The ACHP has developed this toolkit to provide information and guidance on the Section 106 process to parties who are recipients of federal licences, permits, supports, or permits, or who are applying for federal licences, permits, assistance or permits. Since many federal organizations require applicants to assist them in complying with the early stages of the section 106 process, applicants benefit from these tools and access to the resources necessary to be effective in this role. By better understanding the requirements of section 106, applicants can make informed decisions on how best to facilitate the review of section 106, avoid project delays, and improve outcomes. The toolkit provides an overview of the Article 106 process and information on the four-step process, consultation with Native American states and tribes, stakeholder engagement, and prevention of accidental activities that could harm historic properties. As part of project planning, the applicant should be aware of the procedures or PAs that the federal agency has established for disaster or emergency declarations. The Emergency section of Section 106 of the regulations, 36 CFR § 800.12(b), applies only to entities acting in response to the disaster or emergency within 30 days of the official declaration of the disaster or emergency by the competent authority or, in the case of another imminent threat to life or property, within 30 days of the occurrence of such an event. The Agency should describe all necessary federal audit requirements early in project planning with the applicant. As the party responsible for compliance with these other organizations, and because an applicant may not be familiar with these federal requirements, the federal agency should be the point of contact to coordinate these related reviews. Although compliance with one or more of these other laws does not generally replace compliance with Section 106, a federal agency is permitted to use the process and documentation required for NEPA to replace Section 106 procedures as long as the standards of 36 CFR § 800.8(c)(1) are met. NEPA requires all federal organizations to ensure that an environmental assessment is conducted when proposing a federal action.
Each federal agency develops its own NEPA bylaws to implement this review process. NEPA covers a wider range of resources than section 106; However, federal organizations should coordinate their compliance with NEPA and section 106 and review their responsibilities under section 106 as early as possible in the NEPA process. Organizations should plan for public engagement, analysis and review so that they can meet the objectives and requirements of both Acts in a timely and effective manner. Applicants should keep in mind that consultation under section 106 is different from public participation under NEPA and requires more interaction with advisory parties. Applicants should be familiar with NEPA documents and their possible use for Section 106. If a project is categorically excluded from NEPA review, a Section 106 review may still be required. Section 106 must be completed before an authority signs a decision document for NEPA (for example, a Record of Decision). The FHWA Division Office (DO) typically works with an applicant, such as a state transportation ministry, to fulfill the FHWA`s Section 106 obligations. While some of the day-to-day tasks related to section 106 compliance may be performed by an applicant, the FHWA remains responsible for ensuring that the overall objective of section 106 is met.
An Environmental Protection Specialist (EPS) within SD usually monitors compliance with Section 106 and other environmental requirements. If necessary, PSA can help facilitate discussions to resolve disputes regarding Section 106 outcomes and decisions. The FHWA also has a Federal Preservation Officer (FPO) at its headquarters in Washington, D.C., who is available to FHWA DDs on all matters related to Section 106 compliance. Rural development must complete the Section 106 process “before approving federal expenditures for the business or before granting a licence.” DR cannot commit or allocate funds until the Section 106 review is completed unless an alternative to the Section 106 program is implemented. Section 106 shall be coordinated with other applicable federal, state, and local audit requirements, as appropriate. Local administrative reviews, such as user permits, zoning, diversions, or Planning Commission reviews and approvals, may affect the section 106 review and are important to the federal agency. Since state and local audits do not require federal involvement, these reviews are typically conducted by the applicant. However, the applicant should keep the federal organization informed of these non-federal reviews, as they may be relevant to the section 106 process and the information developed to meet its requirements may be useful in complying with section 106.
Once a business has been identified, stakeholders in federal organizations must follow these four steps to meet the requirements of section 106: Tip: Paragraph 110(k) of the NHPA prohibits a federal agency from providing a loan, loan guarantee, permit, licence or other assistance to an applicant with intent to circumvent the requirements of section 106 intentionally had a material impact on a historic property in which the subsidy would relate to. or has the legal authority to prevent such a significant adverse effect prior to an examination under section 106. This provision is often referred to as the “premature demolition” section and is designed to prevent applicants from damaging a historic property prior to inspection under section 106. Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires federal agencies to consider the impact of their obligations on historic properties and give the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment. This is achieved by following the 4-step process described in 36 CFR Part 800. The purpose of the section 106 procedure is to balance heritage preservation concerns with the needs of federal works, undertakings, or businesses through consultations between the agency`s representative and other parties interested in the impact of the undertaking on historic properties at an early stage of project planning. The objective of the consultation is to identify the historic properties potentially affected by the project, assess its impact and explore ways to avoid, minimize or mitigate negative impacts on historic properties. If the project is already underway and you have questions about your organization`s eligibility for NEH grant funding, please contact the department or office listed in your program`s funding opportunity announcement. Paragraph 110(k) of the NHPA prohibits federal organizations from providing grants, licences or other assistance to applicants who knowingly, materially and adversely affect historic properties.