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 Review and Compliance Information form.

On Oct. 1, 2022, the Missouri SHPO shifted from its paper-based submission system to an exclusively digital process for the submission of project materials for Section 106 or 110 review. Hard copy submissions will no longer be accepted from this date forward. All submissions should be emailed to MOSection106@dnr.mo.gov and must be accompanied by SHPO’s Review and Compliance Information Form. If a cultural resource investigation report is part of the submission, then you must also include the cover sheet (pg. 1) from the Cultural Resource Investigation Report Form.

You can find instructions for completing these forms at the following links:

Instructions for Review and Compliance Information Form
Instructions for Cultural Resource Investigation Report Form

A recording of our Webex training session on navigating the digital submission process can be viewed by clicking here.

The department uses PDF fillable forms. You will be able to save and reuse these forms; however, you will need Adobe Acrobat Reader 7 or higher to save the forms.

Steps for Submitting Projects to SHPO for Section 106 or 110 Review:

  1. Complete SHPO’s Review and Compliance Information Form. This form must accompany all Section 106 or 110 submissions. Applicants should attempt to complete the form in full, as  failure to provide the information requested on the form may result in SHPO requesting more information and, therefore, a delay in your project’s review.
  2. If your submission includes a cultural resources investigation report, you must also provide a completed copy of the “Cover Sheet” section (pg. 1) of SHPO’s Cultural Resource Investigation Form. Pages 2-3 of the Cultural Resource Investigation Form represent a “short form” that may be used to report on Phase I cultural resource surveys of 30 acres or less that resulted in negative findings (i.e., no archaeological or architectural resources were identified). When these conditions are met, the short form may be used instead of the standard, full-form narrative report.
  3. All other project materials should be provided as separate PDFs with the files named accordingly (e.g., Project Maps, Photographs, Scope of Work, Engineering/Construction Plans, etc.)
  4. Create a new email with the “To” address set to MOSection106@dnr.mo.gov and the following subject heading format: “Review Request – (SHPO project number (if previously assigned), any other associated project numbers, project title and/or address).” Example: Review Request – 002-CO-22, Sample Street Road Repairs, Jefferson City, Cole County.
  5. Attach the completed Review and Compliance Information Form, Cultural Resource Investigation Form and report (if applicable), and your other project material attachments to the email. Note: our system cannot receive emails exceeding 10 MB in size. If your submission contains large files, you may provide this information to our office via a large-file transfer service such as your organization’s FTP system, Dropbox, Google Drive, etc. If your organization does not have access to a large-file transfer service you may request that SHPO sends you an FTP upload request from the State of Missouri system. See instructions for making this request on the Review and Compliance Information Form.
  6. Press “Send” to email your project submission to SHPO. Upon receiving your email, the SHPO email system will automatically reply with an email acknowledging the receipt. Projects received during business hours will be marked as received that day and the 30-day review period will begin at that time. Projects received outside of business hours will be logged the next business day and the 30-day review period will begin at that time.

Any questions you may have about the submission process may be sent to MOSection106@dnr.mo.gov, or you may call 573-751-7858.

Additional Guidance: