National Historic Preservation Act of 1966

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Gloria
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National Historic Preservation Act of 1966

Post by Gloria » Mon Sep 17, 2012 7:32 am

National Historic Preservation Act of 1966
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The National Historic Preservation Act (NHPA; Public Law 89-665; 16 U.S.C. 470 et seq.) is legislation intended to preserve historical and archaeological sites in the United States of America. The act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices.

Senate Bill 3035, the National Historic Preservation Act, was signed into law on October 15, 1966, and is the most far-reaching preservation legislation ever enacted in the United States. Several amendments have been made since. Among other things, the act requires federal agencies to evaluate the impact of all federally funded or permitted projects on historic properties (buildings, archaeological sites, etc.) through a process known as Section 106 Review.
http://en.wikipedia.org/wiki/National_H ... ct_of_1966

Is this being done in Jacksonville? I know we have the HPC process, but are FEDERAL AGENCIES aware of the rampant demolitions occurring in historic districts which (I'm sure) involve federal funds?
"To create a little flower is the labour of ages" William Blake

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Gloria
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Re: National Historic Preservation Act of 1966

Post by Gloria » Mon Sep 17, 2012 7:32 am

Section 106 Review Process

Section 106 of the National Historic Preservation Act mandates federal agencies undergo a review process for all federally funded and permitted projects that will impact sites listed on, or eligible for listing on, the National Register of Historic Places. Specifically it requires the federal agency to "take into account" the effect a project may have on historic properties. It allows interested parties an opportunity to comment on the potential impact projects may have on significant archaeological or historic sites. The main purpose for the establishment of the Section 106 review process is to minimize potential harm and damage to historic properties.[26]

Any federal agency whose project, funding or permit may affect a historic property, both those listed or eligible for inclusion in the National Register of Historic Places, must consider the effects on historic properties and "seek ways to avoid, minimize or mitigate" any adverse effects on historic properties. The typical Section 106 Review involves four primary steps: 1 - Initiation of the Section 106 Review; 2 - Identification of Historic Properties; 3 - Assessment of Adverse Effects; and 4 - Resolution of Adverse Effects. Further steps may be required if there is a disagreement among the consulting parties on adverse effects or the resolution of the effects.[27]

The federal agency overseeing the project inventories the project area (or contracts with a qualified consultant) to determine the presence or absence of historic properties. They then submit to the SHPO a Determination of Effect/Finding of Effect (DOE/FOE) outlining to the SHPO the project, the efforts taken identify historic properties, and what effects, if any, the project may have on historic properties. If the project is believed to have no adverse effect on eligible historic resources and the SHPO and other consulting parties agree, then the Section 106 process is effectively closed and the project may proceed. Alternatively, if an adverse effect is expected, the agency is required to work with the local State Historic Preservation Office to ensure that all interested parties are given an opportunity to review the proposed work and provide comments. This step seeks ways for the project to avoid having an adverse effect on historic properties. Ideally, a Memorandum of Agreement is reached between all consulting parties outlining agreed to mitigation or avoidance of historic properties, but this is not always the case. Without this process historical properties would lose a significant protection. This process helps decide different approaches and solutions to the project, but does not prevent any site from demolition or alteration.[16]
http://en.wikipedia.org/wiki/National_H ... ct_of_1966

Later amendments
The NHPA of 1966 made a huge impact in the communities and cities of America.[citation needed] Later amendments only strengthened the previously developed act. In 1969, the National Environmental Policy Act (NEPA) opened more opportunities for the NHPA to take effect. The NEPA protects a larger amount of area of property compared to the NHPA, because it includes the environment around it, which will sometimes inherently include historic sites. In 1976, Congress extended the Section 106 review process to include buildings, archaeological sites, and other historic resources eligible for listing, not just those already on the the National Register of Historic Places. In 1980, Section 110 was added. It added further requirements for federal agencies such as the need to establish their own internally staffed historic preservation programs. In 1992, amendments increased protection for Native American and Native Hawaiian preservation efforts.[10]
"To create a little flower is the labour of ages" William Blake

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