The next checklist supplies direction around the applicant’s position within the standard Area 106 system when the applicant has not been approved from the federal company to initiate consultation:
Even though these concerns can aid in figuring out whether an enterprise exists, an applicant must keep in mind there are numerous other illustrations and kinds of projects which have been undertakings that have the likely to have an effect on historic Houses.
Even though the Segment 106 polices usually do not mandate a timeframe in which a federal agency must complete its evaluation, the federal company really should strategy for the time necessary to consult to solve adverse results to historic Attributes at the start of the undertaking preparing procedure. With regards to the situations and the consultation course of action, a federal company may conclude its Area 106 evaluate using a obtaining of “no historic properties affected” or “no adverse results to historic properties.” Should really the proposed undertaking pose adverse outcomes to historic Attributes, the agency must check with to make an effort to attain an agreement regarding how to take care of These adverse consequences.
The Segment 106 laws identify the federal agency might need the help of an applicant to coordinate the Section 106 evaluation. The regulations permit a federal company to authorize an applicant to initiate session in a particular undertaking or system, offered that the company initially notifies the suitable SHPO/THPO in producing on the authorization.
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An company might not delegate session with Indian tribes to an applicant Except if the affected tribes have agreed to these an arrangement ahead of time.
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It is important to notice which the limitations and obligations underneath Part 106 agreements could vary appreciably according to the details of the event and the requirements from the community planning authority.
Area 106 critique encourages, but won't mandate, a preservation consequence and acknowledges that in some cases there is no way to get a venture to continue with out influencing historic Attributes. Dependant on the knowledge gathered in the Portion 106 system, a federal agency may well make an knowledgeable selection to approve, alter, or deny a project.
The place adverse outcomes are located, consultation One of the agency, applicant, and consulting parties, such as the ACHP occasionally, is pursued to establish avoidance alternatives or mitigation steps to solve adverse outcomes.
Consulting get-togethers take part Together with the federal company while in the preparation of the arrangement doc, usually a Memorandum of Settlement (MOA) or Programmatic Arrangement (PA), which establishes the arranged actions to take care of the adverse result as well as roles and obligations of the agency as well as the consulting events. In case the signatories can't come to an arrangement, the agency must request and think about ACHP reviews. If an agreement is achieved, the company must put into action all arranged measures set forth in the resulting MOA or PA.
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All federal agencies beneath The manager department of your U.S. government are topic to the requirements of Part 106, together with independent regulatory agencies. Complying with Segment 106 can be a federal agency accountability and, when applicants may very well be questioned to execute some of the tasks for finishing a piece 106 evaluate, the federal company continues to be chargeable for all conclusions and determinations. Only when licensed by federal statute may well non-federal entities be delegated authorized accountability for Area 106 compliance.