Adverse effect (Section 106)- Defined in Section 106 of the National Historic Preservation Act of 1966 (Section 106) regulations at 36 Code of Federal Regulations (CFR) Part 800.5. An adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register of Historic Places (National Register) in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association. Adverse effects may include reasonably foreseeable effects caused by the undertaking that may occur later in time, be farther removed in distance, or be cumulative. Examples of adverse effects on historic properties include, but are not limited to:
- Physical destruction of or damage to all or part of the property;
- Alteration of a property that is not consistent with the Secretary’s Standards for the Treatment of Historic Properties (36 CFR Part 68) and applicable guidelines;
- Removal of the property from its historic location;
- Change of the character of the property’s use or of physical features within the property’s setting that contribute to its historic significance;
- Introduction of visual, atmospheric, or audible elements that diminish the integrity of the property’s significant historic features;
- Neglect of a property which causes its deterioration, except where such neglect and deterioration are recognized qualities of a property of religious and cultural significance to an Indian Tribe or Native Hawaiian Organization; and
- Transfer, lease, or sale of property out of Federal ownership or control without adequate and legally enforceable restrictions or conditions to ensure long-term preservation of the property’s historic significance.
Advisory Council on Historic Preservation (ACHP)- The Federal entity charged with overseeing the efforts of Federal agencies to ensure their compliance with Section 106. On a broader level, the ACHP is a cabinet-level body of Presidentially-appointed citizens, experts in the field, and Federal, State, and local government representatives, charged with ensuring that private citizens, local communities, and other concerned parties would have a forum for influencing Federal policy, programs, and decisions as they impacted historic properties and their attendant values.
Area of Potential Effects (APE)- The geographic area(s) within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties, if any such properties exist. An APE is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by the undertaking.
Avoidance- An alternative and/or measure that results in the avoidance of an adverse effect on a historic property.
Categorical Exclusions (CE)- A category of actions under the National Environmental Policy Act (NEPA) that has been found, through regulation and procedures adopted by a Federal agency, to have no significant impact, either individually or cumulatively, on the environment. Neither an Environmental Assessment nor an Environmental Impact Statement is required when there is a CE.
Certified Local Government (CLG)- A designation reflecting that the local unit of government has been jointly certified by the State Historic Preservation Officer and the National Park Service as having established its own historic preservation commission and a program meeting Federal and State standards.
Character-defining feature- A prominent or distinctive aspect, quality, or characteristic of a historic property that contributes significantly to its physical character. Features may include structural or decorative details and materials.
Consultation- Consultation is seeking, discussing, and considering the views of all participants in the Section 106 process and, where feasible, seeking agreement with them.
Consulting party- A person, entity, or organization that has consultative standing in the Section 106 process in addition to FHWA and the Advisory Council on Historic Preservation. Consulting parties include:
- State Historic Preservation Officers;
- Tribal Historic Preservation Officers;
- Indian Tribes;
- Native Hawaiian Organizations;
- local governments;
- applicants for Federal assistance, permits, licenses, and other approvals;
- and other individuals and organizations with a demonstrated interest in the undertaking or affected historic properties.
Cumulative effect- See also: adverse effects. Adverse effects may be cumulative. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. An individual action may not have much effect, but it may be part of a pattern of actions whose combined effects on a resource are significant. See also Adverse effect.
Direct effect- See also: adverse effects. A direct effect to a historic property would include the physical destruction of, or damage to, all or part of a historic property; alteration of a historic property in a way that is not consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and applicable guidelines; or the removal of the property from its historic location. See also Adverse effect.
Effect- Alteration to any of the characteristics of a historic property that qualify the property for inclusion in the National Register of Historic Places.
Environmental Assessment (EA)- A process and document prepared pursuant to the National Environmental Policy Act for actions in which the significance of the environmental impact is not clearly established. If it is determined during the EA process that a project will have no significant impact on the quality of the environment, a Finding of No Significant Impact (FONSI) is issued. If the project results in significant impacts, then an Environmental Impact Statement is required.
Environmental Impact Statement (EIS)- A process and document prepared pursuant to the National Environmental Policy Act (NEPA) for projects in which it is known that the action will have a significant effect on the environment. An EIS is a detailed statement required by NEPA for major Federal actions significantly affecting the human environment.
