National Historic Preservation Act
54 U.S.C. §§ 306107-306108 36 CFR §§ 800.1– 800.16
(54 U.S.C. §§ 306107-306108) and (ACHP)(36 CFR §§ 800.1– 800.16).
The National Historic Preservation Act (NHPA) and Advisory Council on Historic Preservation (ACHP) regulations require federal agencies to take into account the effects of their undertakings on historic properties. Both the NHPA and ACHP regulations define an undertaking as 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. For those projects subject to Commission approval, NCPC has an obligation to comply with the procedural requirements of the NHPA and ACHP’s regulations.
NCPC typically participates in the NHPA-mandated “Section 106 Consultation Process” (so named because it was established by Section 106 of the NHPA) as a consulting party. This means NCPC actively participates in the process but is not the lead agency. Under some circumstances, NCPC must conduct the Section 106 Consultation Process as the lead agency. This occurs for non-federal agency projects requiring Commission approval (NHPA only applies to federal agencies) or for NCPC derived plans focused on a specific geographic area with detailed recommendations that render evaluation of historic impacts possible.
The Section 106 consultation process generally consists of four steps: (1) initiation of the process and establishment of the undertaking; (2) identification of historic properties; (3) assessment of adverse effects; and (4) the resolution of adverse effects.
Section 106 Consultation Memorandum
In meeting its Section 106 obligations, NCPC reviews building exteriors, and in some instances, interior components related to the exterior components subject to NCPC’s review. The rationale for review of interior components is explained in the Memo above.
