Section 106 of NHPA requires Federal agencies to enter a four-step review process to consider the effects of its actions on historic properties. As a federal agency, FEMA must "take into account" the effects of our actions, or undertakings on historic properties and "afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on [FEMA] actions."
An "undertaking" is any project, activity or program funded in whole or in part with federal money or under the direct or indirect jurisdiction of a federal agency." If private, local or state money constitute the major funding source of the project and one federal dollar is involved, the project is federalized for the purposes of Section 106.
The historic preservation review process mandated by Section 106 is outlined in regulations issued by the Council. Revised regulations, "Protection of Historic Properties" (36 CFR Part 800), became effective August 5, 2004.
Section 106 Tribal Consultation
FEMA recognizes the nation-to-nation relationship between the U.S. government and federally recognized tribes. To acknowledge and honor the sovereignty of tribal nations, FEMA conducts regular and meaningful consultation and collaboration with tribal governments to ensure that FEMA policies and programs address tribal needs.
- Learn more about FEMA's Tribal consultation policies
- View the U.S. Advisory Council on Historic Preservation's guidance on consulting with Indian tribes in the Section 106 review process
- Find more resources at the National Association of Tribal Historic Preservation Officers