Getting started in the Section 106 process
- What are a federal agency’s responsibilities under Section 106 of the NHPA?
- What is the role of the federal agency official in the Section 106 process?
- What is the ACHP’s policy on dealing with burial sites, human remains, and funerary objects?
- Does issuance of an ARPA permit constitute an undertaking requiring Section 106 review?
- Who owns the artifacts recovered from private land?
- Can the NHPA be used to restrict access to information about an archaeological site?
Section 106 consultation about archaeology
- What is Section 106 consultation?
- Why should federal agencies consult with other parties about archaeology?
- Who consults with whom, and how?
- When does consultation begin?
- Are federal agencies expected to pay consulting parties for Section 106 participation?
- What is the role of applicants and their consultants/contractors in archaeology conducted under Section 106?
- How much consultation is enough?
- When does consultation end?
- How can federal agencies foster more informed participation by stakeholders in consultation about archaeology?
- What happens when a consulting party cannot or will not provide its views?
- Can archaeologists participate in Section 106 review as consulting parties?
Determining which archaeological sites are significant: Identification
- Does the federal agency have to identify or locate all archaeological sites for Section 106 review?
- What is the “reasonable and good faith effort” regulatory standard?
- How do federal agencies meet the “reasonable and good faith effort” standard?
- How should federal agencies consider the magnitude and nature of the undertaking, and the degree of federal involvement, in determining the appropriate level of effort for identification?
- How should federal agencies consider the nature and extent of potential effects on historic properties in determining the appropriate level of effort for identification?
- How should federal agencies consider the likely nature and location of historic properties within the area of potential effects in determining the appropriate level of effort for identification?
- How should federal agencies consider past planning, research, and studies in determining the appropriate level of effort for identification?
- With whom should a federal agency consult in determining how to meet the “reasonable and good faith effort” regulatory standard?
- How are disputes about the “reasonable and good faith effort” standard resolved?
- Why is the “area of potential effects” (APE) important in identifying eligible archaeological sites?
- How is the area of potential effects (APE) determined?
- Should the area of potential effects (APE) also be defined vertically?
- What constitutes a “reasonable and good faith effort” to identify historic properties in accordance with the ACHP’s Policy Statement on Affordable Housing and Historic Preservation?
Determining which archaeological sites are significant: Evaluation
- How are eligibility determinations made in Section 106 review?
- What are the consequences of eligibility determinations in the Section 106 process?
- What special role do Indian tribes and Native Hawaiian organizations have in evaluating properties?
- What kind of information is necessary to evaluate the eligibility of an archaeological site?
- Is a National Register nomination form required in a Section 106 evaluation of eligibility?
- Is every archaeological site eligible for the National Register?
- Can you evaluate archaeological sites under Criteria A-C in addition to D?
- Does the presence of human remains make an archaeological site eligible for the National Register?
- When should an agency reevaluate the National Register status of archaeological sites?
- Is the loss of access by archaeologists to archaeological properties an adverse effect under the ACHP’s regulations?
Reaching agreement on appropriate treatment
- What information is needed to decide on treatment options?
- When is data recovery the appropriate treatment?
- What issues should be considered when consulting about mitigation?
- What is “alternative” or “creative” mitigation?
- Are there advantages to considering alternative mitigation?
- How can federal agencies find out about appropriate treatment options and alternatives?
Completing the Section 106 process
- What are a federal agency’s responsibilities to complete Section 106 review?