NHPA SECTION 106 Consultation


Section 106 of the National Historical Preservation Act (NHPA) of 1966 (16 U.S.C. §§ 470-470mm (2000).) and it’s implementing regulations, "Protection of Historic Properties" (36 CFR Part 800) describe the procedural obligations of federal agencies to determine the effect of their undertaking on properties eligible for or listed in the National Register of Historic Places.  A Federal agency undertaking is defined as any “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 a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval.” 36 C.F.R. § 800.16(y) (2004).  Section 106 encourages Federal agencies to consult with other participants in the Section 106 process in the early stages of project planning to identify an undertaking’s effects and find ways to minimize, mitigate, or avoid adverse effects on historic properties.  For Section 106 consultation ADR assistance, contact ADR office via email.