adverse effect--the effect wrought on a historic property by a project that results in the loss or diminution of the very characteristics that made the property eligible for listing in the National Register of Historic Places in the first place. The criteria of adverse effect as well as examples of adverse effects are defined in regulation at 36 CFR §800.5. Examples include physical destruction or damage to all or part of the property; alteration of the property that is inconsistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties; removal of a property from its historic location; change in the use of a historic property; change to the physical features within the property's setting that contribute to its significance; introduction of visual, atmospheric, or audible elements that diminish the integrity of the property's character-defining attributes; neglect that leads to deterioration in instances other than those where neglect and deterioration are recognized qualities of a property of religious or cultural significance to an Indian tribe or Native Hawaiian organization; transfer, lease, and/or the sale of a property out of federal ownership or control without sufficient enforceable measures in place to ensure the long-term preservation of the property's significance.
Advisory Council on Historic Preservation (ACHP)--an independent federal agency that serves as the chief policy advisor to the U.S. President and Congress on historic preservation matters. There is permanent ACHP staff as well as a presidentially-appointed member Council comprised of the heads of federal agencies, select cabinet members, and subject-area experts.
agreement documents--agreement documents are documents that serve to streamline and customize the Section 106 compliance process. These are legally-binding documents that assign particular roles and responsibilities to the organizations and/or agencies who negotiate and sign them. Agreement documents can be project-specific (e.g., a Memorandum of Agreement to mitigate the adverse effects of the demolition of a particular historic property as part of an undertaking), can speak to an entire class of undertakings within a particular APE whose effects on historic properties are not known at the outset (e.g., a Programmatic Agreement for grazing allotment permit renewals on a lands managed by a specific federal agency is a defined location), can be multi-party, multi-agency, and even multi-state. Some documents, such as Nationwide Programmatic Agreements, are written by federal agencies to guide cultural resource management practices across the country. Others, such as Program Comments, are created by bodies such as the Advisory Council on Historic Preservation after seeking input from other agencies, SHPOs, and organizations or may be crafted by a particular agency to address resources distinct to their installations, their mission, and their agency history. The ACHP website maintains a list of Nationwide Programmatic Agreements, Department of Defense Program Comments, and a host of other useful resources. All executed MOAs are forwarded by the lead federal agency to the ACHP for filing.
area of potential effect (APE)--this is defined in regulation as the geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties, if any are present within the area. The APE is not an arbitrary buffer or search area, instead, it is influenced by the scale and nature of the undertaking and should take into account site-specific variables such as topography, height of components of the undertaking, and similar project-specific details. There is no "one size, fits all" APE for projects of a specific type, and the APE may not be a uniform shape.
character-defining attribute--a trait or feature of a historic property that contributes to its physical character and significance (e.g., interior finishes, decorative detail or ornament, distinct material or building fabric).
compliance--this refers broadly to conforming to the requirements of cultural resource law and regulation. The term is commonly used in reference to Section 106 compliance, but can be used to refer any of a host of different cultural resources laws (e.g., ARPA, NAGPRA, NEPA, NHPA, etc.) with which agencies and cultural resources professionals must comply.
consultation--this is the process of seeking, discussing, and considering the views of other participants and, where feasible, seeking agreement or compromise with them regarding matters arising in the section 106 process. The NHPA contains provisions for both public and tribal consultation on the proposed undertaking as the consultation process may well assist the federal agency in its identification efforts as well as in avoiding, minimizing, or mitigating adverse effects.
criteria considerations--despite the fact that certain types of properties are not typically considered for listing in the National Register of Historic Places (e.g., religious properties, properties that have been moved, birthplaces or gravesites of famous individuals, reconstructed properties, commemorative properties, and properties of less than 50 years of age), there are seven criteria considerations (a - g, inclusive) outline circumstances under which those seven "typically not considered" properties might well be deemed eligible for listing in the National Register.
cultural resources--these are things made and/or assigned value to by humans (e.g., historic places, buildings, documents, roads, artifacts, battlefields and other landscapes, hunting camps, mines, sites or places that are tightly bundled up with a community's ongoing identity, etc.). Cultural resources can be both tangible things as well as cultural practices (e.g., both pine needle baskets as well as the practice of annually harvesting the pine needles by basket makers in a particular basket-making tradition).
