In its Section 106 Applicant Toolkit, the Advisory Council on Historic Preservation (ACHP) provides information and guidance on the Section 106 process to parties who are the recipients of, or are applying for federal licenses, permits, assistance, or approvals. The guidance states that:

"The Section 106 regulations recognize that the federal agency may need the assistance of an applicant to coordinate the Section 106 review. The regulations allow a federal agency to authorize an applicant to initiate consultation in a specific project or program, provided that the agency first notifies the relevant [State Historic Preservation Officer (SHPO)/Tribal Historic Preservation Officer (THPO)] in writing of the authorization. The agency should also include the ACHP in this notification. While the SHPO/THPO does not approve such authorization, the required advance notice avoids confusion and provides agency contact information. In addition, the notice verifies that the federal agency will be available, if needed, to assist with Section 106 consultation."

Applicant Authorizations issued by the U.S. Department of Veterans Affairs (VA)


Regulatory Reference

36 CFR 800.2(c)(4)

Applicants for Federal assistance, permits, licenses and other approvals. An applicant for Federal assistance or for a Federal permit, license or other approval is entitled to participate as a consulting party as defined in this part. The agency official may authorize an applicant or group of applicants to initiate consultation with the SHPO/THPO and others, but remains legally responsible for all findings and determinations charged to the agency official. The agency official shall notify the SHPO/THPO when an applicant or group of applicants is so authorized. A Federal agency may authorize all applicants in a specific program pursuant to this section by providing notice to all SHPO/THPOs. Federal agencies that provide authorizations to applicants remain responsible for their government to government relationships with Indian tribes.