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Working with Section 106

Section 106 Guidance, Advice, and Assistance for Users
Publications, guidance, opinions, and information to assist Section 106 users in applying the regulations.

Guidance on Agreement Documents
The ACHP is pleased to announce the availability of its new "Guidance on Agreement Documents" (GAD). Memoranda of Agreement and Programmatic Agreements play a critical role in documenting a federal agency's commitment to carry out and conclude its responsibilities under Section 106 of the National Historic Preservation Act. GAD is designed to improve the efficiency and effectiveness of the Section 106 process by increasing the proficiency of all parties in the Section 106 process--federal agencies, states, Indian tribes, Native Hawaiian organizations, applicants, local governments, and other stakeholders--in crafting and implementing such agreements. It also includes advice on monitoring and closing out agreement documents. GAD is designed to walk stakeholders through the process of developing and writing a clear, concise agreement document to address an undertaking's effects to historic properties or develop a programmatic agreement. It is augmented by two checklists, sample agreement documents, and an extensive series of example stipulations on issues.

Section 106 Applicant Toolkit
The ACHP has released the Section 106 Applicant Toolkit. This Toolkit provides helpful tips and advice for applicants navigating the Section 106 process to make better informed decisions to improve outcomes in the review process and avoid unnecessary delays. It includes an overview of the Section 106 requirements and step by step guidance on consulting with states and Indian tribes, engaging stakeholders, and avoiding inadvertent activities that may adversely affect historic properties.

Handbook on Coordinating NEPA and Section 106
The White House Council on Environmental Quality and the ACHP released a handbook designed to help coordinate required review processes under the National Historic Preservation Act and the National Environmental Policy Act. The handbook stands to significantly improve the coordination of environmental reviews across the government. This handbook provides practical advice to practitioners and stakeholders to improve the efficiency and effectiveness of federal agencies’ environmental review.

Identifying ACHP Contacts for Section 106
The Office of Federal Agency Programs (OFAP) represents the ACHP in Section 106 cases. Use the OFAP Agency Organizational Chart to identify the appropriate OFAP contact for assistance with a Section 106 issue related to a specific federal agency. If you have an issue with an agency not listed on this chart, please contact Odette Williams, administrative assistant, at 202-517-0228 or owilliams@achp.gov.

OFAP is organized into two sections to address program and policy development in key areas. Use the OFAP Policy Organizational Chart to identify the appropriate section and point of contact in OFAP to address issues relating to these policy areas.

Protecting Historic Properties: A Citizen's Guide to Section 106 (2010 edition)

Section 106 Regulations (in PDF)
Text of ACHP's regulations, "Protection of Historic Properties" (36 CFR Part 800) (incorporates amendments effective Aug. 5, 2004)

ACHP Case Digest
Section 106 case highlights

Section 106 Archaeology Guidance

Section 213 Report

Energy, Transmission and Historic Preservation

This web page serves as a central link to a range of resources regarding ACHP involvement and activities related to energy development and transmission project in the Section 106 process. This includes guidance, task force involvement, and other relevant and important information to assist federal agencies, tribes, other stakeholders, and the public.

Review of Section 106 Regs Under E.O. 13563
Consistent with the requirements of Executive Order 13563, "Improving Regulation and Regulatory Review," the ACHP has completed a review of the regulations implementing Section 106 of the National Historic Preservation Act. The ACHP adopted a plan for completing this and future reviews on August 11, 2011. Read the plan.
Read the summary of public comments and actions.
March 2014 Update

Program Alternatives – 36 CFR § 800.14

Nominate Your Federal Activity for the ACHP Chairman's Award for Federal Achievement in Historic Preservation

ACHP Native American Program: Guidance for Federal Agencies
Information for Federal agencies working with Native Americans in the Section 106 process

ACHP's Archeology Task Force
Guidance for archeology conducted under Section 106

Section 106 Training and Education
Information on ACHP training activities

Federal Historic Preservation Case Law, 1966-2000
Handbook of Federal historic preservation cases


Updated November 21, 2014

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