Federal Preservation Officer (FPO)- The official designated by the head of each Federal agency responsible for coordinating that agency’s activities under the National Historic Preservation Act of 1966, as amended, and Executive Order 11593, including nominating properties under that agency’s ownership or control to the National Register (definition from 36 CFR Part 60.3).
Historic context- Background information gathered and used to frame and evaluate the significance of a historic property in terms of the history of the relevant geographical area, the history of associated historical themes or subjects, and within a historical and contemporary timeframe.
Historic fabric- The material in a historic property that was part of original construction or a subsequent alteration within the historic period of the property (i.e., more than 50 years old) but is not considered a character-defining feature. Historic fabric can be found on elements of a property that have not been noted as character-defining.
Historic integrity- The ability of a property to convey its significance. To be eligible for inclusion in the National Register of Historic Places, in addition to being significant, a property must retain sufficient integrity to convey its significance. The National Register of Historic Places identifies seven aspects of historic integrity: location, design, setting, materials, workmanship, feeling, and association.
Historic property- Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian Tribe or Native Hawaiian Organization and that meet the National Register of Historic Places criteria.
Historic significance- See Significance.
Indirect effect- Effects that may change the character of the property’s use or of physical features within the property’s setting that contribute to its historic significance, or introduce visual, atmospheric, or audible elements that diminish the integrity of the property’s significant historic features. See also Adverse effect.
Integrity- See Historic integrity.
Keeper of the National Register- The official in the National Park Service charged with deciding on the eligibility of historic properties for inclusion in the National Register of Historic Places (National Register). State/Tribal Historic Preservation Officers (SHPOs/THPOs) submit National Register Nominations to the Keeper, who has 45 days to decide whether to add the property to the National Register. During the Section 106 process, the Keeper can be called upon by FHWA to render an eligibility determination if there is a dispute between FHWA and the SHPO/THPO.
Lead Federal agency- Entity with designated responsibility for Section 106 review when multiple Federal agencies are involved. The lead agency determines how the Section 106 process will be coordinated with National Environmental Policy Act (NEPA) and other environmental reviews to avoid duplication of effort and protracted consultation.
Memorandum of Agreement (MOA)- The document that records the terms and conditions agreed upon to resolve the adverse effects of an undertaking upon historic properties.
Memorandum of Understanding (MOU)- Under the Surface Transportation Project Delivery Program, FHWA can assign the agency’s NEPA responsibilities to a State Department of Transportation for one or more highway projects. FHWA’s NEPA responsibilities are assigned through an MOU between FHWA and the state. In the context of tribal consultation, MOUs are sometimes used by FHWA and a Tribe, and a State Department of Transportation, to define agreed-upon procedures and protocols for tribal consultation. These MOUs are not formal Section 106 compliance agreements and do not have the regulatory authority of Memoranda of Agreement (MOAs) or Programmatic Agreements (PAs). MOUs are often developed outside the project development process and serve as the foundation for how consultation will take place during future projects. The consultation procedures and protocols in an MOU might be formalized later as stipulations of a project-specific MOA or PA.
Minimization- An alternative and/or measure that reduces the magnitude of the scale or nature of an effect on a historic property.
National Environmental Policy Act (NEPA)- The National Environmental Policy Act of 1969 (NEPA) is considered to be the basic “National Charter” for protection of the environment. NEPA requires that, to the extent possible, the policies, regulations, and laws of the Federal government be interpreted and administered in accordance with the protection goals of the law. It also requires Federal agencies to use an interdisciplinary approach in planning and decision making for actions that impact the environment. Finally, NEPA requires the preparation of an Environmental Impact Statement on all major Federal actions significantly affecting the human environment.
National Historic Landmark (NHL)- HLs are nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting the heritage of the United States. Today, just over 2,500 historic places bear this national distinction. NHLs include historic buildings, sites, structures, objects, and districts, each representing an outstanding aspect of American history and culture.
National Historic Preservation Act (NHPA) (54 U.S.C. § 300101 et seq- The National Historic Preservation Act of 1966, as amended, is the primary Federal law governing the preservation of historic properties in the United States. The law establishes a national preservation program and a system of procedural protections that encourage the identification and protection of historic properties of national, state, tribal, and local significance.
National Register of Historic Places (National Register)- Established criteria for evaluating the eligibility of properties for inclusion in the National Register. To be eligible for listing in the National Register, in addition to retaining sufficient historic integrity, a historic property must possess significance under at least one of the following criteria:
- Criterion A- Association with events that have made a significant contribution to the broad patterns of our history.
