The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17, 2009. It is an unprecedented effort to jumpstart our economy, create or save millions of jobs, and put a down payment on addressing long-neglected challenges so our country can thrive in the 21st century.
The Recovery Act and Historic Preservation
Many of the projects funded through the Recovery Act have the potential to impact the preservation and productive use of historic properties. Federal agencies are responsible for ensuring that historic preservation values are integrated into their decision making. Involving citizens and stakeholders early in the planning process is important so agencies can make decisions that invest in the future stability and revitalization of historic places in our communities. The Recovery Act’s benefits to local economic vitality and infrastructure can also offer opportunities to demonstrate the economic value of preservation through job creation, community revitalization and sustainable development.
The Recovery Act and Section 106 Reviews
The Office of Management and Budget issued guidance on March 26, 2009, that recognizes compliance with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) is required for Recovery Act projects.
The NHPA requires any agency issuing a federal permit or license, providing federal funds or otherwise providing assistance or approval to comply with Section 106 of the act. A few examples of projects that require compliance with this law include:
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Federal development activities, such as reservoirs built by the U.S. Army Corps of Engineers, or built by others, but requiring a permit from the Corps of Engineers
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Construction of municipal wastewater treatment facilities that require permits from the Environmental Protection Agency
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New highway construction by the Texas Department of Transportation that utilizes federal funds
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Local government projects to rehabilitate or demolish housing, using funds from the U.S. Department of Housing and Urban Development
The Section 106 regulations of the NHPA provide for the involvement of stakeholders—including local, state, and tribal governments; developers; preservation advocates; and private citizens—in historic preservation reviews for federal projects. Early coordination of the Section 106 review process, which often occurs during the NEPA process, ensures federal agencies fully consider historic preservation issues and the views of the public during project planning. Click here for more information on the Section 106 process and the Recovery Act http://www.achp.gov/recovery/faqs.html .
To successfully complete Section 106 review, federal agencies must:
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Determine if Section 106 of the NHPA applies to a given project and, if so, initiate the review;
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Gather information to decide which properties in the project area are listed in or eligible for the National Register of Historic Places;
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Determine how historic properties might be affected;
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Explore alternatives to avoid or reduce harm to historic properties; and
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Reach agreement with the State Historic Preservation Officer (SHPO)/tribe (and the Advisory Council on Historic Preservation (ACHP) in some cases) on measures to deal with any adverse effects or obtain advisory comments from the ACHP, which are sent to the head of the agency.
For more information on Section 106 review, see the ACHP’s Protecting Historic Properties: A Citizen’s Guide to Section 106 Review at http://www.achp.gov/citizensguide.pdf .
Some federal agencies delegate their responsibilities under Section 106 in whole or part to state and local governments who receive funds or other federal assistance. Those governmental entities must then carry out the federal agency’s duties under Section 106. Coordination with the SHPO is required for Section 106 reviews and, in Texas, the SHPO is the executive director of the Texas Historical Commission (THC).
The SHPO is mandated by the NHPA to represent the interests of the state when consulting with federal agencies under Section 106 of the NHPA and to maintain a database of historic properties. The NHPA also created the ACHP, an independent federal agency in the executive branch that oversees the Section 106 review process. In addition to the views of the agency, the SHPO and the ACHP, input from the general public and Native American tribes is also required. The responsibilities of all parties in the Section 106 review process are set forth in federal regulations developed by the ACHP as 36 CFR 800: Protection of Historic Properties http://www.achp.gov/regs-rev04.pdf .
The THC’s Section 106 review staff is available to provide additional information on the Section 106 review process or on specific projects that have been submitted for review. The THC’s Section 106 reviewers list can be found at http://www.thc.state.tx.us/contactus/cot106reviewers.shtml .
Helpful Recovery Act Links
