What About a Wind Farm Project Triggers Section 106?

The ACHP has received a number of inquiries regarding the Section 106 responsibilities of federal agencies with regard to the development of on and off-shore wind farms. We are specifically asked what kinds of federal actions related to the development and operation of wind farms make such projects “undertakings” subject to Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations, “Protection of Historic Properties” (36 CFR 800).

Program Comment to Avoid Duplicative Reviews for Wireless Communications Facilities Construction and Modification

The Advisory Council on Historic Preservation has amended the referenced Program Comment which avoids duplicate reviews under Section 106 of the National Historic Preservation Act regarding telecommunications projects that undergo Section 106 review by the Federal Communications Commission under existing Nationwide Programmatic Agreements. The amendments extend the duration of the Program Comment, add agencies that can use the Program Comment, and provide for a monitoring system.

Program Comment for Communications Projects on Federal Lands and Property

The ACHP issued a Program Comment for Communications Projects on Federal Lands and Property at the request of the U.S. Department of Homeland Security (DHS) to accelerate the review of these projects, particularly broadband deployment, under Section 106 of the National Historic Preservation Act. The Program Comment can be used by federal land and property managing agencies who must comply with the requirements of Section 106 when deploying communications activities on public lands and property.

106 Toolkit for Infrastructure Project Reviews

The Advisory Council on Historic Preservation wants to ensure citizens, federal agency staff, those seeking federal permits and other assistance, and preservation partners have tools to assist them in factoring historic preservation into federal project planning through the Section 106 review process.

References for those new to the requirements of Section 106 of the National Historic Preservation Act

Infrastructure Project Efficiencies

The following resources provide strategies for handling infrastructure Section 106 reviews specific to federal agencies or project types. They include Section 106 program alternatives that tailor the requirements of the regulations for particular situations.

Interagency Coordination

The ACHP is engaged in efforts to improve the effectiveness and efficiency of Section 106 reviews for infrastructure development.
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