Section 106 Archaeology Guidance

Yes. Archaeologists and professional archaeological organizations can be invited to participate in Section 106 consultation by a federal agency or may request consulting party status from the federal agency [36 CFR § 800.2(c)(5)]. Additional consulting parties.  read more »

Federal agency consultation responsibilities are met when the agency has completed the Section 106 process. If a Section 106 agreement has been executed, such completion includes implementation of those stipulations or provisions contained in the agreement. The federal agency should be able to demonstrate that it has:

* identified the appropriate consulting parties as early as practicable;
* provided them with adequate and timely documentation to participate effectively;  read more »

While consultation establishes the context within which a federal agency takes into account the effect of its undertaking on historic properties, there is no hard and fast rule about how much consultation is enough. The ACHP’s regulations call for consultation to be carried out in a manner “appropriate to the scale of the undertaking and the scope of the federal involvement” [36 CFR § 800.2(a)(4)], (4) Consultation. The agency official shall involve the consulting parties described in paragraph (c) of this section in findings and determinations made during the section 106 process.  read more »

The ACHP’s regulations [36 CFR § 800.2(c)(4)](4) Applicants for Federal assistance, permits, licenses and other approvals. An applicant for Federal assistance or for a Federal permit, license or other approval is entitled to participate as a consulting party as defined in this part.  read more »

Consulting parties fall into two broad groups:

a) Parties with a right to participate in consultation [see 36 CFR §800.2(c)(1) -(4)](c) Consulting parties. The following parties have consultative roles in the section 106 process.
(1) State historic preservation officer.  read more »

To ensure consulting parties participate in an informed manner, federal agencies should present descriptions of archaeological investigations and recommendations using as little technical jargon as possible. Furthermore, it is in the interest of the federal agency to ensure that all recommendations and conclusions about the significance and treatment of listed and eligible archaeological sites are supported by clear and succinct statements showing the logical progression of decision-making.  read more »

The ACHP’s regulations [36 CFR § 800.3(c)(4)](4) Failure of the SHPO/THPO to respond. If the SHPO/THPO fails to respond within 30 days of receipt of a request for review of a finding or determination, the agency official may either proceed to the next step in the process based on the finding or determination or consult with the Council in lieu of the SHPO/THPO.  read more »

Federal agencies are advised to begin the Section 106 process early in project planning “so that a broad range of alternatives may be considered during the planning process for the undertaking” [36 CFR § 800.1(c)].(c) Timing.  read more »

On April 26, 2002, the ACHP issued its official position on “Fees in the Section 106 Review Process,” a statement designed to assist federal agencies in determining when it is appropriate to compensate a party in the Section 106 process. The entire text can be viewed at www.achp.gov/regs-fees.html.

In summary, the NHPA and ACHP’s regulations authorize federal agencies to contract with others to provide information for complying with Section 106. However, neither authority requires federal agencies to pay for any aspect of consulting party participation in the Section 106 process.  read more »

The National Historic Preservation Act [16 U.S.C. 470h-2(a)(2)(E)(ii)] and the Section 106 implementing regulations require federal agencies to consult with other parties in the course of the Section 106 process.  read more »