SECTION 106 REGULATORY REVIEW

Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies to consider the effects of Federally funded projects on historic properties. Commonly known as Section 106, Regulatory Review, or Environmental Review, the process has three main goals:

1. Identify historic and prehistoric properties eligible for or listed in the National Register of Historic Places

2. Assess the effects of the undertaking on those properties

3. Seek ways to avoid, minimize, or mitigate any adverse effects on historic properties

Section 106 of the NHPA is administered by the Advisory Council on Historic Preservation (ACHP).

FEDERAL AGENCY RESPONSIBILITIES

It is the federal agency’s responsibility to initiate consultation with the State Historic Preservation Office (SHPO) and to fulfill the requirements of Section 106. The SHPO is housed at the Alabama Historical Commission. We encourage agencies to contact us early in the project planning process, so comments can be incorporated saving time and money.

A federal undertaking can encompass a broad range of activities, including

  • action by the federal agency itself
  • granting of funds from a federal agency
  • permit approval by a federal agency

Examples of federal activities include

  • construction
  • building rehabilitation and repair projects
  • demolition of structures
  • licenses
  • permits
  • loans and loan guarantees
  • grants
  • federal property transfers

Whenever one of these activities has the potential to affect historic or archaeological properties, a Section 106 review must be completed before any project activities take place.

ALABAMA HISTORICAL COMMISSION'S ROLE IN SECTION 106

As the State Historic Preservation Office, the Alabama Historical Commission has two main roles in the Section 106 process. First, we help federal agencies and their clients understand and follow the regulations governing Section 106. Second, we advise federal agencies and their clients to help ensure we have adequately identified and appropriately treated historic properties that may be affected by their projects.

APPLICANT'S ROLE

Because many federal agencies require the applicant or developer to assist in the environmental review process, you may be responsible for submitting information to the SHPO. If that is the case, you may find it helpful to reference the Section 106 Applicant Toolkit, which provides an overview of the steps in the review process and gives tips on how to be effective in your role as the applicant.

If the Federal agency has instructed you to get a letter from our office, please click here for step-by-step instructions.

Are you a cultural resources consultant? Click here for more information