tag:blogger.com,1999:blog-8788575.post1552439100346193717..comments2024-01-11T22:45:53.276-08:00Comments on Tom King's CRM Plus: Enforcing Section 106Thomas F Kinghttp://www.blogger.com/profile/00037819472341496713noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8788575.post-41351154661556328902011-01-26T13:48:00.019-08:002011-01-26T13:48:00.019-08:00That's a fascinating idea, Alan, but I've ...That's a fascinating idea, Alan, but I've never seen a federal agency do anything so meaningful with performance evaluations.Thomas F Kinghttps://www.blogger.com/profile/00037819472341496713noreply@blogger.comtag:blogger.com,1999:blog-8788575.post-45531037757164620602011-01-26T12:53:52.593-08:002011-01-26T12:53:52.593-08:00For the NHPA, maybe it's not so much enforceme...For the NHPA, maybe it's not so much enforcement that's needed as it is accountability. Maybe the ACHP, which is comprised largely of federal agency policy makers, should convince its federal members that they need to hold their decision makers accountable for compliance by tying it to manager performance evaluations. Maybe decision makers performance -or failure to perform - should be a consideration for whether they will receive their next performance-based step increase. And maybe the ACHP should start holding agencies accountable by issuing forclosures for violations of Section 106, as they used to before they got all soft and squishy. Holding federal decision makers accountable for compliance as an element of their performance evaluations should lead to more conscientious adherence to the 106 requirements, and a more conscientious (or conscious) ACHP willing to exercise its oversight responsibilities wouldn't hurt.Alanhttps://www.blogger.com/profile/04643878057095071202noreply@blogger.comtag:blogger.com,1999:blog-8788575.post-12163931393564771322011-01-22T04:27:51.152-08:002011-01-22T04:27:51.152-08:00Sure, but it's a lot easier to criminalize som...Sure, but it's a lot easier to criminalize something measurable like dumping gunk than something as subject to interpretation as how well somebody's assessed impacts on the environment or consulted about impacts on historic properties. And criminalization can have unintended consequences. This isn't to say it's not worth considering, in the event somebody wants to consider it; it's just going to be tricky, and the implications need to be thought through.Thomas F Kinghttps://www.blogger.com/profile/00037819472341496713noreply@blogger.comtag:blogger.com,1999:blog-8788575.post-56013629375913357572011-01-21T19:10:40.644-08:002011-01-21T19:10:40.644-08:00The key difference in these laws is that the Clean...The key difference in these laws is that the Clean Air Act, Clean Water Act, RCRA, etc. criminalizes non-compliance, while process laws don't. When individual managers are indicted and go to jail, as some have, it sends a powerful message to others in the regulated industry. That's why these laws are taken seriously and process laws aren't.Anonymousnoreply@blogger.com