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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?.

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National Historic Preservation Act

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  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

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