The National Historic Preservation Act of 1966 (NHPA), as amended through 2000, established a program for the preservation of historic properties throughout the United States. Section 106 of the NHPA requires federal agencies to consider the effects of their activities on historic properties. The purpose of enacting NHPA by Congress was to preserve the cultural and historic resources of the United States. Due to the importance of such long-term preservation, NHPA requires that federal decision-makers consider historic properties during project planning.
'Section 106' Review
Essential to NHPA is the "Section 106 review," which requires federal agencies to evaluate the impacts of federally funded or permitted projects on historic properties. Agencies comply with Section 106 by following regulations issued by the Advisory Council on Historic Preservation (ACHP) as well as their own internal guidelines. Section 106 of the NHPA requires federal agencies to take into account the effects of undertakings they carry out, assist, fund, or permit on historic properties.
The process provides for participation by the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO), Advisory Council on Historic Preservation, tribal, state, and local governments, Indian tribes and Native Hawaiian organizations, applicants for federal assistance, permits, or licenses, representatives from interested organizations, private citizens, and the public. Federal agencies and consulting parties strive to reach agreement on measures to avoid, minimize, and mitigate adverse effects on historic properties and to find a balance between project goals and preservation objectives.
In addition, Section 110 of NHPA governs federal agency programs by providing for consideration of historic preservation in the management of properties under federal ownership or control. Among other things, agencies must assume responsibility for the preservation of historic properties under their jurisdiction and, to the maximum extent feasible, use historic properties available to the agency.
VA will initiate consultation under Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, after a proposed development is submitted and approved.