The Section 106 process must be conducted as directed by federal regulation (36 CFR Part 800) . An official website of the United States governmentThe Section 106 review process is an integral component of the If additional information is requested, the 30-day review period will reset upon receipt of the new information. ACHP will, and other participants in the Section 106 review process for Federal agency resource management should, be guided by the following principles in applying the policy set forth: Identify potential conflicts early. The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties, if such properties exist. The Section 106 process seeks to balance historic preservation concerns with the needs of Federal undertakings through consultation among the agency official and other parties with an interest in the effects. Generally, an area broader than the project footprint must be considered.The APE should be coordinated with our office early in the consultation process, before efforts to identify historic properties occur.
Once an MOA is executed, the project may proceed under the terms of the agreement.The Atlas features nearly 300,000 site records, including markers, historic places, courthouses, cemeteries, museums, and sawmills across the state. For more detailed information, please see an overview of Section 106 and A Citizen’s Guide to Section 106 Review on the Advisory Council on Historic Preservation website.. However, if the adverse effect cannot or will not be avoided, the agency must enter into a Memorandum of Agreement (MOA) with the SHPO, and potentially other consulting parties and the ACHP.
The Section 106 review process is a consultive process that must be completed prior to the initiation of demolition, construction, and ground disturbing activities. For example, applicants for federal financial assistance or federal permits may be required to provide information about the project directly to the SHPO.
The following gives an overview of the steps in the Section 106 process. Consultation is defi ned in the Section 106 regulations as a process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding matters arising in the section 106 process. An effect occurs when an action alters the characteristics of a property that qualify it for listing in the National Register of Historic Places, including changes to the property’s location, design, setting, materials, workmanship, feeling, and association.
The goal of ongoing consultation is to seek and evaluate measures that would avoid, minimize, or mitigate the adverse effects to historic properties. renovation will be undertaken on a historic property that could be adversely affected, ... must continue the consultation process to mitigate the adverse effect. See 36 C.F.R. If your project includes the potential for grounddisturbing - activities, you must complete this section and provide a USGS 7.5 minute quadrangle map with the location clearly marked. The assessment of effects may reach one of three outcomes:As with the previous step, assessment of the effects of the undertaking on historic properties should be carried out by a professional meeting the An adverse effect is an undertaking that may alter, directly or indirectly, any of the characteristics of a historic property that qualify that property for listing in the National Register of Historic Places. If an undertaking has When a proposed undertaking has the potential to affect historic properties, the federal agency or its delegate should initiate consultation by providing documentation about the project to our office and other consulting parties, as appropriate.
Please see the document Guidance for Defining Areas of Potential Effect under After defining the APE in consultation with our office, the federal agency must identify any historic properties within that boundary. Examples of adverse effects include:Upon arriving at this determination, the federal agency must notify the ACHP of the adverse effect and continue consultation with the SHPO and other consulting parties. The Section 106 process must be completed prior to the spending of federal funds or issue of a federal license or permit for the undertaking. § 800.16(f). Section 106 has four basic steps. This information must be provided with the project submission to our office.Identification of historic properties should be carried out by a professional meeting the Once historic properties have been identified in the APE, the federal agency must determine the effect of the proposed undertaking on those historic properties. It is not the SHPO’s responsibility to conduct research or fieldwork for the identification of historic properties. In the case of the U.S. Department of Housing and Urban Development, responsibility for Section 106 is fully borne by local governments that receive HUD assistance; please see the HUD Guidance Memorandum under The NHPA requires the governor of every state to appoint a Federal agencies are required to consult with federally recognized The federal agency must also provide an opportunity for the As the first step in the Section 106 process, the federal agency must determine whether its proposed action is an undertaking, and if so, whether it is a type of activity that could affect historic properties. They may include a change in ownership or use. The area of potential effects is influenced by the scale and nature of the undertaking and may be different for different kinds of effects caused by the undertaking. Section 106 requires that federal agenciesconsider the effects of their und ertakings on historic resources.
It is especially important to consider the views of the public at this stage in the process. As a Federal agency, FEMA must "take into account" the effects of our actions, or undertakings on historic properties and "afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on [FEMA] actions. The Section 106 review process must be completed prior to approval of the expenditure of federal funds for the project, or prior to the issuance of any federal license or permit.