Section 106 Compliance

Section 106 compliance report template doc 36 kb.

Section 106 compliance. Regulations issued by the advisory council on historic preservation achp guide the section 106 review process specifying actions federal agencies must take to meet their legal obligations. Failure to do so requires the agency toyes reopen the section 106 process. The section 106 regulations require federal agencies to seek and consider the public s views at every stage of the review process.

The agency is obligated to follow the terms of the moa. Wireless infrastructure second report and order. Ultimately responsible for compliance with section 106 establish and enforce rules binding on licensees and applicants to ensure fcc compliance negotiate policies and processes with achp shpos and tribes government to government consultation where tribal concerns are not resolved consensually resolve adverse effects and.

Because proposed projects vary in scope and size neh s plans for involving the public. Per section 106 requirements of the protection of historic properties subpart b. However agencies have discretion in how they notify the public of their proposed actions and how they seek public comment.

Those subject to state or local regulations administered pursuant to delegation or approval by a federal agency appendix c 33 cfr 325 the corps drafted appendix c in 1981 with revisions in 1990 as the historic properties review procedure for corps permits. Questions and answers last updated september 30 2019 manual referral process update 03 18 2020 tribal notification. Provides a concise format and content outline for historic building design project submissions required under section 106 of the national historic preservation act minimizing the submission volume and excluding unnecessary details speeds up the process by allowing 106 reviewers to focus on essential information.

Section 106 compliance template. Compliance with section 106. Substitution is not allowed where a project is categorically excluded from nepa review and practically speaking it will.

The regulations are published in the code of federal regulations at 36 cfr part 800 protecting historic properties. Moves forward stops persuant to mitigation or steps back through the section 106. Section 106 has four basic steps.