Historic, Archeological, and Cultural Resources

Background

Commonly called the Section 106 process, Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C 470) requires projects which include federal participation to take into account the effects on any properties listed, or eligible for listing, on the National Register of Historic Places. In addition, Section 106 requires that the Advisory Council on Historic Preservation (ACHP) must be provided with an opportunity to comment on the project. Historic properties may include districts, sites, buildings, structures, or objects. Federal regulations for implementing Section 106 are contained in 36 C.F.R. 800, Protection of Historic and Cultural Properties.

Archeological sites are also protected under the National Historic Preservation Act, and the Section 106 process is applied in a similar fashion when a mass transit project involves excavation of any kind. The Archeological and Historic Preservation Act of 1974 (16 U.S.C 469a), often referred to as the Moss-Bennett Act, the Archeological Resources Protection Act of 1979, and Executive Order 11593 were written to protect significant archeological resources.

Federal Statutes, Regulations, & Guidance on Historic, Archeological & Cultural Resources

National Historic Preservation Act of 1966 (16 U.S.C 470)

Establishes a national policy for the protection of historic and archaeological sites and outlines responsibilities for federal and state governments to preserve the nation’s history.

Protection of Historic and Cultural Properties (36 C.F.R 800)

Describes the process that FTA must follow to comply with Section 106. Also includes responsibilities of other key participants – the State Historic Preservation Officer, applicants for federal grants, and local interested parties.

National Register Criteria for Evaluation (36 C.F.R 60)

The criteria are designed to guide state and local governments, federal agencies, and others in evaluating potential listings on the National Register.

Section 106 Regulations Users Guide, Advisory Council on Historic Preservation

Step-by-step guidance from Advisory Council on Historic Preservation.


Useful Links

Advisory Council on Historic Preservation

An independent federal agency that addresses historic preservation issues in federal policy, programs, and activities and promotes the protection and enhancement of U.S. historic resources.