The section hernia de disco lumbar sintomas 106 review process thc.texas.gov – texas historical commission

The following gives an overview of the steps in the hernia de disco lumbar sintomas section 106 process. For more detailed information, please see an overview of section 106 and A citizen’s guide to section 106 review on the advisory council hernia de disco lumbar sintomas on historic preservation website.

• participants in the section 106 process: the federal agency must identify potential consulting parties, including the state historic preservation officer (SHPO), tribal historic preservation officer (THPO), local governments, applicants for federal assistance, interested parties, and the public. The agency must invite parties to participate in consultation and hernia de disco lumbar sintomas provide basic information about the undertaking to all parties. In some cases, the federal advisory council on historic preservation (ACHP) will also participate in consultation.

• defining the area of potential effects (APE): the federal agency must identify areas where its project could hernia de disco lumbar sintomas directly, indirectly, or cumulatively affect historic properties. Defining the APE is done prior to identifying historic properties.

Federal agencies are responsible for initiating section 106 consultation, involving consulting parties and the public, and completing the steps in the process as outlined in hernia de disco lumbar sintomas 36 CFR part 800. Section 106 requires that federal agencies take historic properties into hernia de disco lumbar sintomas consideration, but it does not necessarily dictate a preservation-oriented outcome. After considering the views of consulting parties through the section hernia de disco lumbar sintomas 106 process, the federal agency is ultimately responsible for determining whether to hernia de disco lumbar sintomas proceed with a given project.

Some federal agencies transfer certain section 106 responsibilities to others. For example, applicants for federal financial assistance or federal permits may be hernia de disco lumbar sintomas required to provide information about the project directly to the hernia de disco lumbar sintomas SHPO. In the case of the U.S. Department of housing and urban development, responsibility for section 106 is fully borne by local governments hernia de disco lumbar sintomas that receive HUD assistance; please see the HUD guidance memorandum under guidance and agreement hernia de disco lumbar sintomas documents for more details.

The NHPA created the advisory council on historic preservation (ACHP), an independent federal agency in the executive branch that oversees hernia de disco lumbar sintomas the implementation of section 106, among other responsibilities. Federal agencies must give the ACHP a reasonable opportunity to hernia de disco lumbar sintomas comment on their undertakings as part of the section 106 hernia de disco lumbar sintomas process. The ACHP rarely enters into consultation for specific undertakings but hernia de disco lumbar sintomas must be notified of any adverse effects to historic properties. Please see the ACHP website for more information.

The NHPA requires the governor of every state to appoint hernia de disco lumbar sintomas a state historic preservation officer (SHPO) to administer a preservation program in the state. The SHPO consults with federal agencies during section 106 review hernia de disco lumbar sintomas and represents the interest of the state in preserving its hernia de disco lumbar sintomas cultural heritage. In texas, the SHPO is the executive director of the texas historical hernia de disco lumbar sintomas commission (THC). Please see how the THC reviews projects and what to hernia de disco lumbar sintomas send for a project review for further details on how hernia de disco lumbar sintomas to coordinate with our office.

Federal agencies are required to consult with federally recognized indian hernia de disco lumbar sintomas tribes that may attach religious and cultural significance to a hernia de disco lumbar sintomas historic property. The section 106 regulations also provide for a federally recognized hernia de disco lumbar sintomas tribe to appoint a tribal historic preservation officer (THPO) to consult directly with federal agencies during section 106 review. Please review our guidelines for tribal consultation for information on hernia de disco lumbar sintomas the tribal consultation process, tribal contacts, and areas of interest.

Applicants for federal assistance, permits, licenses, and other approvals are also entitled to participate as consulting hernia de disco lumbar sintomas parties in the section 106 process. The federal agency may authorize applicants to initiate consultation but hernia de disco lumbar sintomas remains legally responsible for ensuring the process is followed prior hernia de disco lumbar sintomas to granting federal assistance.

