Advisory Council on Historic Preservation

This document answers questions regarding federal permits, licenses, and assistance between federal agencies and Indian tribes.

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

This handbook provides advice on coordinating NEPA and Section 106 compliance procedures to improve environmental reviews.

A list of Federal Emergency Management Agency (FEMA) pertinent to Disaster recovery.

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.

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.

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.

These recommendations regarding energy resources will be useful to consider for future cases involving energy and historic preservation.

The Office of Tribal and Indigenous Peoples (OTIP) works with federal agencies, Indian Tribes, and Native Hawaiian Organizations to address critical consultation issues.

These questions and answers have been prepared by ACHP to provide users of the Section 106 process with further guidance on interpreting the provisions of the new regulations.