SECTION 106 REGULATORY REVIEW

Section 106 of the National Historic Preservation Act (NHPA) as amended (54 U.S.C. 306108), requires Federal agencies to consider the effects of Federally funded projects on historic properties. Commonly known as Section 106, Regulatory Review, or Environmental Review, the process has three main goals:

1. Identify historic and prehistoric properties eligible for or listed in the National Register of Historic Places

2. Assess the effects of the undertaking on those properties

3. Seek ways to avoid, minimize, or mitigate any adverse effects on historic properties

Section 106 of the NHPA is administered by the Advisory Council on Historic Preservation (ACHP).

 

The Alabama Historical Commission only accepts Section 106 projects by email. 

Submit files via e-mail

  • To send files via e-mail, please use the following e-mail address: Section.106@ahc.alabama.gov.  Section 106 files sent to any other email address, including individual AHC addresses, will not be accepted and will not be considered “received” for Section 106 review.

  • Attachments must be limited to 19MB. Attachments for all first submissions must include a completed Project Review Consultation Form (available on our website at the link below) and all requested information, even if the submission is a cultural resources assessment report.  

Disclaimer: Digital submissions will receive an emailed acknowledgement of receipt when received and initially processed by our office, which will include the assigned AHC review number.  As per the guidelines of 36 CFR Part 800, the 30-calendar-day review period will begin when the acknowledgement of receipt is sent by our office.  If you do not receive an acknowledgement of receipt within 2-business-days (not including weekends or state holidays) of electronic submittal, it is the submitting agency’s responsibility to confirm receipt of the Section 106 consultation request.  AHC will not be responsible for time delays caused by SPAM filter or Antivirus quarantine.

Important Information

Please limit document content to information that is directly relevant to cultural resources review under Section 106 of the National Historic Preservation Act (54 USC 306108).     

 The Project Review Consultation Form is on our website here.  Please follow the instructions on the form and include all requested information.  If information is missing, the form will be returned.

Please name your files so that they can be easily identified.  If you know the AHC tracking number, be sure to use that in the file name.  Please be as specific as you can.  For example, rather than naming a file or set of files “Section 106 documents” or “Archaeology Report,” instead use “Demolition of 1234 Main Street, Jefferson County” or “Cultural Resources Assessment Report for Johnson Materials Pit, AHC 2020-0999.” Use Section.106@ahc.alabama.gov for official documents submitted for Section 106 review that will be included in the project file.  All other inquiries should be directed to individual e-mail addresses listed in the contacts section below, or as noted in AHC response letters.

 

 

FEDERAL AGENCY RESPONSIBILITIES

It is the federal agency’s responsibility to initiate consultation with the State Historic Preservation Office (SHPO) and to fulfill the requirements of Section 106, as codified in 36 CFR Part 800, Protection of Historic Properties. The SHPO is housed at the Alabama Historical Commission. We encourage agencies to contact us early in the project planning process, so comments can be incorporated saving time and money.

 

A federal undertaking can encompass a broad range of activities, including

  • action by the federal agency itself

  • granting of funds from a federal agency

  • permit approval by a federal agency

Examples of federal activities include:

  • construction

  • building rehabilitation and repair projects

  • demolition of structures

  • licenses

  • permits

  • loans and loan guarantees

  • grants

  • federal property transfers

Whenever one of these activities has the potential to affect historic or archaeological properties, a Section 106 review must be completed before any project activities take place.

ALABAMA HISTORICAL COMMISSION'S ROLE IN SECTION 106

As the State Historic Preservation Office, the Alabama Historical Commission has two main roles in the Section 106 process. First, we help federal agencies and their clients understand and follow the regulations governing Section 106. Second, we advise federal agencies and their clients to help ensure we have adequately identified and appropriately treated historic properties that may be affected by their projects.

APPLICANT'S ROLE

Because many federal agencies require the applicant or developer to assist in the environmental review process, you may be responsible for submitting information to the SHPO. If that is the case, you may find it helpful to reference the Section 106 Applicant Toolkit, which provides an overview of the steps in the review process and gives tips on how to be effective in your role as the applicant.

If the Federal agency has instructed you to get a letter from our office, please click here for step-by-step instructions.

CONTACTS

Amanda McBride, Environmental Review Coordinator, 334-230-2692, amanda.mcbride@ahc.alabama.gov

General project status: Nicole Johnson, 334-230-2673, nicole.johnson@ahc.alabama.gov

106 process and general archaeology questions: Amanda McBride, 334-230-2692, amanda.mcbride@ahc.alabama.gov

Archaeological issues and reports: Eric Sipes, 334-230-2667, eric.sipes@ahc.alabama.gov

Department of Transportation Projects: William Lowe, 334-230-2670, william.lowe@ahc.alabama.gov (Archaeology); Leanne Waller-Trupp, 334-230-2653, Leanne.trupp@ahc.alabama.gov (Architectural Resources)

Architectural resources: Leanne Waller-Trupp at 334-230-2653 or Leanne.Trupp@ahc.alabama.gov

Architectural surveys or survey forms: Hannah Garmon, 334-230-2644, hannah.garmon@ahc.alabama.gov

Appointments to research Survey & Registration files: Nicole Johnson , 334-230-2673, nicole.johnson@ahc.alabama.gov

Building rehabilitation: Chloe Mercer, 334-230-2669, chloe.mercer@ahc.alabama.gov