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), visit the Advisory
Council on Historic Preservation web site at http://www.achp.gov/recovery/faqs.html
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
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, e-mail
the Review personnel, or write the AHPP at 1500 Tower Building, 323
Center Street, Little Rock, AR 72201, or call the agency at 501-324-9880
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
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.
Useful links for Section 106 Review
Advisory Council on Historic Preservation: http://www.achp.gov/
Arkansas Archaeological Survey: http://www.uark.edu/campus-resources/archinfo/
National Park Service "Links to the Past": http://www.nps.gov/history