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Understanding the Section 106 Process as it Pertains to Building and Development

Jan 31, 2025

When embarking on a construction project in the United States, compliance with the National Historic Preservation Act (NHPA) of 1966 is crucial. The NHPA ensures the preservation of America’s historic and cultural resources, requiring careful consideration of potential impacts during project planning. At Chronicle Heritage, the largest fully dedicated Cultural Resource Management (CRM) company in the nation, we’ve guided countless projects to successful compliance. This blog will break down the NHPA compliance process, equipping you with the knowledge to navigate it smoothly.

Step 1: Understand Section 106

The cornerstone of NHPA compliance is Section 106, which mandates federal agencies to assess the impact of their projects on historic properties. If your project involves federal funding, permits, or licensing, you’ll need to adhere to this process. This means that any project receiving financial support or requiring approval from a federal agency—such as infrastructure developments funded by the Department of Transportation, energy projects requiring Federal Energy Regulatory Commission permits, or construction on federally owned land—must undergo a thorough review to determine its impact on historic resources. The process ensures that cultural and historic properties are identified and protected during project execution.

The key components of Section 106 include:

  • Initiation of the Process: Identify the federal agency involved and determine if Section 106 applies.
  • Identification of Historic Properties: Conduct surveys to locate properties eligible for the National Register of Historic Places.
  • Assessment of Effects: Evaluate how your project might affect identified historic properties.
  • Resolution of Adverse Effects: Develop strategies to avoid, minimize, or mitigate impacts.

Step 2: Assemble a Qualified Team

Compliance with the NHPA requires expertise in archaeology, history, and architectural history. Partnering with a dedicated CRM firm like Chronicle Heritage ensures your project benefits from specialists who:

  • Conduct thorough cultural and historic resource assessments.
  • Navigate regulatory requirements efficiently.
  • Foster relationships with stakeholders, including federal agencies, state historic preservation offices (SHPOs), and tribal nations.

Step 3: Engage Early with Stakeholders

Early engagement with stakeholders streamlines the compliance process. This includes:

  • SHPOs and Tribal Nations: Collaborate to understand concerns and secure approvals.
  • Local Communities: Address potential objections and build goodwill.
  • Regulatory Agencies: Ensure clear communication to avoid delays.

Step 4: Conduct Cultural Resource Surveys

To identify historic properties within your project’s Area of Potential Effects (APE):

  • Perform desktop reviews to assess prior studies and existing data.
  • Conduct field surveys, including archaeological and architectural assessments.
  • Document findings in compliance with state and federal guidelines.

Step 5: Mitigate Adverse Effects

If your project impacts historic properties, mitigation is necessary. Mitigation strategies may include:

  • Redesigning the project to avoid sensitive areas.
  • Data recovery through excavation and analysis.
  • Recording and documenting historic sites before impact.

Step 6: Secure Necessary Approvals

Once project effects are defined, secure agreements and approvals, such as:

  • Memorandum of Agreement (MOA): Documents agreed-upon mitigation efforts.
  • Programmatic Agreement (PA): For long-term or complex projects, outlines phased compliance strategies.

Step 7: Document and Monitor Compliance

Ensure ongoing compliance by:

  • Maintaining detailed records of surveys, consultations, and agreements.
  • Monitoring construction activities to prevent unexpected impacts on historic properties.
  • Reporting to regulatory agencies as required.

Chronicle Heritage Project Highlights

Chronicle Heritage has successfully partnered on a wide range of projects across the United States, including:

  • Renewable Energy Development in California: Provided comprehensive cultural resource surveys and mitigation plans for solar and wind projects in the Mojave Desert.
  • Transportation Infrastructure in Texas: Conducted archaeological assessments along proposed highway expansions to ensure compliance with Section 106 requirements.
  • Urban Development in New York: Collaborated on large-scale residential projects to identify and protect historic urban sites.
  • Pipeline Construction in the Midwest: Worked with energy companies to mitigate impacts on archaeological sites and tribal lands.
  • Military Installations in the Southeast: Assisted with cultural resource management plans on active military bases to preserve historic structures and landscapes.

Compliance with the NHPA is not only a legal obligation but also an opportunity to preserve America’s cultural legacy while advancing your project responsibly. By partnering with Chronicle Heritage, you gain access to unparalleled expertise in CRM, ensuring a smooth path to compliance. Contact us today to learn how we can help your project honor the past while building the future.