In the section 106 consultation process, odot must comply if the undertaking is of a type of activity that has the potential to affect a historic property. Established the national register of historic places. The achp is going to be most concerned that any and all responsible mandatory signatories have signed before they do. Section 106 regulations advisory council on historic. The lead state or federal agency undertaking the project must identify potential consulting parties, including the state historic. The section 106 process seeks to incorporate historic preservation principles into project planning through consultation. Determining adverse effects on historic resources is based on criteria established by the regulations, 36 cfr part 800 of the achp. A pdf of 36 cfr part 800 can be downloaded from the section 106 page of the achps website.
Section 106, as set forth in the 36 cfr part 800, are those implementing regulations. Achp section 106 regulations flowchart open energy. An act to establish a program for the preservation of additional historic properties throughout the nation, and for other purposes, on october 15, 1966. It is the statutory obligation of the federal agency to fulfill the requirements of section 106. The 106 process is complete once the federal agency has filed the executed agreement with the achp submit copy of moa, along with documentation specified in section 800. The national historic preservation act nhpa is intended to protect and preserve historical and archeological sites within the united states. Regulations issued by the advisory council on historic preservation achp guide the. The nhpa requires any agency issuing a federal permit or license, providing federal funds or otherwise providing assistance or approval to comply with section 106. If this is a grant program note the name of the program i. The regulations that implement section 106, protection of historic properties 36 c. Declaration on the rights of indigenous peoples declaration on march 1, 20. These regulations require that the council must be included in any consultation following a determination by the federal agency that a federal or federally assisted undertaking will have an adverse effect on an nhl. The achp intends to continue referring to section 106 of. Section 106 of the national historic preservation act of 1966 requires federal.
This report provides summary information on the uspss historic properties, disposal procedures, and section 106 compliance to date. Nepa and nhpa advisory council on historic preservation. The advisory council on historic preservations section 106 guidance is designed to assist federal agencies in making effective management decisions about archaeological resources in completing the requirements of section 106 of the national historic preservation act 16 u. Aug 05, 2004 section 106 regulations text protection of historic properties 36 cfr part 800 incorporates amendments effective aug. Part 800, encourage agencies to plan section 106 consultations coordinated with other requirements of other statutes, as applicable, such as nepa. Protecting historic properties advisory council on historic.
Part 800 pdf revised august 5, 2004 require federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties. Shpo guidance on drafting section 106 agreement documents. Section 106 of the nhpa is administered by the advisory council on historic preservation achp. Subpart apurposes and participants made during the section 106 process. Cultural resources management for usepa personnel, july. Section 106 flow chart handout advisory council on.
Protecting historic properties advisory council on. The achp s regulations 36 cfr part 800 detail the steps and timeframes for the section 106 process including a federal agencys consultation with other agencies and the public. This guidance was developed by the advisory council on historic preservation achp and is intended to assist federal agencies, states, indian tribes, native hawaiian organizations, applicants, local governments, consulting parties, and the public in developing, implementing, and concluding section 106 agreements. Established the advisory council on historic preservation achp and. Section 106 of the nhpa crucial to the preservation of the historical and cultural foundations of the nation, section 106 of the nhpa and its implementing regulations, 36 c. Section 106 agreement documents alaska department of. Application to become a section 106 consulting party. The regulations are published in the code of federal regulations at 36 cfr part 800, protecting historic properties. It requires that federal agencies take into account the impacts of their proposed actions and decisions on historic properties that is, places that are included in or eligible for the national register of historic places. Section 106 regulations advisory council on historic preservation. F achp policy on affordable housing and historic preservation. In addition, federal agencies are required to consult on the section 106 process with state historic preservation. Section 106 regulations text protection of historic properties 36 cfr part 800 incorporates amendments effective aug.
Section 106 is the portion of the national historic preservation act nhpa that is concerned with federal undertakings. The achps regulations 36 cfr part 800 detail the steps and timeframes for the section 106 process including a federal agencys consultation with other agencies and the public. Section 106 regulations provide for a 30day response time by the alabama shpo from the date of receipt. It is the statutory obligation of the federal agency to fulfill the requirements of section 106 and to. It also discusses the concerns expressed by stakeholders regarding these undertakings and the uspss conduct of the section 106 process. Region 5 section 106 of the national historic preservation. The achp intends to continue referring to section 106 of the.
