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Guidance for Citizens
Protecting Historic Properties with Section 106

Section 106 review is a powerful tool that citizens can use to influence federal decisions that will affect their community. The Section 106 regulations include a role for the public. When planning a federally assisted project, the federal agency or its representative must provide the public with information about an undertaking and its effect on historic properties and seek public comment and input. Members of the public may also provide views on their own initiative for the agency representative to consider in decision making.

Participating as a Consulting Party

Members of the public (individual’s and organizations) with a demonstrated interest in a federal project may participate in Section 106 review “due to the nature of their legal or economic relation to the undertaking or affected properties, or their concern with the undertaking’s effects on historic properties.” Your participation is subject to approval by the responsible federal agency. You may write a letter to the federal agency detailing your interest in the project and requesting consulting party status. Copy this letter to the Review and Compliance Coordinator at the SHPO. 

Consulting parties may choose to be informed of the Section 106 process for a federal project or may choose to participate fully in the identification of the area of potential effects (APE), the identification of historic properties, and the assessment of effects of the project on historic properties. Consulting parties should be prepared to meet the deadlines set by the federal agency for Section 106 review and provide information and comments within those deadlines. Consulting parties should participate in open communication throughout the Section 106 process.