What is the purpose of this requirement?
The Department of Archaeology and Historic Preservation (DAHP) and affected tribes must be consulted when projects are subject to review under Section 106 of the National Historic Preservation Act of 1966 (NHPA). This act requires that all federal agencies take into account the affect of its actions on historic properties. Requirements of Section 106 review apply to any federal undertaking, funding, license, or permit.
DAHP and affected tribes are consulted to help determine if the site has been surveyed, if there are identified historical resources on-site, and if the property is listed or eligible for listing on the National Register of Historic Places.
If projects will adversely affect property that meets National Register criteria, DAHP will participate in finding acceptable ways to avoid or mitigate that adverse effect. The federal agency involved is responsible for initiating and completing Section 106 review.
Who issues this requirement?
Department of Archaeology & Historic Preservation
What activities require this requirement?
The application for federal funding, including funding passed through a state or local agency, a federal permit, license of use of federal lands.
Do I need to include anything with my application?
The federal agency will decide.
Is the decision on my requirement dependent on anything besides the information in my application?
Yes, typically specific archaeological, historic and cultural resource on-site surveys are required.
How long will it take to review my application?
The federal agency will provide that information.
What is the appeal process for the requirement?
The appeal process is codified in 36 CFR 800.9.
Notes / Comments:
Federal law requires each federal agency to comply with Section 106 review.
Applications triggering Section 106 review are available at the relevant federal agency.