Section 106 & ORS 358.653 Compliance
Continuum helps clients navigate historic preservation review for projects involving federal funding, permits, or approvals. 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.
Section 106 review applies to properties listed in the National Register as well as those eligible for listing. Continuum researches and evaluates historic resources, prepares documentation supporting eligibility recommendations, and helps clients understand the implications for their projects. Where historic properties may be affected, we work with the project team to identify approaches that avoid or minimize adverse effects. For properties that do not meet National Register criteria, we prepare a clear, well-supported explanation for agency review. When adverse effects cannot be avoided, we assist with consultation and development of a Memorandum of Agreement, working with the responsible agency, SHPO, and other consulting parties to identify practical mitigation measures and clearly defined commitments.
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