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I I A FIVE-MINUTE LOOK AT SECTION 106 REVIEW I I About the Section 106 review process I What is Secllon 106 review? This term refers to the Federal review process designed to ensure that historic properties are considered dur- ing Fcderal project planning and execution. The review process is ad- ministered by the Advisory Council on Historic Preservation, an independent Federal agency. I Who established SeclloD 106? The Congress did, as part of Ihe Nalional Historic Preservation Act of 1966 (NHPA), NHPA, strengthened and ex. panded by several subsequent amendments, today has become the cornerstone of this country's historic preservation policy, I I Why was Section 106 created? NHPA was enacted because of public con- cern that so many of our Nation's historic resources were not receiving adequate aUention as the Government sponsored much-needed public works projects. In the 1961Js, Federal preservation Jaw applied only to a handful of nalionally significant properties, and Congress recogni7.cd that new legislation was needed to protect the many other historic propcrties that were being harmed by Federal activities. I I What does NHPA say? Section 106 nf NHPA requires that evcry Federal agency 'take into account' how each of its undertakings could affect his- toric properlies, An agency must also afford the Council a rcasonable op- portunity to comment on the agency's project. I I Whal is a Federal "undertaking"? This term includes a broad range of Federal activities: construction, rehabilitation and repair projccts, demolition, licenses, permits, loans, loan guarantees, grants, Federal property transfers, and many other types of Federal involvement. Whenever one of these activities affects a historic property, thc sponsor- ing agency is obligated to seek Council comments. ,I I What Is a hisloric property? For purposes of Section 106, any property listed in or eligible for the National Register of Historic Placcs is con- sidered historic, I The National Register is this country's basic inventory of historic resour. ces and is maintained by the Secretary of thc Interior, The list includes buildings, struClures, objects, sites, districts, and archeological resources, The listed properties are Dol just of nationwide importance; most are sig. nificant primarily at the State or localleve!. It is important to note lhal the protections of Section 106 extend to properties that possess sig. nificance but have not yel been listed or formally determined eligible for listing. Even properties that have not yet bcen discovered (such as ar. cheological properties), but that posscss significance, are subjcctlo Scc- tion 106 review. 'I I I I