Section 106 - Federal Agency Compliance
The OHP is charged with ensuring that projects and programs carried out or sponsored by federal and state agencies comply with federal and state historic preservation laws and that projects are planned in ways that avoid or minimize adverse effects to heritage resources. OHP reviews and comments on several thousand projects annually.
Federal and federally-sponsored programs and projects are reviewed pursuant to Sections 106 and 110 of the National Historic Preservation Act. Section 106 of the National Historic Preservation Act (NHPA), as amended, requires federal agencies to consider the effects of proposed federal undertakings on historic properties. NHPA’s implementing regulations found in 36 CFR Part 800, require federal agencies (and their designees, permitees, licensees, or grantees) to initiate consultation with the State Historic Preservation Officer (SHPO) as part of the Section 106 review process.
The OHP offers a Section 106 Submission Checklist that identifies the information that should be submitted to us for review of undertakings pursuant to Section 106. The Section 106 Submission Checklist is available in two versions:
The two-page version of the checklist provides a succinct listing of all required information, with minimal explanation.
The annotated version of the checklist is longer and provides detailed explanations of required information.
These checklists are intended as tools for entities consulting with our office – they should not be submitted with your request for consultation.
Consultation with the SHPO
Submissions for consultation under Section 106 must be submitted to the Office of Historic Preservation in hard copy. Federal agencies (and those designated to consult on behalf of these agencies) are strongly encouraged to submit 106 consultation request packages by certified mail or some other track-able mail option. Following up with the OHP after a submittal has been received by us is also suggested in order to ensure the submission was received and assigned to a staff member.
Upon receipt of a submittal, OHP reviewers look for the information suggested in the checklist we’ve provided and will respond within 30 days. If any required information is not included in the submittal, the assigned OHP reviewer will contact the agency (or applicant) and request this information. The 30-day review clock resets each time OHP makes a request for additional information.
Should it be determined that the project may have an adverse effect to any historic property, the Advisory Council for Historic Preservation is notified by the agency and negotiations begin to find ways to avoid, minimize, and/or mitigate the adverse effects to the historic property (36 CFR Part 800.6). These measures are memorialized between the appropriate parties (e.g., the federal agency, the SHPO, the Advisory Council, and others) in either a Memorandum of Agreement or a Programmatic Agreement. Such agreements are initially drafted by the agency (or the applicant in some cases) and reviewed and responded to by the SHPO, and the Advisory Council if the Council decides to participate in the document. There is no time limit for the preparation of an agreement document; however, OHP reviewers make every attempt to respond to draft agreements within 30 days of their receipt.
Section 106 Review - Helpful Links
Advisory Council on Historic Preservation (ACHP)
ACHP Section 106 Tool Kit
National Park Service (NPS)