PROJ00455

• Contract/PO #: C153583
• Contractor Name: Ute Water Conservancy District
• Water District: 0
• Bill Number: XB 99-999
• Loan Projects - Doc Type: Feasibility Study

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FACT SHEET: WORKING WITH SECTION 106

Figure 1: A brief look at Section 106 revlew

How do.. Se<:lion 106 rOYiow -w? The
standard review process la se>elled out In
F.d.ral regulalion. ilSUed by lheAd.
visery Council on Historic Preservation.
Entitled 'Prolac1ion of H1sloric Proper.
ties,. the regulationa appear in the U.S.
Cod. of Federal Reguladon. al36 CFA
Part 800. The process invol..... five basic
steps, as follow.

Step 1: Identify and evaluate
historic properties

The Federaf agency responsible fOf an
undertaking begin. by tdentifytng the his-
tone prop6rtils the undertaking may at..
teet. To do thil, the agency first revi...
backgroundinlorrnation and eonsul\$
wilh the S1ateHlIlDric Pr8MJYation 0f-
ficer (SHPO) and othtrl who may know
about historic properti.. in tha area.
Based on this review the agency deter-
mines what additJonaJ surveys Of other
field studies may be needed, and co"..
ducts such studies.

If properties, that is, districts, sites, build..
iogs. structures., or objects, are found
that may be eligible for inclusion in the
National Register of Historic F'tacea, but
have not yet be.n included in the
Aegisler. lhe agency evaluatn them
again.t erilena published by the Nadonal
Pari< Se",iee, which maintain. lhe
Aegister. This evaluatiQn Is carried out in
consultation with lha SHPO, and ~ q....
tions ari.. aboutlha 'Iigibility 01 a gr..n
~(operty, tha ageney may ..ek a formal
de!ermination of eligibility from the
Secrl!tary of thelntlrKM'. If a property has
already been included in the National
~.egister. of course, further ..,.Iuation i.
not ordinarily necas.sary. Section t06
review gives equal treatment to prop....
ties tnat have already been included in
lhe Register and those thai are eligIble
for inclusion.

-

Step 2: A'Se~,~ffect. ...

W hislone proptrlin. that la. prOptf1l.a
eluded in '" .ligible '''' incIuaion in the
National Rtgiattr. are found. the agancy
lh.n ........ what _ its und.rtaking
will h... on lhem. Again the agancy
-WI with lIle SHPO. and oonaid...1ht
views of oth.... The agency mu.. its
asseaament bastcI on aiItiIa found III
the Council'. regulatiOn.. andean mioke
one of thre, determination.; .

o No effect: lha undertaking will not at.
fact historic propertin;

o No a_effect' the Ulidertaldrig will
affect one or more historic properti...
but lha effact will not be harmful:

o Ad""... .lfeci: the undertaking \om .
harm on'"or more historic.properti..-.

Step 3: Consultation

W an _.. .lfact will occur, the ag.ncy
eonsul\$ wilh lhe SHPO and olhera In an
.ffort 10 find ways III muelh. undonaJc.
lng lese nanntul. Oth,rs who" at. con-
sulted, undel various circumatancn.-
may include Ioc:al govemmonts, indian
tribes. property own.... othar mambers
of lh. public. and u.e Council. Consulta-
tion is dnigned 10 r.suIt in a Memotan-.
dum of A;raamont (MOA). which outIinn
m.uurn agreed upon thai the ag.ncy
will lak. III redUCt. 81/Oid. or miligalt U,e
adII.... effOCl. In some eaaea the eon-
lUning partie. may ag_1ht1 no such
m......rn art availabl.Jlullhat lha ad-
verst Iffects must be accepted in the
public imlrlst

If consultation prOVft unproductive, the
agency or ItIt SHPO, or II1t Council ~.
self, may terminate consultation. The
ag.ncy mustlUbm~ appropriate
docum.ntation 10 lhe Council and ...
qUlst the Council's writt.n comm.nts.

Step 4: Council comment

The Council may commlnt during step 3
of the process. by participating in con.ult.
ation and ~ning the relUlting MOA,
OthefWilt. the agancy Obtain. Council
oomrMnt by submitting the MOA to the
Council for review and acceptance, Th.
Council can a_pt lhe MeA. request
chang.., Of opt to issu. writtaln e:om-
menta.. N consuJtation was terminated,
th, Council issue. it. written- comments
dirtctty 10 Iha ag.ney haad. as th. agan.
ey had requested,

Step 5: Proceed

If an MOA is execut.d. the agency
proceed. with its undertaking under the
terms of thl MOA. In the absence of an
MeA. the agency head must take into ae.
count the Council's Wfinen commet'lts in
deciding whether and how to proceed.

Alternative approaches

The Section 106 regulations also spell
out three altemative means of complying
with Section 106. Thlse are

o Programmatic AGr.ements among an
agency, the Council, on. or more
SHPOs, and other.;

o Counterpart regulations developed by
an agency and approvld by the Council;

o M agreement between thl Council
and a Statl, which substitutes I State
revi.w systlm for the standard Section
106 review prOClSS.

AOnSORY COL'NCIL ON HISTORIC PRESERVATION