ENVIRONMENTAL CONSEQUENCES

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METHODS FOR ASSESSING IMPACTS

Cultural Resources

Impacts to Cultural Resources and Section 106 of the National Historic Preservation Act

In this environmental assessment, impacts to archeological resources and historic structures are described in terms of type, context, duration, and intensity, which is consistent with the regulations of the Council on Environmental Quality that implement the National Environmental Policy Act. These impact analyses are intended, however, to comply with the requirements of both NEPA and section 106 of the National Historic Preservation Act. In accordance with the Advisory Council on Historic Preservation’s regulations implementing section 106 of the National Historic Preservation Act (36 CFR Part 800, Protection of Historic Properties), impacts to archeological resources and historic structures were identified and evaluated by (1) determining the area of potential effect; (2) identifying cultural resources present in the area of potential effect that are either listed in or eligible to be listed in the NRHP; (3) applying the criteria of adverse effect to affected cultural resources either listed in or eligible to be listed in the NRHP; and (4) considering ways to avoid, minimize, or mitigate adverse effects.

Under the Advisory Council’s regulations, a determination of either adverse effect or no adverse effect must also be made for affected, NRHP-eligible cultural resources. An adverse effect occurs whenever an impact alters, directly or indirectly, any characteristic of a cultural resource that qualify it for inclusion in the NRHP, e.g., diminishing the integrity of the resource’s location, design, setting, materials, workmanship, feeling, or association. Adverse effects also include reasonably foreseeable effects caused by the preferred alternative that would occur later in time, be farther removed in distance, or be cumulative (36 CFR Part 800.5, Assessment of Adverse Effects). A determination of no adverse effect means there is an effect, but the effect would not diminish in any way the characteristics of the cultural resource that qualify it for inclusion in the NRHP.

Council on Environmental Quality regulations and the National Park Service’s Conservation Planning, Environmental Impact Analysis and Decision-making (Director’s Order – 12) also call for a discussion of the appropriateness of mitigation, as well as an analysis of how effective the mitigation would be in reducing the intensity of a potential impact, e.g., reducing the intensity of an impact from major to moderate or minor. Any resultant reduction in intensity of impact due to mitigation, however, is an estimate of the effectiveness of mitigation under NEPA only. It does not suggest that the level of effect as defined by section 106 is similarly reduced. Although adverse effects under section 106 may be mitigated, the effect remains adverse.

A section 106 summary is included in the impact analysis sections for archeological resources and historic structures. The section 106 summary is intended to meet the requirements of section 106 and is an assessment of the effect of the undertaking (implementation of the alternative) on cultural resources, based upon the criterion of effect and criteria of adverse effect found in the Advisory Council’s regulations.