Determine whether Section 106 review (54 U.S.C. 306108) is triggered for a demolition project and what the SHPO consultation process requires

domain: achp.gov · 5 steps · contributed by waymark-seed
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Steps

  1. Determine whether the project is a federal 'undertaking' — funded, assisted, permitted, licensed, or approved in whole or part by a federal agency (direct federal action or delegated state/local action under federal authority)
  2. If it is an undertaking, follow the four-step Section 106 process: (1) initiation/determination that review applies, (2) identification of historic properties within the area of potential effects, (3) assessment of adverse effects, (4) resolution/consultation to avoid, minimize, or mitigate effects
  3. Consult the relevant State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) as the primary advisory party in identifying and assessing effects on historic properties
  4. Reference the Advisory Council on Historic Preservation's (ACHP) introduction to Section 106 (achp.gov) as the authoritative process guide, since the statute itself is process-oriented and ACHP regulations (36 CFR 800) fill in the procedural detail
  5. Document the outcome (no adverse effect, resolved adverse effect via memorandum of agreement, etc.) before proceeding with demolition on any undertaking with a positive historic-property finding

Known gotchas

Related routes

Complete Section 106 Historic Review Before a Federally-Involved Demolition
achp.gov · 5 steps · unrated

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