Section 106 Processes A Guide to the Ideals and Reals of CRM. What is Section 106 review? This term refers to the federal review process designed to ensure that historic properties are considered during federal project planning and execution.
Section 106 Processes
A Guide to the Ideals and Reals of CRM
What is Section 106 review?
This term refers to the federal review process designed to ensure that historic properties are considered during federal project planning and execution.
The review process is administered by the Advisory Council on Historic Preservation, an independent federal agency, with assistance from the State Historic Preservation Office.
Who established Section 106?
The Congress did, as part of the National Historic Preservation Act of 1966 (NHPA).
NHPA, strengthened and expanded by several subsequent amendments, today has become the cornerstone of this country's historic preservation policy.
What does NHPA say?
Section 106 of NHPA requires that every federal agency "take into account" how each of its undertakings could affect historic properties. An agency must also afford the Advisory Council a reasonable opportunity to comment on the agency's project.
What is a federal "undertaking"?
Pursuant to the October 1992 Amendments to the National Historic Preservation Act, an "undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including (A) those carried out by or on behalf of the agency;
(B) those carried out with federal financial assistance;
(C) those requiring a federal permit, license, or approval; and
(D) those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency.
How long does Section 106 review take?
By law, the State Historic Preservation Office has a maximum of 30 days to respond to most types of reviews
What is the National Register of Historic Places?
The National Register is maintained by the National Park Service (NPS), Department of Interior.
It is the nation’s official list of districts, buildings, sites, structures, and objects documented as significant in American history, architecture, archaeology, engineering, and culture which possess integrity of location, setting, design materials, workmanship, feeling and association.
However, such properties may qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
a. A religious property deriving primary significance from architectural or artistic
distinction or historical importance; or
b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building associated with his or her productive life; or
d. A cemetery that derives its primary importance from graves of specific persons of transcendent importance, from age, from distinctive design features, or from
representation of a specific historic event; or
e. A reconstructed building when accurately executed in a suitable environment andpresented in a dignified manner as part of a restoration master plan, and when no otherbuilding or structure within the same association has survived; or
f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or
g. A property achieving significance within the last 50 years if it is of exceptional
How is a property nominated to the National Register? 1
The process varies slightly from state to state.
Properties are nominated to the National Register by the State Historic Preservation Office (SHPO) or by the Federal Preservation Officer (FPO) for properties under Federal ownership or control.
Registration forms are prepared by private individuals or paid consultants.
Certified Local Government Boards or Commissions with jurisdiction over the property must review and comment on the nomination before it is submitted to SHPO.
How is a property nominated to the National Register? 2
During the time the proposed nomination is reviewed by the SHPO, property owners and local officials are notified of the intent to nominate.
Local officials and property owners are given the opportunity to comment on the nomination and owners of private property are given an opportunity to object to or concur with the nomination.
If the owner of a private property, or the majority of owners for a property or district with multiple owners, objects to the nomination, the SHPO may forward the nomination to the National Park Service for a determination of eligibility.
Without formally listing the property in the National Register, the National Park Service then determines whether the property is eligible for listing.
If the property is eligible, the Advisory Council must be afforded the opportunity to comment on any Federal project that may affect it.
How is a property nominated to the National Register? 2
The registration form is then submitted to a State review board, composed of professionals in the fields of American history, architectural history, architecture, prehistoric and historic archeology, and other related disciplines.
The review board makes a recommendation to the SHPO either to approve the nomination if, in the board’s opinion, it meets the National Register criteria, or to disapprove the nomination if it does not.
If the review board and the SHPO agree on the eligibility of the property (and the owner has not objected to the nomination), then the nomination is forwarded to the National Park Service to be considered for listing.
What are the benefits and restrictions of listing? 2
What are the benefits and restrictions of listing? 3
(If available) qualification for Federal historic preservation grant funds* (*Historic Preservation Programs for private building owners has not been funded since approximately 1984.
If no federal money is involved in project, owners of private property listed in the National Register are free to maintain, manage, or dispose of their property as they choose according to local code and ordinance.
How long does the nomination process take?
Varies from state to state, depending on when state committee meets which reviews and makes recommended changes.
Corrections or changes are the responsibility of the owner, sponsor or author.
Once the corrections or changes are complete the nomination may be considered at the next meeting.
Once a nomination has been approved the process varies but in many states, SHPO staff try to send approved and corrected nominations to Washington within 30 days of receipt.
Upon submission to the National Park Service, a decision on whether to list the property is made within 45 days of the date NPS logged it in.
Because legal issues may be involved, schedules are fairly strict.
How do you know if there are National Register Eligible Sites in an Area of Potential Effect (APE)?
Literature and Field Research
Who does the Research?
Qualified individuals under Secretary of Interior Standards (36 CFR 61):
The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following:
1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or
2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.
The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture.
The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following:
1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or
2. At least one year of full-time professional experience on historic preservation projects.
Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.
CRM Firms: The Good, the Bad, and the Ugly
Preparing a Proposal/Bid
The most difficult and dangerous part of CRM
“But I’ve got mouths to feed” issues
Meeting the contract specifications
Even the smallest project should have one.
As complex or simple as needed
Should tie into some research questions beyond inventory
Should be linked to SoW items where possible