[Preservation Tips & Tools] The Basics of Section 106 Review
If you take pride in your local heritage and love all the quirks that make your community special, chances are good that you’d be willing to protect it if it suddenly came under threat. So, you should know about Section 106 -- a viable tool to help preservation efforts -- and how you can use it to save a place that matters to you. http://blog.preservationnation.org
Published on: Mar 4, 2016
Transcripts - [Preservation Tips & Tools] The Basics of Section 106 Review
What You Should Know About…
THE BASICS OF
SECTION 106 REVIEW
What is Section 106?
Section 106 of the National Historic Preservation Act of 1966 (NHPA)
ensures that federal agencies take preservation values into consideration
when they propose a project that may affect historic properties. There’s
some basic but crucial information to know when it comes to understanding
Section 106, so let’s start with the parties involved in the process.
Section 106 applies only to agencies affiliated with the federal government.
The Advisory Council on Historic
This independent federal agency oversees the review process and
steps in when there is conflict or when otherwise deemed necessary.
SHPOs, THPOs, NHOs
Federal agencies must consult with these government appointed officials and
their staff during the review process in order to assess the possible or
apparent adverse effects the project may create.
The public -- and you
Given that this review process was created for the benefit of the
public, you are perhaps the most important party involved. Section
106 is our opportunity to receive all of the information about the
project, voice our concerns, and make a difference.
What is the process of
Section 106 review?
The Section 106 review process involves a lot of detailed steps, and it’s vital
to understand those details if you wish to influence the outcome of a
potentially harmful federal project. We’ve broken down the process for you
into five easy-to-understand steps.
1. Initiate 106.
It is the duty of federal agencies to
begin the Section 106 review process.
To do so, they must identify if their
proposed project will affect any historic
properties. During this step, they must
also identify the SHPO/THPO/NHO
with whom they are going to consult.
2. Identify historic properties.
During this step of the review, federal agencies and their consulting
parties must identify both listed and non-listed historic properties that
their project will affect. Conflict can sometimes arise during this stage
due to the classification process of non-listed properties.
3. Assess adverse effects.
Adverse effects are the alterations of a building or site that would
damage its integrity and/or character due to the project. If the
consulting parties determine that the project would have adverse
effects, they must begin to explore ways to prevent, minimize, or
4. Resolve adverse effects.
This step usually results in the negotiation of a Memorandum of
Agreement (MOA) among the consulting parties. This agreement
outlines the measures the federal agency must take in order to
prevent, minimize, or mitigate the adverse effects.
5. Implement the project.
If an MOA is reached, the project will proceed as agreed upon. If the
consulting parties cannot come to an agreement, the ACHP will step
in to review the case and give their comments, which the federal
agencies must consider.
Look for part 2!
Where’s the public in all of this, you might be wondering? Look for part two
coming next week, where we will share tips on how you can get involved in
a Section 106 review.
The National Trust for Historic Preservation works to save America’s
historic places. Preservation Tips & Tools helps others do the same
in their own communities.
For more information, visit blog.preservationnation.org.
Photos courtesy: Penn State, Flickr; Sarah Ross,
Flickr; Eric Allix Rogers, Flickr; Tony Webster,
Flickr, U.S. Government, Wikimedia; Michigan
Historic Preservation Office, Flickr; Baltimore
Heritage, Flickr; Antonio R Villiaraigosa, Flickr; NC
in DC, Flickr; Wonderlane, Flickr; Reynermedia,
Flickr; Daniel Oines, Flickr.