National Historic Preservation Act of 1966

Section 106 of the NHPA

Crucial to the preservation of the historical and cultural foundations of the nation, Section 106 of the NHPA and its implementing regulations, 36 C.F.R. Part 800 (revised August 5, 2004) require Federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties. Additionally, Federal agencies must provide the Advisory Council on Historic Preservation (ACHP) opportunity to comment on such projects prior to the agency’s final decision.

A Federal project that requires review under Section 106 is defined as an "undertaking." An undertaking means a project, activity or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license, or approval.
If the Federal agency determines the undertaking has the potential to adversely affect historic properties, the agency must make a reasonable and good faith effort to consult with interested Federal and state agencies, American Indian Tribes, the public, as well as the State Historic Preservation Office and/or the associated Tribal Historic Preservation Office to identify possible historic properties located in the Area of Potential Effects (APE). This identification effort often includes a new survey or inventory to locate and identify previously unrecorded prehistoric or historic properties. All properties identified in the survey or inventory effort are then evaluated by the agency to determine whether they are eligible for listing in the National Register of Historic Places (NRHP) by using the National Register of Historic Places Criteria for Evaluation. All eligibility findings are determined in consultation with the State Historic Preservation Office/Tribal Historic Preservation Office and any American Indian Tribe or interested party that attaches cultural or religious significance to the impacted properties.

If the agency determines that the undertaking will have an unavoidable adverse effect on one or more NRHP-eligible historic properties, the agency consults further with the required and appropriate parties to establish necessary mitigation strategies. The agency may then enter into a Memorandum of Agreement (MOA) or Programmatic Agreement (PA) with consulting parties to formalize the agreed-upon mitigation measures.

The Montana State Antiquities Act and the Montana SHPO's Administrative Rules, A.R.M. 10.121.901 through 10.121.916, address the responsibilities of the Montana SHPO and other state agencies regarding historic and prehistoric sites (i.e. buildings, structures, paleontological sites and archaeological sites) on state-owned lands. Each state agency is responsible for establishing rules and procedures regarding the preservation of historic resources under their jurisdiction.

In 2011, the 62nd Legislature of Montana passed Senate Bill 3, amending Sections 22-3-422, 22-3-423, 22-3-424 of the Montana State Antiquities Act. The revised sections require state agencies and the Montana university system to submit a biennial report to the Preservation Review Board on their stewardship, as well as the status and maintenance needs of the agencies’ heritage properties.
 

• the name of the responsible Federal agency and how it is involved;
   
• a description of the project;
   
• the historic properties involved; and
   
• a clear statement of your concerns about the project and its effect on historic properties.

General ACHP Contact Information:

Mail: Old Post Office Building
1100 Pennsylvania Avenue, NW, Suite 803
Washington, DC 20004

Phone: (202) 606-8503
Fax: (202) 606-8647
Email: achp@achp.gov
Website: www.achp.gov