Additional consulting parties may include individuals and organizations with a hernia de disco lumbar sintomas demonstrated interest in a project. In texas, communities may have multiple commissions and organizations with a vested hernia de disco lumbar sintomas interest in historic preservation. Each county in texas is required by state law to hernia de disco lumbar sintomas have a county historical commission (CHC), which is an official body of county government. For more information on chcs’ role in the review process, see also review & compliance for county historical commissions. Many texas municipalities also have a local historic preservation officer hernia de disco lumbar sintomas and landmark commission. Historic downtown commercial districts may participate in the texas main hernia de disco lumbar sintomas street program, and the local main street manager would be interested in hernia de disco lumbar sintomas projects in the main street district. Some communities may also have local or regional non-profit preservation organizations. The federal agency should identify and consider including all of hernia de disco lumbar sintomas these entities in the consultation process, when appropriate.

The federal agency must also provide an opportunity for the hernia de disco lumbar sintomas public to comment. The views of the public are essential to informed decision-making in the section 106 process, and it is incumbent upon the federal agency to seek hernia de disco lumbar sintomas and consider the views of the public in a manner hernia de disco lumbar sintomas that reflects the nature and complexity of the undertaking and hernia de disco lumbar sintomas its effects on historic properties. The federal agency must provide the public with information about hernia de disco lumbar sintomas the project and allow the public to comment.

As the first step in the section 106 process, the federal agency must determine whether its proposed action is hernia de disco lumbar sintomas an undertaking, and if so, whether it is a type of activity that could affect hernia de disco lumbar sintomas historic properties. If an undertaking has no potential to cause effects to hernia de disco lumbar sintomas historic properties, should any be present, the agency is finished with its section 106 obligations. This determination must be made by the agency official, not an applicant for federal assistance, consultant, or other party.

When a proposed undertaking has the potential to affect historic hernia de disco lumbar sintomas properties, the federal agency or its delegate should initiate consultation by hernia de disco lumbar sintomas providing documentation about the project to our office and other hernia de disco lumbar sintomas consulting parties, as appropriate. Please see what to send for a project review for hernia de disco lumbar sintomas a description of the documentation necessary to initiate section 106 hernia de disco lumbar sintomas review, including the request for SHPO consultation form and required attachments.

Our office has 30 days upon receipt of adequate documentation hernia de disco lumbar sintomas to review and comment on a project. If additional information is requested, the 30-day review period will reset upon receipt of the new hernia de disco lumbar sintomas information. For this reason, it is very important to fully complete the review form hernia de disco lumbar sintomas and provide the required attachments with your initial submission.

During the section 106 process, the federal agency or its delegate must identify historic properties hernia de disco lumbar sintomas and determine the effect of the proposed project on them. In order to do so, it is first necessary to define and document the area hernia de disco lumbar sintomas of potential effects (APE) for the project. The APE is the geographic area within which an undertaking hernia de disco lumbar sintomas may directly or indirectly cause changes in the character or hernia de disco lumbar sintomas use of historic properties, if such properties exist. The area of potential effects is influenced by the scale hernia de disco lumbar sintomas and nature of the undertaking and may be different for hernia de disco lumbar sintomas different kinds of effects caused by the undertaking. Generally, an area broader than the project footprint must be considered.

The APE should be coordinated with our office early in hernia de disco lumbar sintomas the consultation process, before efforts to identify historic properties occur. Please see the document guidance for defining areas of potential hernia de disco lumbar sintomas effect under guidance and agreement documents for further discussion of hernia de disco lumbar sintomas how to define the APE for particular project types.

The NHPA established the national register of historic places, which is a list of districts, sites, buildings, structures, and objects of national, regional, or local significance. Under section 106, federal agencies must consider the effects of their actions on hernia de disco lumbar sintomas historic properties, defined as resources that are included in, or eligible for inclusion in, the national register. To be eligible for listing, a cultural resource must meet certain criteria for designation, as outlined in the national register portion of our website.

After defining the APE in consultation with our office, the federal agency must identify any historic properties within that hernia de disco lumbar sintomas boundary. It is not the SHPO’s responsibility to conduct research or fieldwork for the identification hernia de disco lumbar sintomas of historic properties. This information must be provided with the project submission to hernia de disco lumbar sintomas our office.

As a first step, you may consult the texas historic sites atlas to determine hernia de disco lumbar sintomas if previously identified historic properties exist in the APE. Please keep in mind that the atlas lists only those hernia de disco lumbar sintomas properties that have actually received historical designations, not those simply determined eligible for designation. In most cases, fieldwork to identify additional historic resources will be required for hernia de disco lumbar sintomas compliance with federal law. Information about archeological sites is not available to the general hernia de disco lumbar sintomas public to protect the sites from vandalism and destruction.

