HISTORIC PRESERVATION - SECTION 106 WORKSHEET FOR FTA PROJECTS . Several conservation groups filed suit against the Corps, alleging that the Corps failed to satisfy its obligations under NEPA, NHPA, and CWA. Circuit Court in National Parks Conservation Association v. Todd T. Semonite, Lieutenant General, et. The National Historic Preservation Act (NHPA) is intended to protect and pre- serve historical and archeological sites within the United States. SEC. Define the area of potential effects (APE) as outlined in the regulations of Section 106 of the National Historic Preservation Act. They and other commenters criticized the Corp’s socioeconomic, visual, and cumulative effects analyses; its evaluation of alternatives; and its methodologies. Using the process … 5-1.0 Overview As per 36 CFR 800.16(d), the rea of a potential effects (APE) is defined as “. The court’s opinion is available here, and the ACHP’s memorandum is available here. How are drugs sorted into therapeutic groups and classes? Section 106 of the National Historic Preservation Act (NHPA) of 1966, requires all federal agencies to take into account the effects of their undertakings on historic properties and to ... well as the extent of indirect effects APE clearly marked and labeled. The APE can be modified through indirect effects.4 Further, in assessing effects, the regulations note that “[a]n adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property…”.5 However, the terms “direct effect” and “indirect effect” are not defined in the NHPA or in the Section 106 regulations.6 Section 106 of the NHPA requires each federal agency to identify and assess the effects their actions will have on historic resources. In accordance with these procedures, the Commission (CPSC or Commission) recently allowed the … HISTORIC PRESERVATION - SECTION 106 WORKSHEET FOR FTA PROJECTS . Section 106 refers to a specific part of the National Historic Preservation Act of 1966 (16 USC 470). Legislation. A. The APE is influenced by the scale and nature 2. Section 106 (36 CFR 800.2[o], see also 16 USC 470w[7]). Clarify the meaning of direct and indirect effects, discuss how to document an APE to facilitate consultation, review the potential to affect historic properties, and consider the assessment of effects. • If no, then no Section 106 consultation is required. Read more about the firm’s litigation, transactional, and regulatory practices at troutman.com. 306108) “The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency Under NEPA assignment, the Caltrans Division of Environmental Analysis Cultural Studies Office (DEA-CSO) was assigned FHWA's Section 106 responsibilities. Product 3: The Indirect and Cumulative Effects Screening is conducted for the draft multi-modal long range planning project proposals. Establishing the Area of Potential Effects (APE) March 2014 . According to Brian Mills at the DOE: "The two mile wide indirect APE was determined based on NH DHR guidance on the indirect APE for wind farms which specifies a three mile wide indirect APE for wind farms. Circuit reversed, holding that: In reaching its decision, the D.C. Direct final rule. (b) To effect a merger, each domestic entity that is a party to the merger must act on and approve the plan of merger in the manner prescribed by this code for the approval of mergers by the domestic entity. 2), it refers to DEA-CSO. Cite section 106 (k) Funding – Suspension, Withholding or Delay The Secretary can only Suspension, Withholding or Delay payment of funds for 30 days beginning on the date the Secretary makes a determination that a tribal contractor has failed to substantially carry out the contract with good cause. A description of the specific area that … wowfudge Tue 14-Jun-16 12:38:14. and then by their therapeutic effect s C. first by their side effects. WHEREAS, the Corps has involved the public in the Section 106 process by seeking public comment at the following stages of consultation: the initiation of consultation under Section 106 (August 28, 2013), identification of historic properties (November 13, 2014), and assessment and resolution of adverse effects (May 21, 2015); and A. first by the condition s that they are used to treat. Section 106A has the effect that any modification or discharge of a s 106 Agreement must be agreed by deed between the parties and in accordance with s 106B. Describe the horizontal and vertical (depth of ground disturbance) area of direct and indirect effects. Section 4 presents the historic context applicable to the Project APE. A section 106 notice (I think) shows that the Council has adopted the roads and will maintain them. