CONSULTATION AND COMPLIANCEWetlands Delineation and Jurisdictional WetlandsCultural Resources and Section 106Threatened and Endangered SpeciesNEPA
DETERMINE THE FEDERAL NEXUSFederal or Tribal LandsCorps PermitFederal License
FEDERAL LANDS – NATIONAL PARK SERVICE REBUILD ON EXISTING ROW Construction Permit NEPA - EA Section 106 = Undertaking Under 36CFR800NPS Must Initiate the Section 106 Consultation
FEDERAL PERMIT - JPA404 Permit from USACEFederal Undertakingaccording to 36CFR 800Permit Cannot Be Issued UntilSection 106 Consultation isCompleteThe USACE Must Initiate Section 106 Consultation
AREA OF POTENTIAL EFFECTSThe Federal lead Agency determines the APEin consultation with SHPO/THPO - Section 36CFR 800.4(a)The USACE determines that the APE includes onlythose areas over which it has jurisdiction– not the entire projectSurveys and evaluations are complete =No Effects Historic Properties within the APE!!!Unless there are state requirements under state law and/or regulations,a 100% survey of the preferred alternative may not be necessary!
STATE PROCESS ANDMITIGATIONNo Effects to Historic Properties Within the APE!!!But under state law andregulations, there are impactsto historic properties……But resolution of impactsinvolves consultation with SHPOAnd stakeholders outside theSection 106 process
CONSULTLING PARTIES ANDPUBLIC INVOLVEMENT36CFR 800.2(c)• Representatives of local governments;• Additional consulting parties (individuals and organizations with a demonstrated interest; and• The public (property owners and others identified through NEPAIt is critical that it can be demonstrated that consulting parties andthe public were “appropriately” engaged throughout theSection 106 Process This will be questioned by the SHPO, the ACHP, and – which is often the case - a Judge
CONCLUSION – START AT THEBEGINNINGSTART AT THE ONSET OF THE BUSINESS DECISION ANDPRIOR TO ROUTING STUDYIdentify the Federal Involvement - if anyWork with the Agency to Identify the Possible Limits ofFederal JurisdictionIdentify Consulting Parties – at the project onsetInitiate Consultation and Develop a Coordination PlanWORK FOR STANDARDIZATION OF GUIDELINES FOR SHPO REVIEW