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The following digital library section contains great introductory information and general resources for the Section 106 Process.
  1. Publication
    Description of the publication.
  2. Publication
    By law, U.S. citizens have a voice when federal actions will affect properties that qualify for the National Register of Historic Places, the nation's official list of historic properties. Protecting Historic Properties: A Citizen's Guide to Section 106 Review is designed to help citizens make their voices heard.
  3. Publication
    Las reglamentaciones dictadas por el ACHP describen el proceso de revisión según la Sección 106 y especifican las acciones que las agencias federales deben tomar para cumplir con sus obligaciones legales.
  4. Guidance Document
    This guidance is designed to assist federal agencies in making management decisions about archaeological resources in completing the Section 106 review process.
  5. Guidance Document
    The ACHP offers this handbook as a reference for federal agency staff responsible for compliance with Section 106. Tribal Historic Preservation Officers (THPOs) and tribal cultural resource managers may also find this handbook helpful.

Section 106

Section 106 Review must take place in conjunction with National Environmental Protection Act (NEPA) Reviews. There are other environmental considerations throughout the review process.
  1. Publication
    Description of the publication.
  2. Publication
    By law, U.S. citizens have a voice when federal actions will affect properties that qualify for the National Register of Historic Places, the nation's official list of historic properties. Protecting Historic Properties: A Citizen's Guide to Section 106 Review is designed to help citizens make their voices heard.
  3. Publication
    Las reglamentaciones dictadas por el ACHP describen el proceso de revisión según la Sección 106 y especifican las acciones que las agencias federales deben tomar para cumplir con sus obligaciones legales.
  4. Guidance Document
    This guidance is designed to assist federal agencies in making management decisions about archaeological resources in completing the Section 106 review process.
  5. Regulation
    Section 106 Regulation Text. (incorporates amendments effective Aug. 5, 2004)

Indian Tribes & Native Hawaiians

Section 106 Review must take place in conjunction with National Environmental Protection Act (NEPA) Reviews. There are other environmental considerations throughout the review process.
  1. Publication
    Description of the publication.
  2. Publication
    The Office of Native American Affairs (ONAA) works with federal agencies, Indian tribes, and Native Hawaiian organizations to address critical consultation issues.
  3. Public Resources
    The ACHP has developed a set of recommendations for federal agencies, Indian tribes, and other Section 106 participants to address their issues and challenges.
  4. Public Resources
    The 1992 amendments to the National Historic Preservation Act recognized and expanded the role of Indian tribes and Native Hawaiian organizations in the national preservation program. In response to these changes, the Advisory Council on Historic Preservation (ACHP) revised its regulations to clarify their role in the Section 106 process.
  5. Public Resources
    A federal agency is allowed, in some circumstances, to delegate to its applicants the responsibility to initiate consultation pursuant to the regulations that implement Section 106 of the National Historic Preservation Act (NHPA), “Protection of Historic Properties” (36 CFR Part 800). The provision in Section 800.2(c)(4) of the regulations has been used frequently by federal agencies such as the Federal Communications Commission, the Surface Transportation Board, and the Department of Health and Human Services. Although federal agencies can delegate this responsibility without the involvement of the Advisory Council on Historic Preservation (ACHP), inquiries are often made about the applicability of this authority regarding consultation with Indian tribes. This guidance clarifies the restrictions on the use of this provision regarding Section 106 consultation with Indian tribes

Energy and Transmission

Section 106 Review must take place in conjunction with National Environmental Protection Act (NEPA) Reviews. There are other environmental considerations throughout the review process.
  1. Public Resources
    The Advisory Council on Historic Preservation (ACHP) frequently receives inquiries regarding the applicability of reviews conducted in accordance with Section 106 of the National Historic Preservation Act (NHPA) to shale gas development projects. Given that much of the nation’s shale gas development occurs on private property and is carried out by private developers, there remains some confusion as to whether and when federal permits, approvals, or licenses that may invoke Section 106 review are required for these activities. Recognizing the public interest in the potential for shale gas development to affect historic properties, the ACHP has prepared this primer to assist stakeholders and the public in understanding when opportunities for participating in the Section 106 review of such activities may exist
  2. Public Resources
    These recommendations regarding energy resources will be useful to consider for future cases involving energy and historic preservation.

Archaeology

Section 106 Review must take place in conjunction with National Environmental Protection Act (NEPA) Reviews. There are other environmental considerations throughout the review process.
  1. Guidance Document
    This guidance is designed to assist federal agencies in making management decisions about archaeological resources in completing the Section 106 review process.
  2. Public Resources
    This task force was established to identify archaeological issues that should receive priority consideration and action by the ACHP.
  3. Public Resources
    In accordance with Secs. 800.5 and 800.6 of its revised regulations (36 CFR part 800, "Protection of Historic Properties," published [May 18, 1999]) implementing Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Preservation is publishing a recommended approach for consultation by Federal agencies, State Historic Preservation Officers, Tribal Historic Preservation Officers, and others on the effects of Federal, federally assisted, and federally licensed or -permitted undertakings on archeological sites. ACHP has determined that issuance of this guidance is consistent with ACHP's revised regulations. The full text of the guidance is reproduced under the Supplementary Information section of this notice.