Federal agencies are responsible for initiating Section 106 consultation, involving consulting parties and the public, and completing the steps in the process as outlined in 36 CFR Part 800. Section 106 requires that federal agencies take historic properties into consideration, but it does not necessarily dictate a preservation-oriented outcome. After considering the views of consulting parties through the Section 106 process, the federal agency is ultimately responsible for determining whether to proceed with a given project.
Some federal agencies transfer certain Section 106 responsibilities to others. For example, applicants for federal financial assistance or federal permits may be required to provide information about the project directly to the SHPO. In the case of the U.S. Department of Housing and Urban Development, responsibility for Section 106 is fully borne by local governments that receive HUD assistance; please see the HUD Guidance Memorandum under Guidance and Agreement Documents for more details.
The NHPA created the Advisory Council on Historic Preservation (ACHP), an independent federal agency in the executive branch that oversees the implementation of Section 106, among other responsibilities. Federal agencies must give the ACHP a reasonable opportunity to comment on their undertakings as part of the Section 106 process. The ACHP rarely enters into consultation for specific undertakings but must be notified of any adverse effects to historic properties. Please see the ACHP website for more information.
The NHPA requires the governor of every state to appoint a State Historic Preservation Officer (SHPO) to administer a preservation program in the state. The SHPO consults with federal agencies during Section 106 review and represents the interest of the state in preserving its cultural heritage. In Texas, the SHPO is the Executive Director of the Texas Historical Commission (THC). Please see How the THC Reviews Projects and What to Send for a Project Review for further details on how to coordinate with our office.
Federal agencies are required to consult with federally recognized Indian tribes that may attach religious and cultural significance to a historic property. The Section 106 regulations also provide for a federally recognized tribe to appoint a Tribal Historic Preservation Officer (THPO) to consult directly with federal agencies during Section 106 review. Please review our Guidelines for Tribal Consultation for information on the tribal consultation process, tribal contacts, and areas of interest.
A representative of a local government with jurisdiction over the area in which the effects of a project may occur is entitled to participate as a consulting party in the Section 106 process.
Applicants for federal assistance, permits, licenses, and other approvals are also entitled to participate as consulting parties in the Section 106 process. The federal agency may authorize applicants to initiate consultation but remains legally responsible for ensuring the process is followed prior to granting federal assistance.
Additional consulting parties may include individuals and organizations with a demonstrated interest in a project. In Texas, communities may have multiple commissions and organizations with a vested interest in historic preservation. Each county in Texas is required by state law to have a County Historical Commission (CHC), which is an official body of county government. Many Texas municipalities also have a local historic preservation officer and landmark commission. Historic downtown commercial districts may participate in the Texas Main Street Program, and the local Main Street manager would be interested in projects in the Main Street district. Some communities may also have local or regional non-profit preservation organizations. The federal agency should identify and consider including all of these entities in the consultation process, when appropriate.
The federal agency must also provide an opportunity for the public to comment. The views of the public are essential to informed decision-making in the Section 106 process, and it is incumbent upon the federal agency to seek and consider the views of the public in a manner that reflects the nature and complexity of the undertaking and its effects on historic properties. The federal agency must provide the public with information about the project and allow the public to comment.