preservation act

This post will be a preamble or footnote to further posts about the City of Mansfield's HUD program and how the Preservation Act applies to their operations.
The following paragraphs are extracted verbatim from the Advisory Council on Historic Preservation publication "Protecting Historic Properties; A Citizen's Guide to Section 106 Review".
In 1966, the Federal Government created a process to ensure that American citizens would always have the opportunity to learn about and influence Government activities that could affect their communities’ historic resources.
Section 106 review is your opportunity to alert the Federal Government to the historic properties you value and to influence decisions about the Federal projects that affect them.
In the National Historic Preservation Act (NHPA), Congress established a comprehensive program to preserve the historical and cultural foundations of the Nation as a living part of community life. Section 106 of NHPA is crucial to that program, because it requires consideration of historic preservation in the multitude of Federal actions that take place nationwide. Section 106 requires Federal agencies to considerthe effects of their actions on historic properties and provide the ACHP an opportunity to comment on Federal projects prior to implementation.
Regulations issued by the ACHP guide Section 106 review, specifying actions Federal agencies must take to meet their legal obligations. The regulations are published in the Code of Federal Regulations at 36 CFR Part 800, “Protecting Historic Properties,” and can be found on the ACHP’s Web site at ww.achp.gov/regs.html.
To successfully complete Section 106 review,Federal agencies must:
• determine if Section 106 of NHPA applies to a given project and, if so, initiate the review;
• gather information to decide which properties in the project area are listed in or eligible for the National Register of Historic Places;
• determine how historic properties might be affected;
• explore alternatives to avoid or reduce harm to historic properties; and
• reach agreement with the SHPO [State Historic Preservation Office] /tribe (and the ACHP in some cases) on measures to deal with any adverse effects or obtain advisory comments from the ACHP, which are sent to the head of the agency.
The point of Section 106 review is not to stop projects. It is to ensure that Federal agencies fully consider historic preservation issues and the views of the public during project planning.
Throughout Section 106 review, Federal agencies must consider the views of the public. This is particularly important when an agency is trying to identify historic properties that might be affected by a project and is considering ways to avoid or minimize harm. In either case, agencies must give the public a chance to learn about the project and provide their views.
In addition to seeking the views of the public, Federal agencies must actively consult with certain organizations and individuals during review. This interactive consultation is at the heart of Section 106 review. You or your organization may want to take an active role in Section 106 review, especially if you have a legal or economic interest in the project or the affected properties.
Who Are “Consulting Parties”? The following parties are entitled to actively participate as consulting parties during Section 106 review: State Historic Preservation Officers Indian tribes Native Hawaiian organizations Local governments Applicants for Federal assistance, permits, licenses, and other approvals Other individuals and organizations with a demonstrated interest in the project may participate in Section 106 review as consulting parties “due to the nature of their legal or economic relation to the undertaking or affected properties, or their concern with the undertaking’s effects on historic properties.”
Federal agencies must conclude Section 106 review before project funds are approved or permits issued. They must not sign contracts or take other actions that would preclude consideration of the full range of alternatives to avoid or minimize harm to historic properties before Section 106 review is complete.
The City of Mansfield is an "entitlement city", operating the HUD program through their office of Community Development on behalf of the Department of HUD. The city takes on the responsibility that HUD has, as a federal agency, to comply with the Preservation Act.