- Criterion B- Associated with the lives of significant persons in our past.
- Criterion C- 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.
- Criterion D- Have yielded, or may be likely to yield, information important in history or prehistory.
National Register of Historic Places (National Register or NRHP)- The official list of the nation’s historic places worthy of preservation maintained by the Secretary of the Interior under the authority of the National Historic Preservation Act of 1966. The National Register includes districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, and culture.
Native Hawaiian Organization (NHO)- A Native Hawaiian Organization, as defined in 36 CFR Part 800.16(s)(1), includes “any organization which serves and represents the interests of Native Hawaiians; has as a primary and stated purpose the provision of services to Native Hawaiians; and has demonstrated expertise in aspects of historic preservation that are significant to Native Hawaiians.”
No adverse effect- A finding where an undertaking may have an effect on a historic property, but will not alter any of the characteristics of the historic property that qualify it for inclusion in the National Register of Historic Places in a manner that would diminish its integrity.
Precontact- the period before contact of an indigenous people with an outside culture.
Programmatic Agreement (PA)- A way to tailor the Section 106 process for a specific program or series of undertakings. They allow Federal agencies to govern the implementation of a particular agency program or the resolution of adverse effects from complex projects or multiple undertakings similar in nature through negotiation of an agreement between the agency, appropriate State/Tribal Historic Preservation Office, and the Advisory Council on Historic Preservation. PAs generally fall into two types: “project PAs” and “program PAs.”
Properties of religious and cultural significance- Geographic places prominent in a Tribe’s cultural practices, beliefs, or value that have served a recognized role in maintaining the Tribe’s cultural identity. These types of properties can also be associated with other traditional communities, in addition to Tribes.
Secretary of the Interior’s Professional Qualifications Standards- Requirements set by the National Park Service (NPS) to define the minimum education and experience required to perform identification and evaluation of historic properties, among other associated tasks. Qualified professionals in the relevant historic preservation fields apply the National Register of Historic Places Criteria for Evaluation to determine the significance of a property. For more information, see the NPS site on Archaeology and Historic Preservation Standards.
Secretary of the Interior’s Standards for the Treatment of Historic Properties (SOI Standards) (36 CFR Part 68)- The National Historic Preservation Act requires the Secretary of the Interior to establish standards for, and provide advice and guidance on, the preservation and protection of historic resources. The SOI Standards establish recommendations and best practices to protect a wide range of historic properties, including buildings, sites, structures, objects and districts, and address four types of treatments: preservation, rehabilitation, restoration, and reconstruction. Under Section 106 the SOI Standards are intended to provide general guidance, but under other programs adherence with the SOI Standards is required.
Section 106- Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is set out in regulations issued by the ACHP, “Protection of Historic Properties” (36 CFR Part 800). In 2014 the NHPA was recodified and Section 106 is now found at 54 U.S.C. § 306108.
Significance- The importance of a historic property as defined by the National Register of Historic Places criteria in one or more areas of significance.
State Historic Preservation Officer (SHPO)- The official designated by the governor of each state to carry out the responsibilities of the National Historic Preservation Act of 1966 (NHPA) and administer the state’s historic preservation program and the duties, as described in 36 CFR Part 61. While the SHPO is an individual, it is also an office that performs a variety of functions under the NHPA and associated state laws.
Traditional Cultural Property (TCP)- A term used by historic preservation practitioners and Tribes for places of religious and cultural significance to Tribes. TCPs (places of religious and cultural significance) can also be associated with other traditional communities. These properties may be eligible for inclusion in the National Register of Historic Places because of their association with cultural practices or beliefs of a living community that a) are rooted in that community’s history, and b) are important in maintaining the continuing cultural identity of the community.
Tribal Historic Preservation Officer (THPO)- The tribal official appointed by the Tribe’s chief governing authority or designated by a tribal ordinance or preservation program who has assumed the responsibilities of the State Historic Preservation Officer for purposes of Section 106 compliance on tribal lands in accordance with Section 101(d)(2) of the National Historic Preservation Act of 1966.
Tribe- As defined in the Section 106 regulation, a Tribe is an “Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation... which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.”
Tribal land- Tribal land is defined in the National Historic Preservation Act as: (a) all lands within the exterior boundaries of any Indian reservation; and (b) all dependent Indian communities.
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