Overview

The regulations implementing Section 106 of the National Historic Preservation Act specify that when commenting on an undertaking affecting a National Historic Landmark, the ACHP may request a report from the Secretary of the Interior under Section 213 of the Act to assist it in the consultation. The preparation of these reports, like other functions assigned to the Secretary under the Act, is carried out by the National Park Service (NPS) on the Secretary’s behalf. Such reports typically detail the significance of an affected historic property, describe the effects of any proposed undertaking on the property, and recommend measures to avoid, minimize, or mitigate adverse effects to the property. Section 213 reports have been requested by the ACHP in a number of high profile Section 106 cases where the reports have been integral to consultation.

In coordination with staff from the NPS, the ACHP developed guidance for requesting and coordinating the development of a Section 213 Report. The purpose of the guidance is to establish procedures for when and how the reports are sought, their content, and related logistical issues regarding scheduling and distribution. Such clarification ensures that Section 213 Reports are timely and structured to contribute to the consultation process that is underway. While this guidance was developed with federal agencies and participants in the Section 106 process in mind, it is also helpful for members of the general public, or those parties new to Section 106 consultation, in establishing an understanding of how a Section 213 Report might be requested and its role in Section 106 consultation.

Link to guidance on Section 106 Consultation Involving National Historic Landmarks

Section 213 Reports Affecting Section 106 Cases

Pensacola Naval Air Station Historic District National Historic Landmark, Naval Air Station Pensacola, FL (2022)

Tinian Landing Beaches, Ushi Point & North Fields, Tinian Island National Historic Landmark, Island of Tinian, Commonwealth of the Northern Mariana Islands (2016)

Presidio National Historic Landmark, San Francisco, CA (2009)

Great Falls Portage National Historic Landmark, Great Falls, MT (2007)

St. Elizabeths Hospital National Historic Landmark, Washington, DC (2007)

Old Patent Office National Historic Landmark, Washington, DC (2005)

For more information on the Section 106 process.