Section 106 Review Process Sample Clauses
The Section 106 Review Process is a procedural requirement that ensures federal agencies consider the effects of their undertakings on historic properties. This process involves identifying historic sites that may be affected by a proposed project, consulting with relevant stakeholders such as state historic preservation offices and local communities, and seeking ways to avoid, minimize, or mitigate any adverse impacts. Its core function is to protect cultural heritage by integrating historic preservation considerations into federal project planning, thereby preventing inadvertent harm to significant historical resources.
Section 106 Review Process. For all CRS Undertakings a DHS Qualified Professional will complete the review form in Appendix C and maintain a copy for annual reporting, compliance, and auditing purposes. DHS will use best efforts to avoid and minimize adverse effects on historic properties and will appropriately consult and mitigate those effects as necessary. For any CRS Undertaking that would result in either no adverse effect or an adverse effect on historic properties, DHS will follow 36 C.F.R. Parts 800.1-800.6, with the following differences, as applicable.
Section 106 Review Process. For all C-UAS Undertakings, a DHS Qualified Professional will complete the review form in Appendix D and maintain a copy for annual reporting, compliance, and auditing purposes. The DHS Qualified Professional will review all pertinent records to assess effects of the C-UAS Undertaking following the procedures laid out in Stipulation II.B. DHS will use best efforts to avoid and minimize adverse effects on historic properties and will appropriately consult and mitigate those effects, as necessary. For any C-UAS Undertaking that would result in a determination of either No Adverse Effect or an Adverse Effect, or any undertaking that cannot meet the conditions in the applicable section of Stipulation IV, DHS will follow 36 CFR Part 800.1-800.6, with the following differences, as set forth below.
A. Process for No Adverse Effect or for C-UAS Undertakings that do not meet Stipulation IV or Stipulation V.B. For all C-UAS Undertakings, the process for a finding of No Adverse Effect or for C- UAS Undertakings that do not meet Stipulations IV or V.B follows 36 CFR 800.5, with the following differences:
i. DHS will provide a submission package for C-UAS Undertakings not identified in Stipulation IV of this Agreement, consistent with submittal requirements identified in this Agreement, to the appropriate SHPO/THPO, Tribe, or NHO, or other consulting parties identified pursuant to 36 CFR 800.3(f) of the determination as made by a DHS Qualified Professional.
ii. DHS may utilize best practices to minimize effects to historic properties and shall include any best practices utilized in their Section 106 submittal package. DHS may employ any combination of minimization measures identified in Appendix H which may reduce the scale of effects to historic properties to avoid any adverse effects. Consultation on an undertaking-by- undertaking basis may identify additional minimization measures to employ for a specific C-UAS Undertaking.
iii. If there is no response from the parties within thirty (30) calendar days from submission, DHS will follow 36 CFR 800.5(d)(1) to document the fulfillment of Section 106 responsibilities and may proceed accordingly.
iv. If there is a disagreement with DHS’ finding, and the DHS Qualified Professional subsequently determines that the C-UAS Undertaking would result in an Adverse Effect determination, DHS shall follow Stipulation V.B of this Agreement.
v. If DHS maintains its determination of No Adverse Effect and a disagreement persists, the dis...
Section 106 Review Process. For those projects not exempted from Section 106 review under terms of Stipulation V, the following process shall be followed:
A. Initiation of Section 106 Review Process WSDOT will be responsible for establishing the undertaking and initiating the Section 106 Review Process in accordance with § 800.3.
B. Identification and Evaluation of Historic Properties
1. Determine and Document the Area of Potential Effects
Section 106 Review Process. For those projects not exempted from Section 106 review under terms of Stipulation V, the following process shall be followed:
A. Initiation of Section 106 Review Process WSDOT will be responsible for establishing the undertaking and initiating the Section 106 Review Process in accordance with § 800.3.
B. Identification and Evaluation of Historic Properties
1. Determine and Document the Area of Potential Effects
4. The purpose of the Area of Potential Effects is to assure that the scoping and execution of the Cultural Resources Survey is suited to the undertaking for its purposes of considering effects on historic properties. Detailed guidance on determining and documenting the Area of Potential Effects is contained in Exhibit C, Questions and Answers on Preparation of the Determination of the Area of Potential Effects.
Section 106 Review Process. A request for environmental review is submitted to the responsible City program staff (hereafter referred to as the Requester) Section 106 Review information must be collected for each property within the project area. If a Section 106 Review has previously been conducted and an Iowa Site Inventory Form (ISIF) has been created with in the last five years with SHPO comments, a subsequent review is not required unless a new scope of work at the project site has been developed. This does not apply to new scopes of work developed in conjunction with the Commission and/or the SHPO. The following information, at a minimum, should be collected and provided to the Certified Staff to initiate a Section 106 Review. To help facilitate the collection of this information an ISIF may be utilized. Property Address Date of Construction Building Material Program Estimated Rehabilitation Cost (if applicable) Scope of Work Current Photographs The Requester forwards the project information to the Certified Staff. The Certified Staff may conduct their own research on the property at this time as well to facilitate in making a determination on the project. The Certified Staff reviews the property and project and makes one of the following determinations: Not a Historic Structure. If the Certified Staff determines the property is not historic then no further consultation with the Commission, the Iowa State Historic Preservation Office (SHPO), or Interested Parties (IP) as defined in Part III, below, is required. Adhere to documenting requirements outlined in Stipulation IV (exempt activities) or Stipulation VIII.A.i (non-exempt activities). Historic Structure If the Certified Staff determines the property is historic, then the Certified Staff must evaluate if the project activities meet the requirements for “exemption,” listed under Section IV of the Agreement.