Article 72: National Historic Preservation Act (NHPA)

(Category: environmental-and-historical-compliance)

Article Summary

Section 106 of the NHPA mandates that Federal agencies account for project effects on historic resources (districts, structures, landscapes, archaeological sites) listed or eligible for the National Register of Historic Places. FEMA must identify these properties within a project's Area of Potential Effect (APE) and consult with the SHPO/THPO. Physical work cannot proceed until the historic review process is entirely complete.

Five Key Takeaways for CTA FEMA Compliance

1. Halt Physical Construction Pending Section 106 Completion: Ensure zero ground disturbance or structural alterations occur on an asset older than 45 years until the formal review process is closed.
2. Map Undisturbed Area Crossings Early: Identify if any project footprints cross into previously undisturbed soils, as these locations automatically trigger advanced archaeological evaluations.
3. Leverage Pre-Executed Programmatic Agreements: Review your state's active FEMA Programmatic Agreement to identify pre-approved scope types that can bypass individualized SHPO/THPO consultation.
4. Define a Precise Area of Potential Effect (APE): Document a precise geographic APE—including staging areas and access roads—to help FEMA expedite historic property identification.
5. Exempt Landscape Restrictions from Permanent Claims: Note that standard Public Assistance eligibility rules heavily restrict the permanent restoration of historic landscapes or collections, limiting funding primarily to structural stabilization.

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