|
Section 106 Guide
This guidebook is designed for the use of VA program
and facility managers to comply with Historic Preservation requirements imposed by the
National Historic Preservation Act and implementing regulations. It serves as a supplement
to VA Directive 7545 and accompanying VA Handbook 7545, both titled "Cultural
Resource Management".
This guidebook contains the following information:
Q & A - Section 106 Compliance Information
This informational handout provides guidance to directors, project managers,
facility planners, station engineers and others responsible for projects involving
historic resources. It summarizes Federal regulations 36 CFR Part 800, implementing
Section 106 of the National Historic Preservation Act of 1966, as amended.
1. What is "Section 106"?
Section 106 is a portion of the National Historic Preservation Act, which was
passed into law in 1966. Section 106 requires that historic preservation considerations
be taken into account for all federally funded projects having an effect on significant
historic or prehistoric properties. Significant properties are defined as those that
are included in, or eligible for, the National Register of Historic Places. Section
106 requires that prior to approval of a project, the Advisory Council on Historic
Preservation be provided a reasonable opportunity to comment on the project.
The Department of Veterans Affairs, like all Federal agencies, has a responsibility
under the law to comply fully with Section 106. The Advisory Council has developed
regulations (36 CFR Part 800) that describe the Section 106 process in detail.
2. What are significant historic resources?
The National Register of Historic Places is a listing of the nation's most significant
prehistoric and historic districts, buildings, structures, sites, and objects. Established
by the National Historic Preservation Act of 1966, the National Register is administered
by the National Park Service in conjunction with the State Historic Preservation Offices
(SHPOs).
Significant historic resources are those that are included in, or eligible for listing in,
the National Register of Historic Places. The National Register is a list of districts,
sites, buildings, structures and objects that are significant in American history,
architecture, archeology and culture. The criteria for evaluating a property's eligibility
for inclusion on the National Register are set out in 36 CFR Section 60.4 and are as follows:
The quality of significance in American history, architecture, archeology, engineering,
and culture is present in districts, sites, buildings, structures, and objects that possess
integrity of location, design, setting, materials, workmanship, feeling, and association and:
- that are associated with events that have made a significant contribution to the
broad patterns of our history; or
- that are associated with the lives of persons significant in our past; or
- that embody the distinctive characteristics of a type, period, or method of construction,
or that represent the work of master, or that possess high artistic values, or that represent
a significant and distinguishable entity whose components may lack individual distinction; or
- that have yielded, or may be likely to yield, information important in prehistory or history.
Cemeteries, birthplaces, or graves of historical figures, properties owned by religious
institutions or used for religious purposes, structures that have been moved from their original
locations, reconstructed historic buildings, properties primarily commemorative in nature, and
properties that have achieved significance within the past 50 years are generally not be considered
eligible for the National Register. However, such properties will qualify if they are integral
parts of districts that do meet the criteria or if they fall within the following categories:
- A religious property deriving primary significance from architectural or artistic
distinction of historical importance;
- A building or structure that is removed from its original location but is significant
primarily for architectural value, or is the surviving structure most importantly associated
with a historic person or event;
- A birthplace or grave of a historical figure of outstanding importance is there is no
appropriate site or building directly associated with his productive life;
- A cemetery that derives its primary significance from graves of persons of transcendent
importance, age, distinctive design features, or from association with historic events;
- A reconstructed building when accurately executed in a suitable environment and presented
in a dignified manner as part of a restoration master plan, and when no other building or
structure with the same association has survived;
- A property primarily commemorative in intent if design, age, tradition, or symbolic value
has invested it with its own historical significance; and,
- A property achieving significance within the past 50 years if it is of exceptional importance.
The Department of Veterans Affairs has many historic structures under its care, and its grounds
contain many prehistoric and historic archeological sites. To date, more than 75 Medical Centers
have been determined eligible, as well as most of the National Cemeteries. Further research into
VA's history and the occasional discovery of archeological sites may mean that more historic
resources will be added to this inventory in the future. If there is any question as to whether
a property is considered eligible for the National Register, contact the VA Historic Preservation
Office.
3. Who are the SHPO and the advisory council?
The State Historic Preservation Officer is the head of the State Historic Preservation Office (SHPO),
a state government agency that has legal responsibilities under the National Historic Preservation Act.
One of the SHPO's responsibilities is reviewing federally funded undertakings that affect historic
properties. The SHPO staff consists of professional architects, historians, architectural historians,
and archeologists. Refer to the back of this Guidebook for a listing of addresses.
The Advisory Council on Historic Preservation is an independent Federal agency with specific
responsibilities for carrying out Section 106 of the National Historic Preservation Act. The
Advisory Council has project review staff in two locations. Refer to the back of this Guidebook
for addresses.
4. Does my project need to comply with Section 106?
The Council has defined the term "undertaking" to include Federal actions that can result in changes
in the character or use of historic properties, if such properties are located in the area to be
affected by an action.
