NEPA and Section 106 are separate requirements with different parameters for what is afforded consideration in each review. CEQ has issued regulations ( 40 CFR Parts 1500-1508) to implement NEPA. NEPA established the President's Council on Environmental Quality ( CEQ) to oversee NEPA implementation. Under NEPA, agencies are required to provide opportunities for public review and comment, so the agency may consider those comments. NEPA is often described as an “umbrella” law as its analysis incorporates a broad range of federal laws, regulations, and executive orders. This is done through preparation of an Environmental Assessment or an Environmental Impact Statement. Using the NEPA process, agencies evaluate the environmental and related social and economic effects of their proposed actions. NEPA was signed into law in 1970 and requires federal agencies to assess whether a major federal action has the potential to significantly affect the human environment prior to making decisions. The ACHP, an independent federal agency established by the NHPA, oversees the implementation of the Section 106 process, issues its implementing regulations ( 36 CFR Part 800), and may participate in consultation to resolve adverse effects to historic properties. Agencies are required to facilitate a stakeholder engagement process known as consultation – discussing and considering the views of consulting parties, including State Historic Preservation Officers (SHPOs) and/or Tribal Historic Preservation Officers (THPOs), Indian tribes, Native Hawaiian organizations, and others, while also providing opportunities for public input. Using the Section 106 process, agencies identify historic properties, assess effects to historic properties, consider alternatives to avoid, minimize, or mitigate any adverse effects, and document their resolution. NHPA was signed into law in 1966, and Section 106 of the NHPA requires federal agencies to take into account the effect of undertakings they carry out, license, approve, or fund on historic properties and provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment before making decisions. The National Historic Preservation Act ( NHPA) and the National Environmental Policy Act ( NEPA) are two separate laws which require federal agencies to “stop, look, and listen” before making decisions that impact historic properties and the human environment. Historic Preservation Contacts and ResourcesĪ Brief Explanation of NEPA and Section 106 Reviews.Advising on State and Local Legislation.
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