Eric Voigt, The Louis Berger Group, Inc.

1. IT’S A PROCESS
EARLY CONSULTATION AND REGULATORY CLARITY
Eric Voigt, Senior Program Manager

2. BUSINESS DECISION TO
PROCEED
PROJECT COMMITMENT
CORPORATE PERSONNEL
CORPORATE RESOURCES
CONSULTANTS
REGULATORY STAFF

3. PROJECT PRIORITIES:
SCHEDULE
SCHEDULE
SCHEDULE

4. THE TWO-FOLD PATH
ROUTING
PERMITTING

5. CONSULTATION AND COMPLIANCE
Wetlands Delineation and Jurisdictional Wetlands
Cultural Resources and Section 106
Threatened and Endangered Species
NEPA

6. DETERMINE THE FEDERAL
NEXUS
Federal or Tribal Lands
Corps Permit
Federal License

7. FEDERAL LANDS –
NATIONAL PARK SERVICE
REBUILD ON EXISTING ROW
Construction Permit
NEPA - EA
Section 106 = Undertaking
Under 36CFR800
NPS Must Initiate the Section 106 Consultation

8. FEDERAL PERMIT - JPA
404 Permit from USACE
Federal Undertaking
according to 36CFR 800
Permit Cannot Be Issued Until
Section 106 Consultation is
Complete
The USACE Must Initiate Section 106 Consultation

9. AREA OF POTENTIAL
EFFECTS
The Federal lead Agency determines the APE
in consultation with SHPO/THPO - Section 36CFR 800.4(a)
The USACE determines that the APE includes only
those areas over which it has jurisdiction
– not the entire project
Surveys and evaluations are complete =
No Effects Historic Properties within the APE!!!
Unless there are state requirements under state law and/or regulations,
you may have spent several hundred thousand dollars for no reason!!

10. STATE PROCESS AND
MITIGATION
No Effects to Historic Properties Within the APE!!!
But under state law and
regulations, there are impacts
to historic properties……
But resolution of impacts
involves consultation with SHPO
And stakeholders outside the
Section 106 process

11. CONSULTLING PARTIES AND
PUBLIC INVOLVEMENT
36CFR 800.2(c)
• Representatives of local governments;
• Additional consulting parties (individuals and organizations with a
demonstrated interest; and
• The public (property owners and others identified through NEPA
It is critical that you can demonstrate that consulting parties and
the public have been “appropriately” engaged throughout the
Section 106 Process
This will be a focus of the SHPO, the ACHP,
and – which is often the case - a Judge

12. CONCLUSION – START AT THE
BEGINNING
Start At the Onset of the Business Decision and Prior to Routing Study
Identify the Federal Involvement
Identify the Possible Limits of Federal Jurisdiction
Identify Consulting Parties
Initiate Consultation
WORK FOR STANDARDIZATION OF GUIDELINES
FOR SHPO REVIEW