National Historic Preservation Act - Section 106
Section 106 of the National Historic Preservation Act (NHPA) requires that federal agencies consider the effects of undertakings on historic properties and that they provide a reasonable opportunity to comment.
Under Section 106, an “undertaking” refers to a “project, activity, or program … requiring a Federal permit, license or approval.”
Section 106 defines a “historic property” as any “prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in the National Register of Historic Places” (NRHP). The term “historic property” also includes “artifacts, records and remains that are related to and located within such properties.” “Properties of traditional religious and cultural importance to an Indian tribe” that meet NRHP criteria are also considered historic properties.
36 CFR Part 800, the implementing regulation for Section 106, sets forth a four-step process for complying with Section 106.
- Initiate consultation
- Identify properties that may be affected by the proposed undertaking and determine if they qualify as historic properties
- If historic properties may be affected, determine if the proposed undertaking will have an effect on them; and
- If those effects are adverse, resolve them avoiding minimizing, or mitigating those effects
For more information, regarding the Section 106 process, please refer to the Advisory Council on Historic Preservation’s Citizen’s Guide to Section 106 Review