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 has a two-page checklist that identifies the information that should be submitted to us for reviews of undertakings pursuant to Section 106, as well as a longer, explanatory version of the same checklist. These checklists are intended as tools for use by entities consulting with the office--they should not be submitted with your request for consultation.
State programs and projects are reviewed pursuant to Sections 5024 and 5024.5 of the California Public Resources Code. Additionally, Section 5024 requires consultation with OHP when a project may impact historical resources located on State-owned land.
OHP also reviews and comments on a select number of projects pursuant to the California Environmental Quality Act (CEQA) . CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing in the California Register of Historical Resources.
Many local governments throughout California have ordinances that require the review of projects at the local level that may adversely impact historical resources. For information on these types of programs, contact the local government with jurisdiction over the resource in question.
For California State Agencies: Consultation Under PRC 5024 and 5024.5
The California State Legislature enacted Public Resources Code (PRC) § 5024 and 5024.5 as part of a larger effort to establish a state program to preserve historical resources. These sections of the code require state agencies to take a number of actions to ensure preservation of state-owned historical resources under their jurisdictions. These actions include evaluating resources for National Register of Historic Places (National Register) eligibility and California Historical Landmark (California Landmark) eligibility; maintaining an inventory of eligible and listed resources; and managing these historical resources so that that they will retain their historic characteristics.
The Office of Historic Preservation has created an informational document with recommendations to assist state agencies in complying with the requirements of Public Resources Code § 5024 and 5024.5 and understanding the expectations of the State Historic Preservation Officer (SHPO) regarding consultation on state projects that may affect historical resources. Ideally, this guidance will help minimize time and effort spent preparing submittals to the SHPO. Consultation documents that do not meet the guidance detailed in this document may generate inquiries for further information, delaying conclusion of the consultation.
AMERICAN RECOVERY and REINVESTMENT ACT OF 2009 and SECTION 106 REVIEWS
The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17, 2009. Many of the projects funded through the Recovery Act have the potential to support the preservation and productive use of historic properties.
Recovery Act Projects, like all 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) 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, permittees, licensees, or grantees) to initiate consultation with the State Historic Preservation Officer (SHPO) as part of the Section 106 review process. SHPO consultations should be initiated early in the project planning process, BEFORE the project is begun.
The FCC & Section 106 Review
Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires the Federal Communications Commission (FCC) to take into account the effects of its proposed undertakings on historic properties. These undertakings typically include projects, activities, or programs that require a permit, a license, or approval from the FCC. The regulations that implement Section 106 (36 CFR Part 800) require the FCC to consult with the State Historic Preservation Officer (SHPO).
The 2004 Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (Nationwide PA) streamlines the Section 106 review of FCC actions that are not exempt under the 2001 Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (Collocation PA).
As part of the Nationwide PA, applicants are required to use FCC Form 620 NT or FCC Form 621 CT. At this time we are not accepting FCC E-106 forms.
All Forms 620/621 must be accompanied by the OHP FCC Submission Cover Sheet. Project submissions that do not include this cover sheet will not by reviewed. If you have any questions regarding the cover sheet, please e-mail email@example.com.
FAQs - FCC Nationwide PA and the Learning Interactive Unit: Nationwide Programmatic Agreement are provided to help FCC applicants and their consultants develop effective historic preservation solutions as they comply with Section 106.