Advisory Council on Historic Preservation

Successful consultation adheres to the proper sequence of steps in the Section 106 review process. Keep in mind that the Section 106 process begins with a broad range of possibilities that are refined through consultation to reach a focused resolution. One step builds on another. If a step is taken out of sequence or skipped altogether, it is likely that the agency will have to go back and fulfill that missed responsibility (e.g., to determine the Area of Potential Effects (APE) or identify historic properties or consult about eligibility).

If an undertaking will or may adversely affect historic properties (any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places), the Section 106 regulations at 36 CFR § 800.6(b)(1)(i-iv) call for the federal agency to consult with the State and/or Tribal Historic Preservation Officer (SHPO, THPO) and other parties to negotiate and execute a Section 106 agreement document that sets out the measures the federal agency will implement to resolve those adverse effects through avoidance, minimization

Welcome to the Advisory Council on Historic Preservation's (ACHP) Guidance on Section 106 agreement documents. Section 106 agreement documents play a critical role in documenting a federal agency's commitment to carry out and conclude their responsibilities under Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. § 306108). This guidance is provided to assist federal agencies, states, Indian tribes, Native Hawaiian organizations, applicants, local governments, consulting parties, and the public in developing, implementing, and concluding such agreements.