Breaking Down Section 106

What is Section 106?

Section 106, a clause included in the National Historic Preservation Act (NHPA) of 1966 (as amended), requires federal agencies to examine the effects their projects have on significant historic properties. These historic properties include buildings, sites, districts, structures, and objects that are in the National Register of Historic Places (NRHP) or determined eligible for NRHP listing. Federal agencies must also give the Advisory Council on Historic Preservation (ACHP) a reasonable amount of time to comment on the project, activity, or program. Section 106 aims at balancing historic preservation concerns and federal undertakings by encouraging public participation.

How does Section 106 work?

If a federal agency’s proposed project has the potential to impact historic properties, it is required to start the Section 106 review process. The agency’s preservation officer or its designee* works with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) to gather necessary background information on the project area.  Together, they determine which historic properties are present and proceed with plans to examine possible adverse effects on the historic properties. Where adverse effects will occur, the federal agency, historic preservation office, and other consulting parties revise the project in order to avoid, minimize, or mitigate those effects.

* Often, federal agency responsibilities are delegated to state or local agencies. For example, the Federal Highway Administration (FHWA) delegates its Section 106 review to the Minnesota Department of Transportation (MnDOT).

Why is Section 106 important?

Section 106 is an essential tool in historic preservation advocacy. The public obtains the unique opportunity to influence how federal involvement affects historic properties by participating in consultation. Consulting Parties” can be local governments, historical societies, heritage preservation commissions, affected property owners, and other non-profit organizations and community groups with a demonstrated interest in the project.  Through Section 106 consultation, concerned parties can share views, ideas, possible solutions, and even review important documents provided by the federal agency. Consultation encourages all parties to work together in hope of reaching a consensus on how to proceed with the project.

For a more detailed description of Section 106, and how to become involved, visit the ACHP’s Citizen’s Guide to Section 106.

A more detailed description of the Section 106 review, issued by the ACHP, appears in the U.S. Code of Federal Regulations at 36 CFR Part 800.

Breaking down Section 106

What is Section 106?

Section 106, a clause included in the National Historic Preservation Act (NHPA) of 1966 (as amended), requires federal agencies to examine the effects their projects have on significant historic properties. These historic properties include buildings, sites, districts, structures, and objects that are in the National Register of Historic Places (NRHP) or determined eligible for NRHP listing. Federal agencies must also give the Advisory Council on Historic Preservation (ACHP) a reasonable amount of time to comment on the project, activity, or program. Section 106 aims at balancing historic preservation concerns and federal undertakings by encouraging public participation.

How does Section 106 work?

If a federal agency’s proposed project has the potential to impact historic properties, it is required to start the Section 106 review process. The agency’s preservation officer or its designee* works with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) to gather necessary background information on the project area. Together, they determine which historic properties are present and proceed with plans to examine possible adverse effects on the historic properties. Where adverse effects will occur, the federal agency, historic preservation office, and other consulting parties revise the project in order to avoid, minimize, or mitigate those effects.

* Often, federal agency responsibilities are delegated to state or local agencies. For example, the Federal Highway Administration (FHWA) delegates its Section 106 review to the Minnesota Department of Transportation (MnDOT).

Why is Section 106 important?

Section 106 is an essential tool in historic preservation advocacy. The public obtains the unique opportunity to influence how federal involvement affects historic properties by participating in consultation. Consulting Parties” can be local governments, historical societies, heritage preservation commissions, affected property owners, and other non-profit organizations and community groups with a demonstrated interest in the project. Through Section 106 consultation, concerned parties can share views, ideas, possible solutions, and even review important documents provided by the federal agency. Consultation encourages all parties to work together in hope of reaching a consensus on how to proceed with the project.

For a more detailed description of Section 106, and how to become involved, visit the ACHP’s Citizen’s Guide to Section 106

Breaking down Section 106

What is Section 106?

Section 106, a clause included in the National Historic Preservation Act (NHPA) of 1966 (as amended), requires federal agencies to examine the effects their projects have on significant historic properties. These historic properties include buildings, sites, districts, structures, and objects that are in the National Register of Historic Places (NRHP) or determined eligible for NRHP listing. Federal agencies must also give the Advisory Council on Historic Preservation (ACHP) a reasonable amount of time to comment on the project, activity, or program. Section 106 aims at balancing historic preservation concerns and federal undertakings by encouraging public participation.

How does Section 106 work?

If a federal agency’s proposed project has the potential to impact historic properties, it is required to start the Section 106 review process. The agency’s preservation officer or its designee* works with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) to gather necessary background information on the project area.  Together, they determine which historic properties are present and proceed with plans to examine possible adverse effects on the historic properties. Where adverse effects will occur, the federal agency, historic preservation office, and other consulting parties revise the project in order to avoid, minimize, or mitigate those effects.

 

* Often, federal agency responsibilities are delegated to state or local agencies. For example, the Federal Highway Administration (FHWA) delegates its Section 106 review to the Minnesota Department of Transportation (MnDOT).

Why is Section 106 important?

Section 106 is an essential tool in historic preservation advocacy. The public obtains the unique opportunity to influence how federal involvement affects historic properties by participating in consultation. Consulting Parties” can be local governments, historical societies, heritage preservation commissions, affected property owners, and other non-profit organizations and community groups with a demonstrated interest in the project.  Through Section 106 consultation, concerned parties can share views, ideas, possible solutions, and even review important documents provided by the federal agency. Consultation encourages all parties to work together in hope of reaching a consensus on how to proceed with the project.

 

 

 

 

 

For a more detailed description of Section 106, and how to become involved, visit the ACHP’s Citizen’s Guide to Section 106.

A more detailed description of the Section 106 review, issued by the ACHP, appears in the U.S. Code of Federal Regulations at 36 CFR Part 800.

.

A more detailed description of the Section 106 review, issued by the ACHP, appears in the U.S. Code of Federal Regulations at 36 CFR Part 800.