NYC 9/11 Public Portal Document
To the west of the World Trade Center is Battery Park City and the World Financial
Center constructed on landfill from the excavation foi the WTC. Battery Park City is a
collaboratively planned waterfront residential community interspersed with commercial
buildings and open spaces along a mile-long esplanade and marina. Portions of the
development may eventually be designated historic landmarks, but Battery Park City
presently does not meet the minimum age threshold.
Section 101(b)(4) of NEPA established a federal policy of conserving the historic and
cultural, as well as the natural, aspects of our national heritage. Regulations
implementing NEPA stipulate that federal agencies consider the consequences of their
actions on historic and cultural resources (40 CFR Part 1502.16[g]). Numerous other
laws, regulations, and executive orders define other requirements for protecting cultural
resources, but the primary requirements are those of Section 106 of the National Historic
Preservation Act (NHPA). NHPA mandates that as federal projects, or federally funded
or approved projects, are planned and implemented, the responsible federal agencies give
due consideration to historic properties, which are defined as districts, sites, buildings,
structures, and objects included in or eligible for the National Register of Historic Places.
Regulations for Protection ofHistoric Properties (36 CFR Part 800) implement NHPA
by defining a process for demonstrating such consideration through consultation with
State Historic Preservation Officer (SHPO), the federal Advisory Council on Historic
Preservation (Council), and other interested organizations and individuals such as
American Indian communities.
To be eligible for inclusion in the National Register, properties ordinarily must be at least
50 years old (unless they are exceptionally significant), and must be important in
American history, architecture, archaeology, engineering, or culture, at the national, state,
or local level. They also must possess integrity of location, design, setting, materials,
workmanship, feeling, and association, and meet at least one of the four following
criteria:
• Criterion A: be associated with events that have made a significant contribution
to the broad patterns of our history
• Criterion B: be associated with the lives of persons significant in our past
• Criterion C: embody the distinctive characteristics of a type, period, or method
of construction, that represent the work of a master or possess high artistic values,
or that represent a significant distinguishable entity whose components may lack
individual distinction
• Criterion D: have yielded, or may be likely to yield, information important in
prehistory or history (National Register ofHistoric Places, 36 CFR Part 60.4)
The types of cultural resources within the project area that may be eligible for the
National Register include archaeological resources, historical buildings and structures,
and potentially, traditional cultural places. The Section 106 process is defined by the
regulations for Protection ofHistoric Properties includes the following steps:
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