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Section 106 of the National Historic Preservation Act
Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the adverse effects of their undertakings on historic properties. It also requires federal agencies, in consultation with the State Historic Preservation Officer, to afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on actions that could affect historic properties.
Identify potential lead federal action agency for Section 106 compliance
Federal agency determines if they have an undertaking requiring Section 106 compliance
Federal lead agency, in coordination with project applicant, determines best approach for assessment of effects on historic properties listed or eligible for listing on the National Register of Historic Places within the project area of potential effect
If determination of effects cannot be made, Section 106 compliance may be completed through development of a draft Programmatic Agreement (PA)
- Federal lead agency initiates consultation with State Historic Preservation Officer (SHPO) and Advisory Council on Historic Preservation (ACHP)
- Federal lead agency, in coordination with project applicant, develops draft PA (which requires future process for determination of effects)
- Draft PA submitted to SHPO and consulting parties, including consulting Tribes, for review
- PA fully executed
- Develop draft Historic Properties Management Plan
USACE incorporates consideration of PA in National Environmental Policy Act Record of Decision