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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, most undertakings are resolved at the state level without the ACHP’s direct involvement. However, some cases present complex issues or procedural challenges that warrant the participation of the ACHP.
When an undertaking will or may adversely affect historic properties, the FHWA, along with the State Historic Preservation Officer and/or Tribal Historic Preservation Officer, and other parties, usually including a state department of transportation as the applicant for Federal funds or approval, will negotiate and execute a Section 106 agreement document. The Memorandum of Agreement (MOA) or Programmatic Agreement (PA) is legally binding and sets outs the measures the federal agency will implement to resolve any adverse effects.
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. For additional information on agreement documents, check out the ACHP’s Guidance on Agreement Documents: http://www.achp.gov/agreementdocguidance.html
Section 106 Case Studies with recent ACHP Involvement
Additional Case Studies previously published by the ACHP may be found on the ACHP website in the Case Digest archives.