When does consultation end?
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;
* involved them in Section 106 findings and determinations in a manner that is appropriate to the scale of the undertaking and its effects;
* allowed a reasonable opportunity for consulting parties to provide their views; and
* determined how to resolve adverse effects taking into account the views of consulting parties and the public or, failing to reach an agreement to resolve the adverse effects, requested, considered and responded to the ACHP’s formal comments on the undertaking.
Often consultation about effects to eligible and listed archaeological sites is straightforward and non controversial, but this is not always the case. For example, consultation on the fate of an eligible or listed archaeological site that was once a small campsite may not warrant any face-to-face meetings. In contrast, consultation regarding a property of national significance, such as the African Burial Ground in New York City, which is valued by many different communities and groups, may require a much more intensive and lengthy effort (See the African Burial Ground in the ACHP’s Case Digest in Fall 2001 www.achp.gov/casearchive/casesfall01NY1.html, Summer 2003 www.achp.gov/casearchive/casessum03NY1.html and Fall 2003 www.achp.gov/casearchive/casesfall03NY.html.