Section 106 of The National Historic Preservation Act

This means that EVERY (both Block Grant projects and non-Block Grant projects) federally funded project must evaluate the possible impacts from the project on historic places. There are different levels of evaluation or review that can be done and are outlined below as Options 1-4. Always start out with Option 1 and progress in order through these options as the requirements progressively increase depending on the level of impact from the project. For those airports in the Block Grant program, NHDOT/Aeronautics will be acting on behalf of FAA as the lead environmental agency – so long as the project does not use discretionary funds. FAA will be the lead environmental agency on all non-Block Grant program airport projects and those Block Grant program airport projects that involve discretionary funds. It is important to note that Section 106 coordination, if the project that requires it, will only produce SHPO comments – not an approval or permit. The final approval (called a "finding") of the Section 106 coordination will come from FAA (for non-Block Grant airports and Block Grant airports using discretionary funds) or from NHDOT/Aeronautics (for Block Grant airports not using discretionary funds).

Section 106 evaluations are not part of the Intergovernmental Review (E.O. 12372) process because the National Historic Preservation Act is a federal law and the Intergovernmental Review seeks only state and local agency input. This is the reason why Section 106 and other federal laws must coordinated separately. Similarly, FAA order 1050.1, paragraph 304 lists “extraordinary circumstances” that require separate evaluation of Section 106 issues when evaluating for a possible Categorical Exclusion (CATEX) to NEPA. A CATEX can be issued for any of the Options below, assuming all adverse impacts (if any) can be mitigated.

Option 1: The project is on the approved list of projects not needing Section 106 review.

• Airport sponsor to submit to FAA and NHDOT/Aeronautics, as appropriate, an e-mail or letter stating the project is one of the approved projects not needing Section 106 review (see below for this list). Also, if your project is in this list, you will not be sending your project's E.O. 12372, Intergovernmental Review, package to the NH SHPO. Please note that while any planning projects are no longer subject to Section 106 coordination, you may still want to coordinate the alternatives you're studying with NH SHPO to solicit their input.

  FAA and the NH SHPO's office have worked together to formalize a list of airport projects that don't have the potential to cause effects on historic properties and thus do not need NH SHPO coordination (via RPR - Transportation Projects form). These projects are as follows:
   

  • Airport master plans, environmental assessments, noise studies, and other planning studies
  • Purchasing snow removal, rescue/firefighting vehicles, and other equipment
  • Pavement rehabilitation/reconstruction, which only disturbs previously disturbed areas
  • Pavement marking and remarking
  • Land purchase that has no construction or demolition
  • Repairing or replacing in kind existing airfield signs & existing airport lighting
  • Repair or renovation in the interior spaces of non-public buildings less than 50 years old
  • Tree cutting or vegetative removal, with no stump removal and no disturbance of soil

Option 2: The project is NOT on the approved list of projects not needing Section 106 review, however, the project will have no effect on historical properties.

• Airport sponsor to submit to FAA and NHDOT/Aeronautics, as appropriate, who will forward it onto the NH Division of Historic Resources a Request for Review (RPR) Form - Transportation Projects with supporting data as needed. Attendance at NHDOT's Cultural Resource Agency Coordination Meeting(s) is recommended (coordinate all projects through NHDOT/Aeronautics' office).
• NH Division of Historic Resources will provide comments (30-day turn around) and return RPR - Transportation Projects form with comments to airport sponsor, FAA, and NHDOT/Aeronautics.
• FAA and/or NHDOT/Aeronautics will coordinate and prepare Section 106 findings statement. It is recommended that a No Historic Properties Affected Memorandum memorialize this finding for the project files. Signature order should be the airport sponsor, then NHDOT/Aeronautics, then NH SHPO, then finally FAA (if discretionary funds are included in Block Grant projects, or for all non-Block Grant projects).

Option 3: The project is NOT on the approved list of projects not needing Section 106 review, however, the project will have an effect on historical properties but it's not adverse.

• Airport sponsor to submit to FAA and NHDOT/Aeronautics, as appropriate, who will forward it onto the NH Division of Historic Resources an RPR - Transportation Projects form with supporting data as needed. Attendance at NHDOT's Cultural Resource Agency Coordination Meeting(s) is recommended (coordinate this through NHDOT/Aeronautics' office).
• NH Division of Historic Resources will provide comments (30-day turn around) and return RPR - Transportation Projects form with comments to airport sponsor, FAA, and NHDOT/Aeronautics.
• FAA and NHDOT/Aeronautics will coordinate and prepare draft Section 106 findings statement for comment by SHPO and other consulting parties. It is recommended that a No Adverse Effects Memorandum memorialize this finding for the project files. Signature order should be the airport sponsor, then NHDOT/Aeronautics, then NH SHPO, then finally FAA (if discretionary funds are included in Block Grant projects, or for all non-Block Grant projects).

Option 4: The project is NOT on the approved list of projects not needing Section 106 review, however, the project will have an effect on historical properties and it's adverse.

• Airport sponsor to submit to FAA and NHDOT/Aeronautics, as appropriate, who will forward it onto the NH Division of Historic Resources an RPR - Transportation Projects form with supporting data as needed. Attendance at NHDOT's Cultural Resource Agency Coordination Meeting(s) is recommended (coordinate this through NHDOT/Aeronautics' office).
• NH Division of Historic Resources will provide comments (30-day turn around) and return RPR - Transportation Projects form with comments to airport sponsor, FAA, and NHDOT/Aeronautics.
• FAA and NHDOT/Aeronautics to coordinate and prepare draft Section 106 findings statement for comment by SHPO and other consulting parties.
• Airport sponsor, consultant, FAA, NHDOT/Aeronautics, NH Division of Historic Resources, and any interested consulting parties negotiate terms of mitigation that will be formalized in a Memorandum of Agreement (MOA). Signature order should be the airport sponsor, then NHDOT/Aeronautics, then NH SHPO, then finally FAA (if discretionary funds are included in Block Grant projects, or for all non-Block Grant projects).