Step I Initiate the Section 106 Process Public Involvement. Section 106 Overview. Advisory Council On Historic Preservation s Flow Chart

Transcription

1 Step I Initiate the Section 106 Process Public Involvement Section 106 Overview 1 Advisory Council On Historic Preservation s Flow Chart 2 1

2 Step 1 Plan to Involve the Public and Identify Other Consulting Parties 3 Step 1 - Section 106 Public Involvement 36CFR 800.2(d)ThePublic... The views of the public are essential to informed Federal decision making in the section 106 process. The agency official shall seek and consider the views of the public in a manner that reflects the nature and complexity of the undertaking and its effects on historic properties and likely interest of the public in the effects on historic properties

3 Use of NEPA Public Involvement Activities to Satisfy Section 106 Public Involvement Requirement The Section 106 regulations allow for the use of the NEPA public involvement process to fulfill the Section 106 public involvement requirement; as long as,... Adequate opportunities are provided for the public to participate in the Section 106 process [36 CFR 800.2(5)(d)(2)]. 5 Step 1 Section 106 Public Involvement To ensure the Section 106 public involvement requirement is satisfied by the NEPA public involvement process, information on the Section 106 process should be made available via the NEPA public involvement process: Project meetings, Project websites, Public notices, or Direct mailings/ s. Refer to the ODOT OES Public Involvement manual: INVOLVEMEx 6 3

4 When to Initiate the Identification of Section 106 Consulting Party Candidates When there are anticipated effects to historic properties and there is the potential for public controversy associated with the effect, Section 106 specific public involvementefforts must be initiated. These efforts are in addition to the standard NEPA public involvement process; but may be conducted in conjunction with the standard NEPA public involvement process. Refer to: Section106Toolkit.aspx. 7 When to Initiate the Identification of Section 106 Consulting Party Candidates A project that does not have the potential to affect historic properties due to the nature and complexity of the action would not require direct mailings to local historical societies and additional consulting party candidates unless, public controversy orinterestintheeffectoftheactiononahpislikely. Otherwise, NEPA public involvement activities should be used to satisfy the public involvement requirement of Section 106[36 CFR 800.2(5)(3)]. 8 4

5 Step 1 - Section 106 Consulting Parties Section 106 Consulting Parties have a different status than the general public. The Section 106 regulations list specific entities that are entitled to be Section 106 consulting parties [36 CFR 800.2]: State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO)/Tribes (that have not assumed SHPO functions), Local Government Officials, Applicants for Federal assistance, permits, licenses, approvals Additional Consulting Parties. 9 Step 1-Section 106 Public Involvement Additional Consulting Parties are defined as: Individuals or organizations with a demonstrated interest in the effect of the undertaking on historic properties. In order to be considered a Section 106 Consulting Party on a project, an individual or organization must submit a request in writing to the ODOT District Office/Project Team. The application is forwarded to the ODOT-OES Cultural Resources staff who facilitate formal acceptance of the requests. 10 5

6 Step 1 - Section 106 Consulting Parties Common Additional Consulting Partycandidates may include: Members of the public who have expressed an interest in the effect of the undertaking on historic properties, Local historical societies, Effected property owners, Neighborhood groups, Historic property owners, Certified Local Governments, Canal & historic bridge associations. 11 Step 1 - Section 106 Consulting Parties Applications to Be Considered a Section 106 Consulting Party may be made available at: ODOT District Office website; NEPA public meetings; and Direct mailings/ s. Handouts & Templates available at: Section106Toolkit.aspx. 12 6

7 Roles and Responsibilities of Section 106 Consulting Parties Section 106 Consulting Parties have specific roles in the Section 106 process: Assist in identifying other consulting party candidates, Help identify historic resources(bring in local expertise), Provide data(additional records/information), Review documentation and reports(within deadlines), Voice input and propose mitigation options; and Participate/comment at any step in the process. 13 Steps I-4 of Section 106 Process Consulting Parties are provided opportunities to participate throughout Steps 1-4 of the Section 106 process. Consulting Parties may provide comments at any time during the process. Once formally acknowledged, future communication & sharing information with CPs may be informal and through a variety of medians (i.e. , face to face meetings, telephone, etc.). 14 7

8 Step 1 - Section 106 Consulting Parties The project manager is responsible for ensuring Section 106 documentation is made available to the consulting parties in a timely manner. The project manager is also responsible for tracking Section 106 Consulting Party contact information including current address and address; and, for communicating directly with the consulting parties. The ODOT-OES Cultural Resources staff and/or the ODOT District DEC are available to assist in these efforts. 15 Key points Include efforts to identify potential CP in PI plan early in project planning. Right size - identification/consultation efforts with complexity, level of interest or controversy. Identification/consultation is ongoing. Document efforts to identify and consult with CP 16 8

9 Step 1- Section 106 Public Involvement Contact ODOT-DEC or ODOT-OES CR staff if there is a question as to the recommended level of effort required to fulfill the Section 106 public involvement requirement. Refer to the ODOT OES CR Toolkit & Public Involvement Manual: o Section106Toolkit.aspx. o sues/public_involvement/pages/default.aspx. 17 9