Why is the Section 106 process used? What law does it come from?
The Section 106 process comes from the National Preservation Act of 1966. This law created organizations and transparent procedures for historic preservation in the country- including Section 106.
Depending what is found at the beginning of the process determines how long the process takes. When in contact with parties, there is a thirty-day review period for all parties.
What organizations are involved with the Section 106 process?
The federal/state/local organization(s) that triggered the review, State/Tribal Historic Preservation Offices, the Advisory Council on Historic Preservation, National Park Service, Local Governments, Tribal Governments, and additional parties can all be involved in the Section 106 process.
If your organization is an additional consulting party or otherwise involved in the Section 106 process, you will receive updates for review at every process.
Who gets to be an additional consulting party? How can my organization become an additional consulting party?
An additional consulting party is a party that has been determined to have an interest in the properties involved in the Section 106 process. To become an additional consulting party, you can reach out to the federal organization involved in the process.
What happens if there are no adverse effects found?
If no adverse effects are found, then Section 106 will not be applied to the project and no further review will happen. Therefore, the project can carry on without needing to consider Section 106.
What if the historic properties found in the area of potential effect have not been previously documented?
If the historic properties found in the area of potential effect have not been documented, Section 106 does require that documentation is taken of the affected properties. This coincides with the law that states an area of potential effect is “supported by sufficient documentation to enable any reviewing parties to understand its basis.”
What kind of decisions can be reached at the end of the Section 106 process?
At the end of the Section 106 process, the final step is for the agency and consulting parties to reach a resolution. Two formal, and legally binding decisions can be in the form of a Memorandum of Agreement (MOA) or a Programmatic Agreement (PA). An MOA is a document stating “the agreed upon resolution for a specific undertaking with a defined beginning and conclusion, where adverse effects are understood. A PA is mainly used for undertakings where the adverse effects cannot be determined in advance, for federal agency programs, routine management by an agency, or to mold the Section 106 process to better fit with decision-making. Other decisions can include a substitution of NEPA’s review process and consultation protocol agreements.
What happens if a decision cannot be made at the end of the Section 106 process?
If a decision was not made at the end of the Section 106 process, the federal agency involved must receive advisory comments from the Advisory Council of Historic Preservation. The federal agency will then consider these comments in the making of a final decision about whether or not the project will continue.
Why is fifty years the standard for historic places? Does it have to be fifty years?
The 50-year standard is put in place to provide a historical perspective on the site to ensure that the location can be considered historic. For a building to be placed on the National Register it does have to be 50 years or older.
Why would I list a property on the National Register of Historic Places?
Listing a property on the National Register provides documentation of the location and its significance, while also providing a sense of pride for its surrounding community.
Does the National Register of Historic Places help with the Section 106 process?
The National Register affects section 106 by being the baseline to decide whether the site in question can be considered historic, with historic properties being defined as buildings on the National Register or that qualify for the National Register.
How do I get my building/park/property/etc on the National Register of Historic Places?
To get a property listed on the National Register, start by contacting your state preservation agency and learning about the nomination process, a guide to getting a property listed can be found here:
Section 106