Section 106 (National Historic Preservation Act)

16 U.S.C. 470

Section 106 of the National Historic Preservation Act (16 U.S.C. 470f)

 “The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register.  The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.”

More commonly known simply as “Section 106,” this legislation essentially states that any project using Federal funds or requiring a Federal license must be reviewed to determine if cultural resources listed on or eligible for the National Register of Historical Places are present.

Section 106 also states that the Advisory Council on Historic Preservation must be allowed to comment on the project’s potential effects on historic properties. Typically, the consultation extends to the State Historic Preservation Offices and/or Tribal Historical Preservation Offices who act on behalf of the Advisory Council, Native American Communities, agencies, industry, and members of the public.

The procedures one should follow to comply with this law are detailed in

The following and flowchart and description provide basic information about the overall purpose of Section 106, and the compliance procedures set forth by 36 CFR 800 of the National Historic Preservation Act. For more information on the National Historic Preservation Act and Section 106, please see http://www.achp.gov/work106.html.