Section 106 Review Process
AMERICAN RECOVERY AND REINVESTMENT ACT
Federally funded or permitted projects under the American Recovery and Reinvestment Act must be reviewed under Section 106 of the National Historic Preservation Act of 1966, as amended and the implementing regulations set forth in 36 CFR Part 800. For detailed information and a copy of the federal regulations (36 CFR Part 800), click here to visit the Advisory Council on the Historic Preservation website.
Section 106 review is a federal agency responsibility and the applicant should contact the agency sponsor regarding their Section 106 policies and procedures. The AHPP does not approve projects, but provides technical assistance to federal agencies and is afforded the opportunity to comment on federal undertakings as set forth in 36 CFR Part 800.
THE SECTION 106 REVIEW PROCESS
Review and Compliance
Under Section 106 of the National Historic Preservation Act of 1966, as amended, federal agencies must identify and evaluate cultural resources and consider the impact of undertakings they fund, license, permit, or assist on historic properties eligible for inclusion in the National Register of Historic Places. The federal agencies must afford the State Historic Preservation Officer (in Arkansas, the director of the Department of Arkansas Heritage) and the Advisory Council on Historic Preservation the opportunity to comment on these undertakings.
Through the Section 106 Review process, the AHPP can work with the federal agencies to protect cultural resources by bringing historic properties into consideration during the early stages of project planning or to mitigate any adverse effects. The AHPP's Section 106 staff reviews thousands of projects each year.
For more information, email the Review personnel, or write the AHPP at 1100 North Street, Little Rock, AR 72201, or call the agency at 501-324-9880 (TDD 501-324-9811).
The U.S. Congress established Section 106 as part of the National Historic Preservation Act of 1966 (NHPA). NHPA, strengthened and expanded by several subsequent amendments, today has become the cornerstone of this country's historic preservation policy.
Section 106 review is designed to ensure that historic properties are considered during the planning and execution of federal undertakings. The review process is coordinated in Arkansas by the AHPP.
The NHPA was enacted because of concern that many of our nation's historic resources were not receiving adequate attention as the government sponsored public works projects. In the 1960s, federal historic preservation law applied to only a handful of nationally significant properties, and Congress recognized that new legislation was needed to protect the many other historic properties that were being harmed by federal activities. For purposes of Section 106, any property listed on or eligible for inclusion in the National Register of Historic Places is considered historic.
Section 106 of the NHPA requires that every federal agency take into account how each of its undertakings could affect historic properties. An agency must also give the Advisory Council on Historic Preservation, an independent federal agency, a "reasonable opportunity to comment" on the agency's project.
The term "federal undertaking" includes a broad range of federal activities: construction, rehabilitation and repair projects, demolition, licenses, permits, loans, loan guarantees, grants, federal property transfers, and many other types of federal involvement. Whenever one of these activities affects or has the potential to affect historic properties in Arkansas, the sponsoring federal agency is required to seek the comments of the AHPP and the council.
The federal agency involved in the proposed undertaking is responsible for initialing and completing the Section 106 review process. In certain circumstances, local governmental bodies may act as the responsible agency. There can be other participants in Section 106 review as well. At times, local governments, Indian tribes, applicants for federal grants, licenses or permits, and others may join in the review process when it affects their interests and activities.