What is the ape section 106?
Section 106 of the National Historic Preservation Act requires federal agencies to define and document the Area of Potential Effects (APE) in consultation with the State Historic Preservation Office (SHPO).
What is the definition of area of potential effect?
As per 36 CFR 800.16(d), the area of potential effects (APE) is defined as “. . .the geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties, if any such properties exist.
What does the archaeological resources Protection Act say?
§§ 470aa–470mm), also referred to as ARPA, is a federal law of the United States passed in 1979 and amended in 1988. It governs the excavation of archaeological sites on federal and Native American lands in the United States, and the removal and disposition of archaeological collections from those sites.
What triggers a Section 106 review?
Section 106 is triggered when a federal agency determines that it has a type of undertaking that has the potential to affect historic properties.
What are the two meanings of Shpo?
State Historical Preservation Office (various states)
How old does a site have to be to be considered archaeological?
Answer: The law uses “100 years old” to mean very old. Other laws, such as the National Historic Preservation Act, apply to archaeological properties that are 50 years old or older (however, exceptions may apply to properties younger than 50 years).
Can you keep artifacts you find?
Taking Artifacts Is Illegal
Federal law protects archeological sites and artifacts on federal lands. You may not dig, collect artifacts, use metal detectors, or deface rock images in national park units. Violations may result in jail time or fines, as well as con- fiscation of equipment.
How long does it take to get a Section 106?
Most LPAs take time to deal with Section 106 viability reports; the vetting and negotiation process is unlikely to be complete in less than 8 weeks. It is therefore important to begin addressing this as soon as possible in the planning process.
What is the first step in the Section 106 process?
Four Steps in the Regular Section 106 Review Process
- Step 1: Establish the Undertaking and Initiate Section 106 Process: Applicant’s Role.
- Step 2: Identify Historic Properties: Applicant’s Role.
- Step 3: Assess Effects: Applicant’s Role.
- Step 4: Resolve Adverse Effects: Applicant’s Role.
What happens when a SHPO ends?
Under the Rehabilitation of Offenders Act, an SHPO becomes spent at the end of the order. While your conviction is unspent, you must disclose it to any employer, education institution or insurance provider that asks you for a criminal record declaration.
When can a Shpo be imposed?
A sexual harm prevention order (SHPO), previously known as a sexual offence prevention order (SOPO), is a court order that can be requested by the police, or court when there is a specific concern about an individual. This court order will be requested to prevent a person from engaging in a particular activity.
Can you sell artifacts you find?
Legitimate archaeologists are in favor of these kinds of laws because they help protect the integrity of the site. Professionals in the field do not keep, sell or trade artifacts they uncover. Their goal is to record history, plain and simple, and if possible, move the objects as a collection for research and display.
Is it illegal to pick up arrowheads?
It is illegal and unethical to collect artifacts on public lands. Artifacts include anything made or used by humans including arrowheads and flakes, pottery, basketry, rock art, bottles, coins, metal pieces, and even old cans. Collecting artifacts disrupts the archaeological record.
Can I buying a house with a 106 agreement?
Yes, it’s possible. There are plenty of lenders willing to loan you the money to buy this type of property, although which is right for you will depend on the mortgage provider’s criteria and the exact wording of the covenant. Often, the benefit of buying a Section 106 property is that you get it under market value.
Does section 106 still exist?
At present, Section 106 Agreements can still be used for new developments, and they usually would be the preferred method to secure affordable housing at the site.
How long does a Section 106 agreement take?
Within 13 weeks of registering the application for ‘major’ applications.
What is a Sarah’s Law?
The child sex offender disclosure scheme, sometimes called ‘Sarah’s Law’, allows parents, carers or guardians to formally ask the police for information about a person who has contact with their child, or a child close to them, if they’re concerned the person may pose a risk.
Can a Shpo be removed?
It is possible to apply to have a SOPO or SHPO varied or discharged at any time. However, a court will only have the power to discharge a SOPO/SHPO totally within 5 years of it having been made with the permission of the Chief Constable/Commissioner of Police in that area.
What happens if you break a Shpo?
How does the court decide on sentence for breach of SHPO? The maximum sentence for each offence is 5 years imprisonment and the range of sentences is a financial penalty to 4 years six months for breach of SOPOs and 4 years for failing to comply with notification requirements.
Is it illegal to own Native American artifacts?
It is illegal to offer or display for sale, or sell, any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
Why are arrowheads illegal?
Why are there so many arrowheads found?
Native American arrowheads can be found in many locations of the entire USA because they were nomadic people; they move from one camp to another. Also, Indians already exercised trading in the periods that they existed on earth. Even so, a large number of the remnants have been found on the Northern part of USA.
How long does a Section 106 last?
An application for modification or discharge of s106 agreement can be made to the local planning authority after the expiry of the ‘relevant period’, and the “relevant period” is defined as five years since the beginning with the date that the s106 agreement is entered.
Can a Section 106 be removed?
These legal undertakings are often referred to as ‘Section 106 agreements’, after the relevant part of planning legislation. You can apply to change or remove a legal agreement.
Can I buy a section 106 property?