Advisory Council on Historic Preservation

This handbook presents recommendations for federal agencies, applicants, and Indian tribes to work together in pre-application information gathering or prior to initiating the Section 106 process.

This program comment exempts undertakings that may affect historic rail properties within rail rights-of-way from Section 106 of the National Historic Preservation Act. The program comment adopts a two-pronged approach: an activities-based approach and a property-based approach.

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).

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. Amendments in 2015 extended the duration of the Program Comment, added agencies that can use the Program Comment, and provided for a monitoring system.

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.

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

• The Section 106 regulations, “Protection of Historic Properties,” 36 CFR Part 800

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.