Section 106 Process
SECTION 106 AND THE NATIONAL HISTORIC PRESERVATION ACT (NHPA)
- Section 106 of the NHPA and its implementing regulations (36 C.F.R. Part 800) require federal agencies to consider the effects of their actions (known as “undertakings”) on historic properties.
- Historic properties are any buildings, structures, objects, sites (including archaeological sites), and districts listed in or eligible for listing in the National Register of Historic Places.
SECTION 106 CONSULTATION
- Consultation is the process of seeking, discussing, and considering the views of “consulting parties,” who are invited to participate in the process.
- Consulting Parties include the State Historic Preservation Office (SHPO), Indian tribes and Native Hawaiian organizations, the Advisory Council on Historic Preservation (ACHP), local elected representatives, other interested parties, and the public.
- The purpose of consultation is to identify historic properties, assess adverse effects, and resolve those adverse effects through avoidance, minimization, and mitigation strategies.
SECTION 106 RESOLUTION
- A Memorandum of Agreement (MOA) or Programmatic Agreement (PA) is used to resolve adverse effects to historic properties and conclude a Section 106 consultation process.
- For projects that are complex or repetitive in nature, or for which effects cannot be fully determined prior to the approval of the project, a Programmatic Agreement (PA) can be developed to guide future consultation.
- If adverse effects cannot be resolved, the agency may terminate consultation and request comments from the Advisory Council on Historic Preservation (ACHP). The ACHP is an independent federal agency that promotes historic preservation and advises the President and Congress on national preservation policy.