How to Obtain a Section 106 Agreement

If you`re involved in a development project that has the potential to impact a historic property, you may need to obtain a Section 106 agreement. Section 106 refers to a provision of the National Historic Preservation Act that requires federal agencies to take into account the effects of their projects on historic properties and to provide the Advisory Council on Historic Preservation (ACHP) with the opportunity to comment on the project.

Here are some steps you can take to obtain a Section 106 agreement:

1. Determine if your project is subject to Section 106 review. This applies to any project that involves federal funds, permits, or licenses, as well as projects that are being carried out by a federal agency.

2. Identify the historic properties that may be affected by your project. This can include buildings, structures, landscapes, and archaeological sites. You may need to consult with local historical societies or other experts to help you identify these properties.

3. Consult with the State Historic Preservation Officer (SHPO) and/or the ACHP. These entities can provide guidance on how to assess the effects of your project on historic properties, and can help you develop a plan for mitigating any adverse effects.

4. Develop a Memorandum of Agreement (MOA) with the SHPO and/or the ACHP. The MOA will outline the steps you will take to mitigate any adverse effects on historic properties. This may include things like documentation, monitoring, or even changing the design of your project to avoid impacts on historic properties.

5. Implement the MOA and monitor your project to ensure compliance. You may need to work with contractors or other parties to ensure that the steps outlined in the MOA are being followed.

Overall, obtaining a Section 106 agreement can be a complex and time-consuming process. However, it`s important to ensure that your project is in compliance with historic preservation laws and regulations to avoid potential legal and reputational risks. By following these steps and working closely with the SHPO and/or the ACHP, you can help ensure that your project is successful and respectful of historic properties.