Section 106 regulations at 36 CFR 800.14 allow federal agencies to establish specific measures for implementing the review process. These alternatives may take the form of alternate procedures, programmatic agreements, or program comments, among others. The Advisory Council on Historic Preservation (ACHP) maintains information on nationwide program alternatives.
Further, the THC has entered into programmatic agreements to guide consultation on projects in Texas. Please consult the following list of active agreements prior to submitting a project for review, to ensure that the proper review process for your agency or project is followed:
- Federal Emergency Management Agency (FEMA)
This agreement with FEMA and the Texas Division of Emergency Management provides for expedited review of emergency response following a presidentially declared disaster and also covers non-emergency coordination of hazard mitigation grant programs. - Texas General Land Office (GLO)
This agreement with the Texas General Land Office, who administers U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Disaster Recovery (CDBG-DR) programs, provides for expedited review of emergency response following a presidentially declared disaster. - Texas Department of Transportation (TxDOT)
This agreement covers federally funded projects administered by the Texas Department of Transportation (TxDOT) and/or the Federal Highway Administration (FHWA). - Texas Department of Agriculture (TDA), Office of Rural Affairs
This agreement covers the Texas Community Development Block Grants (TxCDBG) program, a federal program administered by the Texas Department of Agriculture (TDA) on behalf of the United States Department of Housing and Urban Development (HUD). - U.S. Department of Defense (DOD)
The DOD has created internal policies in the document Instruction 4715.16: Cultural Resources Management, which requires that each installation develop an Integrated Cultural Resource Management Plan. Further, the ACHP has issued multiple program comments for the DOD and its branches, and the Army makes use of alternate procedures, all of which are available via the ACHP link above. In addition, the THC has entered into programmatic agreements for consultation at Fort Bliss in El Paso and Joint Base San Antonio, which encompasses Fort Sam Houston, Lackland Air Force Base, and Randolph Air Force Base. - U.S. Department of Energy (DOE)
This agreement covers DOE grant programs, including the Energy Efficiency and Conservation Block Grant Program (EECBG), State Energy Plan (SEP), and Weatherization Assistance Program (WAP). In Texas, the State Energy Conservation Office (part of the Texas Comptroller of Public Accounts) administers EECBG and SEP grants to county and municipal governments, while the Texas Department of Housing and Community Affairs administers WAP grants for the weatherization of homes. The DOE agreement is an umbrella for state-level agreements with these agencies and makes their terms applicable to direct recipients of DOE grants. For more information, see the applicable guidance documents, above. - U.S. Department of Housing and Urban Development (HUD)
The THC has multiple agreements pertaining to HUD-funded programs. In most cases, HUD has delegated its responsibility for Section 106 compliance to the state or local government receiving HUD funds. The THC has entered into agreements with the Texas General Land Office (GLO) for Community Development Block Grant Disaster Recovery (CDBG-DR) funds, Texas Department of Rural Affairs (TDRA), and other HUD-funded programs. For all other entities administering HUD funds, please see the Guidance Memorandum, above.
Project-specific agreements exist in addition to the agreements enumerated above. For more information or to obtain a copy of a programmatic agreement applicable to your project, please contact the appropriate reviewer for your agency or region.