Introduction to Selected 1986-1996 Cases

Mid-Atlantic cases

Midwest cases

North-Central cases

Northeast cases

Northwest/Alaska cases

Rocky Mountain cases

South-Central cases

Southeast cases

West-Pacific cases

Selected Section 106 Cases, 1986-1996

The centerpiece of the Section 106 review process is consultation, which typically involves Federal and State officials, most notably the SHPO, elected officials, project sponsors, the public, and the Council as needed. The goal of consultation is always a solution that balances project benefits with historic values in the public interest. Under ideal circumstances, proposed projects protect and enhance these values; however, circumstances are seldom ideal. It is the Council's role to ensure that a reasonable balance is struck between project requirements and historic preservation needs, that the public broadly defined is best served.

Toward this end, the Council continually emphasizes the active involvement of individuals and organizations, local governments, recipients of Federal assistance or permits, Indian tribes, and property owners, among others, in the consultation process. The Council-administered Section 106 review process gives citizens a unique chance to participate in Federal decisionmaking about community resources; it is vital that they avail themselves of this opportunity.

The cases at left, selected from the Council's archives, showcase the importance of public participation in Section 106 consultation and the cooperative nature of the review process in general. Reflecting the diversity of undertakings that come under the Council's purview, they exemplify how development issues can be practically resolved so as to enable worthwhile projects to proceed safe from legal challenge. They provide insight into how practical, cost-effective solutions are developed and implemented and demonstrate how Federal agency needs can be reconciled with historic preservation objectives.

More than anything else, they underscore the importance of the early initiation of Section 106 consultation. As case after case illustrates, when Section 106 review is initiated during the early stages of a project, the widest possible range of mitigation options is available, and chances for a resolution acceptable to all parties are greatly enhanced. Conversely, when the review process is invoked after vital project decisions have been made, mitigation options diminish, sometimes severely, and consultation may become unnecessarily complicated and protracted. These cases—drawn from across the country—represent the range of Federal agencies and activities the Council regularly encounters.