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Revised Regulations
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On July 6, 2004, the Advisory Council on Historic Preservation (ACHP) published revised regulations implementing Section 106 of the National Historic Preservation Act. The revised regulations, published as 36 CFR Part 800, Protection of Historic Properties (Federal Register Volume 69, Number 128), took effect on August 5, 2004.
The ACHP provides a detailed outline of the most recent changes, as well
as general guidance on the Section 106 review process on their website (see
below).
Due to the
increased emphasis on public involvement, the ACHP has issued a pamphlet
entitled Protecting
Historic Properties: A Citizen's Guide to Section 106 Review. As
noted in the opening paragraphs, "Section 106 review is your opportunity
to alert the Federal Government to the properties you value and to influence
decisions about the Federal projects that affect them." Copies are
available from the HPO, and are also available electronically from the ACHP
website.
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Examples of Recent Section 106 Consultation
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Tropical Storm
Floyd
As a result of the tropical
storm that blew through New Jersey on September 16, 1999, eight counties
were included in a presidential emergency declaration, entitling them to
assistance
by the Federal Emergency Management Agency (FEMA). HPO staff worked closely
with FEMA to expedite the Section 106 review necessitated by the use of
federal funds to repair flood damage.
To help FEMA
identify historic properties that may have been affected, the HPO provided
lists of contacts for local historical societies, and made immediate emergency
site visits. By working closely with FEMA's cultural resource specialist
and relying on e-mail, the HPO was able to provided response times of 24
hours or less in many cases. This
expedited process ensures that many historic sites will be returned to "pre-storm"
condition with needed funds. HPO staff also worked closely with county and
local officials to ensure that historic bridges were repaired quickly without
harm to their historic character.
Along the Delaware and Raritan Canal, the
Griggstown bridgetenders Station and
Outhouse were swept 100' upstream by
floodwaters from the Millstone River during
Tropical Storm Floyd. Photo: NJ Historic
Preservation Office
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Hoboken Terminal
Main Waiting Room
The former
Erie Lackawanna Railroad and Ferry Terminal at Hoboken represents a hallmark
of Beaux-Arts design. Completed in 1903, the copper-clad facility had fallen
into disrepair by the time NJ Transit was formed in the early 1980's. NJ
Transit consulted with the HPO under Section 106 for many independent repair
and rehabilitation projects at the Terminal throughout the 1980's and 1990's.
Realizing the historic significance of the Terminal, and faced with the
complexity of needed repair, NJ Transit decided to take a programmatic approach
to the management of the Terminal. With
input from HPO staff, the agency initiated several planning and preservation
studies intended to guide current and future work at the facility. Central
to those plans was the rehabilitation of the main waiting room, which developed
out of a number of smaller waiting room repair projects.
The waiting
room at Hoboken Terminal is a grand two-story space highlighted by a magnificent
stained-glass sky-light.
The restoration, completed in late 1999, involved restoration of the ski-light,
restoration of original wall and ceiling finishes, re-creation of original
lighting fixtures, restoration of the passenger benches, re-creation of
the ornate terrazzo floor, including an innovative sub-floor radiant heating
system to improve passenger comfort and correct long-standing heating problems
in the waiting room.
Photo: NJ Transit
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Newark Airport Administration
Building
In 1980
The New Jersey Historic Preservation Office prepared a nomination for
the early buildings of Newark Airport, including the 1935 Airport Administration
Building (now called Building 51). When Building 51 was completed, Newark
Airport was arguably the most important airport in the world. Amelia
Earhart was on hand when the ribbon opening the building was cut. Charles
Lindbergh kept his personal plane at the airport, and all airmail to and
from the east coast came through Newark Airport. Twenty years later, in
the year 2000, the Historic Preservation Office worked with the Port Authority
of NY & NJ and the Federal Aviation Administration to save the historic
Airport Administration Building.
Photo: Courtesy Beyer Blinder Belle
During the late 1990’s,
the Port Authority had requested approval from the Federal Aviation Administration
(FAA) to lengthen the main runway at Newark Airport. At that time, the
Historic Preservation Office, consulting with both the Port Authority
and the FAA, sought to ensure that the old Airport Administration Building,
which sits at the north end of the main runway would be protected for
the future. Because of its location at the end of the lengthened runway,
it became impossible to provide public use of Building 51 in its historic
location with airplanes taking off and landing just in front of the building.
As
a result of the early identification of the Building 51’s significance,
and in part because of concerns expressed about the effect of the runway
extension project on the building, the Port Authority came up with an
imaginative solution to the building’s future. The Port Authority hired
Historic Architects, Beyer Blinder Belle to assist them in evaluating
if Historic Building 51 could be relocated to a site at Newark Airport
where it could serve as part of a complex to house the administrative
offices of the Port Authority. Thanks to the efforts of many individuals
and agencies, Building 51 will be relocated and rehabilitated at Newark
Airport. The Art Deco lobby of Building 51 will be restored and become
the lobby for the new Port Authority offices. The wonderful historically
public spaces of the building will be once again open to visitors at Newark
Airport. (Photo NJ HPO)
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Forms and Publications:
- 36 CFR Part 800: Protection of Historic Properties: (PDF Format)
- Section 106 Flowchart (PDF Format)
- Section 106 Regulations Flow Chart (ACHP Website)
- Introduction to Section 106 (ACHP Website)
- Protecting Historic
Properties: A Citizen's Guide to Section 106 Review (ACHP
Website)
- Alternatives Analysis Outline for Protecting Buildings (PDF Format)
- NEPA and NHPA: Handbook for Integrating NEPA and Section 106 (PDF Format)
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Useful
Links :
- Advisory Council on Historic Preservation
- Other Links
Home Protect
Section 106 Review
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