When an undertaking subject to review under Section 106 [1] of the National Historic Preservation Act is carried out, licensed, permitted, approved, or assisted by more than one federal agency, the Section 106 regulations allow for some or all of those agencies to designate one lead federal agency. Section 106(b)(1) shields any sharing conducted among private entities pursuant to section 104(c). Please be aware that the Alabama Historical commission does not approve or “clear” projects. Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies, including NEH, to consider the effects of Federally funded projects on historic properties and to afford the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on such projects prior to the expenditure of any Federal funds. Further, NEH cannot release grant funds until it completes its Section 106 obligations.An historic property is any property that is included in, or eligible for inclusion in, the Historic properties also include artifacts, records, and remains related to and located within such properties, and properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization.The ACHP is an independent Federal agency that promotes historic preservation, oversees the operation of the Section 106 process, and advises the President and Congress on historic preservation policy. The National Park Service, U.S. Department of the Interior (NPS) also holds information on every property listed in the To be National Register-listed or -eligible, the property must be significant in American history, architecture, archeology, engineering, and culture, and possess integrity of location, design, setting, materials, workmanship, feeling, and association. A survey is done to locate any historic properties that maybe within or near your project area. Section 106(a) applies to any cybersecurity monitoring conducted pursuant to section 104(a).
SECTION 106 FAQs How long will it take the SHPO to "clear" my project? For example, the ACHP may participate if NEH has made an adverse effect finding or if other parties involved in the Section 106 review of a project have requested ACHP guidance.The Section 106 regulations require Federal agencies to seek and consider the public’s views at every stage of the review process. Furthermore, the property must meet one or more of the following criteria:National Historic Landmarks are nationally significant historic places designated by the Secretary of the U.S. Department of the Interior because they possess exceptional value or quality in illustrating or interpreting the heritage of the United States.
In response to recent catastrophic events across the country, such as flooding, snow, ice, hurricanes, tornados, and fires, the Advisory Council on Historic Preservation (ACHP) has prepared the following Frequently Asked Questions (FAQs) to assist State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), federal agencies, and other historic preservation partners in addressing Section 106 requirements during disaster response efforts. Under Section 106 of the National Historic Preservation Act, our role is to advise federal agencies with respect to cultural resources. Because proposed projects vary in scope and size, NEH’s plans for involving the public may be different for each Section 106 review. The APE is defined before the identification of any historic properties.
Occasionally, the ACHP participates in the Section 106 review of an NEH project. 36 C.F.R. If we ask that a cultural resources survey be performed, you will need to hire a qualified professional who meets the Secretary of the Interior’s Professional Qualification Standards. If necessary, NEH may also reach out to the ACHP to participate in the agency’s Section 106 review. Section 106 covers a broad range of projects, including construction, renovation, repair, or rehabilitation; ground disturbances; and changes to an area’s visual characteristics.
However, NEH cannot meet its obligations without the full cooperation and assistance of NEH awardees or offers. (See FAQ #2.) In the case of federally funded projects, the responsible federal agency pays for the survey and for any additional investigations that ultimately might be necessary. The AHC does not “stop” projects. If an architectural survey is required, the survey and report must meet Alabama’s Architectural Guidelines. Section 106 contributions (also known as Unilateral Obligations) are required by law to mitigate the impact of your development on a local community and infrastructure. If there are no historic properties, then NEH refrains from further Section 106 review of the project.However, if there are historic properties, then NEH, in consultation with the consulting parties and the public, assesses whether the project will adversely affect historic properties. Although NEH does not formally initiate Section 106 review until it decides to fund a project, there are many steps that an applicant should take If your institution requests NEH funds to support ground disturbances, changes to an area’s visual characteristics, or any construction, renovation, repair, or rehabilitation of a building, then you should take the following measures:If applicable, submit an archaeological survey for the APE to NEH.Yes. Because we review the survey reports we cannot perform the survey. If it is significant, we will work together to avoid, minimize, or mitigate the project’s impacts to the resource. Examples of adverse effects include:Yes. Each time information is submitted to our office, the 30-day review clock starts over. What is Section 106?