Creating a Handbook for Successful No-Effect and No-Adverse-Effect Section 106 Determinations (2025)
Chapter: Summary of Findings
SUMMARY OF FINDINGS
The high response rate for the online survey, followed by the interviews, resulted in a rich dataset for understanding the application of findings of No Effect and No Adverse Effect among the FHWA, state DOTs, SHPOs, THPOs, a few other CPs, and private-sector consultants. The online survey also showcased many of the challenges encountered in making and reviewing these effects findings. Subsequent interviews explored in more depth the results of the online survey, providing the foundation for the handbook for transportation cultural resources practitioners on preparing and effectively communicating findings of No Effect and No Adverse Effect.
A prominent theme reflected in the survey and interviews was the value of good and continuous communication. Interviewees repeatedly emphasized that frequent meetings and other forms of regular communication, including informal discussions, can prevent or lessen conflicts and make it much easier to come to a resolution when there is a dispute over an effect finding. Consultation should begin early in the Section 106 process, and agency personnel should make an effort to understand other CPs, to “get into their heads,” as one interviewee put it. Associated with this theme is the value of educating CPs such as local historic preservation organizations, local governments, and the public about their roles in the Section 106 review process, in addition to educating and working with consultants and local transportation agencies and other organizations that provide documentation to state DOTs and SHPOs, which the agencies use in making and reviewing findings of No Effect and No Adverse Effect.
A secondary theme was the necessity for proper and consistent documentation. Projects need to be carefully defined, with proper maps and lists of all proposed activities; all historic properties need to be properly studied and understood, including their boundaries; and submittal packages to SHPOs and other CPs need to be complete and consistent to avoid problems later. Many state DOTs and SHPOs have developed forms, tools, and guidelines to ensure consistent and complete documentation for assessments of effects.
AREAS FOR FUTURE RESEARCH
- Challenges identified by the participants included assessing cumulative effects, assessing the effects of small-scale projects in large historic districts, both urban and rural; assessing effects of projects involving long linear properties such as historic roads, irrigation ditches, and railroads; and dealing with archaeological sites that extend outside the extent of the APE. Some of the interviewees provided solutions to these challenges, whereas some, like assessing cumulative effects, remain problematic. There is also confusion among practitioners on how to apply the ACHP’s 2019 memorandum on the definition of direct effects to an NHL to Section 106 reviews. Some practitioners believe that this memorandum applies only to NHLs, and others apply these definitions to their current Section 106 reviews. Practitioners would benefit from future study and guidance on these issues.
