NEPA and Section 106: An IntroductionWISDOT MEETING NOVEMBER 3-4, 2015

Purpose

Introduce you to the National Environmental Policy Act(NEPA)

Introduce you to Section 106 of the National Historic Preservation Act (NHPA)

Encourage you to use these laws to manage your land

About Me•I earned my BS in environmental and natural resources from Clemson University.

• I am a recent graduate of the environmental and energy policy masters program at Michigan Tech.

• I am interested in transportation studies, transportation policy, and environmental justice.

•I am currently working with the Eastern TTAP at Michigan Tech to assist with tribal transportation projects.

About MeWhat can you learn from me?

What can I learn from you?

• I can tell you about environmental and energy policies

• I can tell you about environmental justice

• I can tell you about transportation policy

• How tribes work within these laws?

• How tribes maintain sovereignty while working with local, state, and federal entities?

• What has been the impact of these policies on tribal land?

What is a federal undertaking? 41 C.F.R. § 102-78.25- What is a federal undertaking?

“The term undertaking means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those—(a) Carried out by or on behalf of the agency; (b) Carried out with Federal financial assistance; or (c) Requiring a Federal permit, license, or approval”

(d) Anything requiring a federal action

Source: Cornell Legal Information Institute and United States Code of Federal Regulations

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Quick Facts about NEPANational Environmental Policy Act(1969)

Every agency is responsible for implementing NEPA

NEPA needs to be implemented in all federal undertakings

The “NEPA Process” or procedural requirements determine what policies and regulations will be required for a project.

Regardless of who conducts or pays for the analysis. The agency is always responsible.

NEPA does not require “environmentally preferable alternatives”

The Council on Environmental Quality oversees the “NEPA Process”

A good “NEPA Process” helps you to be compliant with other environmental laws.

DOT NEPA Resources URL: http://www.transportation.gov/tiger/nepa-resources

Source: A Citizen’s Guide to the NEPA: Having Your Voice Heard(Council on Environmental Quality 2007)QR Code leads to the DOT NEPA Resource Page

What is NEPA?Section 2 explicitly states:

“To declare a national policy which will encourage productive and enjoyable harmony between man and his

environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and

stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the nation; and to establish a council on environmental quality.”

Lets consider what we want our environment to look like: ◦ How can we use NEPA to encourage a healthy environment on tribal lands?◦ What is a productive and enjoyable harmony?◦ What is considered damage?◦ What will stimulate?◦ What will enrich understanding?

Source: The National Environmental Policy Act of 1969; QR code leads to a copy of the law

NEPA URL: http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/Req-NEPA.pdf

What is NEPA? Title 1 Section 101

Let’s Consider “our responsibilities”:

Who is responsible for making sure we remain good stewards on tribal lands?

Can we ensure that all tribal members receive the same ability to have a “productive and enjoyable” harmony with nature?

How do we leverage the “gift of nature” so that we can continue to receive it?

What is important for future generations to know about our society?

How do we increase our standard of living with our current resources?

How do we support the natural systems that are already in place?

Source: The National Environmental Policy Act of 1969; Title 1 Section 101

Source: A Citizen’s Guide to the NEPA: Having Your Voice Heard, CEQ 2007

Case Study: Fireball Timber Sale on Superior National Forest

Photo Source: “Dark River Trail” by Lars Hammar is licensed under CC BY 2.0 Generic

Let’s Take 5 Minutes? Answer the following questions. Find a partner and discuss your answers.

Are programmatic agreements useful?

What should a programmatic agreement look like?

