conditions of the agreement. Archaeological and architectural resources(buildings and structures)are protected through the NHPA of 1966(16 USC 470f)and its implementing regulation,Protection of Historic Properties(36 CFR Part 800),the Archaeological and Historic Preservation Act of 1974,and the Archaeological Resources Protection Act of 1979. Section 106 of the NHPA requires federal agencies to consider the effects of a proposed project on historic properties prior to implementation and to afford the Advisory Council on Historic Preservation(ACHP)and the State Historic Preservation Office a reasonable opportunity to comment on any project that would adversely affect properties eligible for listing on the National Register of Historic Places(NRHP). Section 101(d)(6)(A)of the NHPA allows properties of traditional religious and cultural importance to a tribe to be determined eligible for inclusion in the NRNP. Under the NHPA,a resource is significant if it meets the NRHP listing criteria at 36 CFR 60.4,which states: The quality of significance in American history,architecture,archaeology,engineering,and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting,materials,workmanship,feeling,and association and: A. That are associated with events that have made a significant contribution to the broad patterns of our history;or B. That are associated with the lives of persons significant in our past;or C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;or D. That have yielded,or may be likely to yield,information important in prehistory or history. The American Indian Religious Freedom Act of 1978 allows access to sites of religious importance to Native Americans. On federal land,the Archaeological Resources Protection Act(ARPA)and Native American Graves Protection and Repatriation Act(NAGPRA)would apply. ARPA assigns penalties for vandalism and the unauthorized collection of archaeological resources on federal land and provides for federal agencies to issue