Section 106 Quick Guide
What is Section 106?
Section 106 is the portion of the National Historic Preservation Act of 1966 (16 U.S.C 470f) that is concerned with Federal undertakings.What is a Federal undertaking?
A Federal undertaking is a project, activity, or program either funded, permitted, licensed, or approved by a Federal Agency. Undertakings may take place either on or off federally controlled property and include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106.What does Section 106 require?
Section 106 requires Federal agencies to take into account the effects of their undertakings on historic properties and to provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment. In addition, Federal agencies are required to consult on the Section 106 process with State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), Indian Tribes, and Native Hawaiian Organizations.What are historic properties?
Historic properties are any prehistoric or historic districts (to include landscapes), sites, buildings, structures, or objects that are eligible for or already listed in the National Register of Historic Places. Also included are any artifacts, records, and remains (surface or subsurface) that are related to and located within historic properties and any properties of traditional religious and cultural importance to Indian tribes or Native Hawaiian Organizations.What about battlefields?
Battlefields are historic properties (landscapes) upon which a battle was fought. The ABPP defines a battle as "armed conflict, fighting, or warfare that occurred between two opposing military organizations or forces recognized as such by their respective cultures (not civil unrest)."What if an historic property is not listed in or has not been previously determined eligible for the National Register of Historic Places (NRHP)?
If an historic property is not listed in or has not previously been determined eligible for the NRHP then, as part of the Section 106 process, it should be evaluated by the Federal agency in consultation with the SHPO, THPO, Tribe, or NHO to determine if it meets NRHP eligibility. Steps for determining eligibility can be found in National Register Bulletin 40: Guidelines for Identifying, Evaluating, and Registering America's Historic Battlefields.
If there are questions about the eligibility of a battlefield, the Federal agency may seek a formal Determination of Eligibility (DOE) from the Keeper of the National Register (see 36 CFR 63). The Keeper will then determine if the battlefield is eligible for listing in the National Register of Historic Places.What regulations govern the Section 106 process?
36 CFR 800 (Protection of Historic Properties) governs the Section 106 process and outlines how Federal agencies are to consult with SHPOs, THPS, Tribes, NHOs, and other interested parties, identify historic properties, determine whether and how such properties may be affected, and resolve adverse effects.
Please contact the ABPP Compliance Officer if you have questions regarding Section 106 compliance and battlefields.
- Criteria for ABPP Involvement in Section 106 Cases
- Section 106 Quick Guide
- Advisory Council on Historic Preservation
- National Register of Historic Places
- National Register Bulletin #40 - Historic Battlefields
- 16 U.S.C 470f - Effect of Federal Undertakings
- 36 CFR 800 - Protection of Historic Properties
- 36 CFR 63 - Determination of Eligibility (DOE)