cultural resource management (CRM)--broadly speaking, this is the management of cultural resources as well as the potential effects they may experience as the result of day-to-day human activity, development, and change.
cumulative effects--this is a term that is used under the National Environmental Policy Act (NEPA) and, while not defined in the Section 106 regulations, can be understood to denote the incremental impacts or effects of an action when added to other past, present, and reasonably foreseeable future actions. It is important to remember that individually minor impacts can collectively result in substantial long-term impacts or effects.
demolition by neglect--the process of allowing a building or structure to deteriorate to the extent that it comes to represent a public health and safety risk and must be demolished.
determination of eligibility--the process by which the significance of a resource is determined in relation to its eligibility for listing in the National Register of Historic Places.
determination of effect--the decision resulting from consideration of all project components and potential for direct and indirect effects, the duration of those effects (if any), the presence/absence of historic properties in the area of potential effect, that ultimately results in a decision regarding whether a proposed undertaking will result in no potential to effect historic properties, no historic properties affected, no adverse effect, or adverse effect.
direct APE--after taking into account all project components (e.g., staging areas, access to the site, lay down areas, etc.), this is the resulting bounded geographic area within which direct physical effects (e.g., ground-disturbance, demolition, relocation of historic materials) will be experienced.
documentation--the act of recording historic and/or cultural resources, frequently through such means as measured drawings, photographs, sketches, etc.
evaluation--refers to the process of determining whether a cultural resource (or group of resources comprising a district) is or is not eligible for listing in the National Register of Historic Places on the basis of meeting particular Significance Criteria or criteria considerations and retention of some or all of the seven aspects of integrity.
historic property--any prehistoric or historic district, site, building, structure or object that is listed in, or eligible for listing in, the National Register of Historic Places. This can also include properties of traditional religious and cultural importance to an Indian tribe that meet the National Register significance criteria.
indirect APE--after taking into account all project elements and potential indirect effects (e.g., visual intrusions, noise, vibration, smell, dust, etc.), this is the resulting bounded geographic area within which those effects will be experienced.
indirect effect(s)--these are the visual, auditory, and/or atmospheric impacts that may result from a proposed undertaking. Indirect effects may be either permanent or temporary in nature and, in the context of a Section 106 review, it is useful to identify the anticipated duration of any indirect effects.
integrity--the ability of a site or property to convey its historic significance as a result of its retention of sufficient aspects of its historic location, design, setting, workmanship, materials, feeling or association.
inventory--broadly speaking, an inventory is a list of the cultural resources, by type, age, and/or eligibility, within a given survey area or region. Different levels or classes of inventory are defined by federal agencies for particular types of investigation.
Keeper of the Register--in addition to being possibly the coolest job title ever, the title refers to the individual at the National Park Service to whom any disputed determinations of eligibility are forwarded for a final decision as to whether or not the resource(s) are eligible for listing in the National Register of Historic Places.
legislation--this term refers to laws passed by a state legislature (although these are typically referred to as statutes so as to distinguish them from federal laws) or the U.S. Congress.
mitigation--is used to refer to specific process and strategies outlined in an agreement document (most commonly a MOA) in order to ameliorate, offset, compensate for, or ease the adverse effects of a proposed undertaking on a historic property or properties.
National Historic Preservation Act (NHPA) of 1966, as amended--this is a piece of federal legislation that, among other things establishes and defines the nation's historic preservation program, the National Historic Landmark and National Register of Historic Places programs as we know them today, authorized the creation of State Historic Preservation Offices and Tribal Historic Preservation Offices, created the National Center for Preservation Technology and Training, and includes Sections 106, 110, and 304 for taking into consideration the effects of federal undertakings on historic properties, requires that federal agencies engage in survey and inventory so as to know what resources lie within and on the lands they manage, and contains provisions for not making public certain information about cultural resources and practices.
