National Historic Preservation Act Presentation 4: Section 106 Definitions, Continued

Analysis of Sec. 106 Definitions: National Register Undertaking Advisory Council State Historic Preservation Officer Tribal Historic Preservation Officer

What is an undertaking? §301(7): “Undertaking means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including – Those carried out by or on behalf of the agency; Those carried out with Federal financial assistance; Those requiring a Federal permit, license, or approval; and Those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency Broad definition (identical to definition in the regs.)

Analysis of Sec. 106 Definitions: National Register Undertaking Advisory Council State Historic Preservation Officer Tribal Historic Preservation Officer

Advisory Council on Historic Preservation ACHP is an independent agency established by the NHPA to regulate Section 106 Advises the President on historic preservation ACHP issues and enforces the Sec. 106 Regs: 36 CFR Part 800 Must be given the opportunity to comment in certain specified circumstances Determines when the rules have been broken Membership: Chair (appointed by Pres. from the public) Sec. of the Interior Architect of the Capitol Sec. of Ag. & four other Federal agency heads A Governor appointed by the Pres. A Mayor appointed by the Pres. The President of the NCSHPO Chair of the National Trust Four experts appointed by the Pres in the fields of architecture, history, archaeology, and other appropriate disciplines Three members of the general public, appointed by the Pres One member of an Indian tribe or Native Hawaiian organization

Analysis of Sec. 106 Definitions: National Register Undertaking Advisory Council State Historic Preservation Officer Tribal Historic Preservation Officer

State Historic Preservation Officer Each state and territory has a “SHPO” Part of the state program under which they can get federal preservation grants In each state, the SHPO is different May be state archaeologist or some random person appointed by the Governor Normally, they have a staff and an office Feds have to approve of the state program for it to be eligible for federal funding Under the regs. SHPO has to be consulted by federal agency under specified circumstances; They play a key role in Sec. 106 process, and federal agencies often defer to them

Analysis of Sec. 106 Definitions: National Register Undertaking Advisory Council State Historic Preservation Officer Tribal Historic Preservation Officer

Tribal Historic Preservation Officer Similar role to a SHPO, but for federally recognized Indian tribes Consult either in lieu of or in addition to SHPO for Indian lands or for historic properties found on non-Indian lands but that have cultural significance to the tribe Again, a very important party in the process

Indigenous participation NHPA requires consultation with Federally recognized Indian Tribes Including Alaskan Native villages and corporations And Native Hawaiians There are many tribes that are only state recognized No consultation requirements But SHPOs may want you to consult with them