Section 106

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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.

  1. Identify potential lead federal action agency for Section 106 compliance

  2. Federal agency determines if they have an undertaking requiring Section 106 compliance

  3. 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

  1. 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

  2. USACE incorporates consideration of PA in National Environmental Policy Act Record of Decision

 
Section 106 of the National Historic Preservation Act Process Steps 1 through 3 Step 1: Identify potential lead federal action agency for Section 106 compliance, Step 2: Federal agency determines if they have an undertaking requiring Section 106 compliance, Step 3: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 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 effectFederal agency determines if they have an undertaking requiring Section 106 complianceIdentify potential lead federal action agency for Section 106 compliance
Section 106 of the National Historic Preservation Act Process Steps 1 through 3 Step 1: Identify potential lead federal action agency for Section 106 compliance, Step 2: Federal agency determines if they have an undertaking requiring Section 106 compliance, Step 3: 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 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 effectFederal agency determines if they have an undertaking requiring Section 106 complianceIdentify potential lead federal action agency for Section 106 compliance
List of numbers from 1-3
Section 106 of the National Historic Preservation Act Process Steps 4 through 5 Step 4: If determination of effects cannot be made, Section 106 compliance may be completed through development of a draft Programmatic Agreement (PA), Step 5: USACE incorporates consideration of PA in National Environmental Policy Act Record of Decision If determination of effects cannot be made, Section 106 compliance may be completed through development of a draft Programmatic Agreement (PA)USACE incorporates consideration of PA in National Environmental Policy Act Record of DecisionDevelop draft Historic Properties Management PlanPA fully executedDraft PA submitted to SHPO and consulting parties, including consulting Tribes, for reviewFederal lead agency, in coordination with project applicant, develops draft PA (which requires future process for determination of effects)Federal lead agency initiates consultation with State Historic Preservation Officer (SHPO) and Advisory Council on Historic Preservation (ACHP)
List of numbers from 4-5
Download Process Flowchart