Meeting the "Reasonable and Good Faith" Identification Standard in Section 106 Review
Section 800.4(b)(1) of the Section 106 regulations states that federal agency officials shall make a “reasonable and good faith effort” to identify historic properties.This guidance was developed to assist federal agencies and consulting parties in determining what constitutes a reasonable and good faith identification effort.
NRCS Prototype Programmatic Agreement
The Natural Resources Conservation Service (NRCS), an agency of the United States Department of Agriculture (USDA), worked with the Advisory Council on Historic Preservation (ACHP) to develop a prototype programmatic agreement (PPA) under 36 CFR § 800.14(b)(4) of the regulations implementing Section 106, “Protection of Historic Properties” (36 CFR Part 800). The PPA was authorized in 2014.
Section 106 Consultation Between Federal Agencies and Indian Tribes Regarding Federal Permits, Licenses, and Assistance Questions and Answers
This document answers questions regarding federal permits, licenses, and assistance between federal agencies and Indian tribes.
Federal Oversight and Assistance for Shale Gas Development and Section 106
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
NEPA and NHPA: A Handbook for Integrating NEPA and Section 106
This handbook provides advice on coordinating NEPA and Section 106 compliance procedures to improve environmental reviews.
Summary of FEMA Programs
A list of Federal Emergency Management Agency (FEMA) pertinent to Disaster recovery.
Role of Section 106 in Disaster Response - Frequently Asked Questions
In response to recent catastrophic events across the country, such as flooding, snow, ice, hurricanes, tornadoes, earthquakes, pandemics, and fires, the Advisory Council on Historic Preservation (ACHP) has prepared the following Frequently Asked Questions (FAQs) to assist State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), federal agencies, and other historic preservation partners in addressing Section 106 requirements during disaster response efforts.
Agency Section 106 Agreements with Indian Tribes and Native Hawaiian Organizations
The 1992 amendments to the National Historic Preservation Act recognized and expanded the role of Indian tribes and Native Hawaiian organizations in the national preservation program. In response to these changes, the Advisory Council on Historic Preservation (ACHP) revised its regulations to clarify their role in the Section 106 process.
Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites
In accordance with Secs. 800.5 and 800.6 of its revised regulations (36 CFR part 800, "Protection of Historic Properties," published [May 18, 1999]) implementing Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Preservation is publishing a recommended approach for consultation by Federal agencies, State Historic Preservation Officers, Tribal Historic Preservation Officers, and others on the effects of Federal, federally assisted, and federally licensed or -permitted undertakings on archeological sites. ACHP has determined that issuance of this guidance is consistent with ACHP's revised regulations. The full text of the guidance is reproduced under the Supplementary Information section of this notice.