- What is Section 106?
- How does the Smithsonian “take these effects into account”?
- What is the relationship between Section 106 and the Environmental Impact Statement for the NMAAHC?
- Who are the participants in the Section 106 process?
- Where are the participants now in the Section 106 process?
- What comes next and how can I have a say?
Section 106 of the National Historic Preservation Act (P.L. 108-72) requires federal agencies to take into account the effects of their “undertakings” on cultural resources that are on or eligible for the National Register of Historic Places.
For Section 106 purposes, the Smithsonian Institution is considered a federal agency. Therefore the development and construction of the National Museum of African American History and Culture (NMAAHC) will be an undertaking under Section 106.
2. How does the Smithsonian “take these effects into account”?
Procedures for consultation under Section 106 are issued by the Advisory Council on Historic Preservation (ACHP), an independent federal agency that oversees the Section 106 process to ensure it is being conducted correctly. The current regulations, 36 C.F.R. Part 800 can be found on the website of the Advisory Council at www.achp.gov.
3. What is the relationship between Section 106 and the Environmental Impact Statement for the NMAAHC?
In Part 800.8 of the regulations, coordination of Section 106 consultation with National Environmental Policy Act compliance, such as an Environmental Impact Statement (EIS), at an early planning stage is encouraged.
Both the EIS and the Section 106 for the NMAAHC are being carried out an early planning stage, prior to design of any building. The Section 106 process will not, however use the procures that allow for the use of the EIS in lieu of Section106; rather it will be a parallel consultation process done in coordination with the EIS and combining the public comment and participation aspects of both laws. One reason for this is that the EIS will be concluded before the Section 106 process. It is anticipated that a Programmatic Agreement under Section 106 to guide later steps of the process will be developed prior to the issuance of a Record of Decision (ROD) for the EIS.
4. Who are the participants in the Section 106 process?
Participants in Section 106 always include the Federal agency with the undertaking, the relevant State Historic Preservation Officer(s), the public, and the Advisory Council on Historic Preservation, although the Council’s degree of active participation depends upon certain criteria its procedures. In addition, there can be other consulting parties.
The site for the NMAAHC on the National Mall in Washington, D.C. (which, by law, was selected from among four sites by the Smithsonian’s Board of Regents) is obviously a prominent one. The National Park Service and the National Capital Planning Commission (which will have review authority over a future museum design) are already consulting parties. Others may be invited by the Smithsonian as the process moves forward.
5. Where are the participants now in the Section 106 process?
In March, 2006, the Smithsonian Institution initiated the process by writing to the District of Columbia Historic Preservation Officer and identifying the future NMAAHC as an undertaking having an effect upon the National Mall, a historic property listed on the National Register of Historic Places.
At present, professional consultant studies are underway to document the archaeological, historic architectural, historic landscape, vista/ view shed, and historic planning resources that may be affected by the NMAAHC undertaking. This is essentially the “Identification” part of the procedures. Other near term tasks include defining the Area(s) of Potential Effect for the undertaking and assessing other Effects.
6. What comes next and how can I have a say?
On January 4, 2007 from 6:00 to 9:00 p.m. at the National Music Center, formerly the City Museum, a Public Scoping Meeting will be held. At that time preliminary information on such items as EIS alternatives and potential environmental impacts, including those to cultural resources will be presented. The public will be invited to comment at the meeting and by means of this website. More information can be found at the link to Public Meeting .