Section 106 of NHPA requires Federal agencies to enter a 4-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.
What is an Undertaking?
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.
The Section 106 4-Step Process:
- Step 1: Initiate the Process
- Step 2: Identify and Evaluate Historic Properties
- Step 3: Assess Adverse Effects
- Step 4: Resolve Adverse Effects