Quick Facts about Section 106Section 106 is a part of the National Historic Preservation Act(NHPA) of 1966

The “Section 106 Process” needs to be implemented in all federal undertakings

The Advisory Council on Historic Preservation(ACHP) creates regulations for federal agencies

Federal agencies are responsible for the impacts to historic and cultural resources

The National Register of Historic Places was established by the NHPA

The “Section 106 Process” does not approve or deny projects

Adverse effects can be direct or indirect

Tribal Historic Preservation Officers(THPOs) and State Historic Preservation Officers(SHPOs) work with federal agencies during the “Section 106 process”

NHPA URL: http://www.achp.gov/docs/NHPA%20in%20Title%2054%20and%20Conversion%20Table.pdf

Source: A Citizen’s Guide to Section 106 Review( Advisory Council on Historic Preservation); QR Code leads to guide

What are Historic Properties?“ A prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.”

This definition covers…ArtifactsRecordsRemainsTraditional and religious properties Properties with cultural significance to Native Americans and Native Hawaiian’s

Source: A Citizen’s Guide to Section 106 Review( Advisory Council on Historic Preservation)

QR Code leads to a copy of “A Citizen’s Guide To Section 106 Review”

Significance and Age of IntegrityTo be added to the National Register of Historic Places properties must have:

Significance

1. “Is the property associated with events, activities, or developments that were important in the past?”

2. “With the lives of people who were historically important?”

3. “With distinctive architectural history, landscape history, or engineering achievements?”

4. “Does it have the potential to yield important information through archaeological investigation about our past?”

Age of Integrity asks:

“Is the property old enough to be considered historic and does it still look much the way it did in the past?” Most property are usually 50 years old before they are considered for the list.

Source: A Citizen’s Guide to Section 106 Review( Advisory Council on Historic Preservation)

What is Section 106? The National Historic Preservation Act (NHPA) requires federal agencies to be aware of the impact their decisions have on historic infrastructure. “AN ACT to Establish a Program for the Preservation of Additional Historic Properties throughout the Nation, and for

Other Purposes”

Let’s Consider what we want our historic heritage to be: What is our tribal heritage and how do we protect it?Are we losing our tribal heritage?Are there parts of our tribal heritage that we have not considered?How do we deal with newly discovered tribal heritage?Who should be the authority?How do we develop, but keep our tribal heritage in mind?What do we want our children to know about our heritage? Source: The National Historic Preservation Act;

1992 Amendments, 2014 amendmentsQR Code leads to a copy of the law

NHPA URL: http://www.achp.gov/docs/NHPA%20in%20Title%2054%20and%20Conversion%20Table.pdf

What is Section 106? Let’s Consider “our responsibilities”:

What techniques do we need to use so that we can live in “productive harmony” with our tribal heritage?

Who will take responsibility for maintaining our heritage?

Are we maintaining our heritage in a way that future generations would approve of?

How do we advise others regarding our tribal heritage?

How do we share our tribal heritage?

What should our relationship with local, state, and federal entities look like

Source: The National Historic Preservation Act; Subdivisions 1- General ProvisionsQR Code leads to a copy of the law

NHPA URL: http://www.achp.gov/docs/NHPA%20in%20Title%2054%20and%20Conversion%20Table.pdf

Case Studies

My Perspective

My Perspective

Resources…Wisconsin Department of Transportation Facilities Development Manual (FDM)

http://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/rdwy/fdm.aspx

National Park Service(NPS) Tribal Preservation Program

http://www.nps.gov/thpo/

National Association of Tribal Historic Preservation Officers(NATHPO)

http://nathpo.org/wp/thpos/find-a-thpo/

Advisory Council on Historic Preservation(ACHP)

http://www.achp.gov QR Code contains the resource information

What Did We Learn?We discussed the requirements and the motivations for the National Environmental Policy Act (NEPA)

We discussed the requirements and the motivations for Section 106 of the National Historic Preservation Act (NHPA)

We discussed how these laws can be used to manage tribal land

Thank You For Attending

Ronesha StrozierTransportation Policy Specialist(Intern)Eastern Tribal Technical Assistance Program Email: ttap@mtu.edu301E Dillman Hall Michigan Technological University 1400 Townsend Drive Houghton, MI. 49931-1295

QR Code contains my contact information