Some actions which by their nature have no potential to affect historic properties need not be
subjected to Section 106 review. The Council provides the following example. If a program designed
to provide medical counseling would not normally be viewed as having the potential to affect
historic properties, would not be an undertaking for purposes of Section 106. But, if the program
could result in the modification of historic buildings to provide space, the program would be an undertaking.
Generally, all construction and maintenance activities at medical centers and national cemeteries
determined eligible for listing in the National Register must comply with Section 106. For properties
determined ineligible, there may also be potential archeological sites which may require a project
to comply with Section 106. Typically, projects such as new construction, site work, interior
rehabilitation, window replacement, maintenance and repair activities need to comply.
The majority of these activities will have no effect on the character or use of historic properties,
but still must be coordinated with the SHPO for concurrence. In order to expedite the compliance
process and reduce paperwork, it is suggested to meet with the SHPO on a yearly basis to discuss the
range of planned activities. This yearly meeting will help determine which activities will require
additional steps to complete compliance.
5. Who coordinates compliance?
For each project, one person should be identified to coordinate compliance activities. For most
projects, Section 106 is either coordinated by the project manager or the station engineer. In
some situations it may be possible to have an A/E assist VA in coordinating compliance. The VA
Historic Preservation Office does not coordinate routine compliance, except in very difficult
or controversial cases. However, the VA Historic Preservation Office is always available for
technical assistance and guidance.
6. What is the first step in compliance?
The entire Section 106 process is shown on page 6. The first step is to contact the State Historic
Preservation Office, notifying them of a proposed project and requesting their comments. While this
is officially done with a written request (see attached sample letter on page 8), it is also
worthwhile to call the SHPO and establish a contact with a specific compliance officer on the SHPO's
staff. The SHPO may request further information for their review, such as a more detailed project
description, site plans, photos, or other information.
After the SHPO has reviewed a project, they will likely state one of three opinions. An explanation
of effects is found in paragraph 800.9 of the Council's regulations.
a. That there are either no historic properties in the project location or that the
project will have no effect on historic resources, such as replacement of electrical
lines. If this is the case, written comments from SHPO to the VA are all that is
required, and compliance is complete.
b. That the project will have no adverse effect on historic resources, such as an addition
which has been designed consistent with the Secretary of the Interior's "Standards for
Rehabilitation." In this case, the SHPO will send written comments to the VA. The next
step is to request comments from the Advisory Council. If the Advisory Council agrees
with the SHPO that there is no adverse effect, then written comments from the Advisory
Council will complete compliance.
c. That the project will have an adverse effect on historic resources, such as demolition
of a historic building. The next two questions discuss what happens when there are
adverse effects.
7. If the project will have an adverse effect, what happens next?
When it is determined that the project will have an adverse effect on historic resources, it will
be necessary to evaluate alternative ways to complete the project while avoiding or reducing the
impact on the historic resources. The SHPO and the Council should be invited to participate in
this consultation. Consideration might be given to moving the project location, redesigning the
project, or considering other alternatives which avoids the adverse effect. In many cases, even
minor changes in the project may result in a revised determination of "no adverse effect."
Projects that are consistent with the Secretary of the Interior's "Standards for Rehabilitation"
will avoid adverse effects. A copy of these Standards are included on page 7.
8. What if adverse effects are unavoidable?
If through consultation it is determined that options have been explored and there are some
adverse effects that are unavoidable, an agreement document will be required. This memorandum
of agreement will state specific actions that will be taken to mitigate any adverse effects.
Mitigation may include a range of actions including documentation of the historic resource
prior to its alteration. Additional guidance is available from the VA Historic Preservation
Office on preparing agreement documents.
9. When is compliance completed?
For most projects, all that is needed is a letter from the SHPO agreeing that no historic
resources are present or that the project will have "no effect" on historic properties.
Where the project will result in "no adverse effect," letters from the SHPO and the Council
agreeing with this determination will be needed. These statements should be retained in the
permanent project file. If there is a question as to whether the written statements provided
by the SHPO and the Advisory Council are sufficient or satisfactory, the VA Historic
Preservation Office should be contacted.
When there are unavoidable adverse effects and a memorandum of agreement is prepared, the
individual responsible for compliance should make sure that the stipulations are completed
as stated. Compliance is complete when these stipulations have been fulfilled.
10. How long does compliance take?
The answer to this question is related to what type of effect the project may have on
historic resources and how efficiently the compliance process is coordinated. Compliance
may take a couple of months for no effect determinations to well over a year for some
adverse effect determinations. The SHPO and Council must respond to requests for comments
within specific time frames, generally within thirty days from receipt of the request.
Compliance should be initiated early on in the project planning and design development
stages which will allow any potential adverse effects to be identified early on.
11. Training?
Training on the Section 106 process is available through GSA and is recommended for all
individuals having responsibility for historic properties. A course titled "Introduction
to Federal Projects and Historic Preservation Law" is offered twice a year in Washington,
DC and in many other cities. Contact he Advisory Council for more information.
Sample Compliance Letter
Secretary of the Interior's standards for rehabilitation
|
