Section 106, Section 4(f) and You!: The Role of Consulting Parties in Transportation Projects Kevin Mock, Historic Preservation Specialist Pennsylvania Department of Transportation Engineering Districts 4-0 & 5-0 Scranton, Pa

Linton Stevens Covered Bridge, ca Elk Township Wooden Burr Truss

Section 106 National Historic Preservation Act, of 1966 – Establishes a program for the preservation of historic properties Section 106 – Applies to all federal undertakings: federal aid and federal permits – Federal agencies need to assess effects of their projects on historic properties – codified as 36CFR§800: Protection of Historic Properties

Section 106 Section 106 Programmatic Agreement In PA – Between Federal Highway Administration, PennDOT, the Advisory Council on Historic Preservation, and PHMC Signed in 2010 – PennDOT acts on behalf of FWHA in making determinations of effect – PennDOT Pub 689: Cultural Resources Handbook

Section 106 Historic Property – At least 50 years old (some exceptions) – Four criteria: Associated with a significant person Significant architectural style Associated with a significant event in history Data potential (usually used for archaeology) – Must also retain its integrity

Ross Fording Bridge, ca West Fallowfield Twp. Pratt Thru Steel Truss

Section 106 Consulting Parties (per 36CFR§800.2): – State Historic Preservation Office (SHPO) In Pennsylvania: Historical and Museum Commission (PHMC) – Indian Tribes (federally recognized) – Representatives of local governments – Applicants for federal permit or assistance (e.g., Pennsylvania Department of Transportation) – Additional consulting parties…

Section 106 Public : – “The views of the public are essential to informed Federal decision-making in the section 106 process. The agency 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, the likely interest of the public in the effects on historic properties, confidentiality concerns of private individuals and businesses, and the relationship of the Federal involvement in the undertaking.” (36CFR§800.2(d)(1))

Section 106 Adverse Effect – FHWA required to mitigate adverse effects to historic properties – Opportunity for Public (i.e., consulting parties) to provide input – An eligible or listed bridge requiring demolition: FHWA only pays up to 80% of demolition cost for moving the bridge – federal law! Bridge no longer eligible for future federal funding

Nicholson Bridge, ca.1878 Wyoming County Lenticular Thru Truss

Section 106 Key Points: – Section 106 is a procedural law, not a statutory law – FHWA is the decider! – An historic property does not stop a project – Consulting parties need to be more active in the 106 process, especially in developing mitigation

Section 4(f) The Department of Transportation Act of 1966, section 4(f): – “…special effort should be made to preserve the natural beauty of the countryside, public parks, recreation lands…and historic sites” – Cannot approve the use of public or private historical sites, unless… There is no feasible or prudent alternative to that use The action includes all possible planning to minimize harm to the property resulting from use – Only applies to FHWA and other DOTs

Pond Eddy Bridge, ca Pike County Pennsylvania Petit Thru Truss

Linking Planning-NEPA – Federal Highway initiative to coordinate planning and the National Environmental Policy Act – Starts with the Regional Planning Organization Chester County: Delaware Valley Regional Planning Commission – Objective is to identify potential environmental impacts early in the planning process – Linked to the Twelve Year Plan To be updated in 2013 – Another opportunity for public involvement

Resource Guide FHWA, PennDOT, and ACHP Programmatic Agreement: PennDOT Public Involvement Handbook (Pub 295): ftp://ftp.dot.state.pa.us/public/PubsForms/Publications/PUB%20295.pdfftp://ftp.dot.state.pa.us/public/PubsForms/Publications/PUB%20295.pdf PennDOT Cultural Resources Handbook (Pub 689): ftp://ftp.dot.state.pa.us/public/PubsForms/Publications/PUB%20689.pdfftp://ftp.dot.state.pa.us/public/PubsForms/Publications/PUB%20689.pdf FHWA and Section 4(F): Linking Planning-NEPA: TYP: ftp://ftp.dot.state.pa.us/public/pdf/STCTAC/STCHearing2013TYP/STCHearingGuidelines2013.pdfftp://ftp.dot.state.pa.us/public/pdf/STCTAC/STCHearing2013TYP/STCHearingGuidelines2013.pdf