Federal Planning and Historic Places The Section 106 Process

by King, Thomas F.

• ISBN13: 9780742502598
• ISBN10: 0742502597
• Format: Paperback
• Copyright: 2000-02-22
• Publisher: AltaMira Press

Summary

Section 106. A critical section of an obscure law, the National Preservation Act. It has saved thousands of historic sites, archeological sites, buildings, and neighborhoods across the country from destruction by Federal projects. And it has let even more be destroyed, or damaged, or somehow changed. It is the major legal basis for a multi-million dollar 'cultural resource management' industry that provides employment to thousands of archeologists, historians, and architectural historians. It is interpreted in a wide variety of ways by judges, lawyers, Federal agency officials, State and Tribal Historic Preservation Officers, contractors, and academics. But what does it say, and how does the regulatory process it created actually work? In this book, Tom King de-mythologizes Section 106, explaining its origins, its rationale, and the procedures that must be followed in carrying out its terms. Available just months after the latest revision of section 106, this book builds on King's best-selling work, Cultural Resource Laws and Practice: an Introductory Guide (AltaMira Press 1998). It is indispensable for federal, state, tribal, legal, academic, and citizen practitioners in the United States. King's engaging and witty prose turns a tangle of complicated regulation into a readable and engaging guide. ** CLICK 'Sample Readings' below to view the most current addendum to this book. Sponsored by the Heritage Resources Management Program, University of Nevada, Reno

Table of Contents

Part One What is It and Where Did It Come From?
106 of What?	11	(4)
Evolution of a Process	15	(12)
Part Two: Section 106 in the New Millennium: Playing the Game Under the 1999 Regulation
Preface	25	(2)
What's It All About; When Does It Happen; and Who Plays?	27	(6)
The Game's Afoot! Initiating Review	33	(8)
Finding What May Be Affected	41	(14)
Evaluation	55	(8)
The Results of Identification and Evaluation	63	(4)
Will There Be an Adverse Effect?	67	(8)
``Resolving Adverse Effect;'' MOA or ACHP Comment	75	(4)
``Substituting'' NEPA for Section 106	79	(6)
The Rest of the Regulation	85	(12)
In Summary	97	(6)
Part Three: Some Tools of the Trade
Public Participation	103	(12)
Writing a Memorandum of Agreement: Heloise's Expanded Helpful Hints	115	(10)
The Invented Wheels: Standard Stipulations	125	(50)
Epiloge: The Future of Section 106	175	(6)
Appendix A: A Walk Through the ACHP's Archeological Guidance	181	(10)
Bibliography	191	(2)
Index	193