Federal Review & Compliance
Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment.
The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP. Revised regulations, “Protection of Historic Properties” (36 CFR Part 800), became effective August 5, 2004, and are summarized below.
NHPA Section 106
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.
A historic property is any property that is included in, or eligible for inclusion in, the National Register of Historic Places (National Register). National Register-listed or -eligible properties fall into five (5) broad categories:
- Buildings: constructions designed principally to shelter human activity, including houses, barns, commercial buildings, government buildings, etc.
- Structures: functional constructions not principally designed for human shelter, including bridges, canals, lighthouses, dams, boats, aircrafts, etc.
- Sites: Locations of significant events, or prehistoric or historic occupation or activity, including ceremonial sites, battlefields, shipwrecks, trails, designed landscapes, archaeological remains of habitation sites, natural features having cultural significance, etc.
- Objects: Constructions that are relatively small in scale, frequently artistic in nature, and associated with a specific setting or environment. They are not museum objects, but include sculptures, monuments, fountains, boundary markers, etc.
- Districts: A concentration or continuity of sites, buildings, structures, or objects that are united by their history or aesthetics. The identity of a district results from the interrelationship of its resources. Frequently encountered districts include residential areas, commercial areas, transportation networks, large farms, rural villages, groupings of habitation sites or ceremonial sites.
Historic properties also include artifacts, records, and remains related to and located within such properties, and properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization.