Relationship Between Section 106 and Section 4(f)
| Relationship Between Section 106 and Section 4(f) | |
|---|---|
| Section 106 | Section 4(f) |
| 1. Initiate Section 106 Process Determine potential to affect historic properties, identify consulting parties, plan to involve public. |
Historic Properties Historic properties are protected under Section 4(f) as historic sites. |
| 2. Identify historic proprties Indentify properties that meet the National Register Criteria for Evaluation that may be affected in consultation with SHPO/THPO. Tribes, and other consulting parties. |
Identify any historic sites in the project area that meet Section 4(f) applicability by referring to the work done in the Section 106 process. |
| 3. Determine if There is Adverse Effect Agency applies criteria of adverse effect and considers the views of consulting parties to determine whether the undertaking may diminish the property's contributing characteristics. |
Determine if Section 4(f) Use
|
| 4. Consult to Resolve Adverse Effects In consultation with consulting parties, agency prepares a Memorandum of Agreement (MOA) that records agreed upon terms to avoid, minimize, or mitigate adverse effects on historic properties. |
Section 4(f) Evaluation Programmatic or individual evaluation analyzes avoidance alternatives and identifies measures to minimize harm. If there is a feasible and prudent avoidance alternative, it must be selected. |
| 5. Execute MOA Section 106 process is complete. |
MOA commitments used to minimize harm |
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