ACHP + Permitting Council Partnership

The ACHP’s first ever State Historic Preservation Office (SHPO) Liaison position was established under a partnership with the Permitting Council, the federal agency charged with improving the transparency, predictability, and outcomes of the Federal environmental review and authorization process for certain large-scale critical infrastructure projects. The Permitting Council coordinates federal environmental reviews and authorizations for projects that seek and obtain coverage under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41).

The ACHP’s SHPO Liaison is intended to supplement Section 106 assistance currently provided to SHPOs by Office of Federal Agency Programs (OFAP) staff assigned to specific federal agencies.

In addition to internal casework support, the SHPO Liaison is available to assist SHPO staff with general Section 106 questions, consulting party and public participation resources, ACHP guidance documents and other publications, as well as information regarding Section 106 training and other engagement and information-sharing opportunities.

SHPO staff are welcome and encouraged to contact the SHPO Liaison at any time regarding Section 106 topics not directly related to a current Section 106 case in which the ACHP is participating or on which an OFAP staff reviewer is already providing technical assistance. If you are unsure of current ACHP involvement on a particular case, feel free to reach out to the SHPO Liaison for clarification.

SHPO Liaison 

Sarah Beimers | sbeimers@achp.gov | (202) 517-6382

New Program Alternatives and Guidance

• On December 20, 2024, the ACHP voted to approve the Program Comment on Certain Housing, Building, and Transportation Undertakings. Additional information and guidance regarding implementation of the Program Comment will be provided in the near future.  
• On November 4, 2024, the Program Comment on Stewardship and Management of Mission-66 Era Facilities (1945-1972) was approved by ACHP members. This Program Comment provides the National Park Service (NPS) with a Section 106 procedural alternative for property management undertakings at NPS facilities built between 1945 and 1972.
• On September 6, 2024, the ACHP, the National Conference of State Historic Preservation Officers (NCSHPO), and the NPS executed the Nationwide Programmatic Agreement for Cultural Resources Grants and Financial Assistance. The NPA establishes a consistent and streamlined Section 106 review process for multiple NPS grant and financial assistance programs.  
• In August 2024, the ACHP, NCSHPO, and the National Endowment for the Arts (NEA) executed an amendment to the Nationwide Programmatic Agreement (NPA) for NEA Arts Program Grants. The amendment modifies three program activities excluded from Section 106 review and extends the term of the NPA for an additional five years to December 31, 2029.
• In July 2024, the National Telecommunications & Information Administration (NTIA) released updated agency guidance documents and facilitated an information session for the recently issued Amendment to the Program Comment for Communications Projects on Federal Lands & Property. See the ACHP’s FAQ page and the NTIA website for the agency’s guidance document. 
• On June 25, 2024, the Department of Homeland Security (DHS), ACHP, and NCSHPO executed a National Programmatic Agreement regarding climate resiliency and sustainability undertakings on DHS-owned facilities. Additional NPA information can be found on the DHS website.

Section 106 Program Alternatives in Development

• The National Park Service is proposing to develop a Section 106 program alternative for Land & Water Conservation Fund (LWCF) State and Local Assistance Programs. 
• The Department of Veterans Affairs (VA) is proposing to develop three program alternatives to create Section 106 consultation efficiencies for: 1) the agency’s leasing program, 2) the agency’s State Home Construction Grant Program partnership, and 3) agency undertakings involving effects to National Cemeteries. The VA hosted consultation meetings with SHPOs on October 1, 2024. 

Federal Agency Section 106 Links

• The Department of Housing and Urban Development’s (HUD) Historic Preservation page on HUD Exchange, including the agency’s Section 106 Agreement Database
• The Federal Communications Commission’s Section 106 information on Tower and Antenna Siting, which includes guidance on application of NPAs
• Pages about federal agency program partnerships with the ACHP provide information on agency-specific historic preservation initiatives.

External links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by the ACHP of any of the products, services or opinions of the corporation or organization or individual. The ACHP bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Please contact the external site for answers to questions regarding its content, including its privacy policies.

Section 106 Tools and Guidance Quick Links

Regulatory Review Steps

• 36 CFR Part 800 Protection of Historic Properties
• Section 106 Regulations Section-by-Section Questions and Answers
• Frequently Asked Questions about Lead Federal Agencies in Section 106 Review
• Applicant Toolkit
• 30-Day Review Timeframes
• Meeting the “Reasonable and Good Faith” Identification Standard
• Section 106 Archaeology Guidance
• Guidance on Use of Real Property Restrictions or Conditions in the Section 106 Process to Avoid Adverse Effects
• Limitations on the Delegation of Authority by Federal Agencies to Initiate Tribal Consultation under Section 106 of the National Historic Preservation Act

Consultation

• A Citizen’s Guide to Section 106 Review
• Consultation with Indian Tribes in the Section 106 Review Process: The Handbook
• List of Federal Preservation Officers (FPOs)

Agreements (MOAs/PAs)

• Guidance on Agreement Documents
• Types of Agreement Documents in Section 106: What They Are and When They Should Be Used
• MOA/PA Duration and Expiration: Points of Consideration

Program Alternatives

• Program Alternatives Overview and Reference Chart
• Nationwide Programmatic Agreements
• Prototype Programmatic Agreements (contact federal agency and/or SHPO for copies of executed PPAs)
• Program Comments
• Exempted Categories
• Alternate Procedures

Infrastructure Projects

• Section 106 and Infrastructure Projects
• Broadband Infrastructure and Section 106 Review

NEPA and Section 106 Integration

• Integrating NEPA and Section 106
• NEPA and NHPA: A Handbook for Integrating NEPA and Section 106

Section 106 Case Studies

(Page under construction.) Contact the SHPO Liaison if you would like to submit a Section 106 consultation case to be spotlighted.