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Home Historic Preservation Programs & Officers Federal FHWA Section 106 Case Studies
Each year thousands of federal-aid highway projects undergo Section 106 review. As with other federal agencies, the vast majority of undertakings are routine and are resolved at the state level without the ACHP’s involvement. However, some cases present complex issues or procedural challenges that warrant the participation of the ACHP.
When the ACHP participates in consultation to resolve adverse effects the executive director becomes a signatory to the Memorandum of Agreement (MOA) or Programmatic Agreement (PA) for the undertaking. An MOA details the measures that will be carried out to avoid, minimize, and mitigate the effects of the federal undertaking, and the party responsible for completing each required task. If the effects of an undertaking on historic properties cannot be fully determined at the time Section 106 is concluded, a PA may be used to detail a process for completing the historic preservation review within a timeframe negotiated by consulting parties. An MOA or PA documents the agreement reached among the FHWA, State Historic Preservation Officer (SHPO), State Department of Transportation, and the ACHP, and concludes the Section 106 process. Additional consulting parties, including Indian tribes, other federal and state agencies with jurisdiction, local governments, and others may be invited to be signatories or to indicate their agreement with the resolution of adverse effects by signing as concurring parties.
Recently Concluded Section 106 Cases with ACHP Involvement
Additional Case Studies previously published by the ACHP may be found on the ACHP website in the Case Digest archives.