|Architectural Terms and Acronyms
Section 4(f) of the Department of Transportation Act of 1966
This section of the law requires any U.S. Department of Transportation agency (including FHWA) to not use land from a significant publicly owned public park, recreation area, or wildlife and waterfowl refuge or any significant historic site unless:
(1) there is no feasible and prudent alternative to the use, and
(2) all possible planning to minimize harm resulting from such use is included in the action.
Advisory Council on Historic Preservation
This governmental body is responsible for commenting to a federal agency on an undertaking that affects historic properties (eligible for or listed in the National Register of Historic Places). It is not required by law or regulation that the federal agency and the Advisory Council be in agreement on the evaluation of effects on historic properties.
Criteria of Effect Evaluation
The report produced in this stage of the process evaluates the potential effects of the project on each resource determined eligible for or listed in the National Register of Historic Places. The Criteria of Effect are listed in 36 CFR 800.9 (a). If an "effect" is found, then the Criteria of Adverse Effect must be applied. The Criteria of Adverse Effect are listed in 36 CFR 800.9 (b). If an "adverse effect" is found, then avoidance and mitigation are considered in consultation with the State Historic Preservation Office and the Advisory Council on Historic Preservation. The result of this consultation is typically a Memorandum of Agreement (MOA).
Determination of Eligibility
The report produced in this stage of the process identifies all buildings, structures, objects and districts over 50 years of age that may be affected by the project and evaluates each resource's eligibility for the National Register of Historic Places. For all resources determined eligible for or previously listed in the National Register, the potential effects of the project must be evaluated. For resources determined not eligible, no further study is required.
Federal Highway Administration
The FHWA is the lead federal agency for the Appalachian Corridor H project. The federal agency is responsible for making determinations of eligibility, determinations of effect and determinations of 4(f) use. The lead federal agency coordinates the review of documents and decisions with other federal agencies in the process: the Keeper of the National Register of Historic Places and the Advisory Council on Historic Preservation.
Keeper of the National Register of Historic Places
This individual is the ultimate authority with regard to eligibility for the National Register of Historic Places. Decisions of this individual and her office are final unless they are challenged in a court of law for being arbitrary, capricious or contrary to rule of law.
Memorandum of Agreement
A document signed by participating parties that explains how the adverse effects of the project will be "taken into account" (36 CFR 800.5(e)(4)). The Corridor H Programmatic Agreement also required mitigation plans to be developed to specify planned actions or designed to minimize harm to adversely effected historic properties.
West Virginia Division of Culture and History
This agency is the designated State Historic Preservation Office (SHPO) for West Virginia. As such, it plays a legally mandated role in the Section 106 process, and that role is reiterated in the Corridor H Programmatic Agreement.
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