Federal Oversight and Assistance for Shale Gas Development and Section 106

Synopsis

The Advisory Council on Historic Preservation (ACHP) frequently receives inquiries regarding the applicability of reviews conducted in accordance with Section 106 of the National Historic Preservation Act (NHPA) to shale gas development projects. Given that much of the nation’s shale gas development occurs on private property and is carried out by private developers, there remains some confusion as to whether and when federal permits, approvals, or licenses that may invoke Section 106 review are required for these activities. Recognizing the public interest in the potential for shale gas development to affect historic properties, the ACHP has prepared this primer to assist stakeholders and the public in understanding when opportunities for participating in the Section 106 review of such activities may exist

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