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. Section 106 of the NHPA also acknowledge that a project’s adverse effects include any that are reasonably foreseeable, even if they may occur later in time, are farther removed in distance, or are cumulative. Direct and indirect effects depending on mounting location; includes induced transients into the airframe or wire bundle. The Culture of Secrecy Undermines Meaningful Public Input." The Bureau shall give effect to and administer the supervisory and police powers conferred to it by this Code or other laws. The main purpose of this database is to provide users with a way to find agreements that may serve as models or samples for current projects that require an MOA or PA for compliance purposes. Contents 5-1.0 Overview..... 3 5-2.0 Procedures for Establishing the APE ..... 3. The Corps failed to fulfill its obligation under section 110(f) of the NHPA because the project would “directly and adversely” affect a national historic landmark, despite its lack of a physical impact. It also stated that, while the Court’s decision does not impact when section 106 of the NHPA applies, it does provide guidance as to how “effects” should be categorized. Direct and Indirect Adverse Effect: Direct Adverse Effect. Pub. June 2015. Section 22 provides test methodology and procedures to validate that a set of equipment is able to withstand lightning induced effects such as the EMF pulse that is an indirect effect of a lightning direct hit. An Assessment of Effect form can be found in the PEPC system. This clear statement should assist federal agencies not only in determining when Section 110(f) may apply to an undertaking that is subject to review under Section 106 of the NHPA, but also how to characterize the types of effects that may be caused by an undertaking. Under Section 106, an agency is responsible for taking into account the effects 1050.1F Desk Reference (v2) February 2020 Historical, Architectural, Archeological, and Cultural Resources In the case of a Section 106 consultation, the federal agency (or its designee, acting on behalf of that federal agency) seeks SHPO review of its definition of (1) the area of potential effect (APE) defined for the proposed undertaking; and SHPO concurrence with the (2) agency determinations of eligibility for any resources lying within the APE, and (3) a single, finding of effect for the undertaking. Section 106 of the National Historic Preservation Act Section 106 mandates that federal agencies take into account the effects of their actions on properties listed or eligible for listing in the National Register and give the Advisory Council on Historic Preservation a reasonable opportunity to comment. • If yes, please continue with the next item in this checklist. The APE should also take indirect effects into account (e.g., visual and auditory effects, land use changes, traffic patterns, public access, etc.). A description of the action to be considered . L. 93–638 was renumbered section 105 by Pub. 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Remember: Section 106 must be finalized before NEPA approval, which must be completed prior to … Section 106 of the NHPA requires that each federal agency identify and assess the effects its actions may have on historic buildings. The memo clarified that, while section 110(f) “clearly includes physical effects, it is not limited to them,” and that, if Congress had intended to limit section 110(f)’s reach to physical impacts, it would have used the word “physically” instead of “directly.”  It explained that, while direct effects may be the result of a physical connection, they may also include visual, auditory, or atmospheric impacts. On June 7, 2019, the Advisory Council on Historic Preservation’s (ACHP) Office of General Counsel issued a memorandum to ACHP staff, clarifying the distinction between direct and indirect effects in meeting obligations under section 106 of the National Historic Preservation Act (NHPA). Neither the NHPA nor its implementing regulations provide a definition of “direct” effects. Consistent with 36 CFR.800 .5(a)(l), FHWA and CDOT shall take into account direct, indirect, and cumulative effects on historic properties and shall consider measures to improve existing and forecasted conditions affecting historic properties. Section 106 of the National Historic Places Act requires Federal agencies to consider the impacts, including visual impacts, of their undertakings on the ability of certain historic properties to convey their historic significance. L. 100–472 and is classified to section 5324 of this title . The NPS requires that Section 106 compliance is documented in PEPC. The APE is the area in which an undertaking may cause direct or indirect changes in character or use of a historic property. Mounting location ; includes induced transients into the airframe or wire bundle and. 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