The National Park Service provides Federal financial assistance to carry out a variety of activities which may require Section 106 review. Applicants for, or recipients of, Federal financial assistance from NPS should consult with the relevant program or regional office to understand any specific requirements to complete the Section 106 review prior to starting any Federally assisted activities.
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Construction is underway at the John Welsey work Home at Fisk University.
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The work in nearing completion. Funded by the American Recovery and Reinvestment Act.
Does Section 106 Apply to My Project?
The National Park Service provides Federal financial assistance to advance its mission to eligible applicants across the country through a variety of programs. Section 106 may apply depending on the type of activity being carried out with the Federal financial assistance.
An applicant should review the funding program’s compliance requirements and consult with the relevant NPS program staff to determine if, and when, the Section 106 process will be carried out as part of the Federal financial assistance process.
How Is Section 106 Implemented?
Select NPS financial assistance programs utilize program alternatives to carry out their Section 106 responsibilities, while other programs provide guidance regarding their Section 106 process through Notice of Funding Opportunities and grant manuals.
The Section 106 implementing regulations, “Protection of Historic Properties” (36 CFR Part 800) recognize that the federal agency may need the assistance of an applicant to coordinate the Section 106 review. The Section 106 regulations allow a federal agency to authorize an applicant to initiate consultation in a specific project or program, provided that the agency first notifies the relevant SHPO/THPO in writing of the authorization. This authorization may also occur through a Section 106 program alternative. Applicants should review specific program requirements to understand their role in assisting NPS to complete the Section 106 process.
Section 110(k) of the NHPA prohibits a federal agency from granting a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of Section 106, intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed such significant adverse effect to occur, prior to a Section 106 review. The Advisory Council on Historic Preservation developed an applicant toolkit to provide information and guidance on the Section 106 process to parties who are the recipients of, or are applying for federal licenses, permits, assistance, or approvals.
Section 106 Program Alternatives
Some NPS financial assistance programs developed a Section 106 program alternative to tailor their review process. These include the Nationwide PA for the Cultural Resources Grants and Financial Assistance Programs and the Nationwide PA for the American Battlefield Protection Program’s Grants.
Which Programs Require Section 106?
Learn more about NPS Federal Financial Assistance Programs requiring Section 106 reviews.
Last updated: September 18, 2024