Agencies and Section 106
| Streamlining the Section 106 Process | Back
to "About SHPOS"
Section 106 of the National Historic Preservation
Act (NHPA) grants legal status to historic preservation in Federal planning,
decisionmaking, and project execution.
Section 106 applies when two thresholds are met: 1)
there is a Federal or federally licensed action, including grants, licenses,
and permits; and 2) that action has the potential to affect properties listed
in or eligible for listing in the National Register of Historic Places.
Section 106 requires all Federal agencies to take
into account the effects of their actions on historic properties. The responsible
Federal agency must consult with appropriate State and local officials,
Indian tribes, applicants for Federal assistance, and members of the public
and consider their views and concerns about historic preservation issues
when making final project decisions.
Effects are resolved by mutual agreement, usually
among the affected State's State Historic Preservation Officer (SHPO) or
the Tribal Historic Preservation Officer (THPO), the Federal agency, and
any other involved parties. The ACHP may participate in controversial or
For more information on working with Section 106,
visit the ACHP's website by clicking here.
the Section 106 Review Process
Since the 1979, federal agencies have had the option
of devising alternate procedures for implementing Section 106. The 1979
Advisory Council on Historic Preservation (ACHP) regulations defined two
options: counterpart regulations and Programmatic Agreement (PAs).
Agencies have tended to tailor the Section 106 process
to their needs through agency-wide Programmatic Agreements. Section 800.14
of the current regulations illustrate several scenarios where agencies might
pursue Section 106 responsibilities through a PA. A number of agencies have
executed PAs with the ACHP and the NCSHPO that address a wide range of programs
More recently, the ACHP has expanded upon the concept
of program alternatives in its 2004 revised regulations. The regulations
promote alternative procedures, rather than focusing on counterpart regulations.
The intent of this was to remove the impediment of requiring formal regulations
to substitute for the standard Section 106 process.
Currently, the NCSHPO is working with several federal
agencies to revise the existing PAs. These include: