Home Historic Preservation Programs & Officers Federal Multiagency: National Contingency Plan Introduction Questions & Answers

1. Does Section 106 of the National Historic Preservation Act apply to emergency responses to spills of hazardous substances and oil?

Section 106 of the National Historic Preservation Act requires Federal agencies to consider the effect on historic properties before a Federal or federally assisted undertaking. The NRT Committee was charged with deciding if and how Section 106 should be followed, not whether Section 106 is a legal requirement. Both the Committee members and the NRT agreed that it is important to protect historic properties during emergency response and that the OSC, as the Federal official most intimately involved in emergency response, should therefore consider the impact of emergency response on historic properties.

2. Why a programmatic agreement? Since protecting the Nation's cultural resources is only common sense, why do we need a programmatic agreement?

Although almost everyone agrees that protecting historic properties is important, understanding how to do so is not that simple, especially during emergency response to a release or spill. The Advisory Council on Historic Preservation has promulgated extensive regulations on Section 106. Professionals, both within and outside the Federal Government, possess expertise on historic properties. The programmatic agreement provides a road map for making an informed judgment on protecting historic properties during emergency response to a release or spill.

3. If we follow the guidelines of the PA, can we still be sued?

Anyone can be sued for anything. The regulations promulgated by the Advisory Council on Historic Preservation provide, however, that compliance with the PA will be deemed to be compliance with Section 106. That means that the Government and its employees are much less likely to be sued and much more likely to prevail if they are sued.

4. Do Section 106 and the PA mean that emergency response can be delayed or stopped entirely?

No, they do not. The OSC's first priority is protection of public health and the environment. Nothing in the PA changes that. Neither the PA nor Section 106, moreover, are designed to stop an emergency response. Rather they require that the potential effects of undertakings on historic structures be considered.

5. Can I get help in complying with the PA?

Yes. The PA details a host of Federal, State and private parties who will help the OSC. These include professionals in the National Program Center of the National Park Service, State Historic Preservation Officers (SHPOs) and historic property experts. (SHPOs are appointed by the Governor of each State as part of the States' participation in National Historic Preservation Act programs. They are the primary source of information on historic properties on non-Federal lands.) The key to considering potential effects on historic structures is pre-incident planning, so that expertise is available when the OSC actually requires assistance. After an environmental emergency arises funding will be available from the Superfund or the Oil Spill Liability Trust Fund to pay for assistance to the OSC. All of this is detailed in the PA.

6. What are the Advisory Council on Historic Preservation and the National Conference of Historic Preservation Officers and what do I do to obtain their assistance?

Both the Advisory Council on Historic Preservation and the National Conference of State Historic Preservation Officers are signatories to the programmatic agreement. ACHP is the Federal ACHP responsible for administering the National Historic Preservation Act. The National Conference of State Historic Preservation Officers is the national organization of SHPOs which signed the programmatic agreement on behalf of individual SHPOs. Both ACHP and the National Conference will provide general assistance to the OSC as well as help in the event the OSC is unable to enlist the participation of the SHPO.

Updated April 26, 2002

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