47. What are a federal agency’s responsibilities to complete Section 106 review?
A federal agency’s responsibilities are met when the agency has completed the Section 106 process. If a Section 106 agreement has been executed, such completion includes implementation of those stipulations or provisions contained in the agreement (e.g., completion of a data recovery plan, analysis and curation of retained materials, final reporting of results in professional and public formats). Procedurally, the federal agency must be able to demonstrate it identified the appropriate consulting parties, provided them with adequate documentation [36 CFR § 800.11] so they were able to participate in consultation effectively, and provided a reasonable opportunity for consulting parties to exchange views about the identification of historic properties, the assessment of effects to them, and the resolution of adverse effects, as required under the ACHP’s Section 106 regulations.