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Archive of Prominent Section 106 Cases:
July 1999

Introduction

California: Marine Corps Air Station (Tustin)

California: U.S. Courthouse (San Diego)

California: Gold Mine (Imperial County)

Florida: Stiltsville Com-
plex (Biscayne Bay)

Kansas: South
Lawrence Trafficway

Louisiana: Industrial Canal Lock (New Orleans)

New Jersey: Congress Hall Hotel (Cape May)

Ohio: Sand & Gravel Mine (Buffington Island)

Ohio: Cleveland Bulk Terminal

Pennsylvania: Philadelphia Naval Hospital

Pennsylvania: Visitor Center & Museum Complex (Gettsyburg)

Puerto Rico: Defensive Walls (San Juan)

Texas: USS Cabot/ Dedalo (Brownsville)

Virginia: Reservoir
(King William County)

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Archive of Prominent Section 106 Cases:
July 1999

Introduction

Application of the Council's Criteria for Involvement:
Under the Council’s new regulations, the Council may enter the Section 106 process when it determines that its involvement is necessary to ensure that the purposes of Section 106 and the National Historic Preservation Act are met. Its decision to do so must be guided by specific criteria that are set forth in Appendix A of the regulations.

Beginning with this issue, the applicable criteria for each project will be identified. Although Council involvement in many of the projects in this issue was initiated under the previous regulations, the need for our continued involvement is supported by the criteria identified for each case.

Under the criteria for Council involvement in Appendix A, the Council is likely to enter the Section 106 process when an undertaking:

  • has substantial impacts on important historic properties (Criterion 1);
  • presents important questions of policy or interpretation (Criterion 2);
  • has the potential for presenting procedural problems (Criterion 3); and/or
  • presents issues of concern to Indian tribes or Native Hawaiian organizations (Criterion 4).

Environmental Justice:
Two of the projects highlighted in this report are notable for raising issues of environmental justice. In response to disproportionate adverse environmental impacts on minority and low-income populations, President Clinton issued Executive Order 12898 on environmental justice in 1994. This order requires that Federal agencies make achieving environmental justice part of their missions by identifying and addressing any disproportionately high and adverse human health or environmental effects of their activities on minorities and the poor.

Consideration of environmental justice, which is normally coordinated with National Environmental Policy Act compliance, may intersect with Section 106 review when projects impact historic properties significant to minorities and/or located in low income areas. For further information, visit the Environmental Protection Agency.


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