Identification of historic properties should be carried out by a hernia de disco lumbar sintomas professional meeting the secretary of the interior’s professional qualifications standards in an applicable field. If determinations of national register eligibility are made by a hernia de disco lumbar sintomas qualified professional, our office will concur or not concur with those determinations. If a professional is not involved, the THC will make a determination of eligibility based on hernia de disco lumbar sintomas the information provided.

Once historic properties have been identified in the APE, the federal agency must determine the effect of the proposed hernia de disco lumbar sintomas undertaking on those historic properties. An effect occurs when an action alters the characteristics of hernia de disco lumbar sintomas a property that qualify it for listing in the national hernia de disco lumbar sintomas register of historic places, including changes to the property’s location, design, setting, materials, workmanship, feeling, and association. Effects can be direct or indirect, and can be physical, visual, audible, or economic. They may include a change in ownership or use. The assessment of effects may reach one of three outcomes:

• no historic properties affected means either there are no historic hernia de disco lumbar sintomas properties present in the APE, or the proposed project will have no effect on historic hernia de disco lumbar sintomas properties that are present. SHPO concurrence with this determination concludes the review process, and no further consultation is required.

• no adverse effect means that there are historic properties present hernia de disco lumbar sintomas in the APE, and while the proposed project will have an effect on hernia de disco lumbar sintomas them, it is not detrimental. An example of a project that would have no adverse hernia de disco lumbar sintomas effect is rehabilitation of a building that meets the secretary hernia de disco lumbar sintomas of the interior’s standards for the treatment of historic properties. SHPO concurrence with this determination concludes the review process, and no further consultation is required. A determination of no adverse effect with conditions requires that hernia de disco lumbar sintomas the federal agency comply with conditions described in our response hernia de disco lumbar sintomas or engage in further consultation.

• adverse effect means that the proposed project will have a hernia de disco lumbar sintomas detrimental impact on historic properties in the APE. Examples include demolition or destruction of a historic property, alterations that do not meet the secretary of the interior’s standards, or introduction of new elements in the property’s setting that diminish its historic integrity. Upon arriving at this determination, the federal agency must continue consultation and seek ways to hernia de disco lumbar sintomas avoid, minimize, or mitigate the effects to historic properties. Once such means of resolving adverse effects are agreed upon hernia de disco lumbar sintomas by the agency and consulting parties, they are formalized in a memorandum of agreement.

As with the previous step, assessment of the effects of the undertaking on historic properties hernia de disco lumbar sintomas should be carried out by a professional meeting the secretary hernia de disco lumbar sintomas of the interior’s professional qualifications standards in an applicable field. If determinations of effect are made by a qualified professional, our office will concur or not concur with those determinations. If a professional is not involved, the THC will make a determination of effect based on hernia de disco lumbar sintomas the information provided.

An adverse effect is an undertaking that may alter, directly or indirectly, any of the characteristics of a historic property that qualify hernia de disco lumbar sintomas that property for listing in the national register of historic hernia de disco lumbar sintomas places. Adverse effects may include reasonably foreseeable effects that may occur hernia de disco lumbar sintomas later in time, be farther removed in distance, or be cumulative. Examples of adverse effects include:

Upon arriving at this determination, the federal agency must notify the ACHP of the adverse hernia de disco lumbar sintomas effect and continue consultation with the SHPO and other consulting hernia de disco lumbar sintomas parties. It is especially important to consider the views of the hernia de disco lumbar sintomas public at this stage in the process. The goal of ongoing consultation is to seek and evaluate hernia de disco lumbar sintomas measures that would avoid, minimize, or mitigate the adverse effects to historic properties. If the federal agency agrees to revise the project in hernia de disco lumbar sintomas a way that would avoid all adverse effects, the project may proceed without further consultation. However, if the adverse effect cannot or will not be avoided, the agency must enter into a memorandum of agreement (MOA) with the SHPO, and potentially other consulting parties and the ACHP. This legally binding agreement describes efforts that will be implemented hernia de disco lumbar sintomas to minimize or mitigate the adverse effect. Once an MOA is executed, the project may proceed under the terms of the agreement.

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