In this Issue

	Working with Section 106 Review: Program Alternatives
	New Handbook, eLearning Course Detail Effective Early Coordination with Indian Tribes
	Digital Information Task Force Readies Recommendations
	Staff Updates
	Classroom Training
	Next ACHP Business Meeting

Links

ACHP Section 106 News | February  2020

Working with Section 106 Review: Program Alternatives

Do you use program alternatives in your work with Section 106? If not, you may in the near future. While there has been steady interest among federal agencies in establishing program alternatives since they were first made available by the Section 106 regulations issued in 1999, the ACHP is now seeing an unprecedented level of interest in the use of these flexibilities. The President’s $7.4 million FY 2021 budget request for the ACHP, announced February 10, will help the agency address projected demands for infrastructure-related Section 106 program alternatives in the coming year.

Program alternatives, set forth in 36 CFR 800.14 of the regulations, are methods available for federal agencies to meet their review obligations in lieu of using the standard four-step process. They allow federal agencies to tailor the Section 106 process to meet specific program needs and have the potential to increase the efficiency and effectiveness of Section 106 reviews for activities that may affect historic properties. The two most common are Program Comments and Programmatic Agreements.

The ACHP recently added more information to www.achp.gov about program alternatives, including a chart comparing and contrasting the five types, specific guidance, and lists of all existing nationwide program alternatives by type. Check these pages to learn what each type does and to see if a program alternative already in effect may apply to your work. A special issue of the Section 106 News this spring will share more information on several new program alternatives currently under development.

New Handbook, eLearning Course Detail Effective Early Coordination with Indian Tribes

The ACHP recently issued a handbook to assist federal agencies, Indian tribes, and industry to work collaboratively and effectively in pre-application planning, before formal government-to-government and Section 106 consultation would begin. The handbook includes best practices from an Indian tribe, an energy company, and a state transportation agency. A 90-minute companion eLearning course, Early Coordination with Indian Tribes for Infrastructure Projects, is also available for federal agencies and applicants.

Wild Horse Wind Farm, WA

Digital Information Task Force Readies Recommendations

In late 2018, the ACHP members established a Digital Information Task Force to address the need for more uniformly available digital tools, including geographic information systems (GIS). It is meant to improve planning for federal projects by making information about the location of identified historic properties more readily available. Better information access has a clear connection to current government-wide efforts to improve the efficiency of environmental reviews, including Section 106 reviews, for infrastructure projects, and can advance broader goals such as improving engagement of stakeholders and the public in preservation planning.

The Task Force met through 2019, assisted by an Advisory Group of state and tribal historic preservation officials, technical experts, consultants, representatives of industry, and others with policy or operational experience in digital information management. Several issues emerged to guide the Task Force’s formulation of draft recommendations, which were shared with the ACHP membership during the November business meeting. They include raising awareness about the importance of digital historic properties information and enhancing resources to support it; enabling data exchange and overcoming management impediments to data availability; and properly managing access and securing sensitive information. The Task Force is now finalizing a report detailing its recommendations for further action.

Staff Updates

Emily (Yoon Sung) Choi is a new Assistant Historic Preservation Specialist in the Federal Permitting, Licensing, and Assistance section. Emily holds a J.D. from Georgetown Law. She has pursued a variety of legal internships and pro bono projects in cultural heritage, including for the National Trust for Historic Preservation, the Department of the Interior’s Office of the Solicitor, and the DC Preservation League, as well as the ACHP’s Office of General Counsel and Office of Native American Affairs. She is particularly interested in the intersection of historic preservation law with intellectual property and federal Indian relations. Emily spent summer 2019 in Paris as a US/ICOMOS intern at the ICOMOS International Secretariat, conducting comparative analyses for the 2020 UNESCO world heritage site nominations. Emily is an Associate Member of the ICOMOS International Scientific Committee on Legal, Administrative and Financial Issues, and a Member of the US/ICOMOS International Exchange Program Committee. She holds a B.A. from Cornell University with concentrations in Irish literature and creative writing (poetry).

Ana Perez joined the Office of Federal Agency Programs as the Forest Service (FS) Liaison and Historic Preservation Specialist. Prior to joining the ACHP, Ana worked with the FS National Heritage Program, coordinating and assisting the development of nationwide Section 106 program alternatives. She has a background in a rights-based approach to historic preservation in local and international contexts. She holds a Master’s in Historic Preservation from Gothenburg University and a Bachelor’s in Art History and German from Florida State University.

Classroom Training

The ACHP’s classroom training is coming to cities across the country starting in April. The Section 106 Essentials provides a one-day orientation to the process for those who are new to Section 106, while the one-day Section 106 Agreements Seminar is a deeper dive into this critical part of a Section 106 review. The two-day Practitioners Workshop allows experienced users of the regulations to build skills in managing complex reviews using real case examples and studies. Register now to reserve your spot in one of these interactive learning experiences led by ACHP staff instructors!

Next ACHP Business Meeting

The ACHP will have its winter business meeting on March 13, 2020, beginning at 8:30 a.m. It will take place in the Kennedy Caucus Room of the Russell Senate Office Building, Washington, D.C. The meeting is open to the public.