NJDOT Rte. 28 Traffic Circle Improvement Concept, Westfield, NJ
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Background Information:
Section 106 of the National Historic Preservation Act of 1966 requires that federal agencies identify historic properties which may be affected by a proposed project; assess what effect the project will have on them; consult with the New Jersey Historic Preservation Office (NJHPO) and others on ways to make the project less harmful; obtain comments from the Advisory Council on Historic Preservation; and proceed with the project once all comments have been considered. A brief summary of this process is attached.

Because the Route 28 project will be funded with federal dollars, the New Jersey Department of Transportation (NJDOT) must complete the first four steps as part of the project development process. The Department has completed the identify and assess steps.

The NJDOT conducted an historic architectural survey for the Route 28 project. The results of the investigation are as follows:

Properties Identified as Being Eligible for Listing in the National Register of Historic Places as a Result of the Current Studies

First Methodist Church (a contributing element of the Westfield Plaza Historic District).

World War I Monument

Northside Railroad Station ( a contributing element of the Central Railroad of New Jersey Main Line Corridor Historic District)

Westfield Plaza Historic District, (including Westfield Plaza, First Methodist Church, World War I Monument, Central Railroad of New Jersey Main Line Corridor Historic District, Central Railroad of New Jersey Bridge Over Westfield Avenue, and the Traffic Rotary Park)

Westfield Commercial Historic District, (including First Methodist Church, Northside Railroad Station, and Westfield Fire Headquarters)

No archaeological resources are identified in the project's area of potential effect (APE).

As delineated in 36CFR800.5, the criteria of adverse effect shall be applied to the proposed project to determine if any eligible resource is affected and if that effect is adverse. This will be done following further project development.

For further information please contact:

Steven H. Hochman, Environmental Team Leader
Division of Project Management
NJ Department of Transportation
1035 Parkway Avenue P.O. Box 600
Trenton, NJ 08625
609-530-5366

Section 106 of the National Historic Preservation Act of 1986 (NHPA) requires Federal agencies of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The historic review process mandated by Section 106 is outlined in regulations issued by the Council. These regulations, "Protection of Historic Properties" were revised in May, 1999 and are summarized below. They will be codified at 36 C.F.R. Part 800.

Initiate Section 106 process.

The responsible Federal Agency first determines whether it has an undertaking that could affect historic properties, which are properties that are included in or that meet the criteria for the National Register of Historic Places. If so. it must identify the appropriate State Historic Preservation Office/Tribal Historic Preservation Office (SHPO/THPO) to consult with during the process. It should also plan to involve the public, and identify other potential consulting parties. If it determines that it has no understanding, or that its undertaking has no potential to affect historic properties, the agency has no funkier Section 106 obligations.

Identify historic properties.

If the agency's undertaking could affect historic properties, the agency determines the scope of application identification efforts and then proceeds to identify historic properties in the area of potential effects. The agency reviews background information, consults with the SHPO/THPO and others, seeks information from knowledgeably, parties, and conducts additional studies as necessary. Districts. sites. building. structures and objects listed in the National Register are considered, unlisted properties are evaluated against the National Park Service's published critena. in consultation with the SHPO/THPO and any Indian tribe or Native Hawaiian organization that may attach religious or cultural importance to them.

If questions arise about the eligibility of a given property, the agency may seek a formal determination of eligibility from the National Park Service. Section 106 review gives equal consideration to properties that have already been included in the National Register as well as those that meet, National Register criteria.

If the agency finds that no historic properties are present or affected, if provides documentation to the SHPO/THPO and, berring any objection in 30 days, proceeds with its undertaking.

If the Agency finds the historic properties are present, it proceeds to assess posible adverse effects.

Assess adverse effects.

The agency, in consultation with the SHPO/THPO, makes an assessment of adverse effects on the identified historic properties based on criteria found in the Council's regulations.

If they agree that there will be No Adverse Effect, the agency proceeds with the undertaking and any agreed upon conditions.

If the parties cannot agree or they find that there is an Adverse Effect, the agency begins consultation to identify ways to avoid, minimize, or mitigate adverse effects.

Resolve adverse effects

The agency consults with the SHPO/THPO and others, who may include Indian tribes and Native Hawaiian organizations, local governments, permit or license applicants, and members of the public. The Council may participate in consultation when there are substantial impacts to important historic properties, when a case presents important questions of policy or interpretation. when there is a potential for procedural problems, or when there are issues of concern to Indian tribes or Native Hawaiian organizations.

Consultation usually results in a Memorandum of Agreement (MOA), which outlines agreed upon measures, or mitigate the adverse effect. In some cases, the consulting pa ties may agree that no such measures are possible, but that the adverse effects must be accepted in the public interest.

Implementation

If an MOA is executed. the agency proceeds with its undertaking under the terms of MOA.

Failure to resolve adverse effects

If consultation proves. unproductive, the agency or the SHPO/THPO or the Council itself, may terminate consultation. If an SHPO terminates consultation. the agency and the Council may conclude an MOA without SHPO involvement. However, if a THPO terminates consultation and the undertaking is on or affecting historic properties on tribal lands. the Council must provide its comments. The agency must submit appropriate documentation to the Council and request the Council's written comment. The agency head must take into account the Council's written comments. The agency bend must take into account the Council's written comments in deciding how to proceed.

Tribes, Native Hawaiian, & the public

Pubic involvement is a key ingredient. In successful Section 106 consultation and the views of the public should be solicited and considered throughout the process.

The regulations also place major emphasis on consultation with Indian tribes and Native Hawainan organizations, in keeping with she 1992 amendments to NHPA. Consultation with an Indian tribe must respect tribal sovereignty and the government-togovernment relationship between the Federal government and Indian tribes. Even if an Indian tribe has not been certified by NPS to have a THPO that can act for the SHPO on its lands, it must be consulted about undertaking on or affecting its lands on the same basis and in addition to the SHPO.