Saving Places that Matter: A Citizen's Guide to the National Historic Preservation Act

by King,Thomas F

• ISBN13: 9781598740851
• ISBN10: 1598740857
• Format: Nonspecific Binding
• Copyright: 2008-08-15
• Publisher: Routledge

Summary

They're going to wipe out your neighborhood or drive you off your ranch to put in a transit station or a surface mine. How do you stop it? Tom King, renowned expert on the heritage preservation process in the United States, explains to preservationists and other community activists the ins and outs of Section 106 of the National Historic Preservation Act--the major U.S. law designed to protect historic places-and how it can be used to protect special places in your community. King will show you the scope of the law, how it is often misinterpreted or ignored by government agencies and developers, and how to use its provisions to force others to pay attention to your concerns. He explains the quirky role of the National Register of Historic Places and the importance of consultation in getting what you want. King provides you with examples of how people like you can use the Section 106 process to stop wanton development, and encourages you to do the same. King's guide will be a bible for anyone trying to save heritage from destruction.

Table of Contents

Preface	p. 9
Saving Places-Introduction	p. 11
Saving Your Place	p. 11
Consider Section 106	p. 11
Other Laws	p. 13
Some Success Stories	p. 14
The Purpose of Section 106	p. 18
Achieving Preservation	p. 18
Knowing Your Place	p. 19
The National Register of Historic Places	p. 22
The Letter of the Law	p. 24
Words, Regulations, and Laws-Understanding the Context of Section 106	p. 26
Definitions	p. 26
The Cast of Characters	p. 39
The Project Proponent	p. 39
Federal Agency Overseers	p. 43
Government Review Agencies	p. 45
Indian Tribes and Native Hawaiian Groups	p. 49
Architect/Engineering/Planning Firms	p. 50
Environmental Impact Assessment Firms	p. 51
Cultural Resource Management Firms	p. 52
Project Supporters	p. 53
Local/Neighborhood Opposition Organizations	p. 53
National Advocacy Groups	p. 54
How Section 106 Is Supposed to Work-And Why It Often Doesn't	p. 56
Section 106: A Thumbnail Sketch	p. 56
A Quick Digression into NEPA	p. 59
How Agencies Abuse Their Responsibilities A Summary	p. 61
Place-Saving Strategies-Getting Into the Action	p. 73
Strategics	p. 73
How Section 106 Review Gets Started	p. 79
Becoming a Consulting Party	p. 88
Asserting your interest	p. 89
Place-Saving Strategies-Getting Your Place Noticed	p. 95
Strategics	p. 95
"Historic Properties" and the "Identification Effort"	p. 96
Scoping	p. 98
Real Scoping	p. 102
The Results of Scoping	p. 110
What's Really Supposed to Come Out of Identification	p. 117
Historic Property Identification and NEPA	p. 120
Evaluation-Is Your Place Eligible for the National Register?	p. 123
For Those Who Just Tuned In	p. 123
Register Eligibility is Really Important	p. 124
What the Register Is	p. 125
What Agencies Are Supposed To Do	p. 126
Regarding as Eligible, Determining Eligibility, Listing	p. 127
The Criteria	p. 129
What the Criteria Mean	p. 129
Strategics	p. 135
What To Do	p. 136
Common Proponent Dodges	p. 140
Playing the Criteria Considerations	p. 147
Back to the Process	p. 154
Don't Forget NEPA	p. 157
Will There Be an Adverse Effect on Your Place?	p. 160
So Your Place Is Eligible	p. 160
What Being Eligible Means	p. 161
"No Historic Properties Affected"	p. 161
Determining Adverse/No Adverse Effect	p. 162
The Upshot	p. 175
Don't Forget NEPA	p. 176
"Resolving" Adverse Effects on Your Place	p. 179
Strategics	p. 179
What the Agency Has To Do	p. 180
Consultation: Avoiding and Climbing Out of Pitfalls	p. 182
Don't Shoot Yourself in the Foot	p. 185
The Memorandum of Agreement	p. 190
If There Is an MOA	p. 190
NEPA Coordination	p. 192
Endgame - and Further Complications-How You Got To This Point	p. 196
Stop the MOA	p. 196
And Then?	p. 199
Convincing the Council	p. 200
But...	p. 201
Playing By Other Rules	p. 201
An Example: The Trail of Dreams	p. 205
Afterword: Now That We Understand the System-Let's Fix It	p. 210
Section 106 Memorandum of Agreement for the Broad Run Bridge	p. 212
Resources	p. 218
Glossary	p. 222
Index	p. 235
About the Author	p. 240
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