general nav links About ACHP
Federal, State, & Tribal Programs
Training & Education
| skip specific nav links
Home Historic Preservation Programs & Officers Federal NPS Fednote 2 on 1995 PA
The Section 106 guidance material below is based on previous regulations, but is still generally relevant when assessing a Federal undertaking's impact on historic properties.
1995 NPS Nationwide Programmatic Agreement:
Simultaneous Review of NPS Plans and Section 106 Compliance for Component Undertakings
Note: This programmatic agreement went into effect October 1, 1995, and is a revision to the
1990 NPS Nationwide Programmatic Agreement. It was signed by ACHP, the National
Conference of State Historic Preservation Officers, and the National Park Service.
The development of a project[s]-specific plan, such as a Development Concept Plan, can
provide a good opportunity for NPS to meet Section 106 responsibilities not only for the plan, but
for the undertaking(s) proposed in the plan as well. Stipulation VI of the 1995 Nationwide
Programmatic Agreement (PA) sets forth a process for consultation on plans. In addition, Stipulation V of the Nationwide PA requires that the individual undertaking(s) contained in a plan
be reviewed pursuant to ACHP's regulations, 36 CFR Part 800, "Protection of Historic
Properties." The only exceptions to this requirement are undertakings programmatically excluded
under Stipulation IV of the Nationwide PA or under a separate Park-specific programmatic
Because consultation in response to a request from NPS for plan review is not mandatory on the part of the State Historic Preservation Officer (SHPO) or ACHP, it is important to indicate at the earliest possible stage that the intent is to integrate Section 106 review with a planning process. This provides an opportunity to the SHPO and ACHP to coordinate with NPS to determine a schedule for completing Section 106 requirements.
The timing of compliance with 36 CFR Part 800 on component undertakings should be decided at the outset of the planning process by NPS, based on: 1) when implementation is likely to take place; and 2) whether adequate information about historic properties and effects is available. For any of the plan's undertakings whose implementation is imminent, ACHP's regulations should be consulted to ensure that those requirements are met during the planning process for those undertakings.
Stipulation VI(D) of the PA: NPS requests comments concerning relevant issues "...such
as management objectives, identification and evaluation of historic properties, and the potential
effects of individual undertakings and alternatives on historic properties."
If identification and evaluation is in the early stages when plan review is initiated, NPS should first work with the SHPO to establish the area of potential effect and to locate, identify and evaluate historic properties in the area of potential effect, under the applicable section of ACHP's regulations (Section 800.4), which takes place in consultation with the SHPO. It is understood that these steps will have a direct bearing on the subsequent steps in the review process; nonetheless, ACHP need not be involved in the specific steps leading to determinations of National Register eligibility. However, Section 800.4(a)(iii) of the regulations is applicable at this time, and states that "[the Agency Official shall]...[S]eek information in accordance with agency planning processes from local governments, Indian tribes, public and private organizations, and other parties likely to have knowledge of or concerns with historic properties in the area." For greatest efficiency, such efforts should probably coincide with the scoping process and with Stipulation VI(D) of the Nationwide PA.
Once the identification and evaluation process has been completed, NPS should, in
consultation with the SHPO, make a determination of effect for each of the undertakings in the
plan. For maximum efficiency, the plan would then be drafted to satisfy the documentation
requirements for Section 106 purposes (in addition to any other content appropriate for NPS
plans, including those required by (NEPA). Where a plan encompasses multiple undertakings,
these should be listed as follows: