Section 106 Review

Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies must consider the effect of their actions on historic properties and provide the federal Advisory Council on Historic Preservation (ACHP) the opportunity to comment on proposed actions. Each State Historic Preservation Office (SHPO) plays a critical role in the Section 106 process. As set out in Sections 101(b)(3) and 101(d) of the NHPA, they “consult, advise, and assist” federal agencies in carrying out the agency’s Section 106 responsibilities. Under Section 101(b)(9)(a) of the NHPA, SHPOs have a responsibility to “consult with appropriate Federal agencies . . . on Federal undertakings that may affect historic property.” Pursuant to these authorities, SHPOs annually review more than 110,000 federal undertakings. While the SHPO participates in the Section 106 consultation process, it is the federal agency that bears the responsibility for initiating various steps in the process. Although the federal agency may use the services of applicants, consultants or designees to prepare information, analyses and recommendations, the federal agency remains legally responsible for all required findings and determinations.

To successfully complete Section 106 review, federal agencies must:

  • Gather information to decide which properties in the project area are listed in or eligible for listing in the National Register of Historic Places.

  • If so, determine how these historic properties might be affected.

  • Explore alternatives to avoid or reduce harm to historic properties.

  • Reach agreement with the SHPO (and the ACHP in some cases) on measures to deal with any adverse effects or obtain advisory comments from the ACHP, which are sent to the head of the agency.

When historic properties will be harmed, Section 106 review usually ends with a legally binding agreement that establishes how the Federal agency will address the adverse effects. In the few cases where this does not occur, and the ACHP issues advisory comments, the head of the Federal agency must consider the comments in making a final decision.

For more detailed information on Section 106, visit the ACHP website listed above.

Training

The Missouri SHPO has produced a series of training videos related to the 4-step process of Section 106 compliance and a discussion of best practices for consulting with our office. You can access these videos by following this link.

Some national organizations regularly offer valuable training on Section 106 and other historic preservation topics that range from hour-long webinars to day-long or multi-day workshops. To explore some of these training opportunities, please consult the websites of the following organizations:


Initiate Review

PLEASE NOTE: If your project represents an “emergency situation” as defined in 36 CFR § 800.12, please request an expedited review by calling our office at 573-751-7858. Please also be sure to note the emergency status of your project in the “Project Name” field when completing our Section 106 Project Information form.

To initiate Section 106 review in Missouri, the federal agency or its agent/consultant must submit a Section 106 Project Information Form (see below). For guidance on finding and hiring a consultant, click here. Section 106 forms, instructions and regulations are available below as downloadable PDF files. The editable forms cannot be submitted online, but are offered as a convenient way to fill out and print the document. The completed document must then be signed and mailed in together with the required supplemental material.

The department has changed all fill-in forms to PDF fill-in. You will be able to save and reuse these PDF forms. However, you will need Adobe Acrobat Reader 7 or higher to save the PDF fill-in form. Also, at this time SHPO does not accept digital signatures. If your Acrobat Reader prompts you to use one, we ask that you don't.

The following materials are provided to facilitate the successful completion of the 106 process: