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Section 106 Quick Links
The primary duty of the Historic Structures Review Section and the Archaeology Section is to process reviews of certain types of projects that have federal involvement, in order to insure that the work does not significantly and unnecessarily alter, damage, or destroy both above and below-ground historic and/or cultural resources in Indiana. Questions regarding the review process as it pertains to buildings, structures, objects, and districts should be directed to the Historic Structures Review Section of DHPA. Questions about the review of archaeological sites should be directed to the Archaeology Section, which performs a similar review for work potentially affecting below-ground resources.
Frequently Asked Questions
What Federal actions trigger Section 106 review?
What properties are considered under Section 106?
What kinds of effects must Federal agencies consider?
How can I get involved in the Section 106 process?
A review under Section 106 of the National Historic Preservation Act encourages, but does not mandate preservation. Sometimes there is no way for a needed project to proceed without harming historic properties. Section 106 review does, however, ensure that preservation values are factored into Federal agency planning and decisions. Because of Section 106, Federal agencies must assume responsibility for the consequences of their actions and be publicly accountable for their decisions.
Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470f) and the federal regulations that implement Section 106 (36 C.F.R. Part 800) require that whenever any federal agency proposes to conduct, fund, license, grant a permit for, or otherwise approve an undertaking (a program, project, or activity) that by its nature has the potential to affect historic properties, the federal agency must conduct a review of the proposed project's effects in conjunction with the State Historic Preservation Officer and, under certain circumstances, with another federal agency, the Advisory Council on Historic Preservation (the Council), and other interested individuals or organizations, called consulting parties. If there are historic properties that will be affected, then the federal agency must take into account the undertaking's effects on historic properties before approving the undertaking and give the Council a reasonable opportunity to comment on the federal agency's findings. Section 106 is not a permitting process; rather, it is a process of good faith consultation and comment.
An historic property is one that is either listed in or eligible for inclusion in the National Register of Historic Places. Determining whether or not a particular property is historic is part of the Section 106 review process. The necessity for conducting the Section 106 review is based on the existence of a federal connection to the undertaking and the hypothetical potential of the undertaking to affect historic properties, if any such properties exist within the area of potential effects (APE). For Section 106 to apply, it is not necessary that it be known at the outset whether or not there are historic properties within the APE.
By state law in Indiana, the director of the Department of Natural Resources (DNR) is the State Historic Preservation Officer (SHPO). The director of the DNR Division of Historic Preservation and Archaeology is the Deputy SHPO. Most of the day-to-day work of the Indiana SHPO is performed by the staff of the DNR DHPA. Within the DHPA, the Archaeology Section and the Historic Structures Review Section share the Section 106 review work.