NHPA Section 106

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What Is It?

"The Section 106 process seeks to accommodate historic preservation concerns with the needs of Federal undertakings through consultation." It is the responsibility of federal agencies, not just land-managing or funding agencies. It applies to ALL federal undertakings, not just those on federal land or those who spend federal monies. It does not necessarily lead to the preservation of historic properties.

Prior to any funding, approval or carrying out of an undertaking, a Federal agency must, in consultation with other parties:

  • Identify historic places that might be affected, including historic buildings, districts, archaeological sites, and traditional cultural places.
  • Determine whether any of aformentioned historic places are "historic properties," and as such eligible for the National Register of Historic Places.
  • Determine whether any of the historic properties will be "adversely affected." Will anything happen that alters the qualities making the eligible for the Federal Register? If there are adverse effects, the agency must:
  • Identify measures to avoid, minimize, or mitigate thost effects or "resolve" the adverse effects.

Section 106 Details

  • When Does it Apply?
  • What is an Undertaking?

    • A project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of the Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval.

  • What does "consultation" mean?

    • The process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding matters arising in teh section 106 process.

  • What are "adverse effects"?

    • If the project will diminish any of the following:

    • location
    • integrity
    • design
    • setting
    • materials
    • workmanship
    • feeling
    • association

      • through physical destruction or damage; through inappropriate alterations; by removing it from its historic setting; by changing its use or setting if they are a significant part of its historic value, by creating visual, atmospheric or audible intrusions; by demolishing it through neglect or by the unrestricted transfer from federal ownership then you have adverse effects and the project must be mitigated for a resolution.

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