SECTION 106 PARTICIPANTS: ROLES AND RESPONSIBILITIES

OBJECTIVES

This portion of the tutorial identifies the participants in the Section 106 process and defines their respective roles and responsibilities. When you have finished this module, you should have a basic understanding of the following:

• The role of FHWA as the Federal agency responsible for Section 106 compliance.
• Who the consulting parties are and their roles and responsibilities in the Section 106 process.
• The role of the public, and when and how the public should be involved in the Section 106 process.
• The role of the Advisory Council on Historic Preservation (ACHP).

OVERVIEW

Many different participants have a role in the Section 106 process. Participants include:

• FHWA - The Federal agency legally responsible for Section 106 compliance for a project funded or approved under its authority. FHWA responsibilities include identifying and consulting with the consulting parties, identifying historic properties, assessing the effects of an undertaking on historic properties, and resolving any adverse effects.
• Consulting Parties – These parties have consultative roles and may assist FHWA in carrying out its Section 106 responsibilities. Consulting parties include the following:
  • Applicants – The applicant is the non-Federal entity using Federal funds, or requiring a Federal approval, license, or permit. A state Department of Transportation (State DOT) is a common applicant for FHWA funds and approvals.
  • State Historic Preservation Officer (SHPO) – SHPO represents the historic preservation interests of the state in Federal undertakings. SHPO advises and assists FHWA in carrying out its Section 106 responsibilities.
  • Tribes – As defined in the Section 106 regulations, a Tribe is an “Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation...which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.”
  • Local governments – These include, but are not limited to, municipal, county, and regional governments with jurisdiction over the area in which the effects of an FHWA project may occur.
  • Others with a demonstrated interest – Individuals or organizations with a demonstrated legal or economic interest in the project, or who have a concern about effects on historic properties and may be invited to participate in the process.
• The public – The public must be notified of proposed projects and offered an opportunity to provide their views about the effects of the project on historic properties.
• The ACHP – An independent Federal agency that issued the Section 106 regulations and oversees the Section 106 review process.

For questions or feedback on this subject matter content, please contact David Clarke.