Section 106 stipulates that agencies will take into account the effects of their undertakings on historic properties. To do so an agency needs to be able to determine: 1. What constitutes an effect on a historic property, and 2. How to a formal determination of effect. The Advisory Council defines in two parts: “effect” The criteria of effect : determines whether there will be an effect; and The criteria of adverse effect: determines whether an effect is harmful An agency determines whether an undertaking will result in an effect to a historic property, and if so, it determines whether the effect is adverse. The two determinations are usually made at the same time, but to understand them clearly, we need to consider them in sequence. Points to Remember. When applying the criteria of effect, remember that: 1. An effect does not have to be negative to be an effect. If the undertaking will change the relevant characteristics of the property at all, it will have an effect. Therefore, even a beneficial effect is nevertheless an effect. 2. However, to have an effect, the undertaking must have the potential to “alter characteristics of the property that may qualify [it] for inclusion in the National Register.” If the undertaking will alter the property in some other way, there may not be an effect for the purposes of Section 106. Therefore it is critical to understand why the property is significant and what elements of the property contribute to its significance. 3. The potential alteration does not have to be a certainty; as long as the undertaking may alter the relevant characteristics, it must be found to have an effect. 4. All possible effects of an undertaking on historic properties are to be considered Section 106; including visual/audible effects, effects on land use, and other effects to setting, feeling and association. 5. The agency should consider not only the changes that may occur at the time of the undertaking, but also those reasonably foreseeable effects that may occur later in time.
Section 106 stipulates that agencies will take into account the effects of their undertakings on historic properties. To do so an agency needs to be able to determine: 1. What constitutes an effect on a historic property, and 2. How to a formal determination of effect. The Advisory Council defines “effect” in two parts: The criteria of effect : determines whether there will be an effect; and The criteria of adverse effect: determines whether an effect is harmful An agency determines whether an undertaking will result in an effect to a historic property, and if so, it determines whether the effect is adverse. The two determinations are usually made at the same time, but to understand them clearly, we need to consider them in sequence. Points to Remember. When applying the criteria of effect, remember that: 1. An effect does not have to be negative to be an effect. If the undertaking will change the relevant characteristics of the property at all, it will have an effect. Therefore, even a beneficial effect is nevertheless an effect. 2. However, to have an effect, the undertaking must have the potential to “alter characteristics of the property that may qualify [it] for inclusion in the National Register.” If the undertaking will alter the property in some other way, there may not be an effect for the purposes of Section 106. Therefore it is critical to understand why the property is significant and what elements of the property contribute to its significance. 3. The potential alteration does not have to be a certainty; as long as the undertaking may alter the relevant characteristics, it must be found to have an effect. 4. All possible effects of an undertaking on historic properties are to be considered Section 106; including visual/audible effects, effects on land use, and other effects to setting, feeling and association. 5. The agency should consider not only the changes that may occur at the time of the undertaking, but also those reasonably foreseeable effects that may occur later in time.