Section 106 & ORS 358.653 Compliance
Clients rely on us to meet Section 106 requirements when federal dollars are involved with their projects. Section 106 of the National Historic Preservation Act requires that all federal agencies take into account the potential effects of their actions on historic properties, including the funding they provide. These federally-funded projects are typically affordable housing projects receiving subsidy from HUD or arts-related projects receiving National Endowment funding. Similarly, in Oregon, the sale or alteration of publicly-owned buildings must be evaluated for adverse effects under ORS 358.653, which is often referred to as “Section 106 lite” because it mimics the federal review process.
This review imperative does not just apply to listed historic resources in the National Register. As part of the Section 106 evaluation, properties 50 years or older can be found to be potentially eligible for the National Register and may still have to mitigate adverse effects caused by the federally-funded project. Whatever the ultimate determination, we advise clients on ways to secure a favorable "no adverse effect" determination, allowing them to swiftly proceed with their project. For older buildings that are not historically significant, we have the expertise to effectively make the case when such a resource is not eligible for the National Register and, therefore, allow a project to proceed with no further review or compliance measures. In cases where an adverse effect is an unavoidable outcome and necessary for the project to move forward, we work to secure a Memorandum of Agreement with the SHPO and consulting parties in the quickest time frame possible with mitigation terms that are agreeable to all.
For both Section 106 and ORS 358.653, we assist our clients with the most commonly agreed-upon mitigation tasks including interpretive displays, historic research and documentation, and National Register nominations.
As a publicly-owned building subject to ORS 358.653 compliance, the renovation of the Portland Building was reviewed by the Oregon State Historic Preservation Office. Jessica was part of the team that shepherded this project through the SHPO process and the local historic review process. Because the 1982 building’s exterior was failing and required replacement, the reviews were complex and required clear and careful communication about the building’s envelope issues and appropriate remedies that often diverged from traditional preservation practices.
Compliance Projects
The Portland Building
Ya-Po-Ah Terrace, Eugene
Yaquina Hall, Salem
Justice Building, Salem