Section 106 of the National Historic Preservation Act (NHPA) of 1966 requires Federal agencies to consider the effect of their activities on properties listed or determined eligible for listing in the National Register of Historic Places. These activities, or “undertakings,” include any Federally funded, permitted, or licensed projects. In many instances the Federal agency delegates responsibilities to the applicant (e.g., the state agency, city, utility, or developer who is receiving Federal funds or applying for a Federal permit or license).
Section 106 review is a process that Federal agencies must comply with. Though it does not guarantee historic properties will not be affected by an undertaking, it does provide the opportunity for such effects to be considered and alternatives to avoid or minimize these effects be evaluated. It should be noted that the Section 106 consultation process is often one of compromise. In addition to the Federal agency and the State Historic Preservation Office, the Advisory Council on Historic Preservation as well as other consulting parties, such as Federally recognized Native American tribes, owners of significant properties that may be adversely affected by the undertaking, local governments, and other interested parties may be active participants in the consultation process.
SITE CHEEK FEE
Effective October 1, 2006 the Kentucky Heritage Council and the Office of State Archaeology will begin to charge a fee for all site checks. This will be a project specfic fee.
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The three main goals of the Section 106 review process are:
1) to identify historic properties listed in or eligible for listing in the National Register of Historic Places through studies of archaeological sites and historic buildings;
2) if historic properties are found, the Federal agency or designee then assesses what effect its undertaking will have on them. Again, the agency works with the SHPO, and considers the views of others, such as consulting parties. The agency makes its assessment based on criteria found in the Council's regulations and can make one of three determinations:
No effect: the undertaking will not affect historic properties;
No adverse effect: the undertaking will affect one or more historic properties, but the effect will not be harmful;
Adverse effect: the undertaking will harm one or more historic properties.
3) to find ways to avoid, minimize, or mitigate any adverse effects on historically significant resources, resulting in a Memorandum of Agreement (MOA).
The sooner you initiate the Section 106 process the better. By getting started early you can afford unnecessary project delays and often avoid adverse impacts to significant archaeological sites and historic structures. If you think you may have Federal involvement in your project contact the Site Protection staff of the Kentucky Heritage Council.
More on Section 106 Review:
Cultural Resource Report Specifications