National Register of Historic Places (NRHP)--this is the nation's listing of districts, sites, buildings, structures, and objects of national, regional, state, and local significance in the areas of American history, architecture, archaeology, engineering and culture. The NRHP is managed at the national level by the National Park Service and at the state level by a coordinator who is typically housed within the State Historic Preservation Office.
precluded from comment/foreclosure--this results when a federal agency's actions (such as having initiated or even concluded the undertaking prior to initiating Section 106 review) effectively precludes the SHPO or ACHP from providing comments or review on the undertaking. In other words, the opportunity for consulting in the planning process has been eliminated and, as a result, the agency is not in compliance with NHPA.
preservation treatments (preservation, restoration, rehabilitation, and reconstruction)--there are four commonly recognized interventions in the field of historic preservation. These are preservation (stabilizing or sustaining the existing form or condition), rehabilitation (finding a compatible use for a historic property through repair, alteration, and addition while retaining its character-defining attributes), restoration (returning a property to its appearance at a particular period in time via removal of all features from subsequent periods and possibly reconstructing any features missing from the target date or period), and reconstruction (creating anew via replication the form, features, or details of a non-surviving resource based on detailed historical research and other empirical evidence).
regulation--this is the codified guidance that provides the framework, processes, and instruction for how to implement a particular piece of legislation. Frequently a law designates a particular agency with the responsibility for promulgating the regulations that will accompany it. As one example, the regulations for implementing Section 106 of the National Historic Preservation Act were written by the Advisory Council on Historic Preservation and are found at 36 CFR 800 (i.e., title 36 Code of Federal Regulations Part 800).
significance criteria--these are the criteria of inclusion for listing in the National Register of Historic Places. There are four Significance criteria (A, B, C, and D), and each is defined and guidance for the evaluation of resources against these criteria is provided in National Register Bulletin 15. In short, Significance Criterion A relates to important events in the patterns of our history, Criterion B refers to events or places associated with important people in the nation's past, Criterion C relates to distinct types, periods or methods of construction in architecture and engineering, and Criterion D relates to information important in history or prehistory.
SOI professional qualification standards--established by the National Park Service and appearing in the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, these are the qualifications that define the minimum educational and professional experience requirements necessary to perform identification, evaluation, registration, and treatment activities in a cultural resource management and or historic preservation context. To date, standards have been established for the fields of History, Archaeology, Architectural History, Architecture, and Historic Architecture.
SOI Standards for Rehabilitation--established by the National Park Service, and codified in federal regulation at 36 CFR 67, define the parameters for rehabilitation of historic buildings of all periods, styles, materials and sizes. These standards are required for a host of preservation and compliance activities, spanning everything from the avoidance of adverse effect in a Section 106 context to qualification for the federal Historic Preservation Tax Incentive program.
SOI Standards for the Treatment of Historic Properties--prepared by the National Park Service and codified in federal regulation at 36 CFR 68, these are the detailed instructions for "best practices" in each of the treatments or intervention strategies for historic properties (i.e., preservation, restoration, rehabilitation, and reconstruction).
state historic preservation office (SHPO)/state historic preservation officer (SHPO)--this refers to both the office within each state and U.S. territory that administers the state historic preservation program (which is home to a Certified Local Government program, a state and National Register of Historic Places Program, a Historic Preservation Fund grant program, a data management program, review and compliance, and other programs. The latter term refers to the individual who directs that office and oversees management of each of its programs.
traditional cultural place/traditional cultural property (TCP)--these are historic properties or places that are eligible for listing in the National Register of Historic Places because of their association with the cultural practices, belief systems, and ongoing identity of a cultural group or community.
traditional cultural landscape (TCL)--as defined by the Advisory Council on Historic Preservation (and not yet by the National Park Service), unlike an ethnographic landscape--which is a property type as treated by the National Register program--TCLs are viewed as a type of significance that may be associated with multiple property types (e.g., individual sites or districts). It is possible that the much-anticipated updated National Register Bulletin 38: Guidelines for Evaluating and Documenting Traditional Cultural Properties and associated FAQs that will accompany its distribution when finalized may provide additional guidance on the inclusion of TCLs in the nation's National Register inventory and associated cultural resources compliance efforts.
tribal historic preservation office (THPO)/tribal historic preservation officer (THPO)--as defined in the National Historic Preservation Act, a Tribal Historic Preservation Office is the equivalent of a State Historic Preservation Office for federally-recognized Indian tribes. The Tribal Historic Preservation Officer is the director or administrator of that office. Not all federally-recognized tribes have THPO programs.
undertaking--any proposed project that makes use of federal funding, licensing, approval, or authorization, even if those are passed through to a state agency for distribution, which triggers and therefore is required to comply with Section 106 of the National Historic Preservation Act.