Bill WhiteHost
Chris WebsterHost
Andrew KinkellaHostHeatherHostPanel InterjectorGuest
All right, guys, so what I'm gonna do is I'm gonna read the actual Section 106 as it's written in the National Historic Preservation Act of 1966, right? So this is the actual Section 106.

And what we have to realize is what we're arguing about is not Section 106 itself, it's how it's what's called codified into law.

It's how we've decided over the decades to utilize it, and that, that utilization of Section 106 is in a document called 36 CFR 800, and that's the document that's, like, 50 pages long and changes over time and gets stronger and weaker and all that kind of stuff, right? So but what we want to realize is the entire sort of power of the National Historic Preservation Act in terms of archaeology comes from this quote.

"The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or interdepartment agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or the issuance of any license, as the case may be, take into account the effect of the undertaking on any historic property included in or eligible for inclusion in the National Register.

The head of any such Federal agency shall afford the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to the undertaking." There you go.

All right, guys, so what I'm gonna do is I'm gonna read the actual Section 106 as it's written in the National Historic Preservation Act of 1966, right? So this is the actual Section 106.

And what we have to realize is what we're arguing about is not Section 106 itself, it's how it's what's called codified into law.

It's how we've decided over the decades to utilize it, and that, that utilization of Section 106 is in a document called 36 CFR 800, and that's the document that's, like, 50 pages long and changes over time and gets stronger and weaker and all that kind of stuff, right? So but what we want to realize is the entire sort of power of the National Historic Preservation Act in terms of archaeology comes from this quote.

"The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or interdepartment agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or the issuance of any license, as the case may be, take into account the effect of the undertaking on any historic property included in or eligible for inclusion in the National Register.

The head of any such Federal agency shall afford the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to the undertaking." There you go.
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