Section 106 archaeology guidance achp, 2009 department. Reviewers guide pdf sample stipulations sample signatory pages this guidance replaces earlier achp publications designed to assist in developing agreement documents. For more information about the nhpa and the achps regulations, visit. Section 106 process sc department of archives and history. The achp has published regulations that guide federal agencies and other participants in the section 106 process. In 1988, the achp issued preparing agreement documents. A pdf of 36 cfr part 800 can be downloaded from the section 106. Section 106 of the national historic preservation act nhpa. Section 106 of the nhpa requires that each federal agency identify and assess. Crossreferences to the section 106 regulations are included throughout this handbook. Cultural resources management for usepa personnel, july 20. Browse the digital library for a wide range of section 106 resources, publications, and guidance. Section 106 of the national historic preservation act of 1966 nhpa requires federal agencies to consider the effects on historic properties of projects they carry out, assist, fund, permit, license, or approve throughout the country. Article 18 and section 106 the advisory council on historic preservation achp adopted a plan to support the u.
Section 106 washington state department of archaeology. The concepts of coordination and integration are found in both the ceq regulations. Code of federal regulations at 36 cfr part 800, protection of. First, section 106 is a section in the national historic preservation act, which is a federal law. Drafting section 106 agreement documents for undertakings in arizona shpo guidance point no.
The following provide indepth information about current issues of interest to section 106 users. This guidance addresses the relationship between article 18 and the tribal and native hawaiian organization nho consultation requirements in the section 106 process. Internet link for achp section 106 regulations flowchart citation. It is intended to help practitioners take advantage of opportunities to coordinate nepa and section 106. National historic preservation act sections 106, 110. In the event of any unintended inconsistencies between these procedures and the section 106 regulations or the achps guidance, the section 106 regulations and achp guidance will take precedence.
Please provide the name, mailing address, telephone number, and email address of the contact person to whom questions may be directed. Section 106 regulations to meet the increasingly complex challenges of project planning in the 21st century. Fhwa, odot, achp, and the ohio state historic preservation office shpo have executed a section 106. The regulations of the achp 38 cfr 800, which can be downloaded here provide for the use of alternate. Section 106 archaeology guidance achp, 2009 department of. On july 6, 2004, the advisory council on historic preservation achp published revised regulations implementing section 106 of the national historic preservation act.
The achp does not routinely participate in section 106 consultation for individual projects, but the achp has the right to do so and can submit comments at any time. The regulations implementing section 106 of the nhpa, at 36 cfr part 800, are not affected by this recodification, so you can continue referencing those regulations as you have before. Nrc048 nepa and nhpa, a handbook for integrating nepa. Section 106 requires federal agencies to take into account the effects of their undertakings on historic properties and to provide the advisory council on historic preservation achp with a reasonable opportunity to comment. They are articles 8, 11, 12, 15, 16, 18, 25, 31, and 38. Section 106 of the national historic preservation act requires federal agencies to take into account the effects of their undertakings on historic. Historic preservation law in appalachia and the potential benefits of historic preservation for rural communities, 110 w. Work with partners such as the national trust to improve outreach to preservation audiences and the public, in order to increase understanding of section 106 as a preservation tool and to publicize successful section 106 outcomes. Section 106 of the nhpa requires federal agencies to consider the effects on historic properties of their actions or undertakings, and the actions they fund, permit, or license. The achp will implement these measures consistent with.
The achp has published regulations that guide federal agencies and other participants in the. It is not necessary to have all the concurring parties sign before the document goes to the achp. Upon receipt, applications and attachments become the property of. The revised regulations, published as 36 cfr part 800, protection of historic properties federal register volume 69, number 128, took effect on august 5, 2004. Dot is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a. Section 110federal preservation institutenational park.
Achp guidance on section 106 agreement documents hud exchange. Section 106 is discussed more fully in the next section, consultation with indian tribes under section 106 of nhpa. Achp if participating in section 106 process, and signature is needed on the moa. The achp intends to continue referring to section 106 of the nhpa as section 106 since that refers to the section in. Section 106 handbook federal aviation administration.
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