Section 106 Environmental Review


	When Congress established the National Register it recognized the importance of private property and local control. Thus, the Register is an honorary designation that does not exercise any control over private property. (THERE IS NO REGULATION) However, Congress also recognized the need to provide some protection for important historic properties from federal projects. Much of this came in reaction to massive federally-sponsored urban renewal projects in the early 1960s. Section 106 review takes its name from Section 106 of the National Historic Preservation Act of 1966. This section sets up a review process through the states to avoid federal projects adversely impacting historic properties. A federal project is any project that may be carried out by a federal agency; is receiving federal funds, a federal loan, or a federal loan guarantee; or may involve a federal license or permit. The lead federal agency (the federal agency carrying out the project or offering assistance) is responsible for carrying out the Section 106 review procedure. The first step is to determine if there are any historic properties, or potentially historic properties, within the impact area of the project. Historic property is defined as listed in the National Register of Historic Places. It can also mean a property that may be eligible for listing in the Register. This section contains a procedure for determining whether a property not listed in the Register may be eligible.

	Once properties within the impact area have been identified as historic, a determination must be made as to a project's potential effect on those properties. There are three possible effect determinations: No Effect, No Adverse Effect, and Adverse Effect. Adverse effect can include the following: physical destruction or damage alteration inconsistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties relocation of the property change in the character of the property's use or setting introduction of incompatible visual, atmospheric, or audible elements neglect and deterioration transfer, lease, or sale out of Federal control without adequate preservation restrictions If an adverse effect is determined, this section contains a procedure for the State Historic Preservation Office, the lead federal agency, and other parties to reach an agreement to solve, mitigate, or address the adverse impact.
		New Orleans' is the last historic streetcar line in the United States. Section 106 Environmental Review of a proposed federally funded project to replace the historic cars helped to ensure their survival.
	The Louisiana Division of Historic Preservation processes over 3,000 federal projects annually -- everything from highway construction to bringing blighted housing up to code, levee projects, cell towers, restoration of historic federal buildings, and construction of park and recreation facilities. Section 106 review is a positive advisory process that affords federal agencies the opportunity to take historic preservation fully into account as part of their overall planning process. If you would like more information or have a project for which you need assistance, please contact: Section 106 Environmental Review Staff Division of Historic Preservation P. O. Box 44247 Baton Rouge, LA 70804 (225) 342-8160
		Section 106 Environmental Review led to a partnership between the Air Force and the Division of Historic Preservation which resulted in the National Register listing of the Barksdale Field Historic District.
	Related Links: Advisory Council for Historic Preservation's Citizen's Guide to Section 106 Review Advisory Council for Historic Preservation's Section 106 Regulations Flow Chart Secretary of the Interior's Standards for the Treatment of Historic Properties

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