The goal of the National Historic Preservation Act (NHPA), which established the Advisory Council on Historic Preservation (ACHP) in 1966, is to have federal agencies act as responsible stewards of our nation's resources when their actions affect historic properties.
Two tenets of the Act that are especially notable:
- An Advisory Council on Historic Preservation (ACHP), the first and only Federal entity created solely to address historic preservation issues, was established as a cabinet-level body of Presidentially appointed citizens, experts in the field, and Federal, State, and local government representatives, to ensure that private citizens, local communities, and other concerned parties would have a forum for influencing Federal policy, programs, and decisions as they impacted historic properties and their attendant values.
- Section 106 of NHPA granted legal status to historic preservation in Federal planning, decision-making, and project execution. Section 106 requires all Federal agencies to take into account the effects of their actions on historic properties, and provide ACHP with a reasonable opportunity to comment on those actions and the manner in which Federal agencies are taking historic properties into account in their decisions.
Section 106 of the National Historic Preservation Act
Section 106 Regulations (in PDF)
Text of ACHP's regulations, "Protection of Historic Properties" (36 CFR Part 800) (incorporates amendments effective Aug. 5, 2004).
Section 106 applies when two thresholds are met: 1) there is a federal or federally licensed action, including grants, licenses, and permits, and 2) that action has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places.
Section 106 requires each federal agency to identify and assess the effects of its actions on historic resources. The responsible federal agency must consult with appropriate state and local officials, Indian tribes, applicants for federal assistance, and members of the public and consider their views and concerns about historic preservation issues when making final project decisions.
Effects are resolved by mutual agreement, usually among the affected state's State Historic Preservation Officer or the Tribal Historic Preservation Officer, the federal agency, and any other involved parties.