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Section 106 for Archaeological Properties
Section 106 of the National Historic Preservation Act of 1966 requires every Federal agency to "take into account" how
its projects will affect historic properties, which includes prehistoric and historic ruins. Activities include construction,
rehabilitation, demolition, licenses, permits, loan guarantees, transfer of federal property, etc. State and local governments using federal assistance are also required to comply with Section 106 Review.
WHAT DETERMINATIONS NEED TO BE MADE?
The federal agency, or its agent, is required to consult with the State Historic Preservation Office (SHPO) on its
determinations of eligibility, effect, and mitigation:
ELIGIBILITY refers to whether a site is eligible for listing on the National Register of Historic Places. Properties already
listed on the National Register are, of course, "eligible." Properties not yet listed are considered eligible if they meet the following criteria:
- Age - 50 years old or older, and Research Potential - Sites can yield information important in prehistory or history.
If the site is 50 years old or older and has integrity, it would be determined an Eligible Historic Property. If there are no properties in the project area, or if the site is less than 50 years old, or if the site lacks integrity, this would be a
determination of No Historic Properties.
EFFECT refers to the impact the work will have on the site. Effect must be determined only for eligible properties. There
are three possible effects:
- No Effect - Only minor changes are being proposed, e.g., planning, minor construction.
- No Adverse Effect - More substantial work that meets Secretary of the Interior Standards.
- Adverse Effect - Work that will damage or diminish the historic integrity of the property, or research potential.
In most cases archaeological sites that are affected by projects are determined to be not adversely affected if the historic property is of value only for its potential contribution to archaeological or historic research, and the information can be preserved through conduct of appropriate research.
WHAT SHOULD BE SENT WHEN CONSULTING WITH THE SHPO?
- A letter asking for the SHPO to concur with the federal agency's determinations of eligibility and effect. The agency should make their own determinations and not ask the SHPO to make the initial evaluation.
- Locational information in township and range with attached USGS map.
- A description of the project to explain project impacts.
- Research design.
- Known archaeological information
WHAT HAPPENS AFTER THE SHPO REVIEWS THE PROJECT AND CONCURS WITH ONE OF THE FOLLOWING DETERMINATIONS?
- No Historic Property or No Effect: You are finished with the Section 106 Review consultation process.
- No Adverse Effect: The Advisory Council on Historic Preservation (Council) is contacted by the federal agency.
If they concur with the determination of "no adverse effect," the agency may proceed with the project. This may
take an additional 30 days. If a property is only eligible for the information it contains, a data recovery plan is
needed before excavation can begin, and if accepted, the effect is determined not to be adverse as outlined by 36 CFR800.9(c),(1). - Adverse Effect: The agency enters into a "Memorandum of Agreement" (MOA) to mitigate the adverse effect or
submits a research design to mitigate adverse effects through proper recovery. The MOA is signed by the agency
and the SHPO. and the Advisory Council. The MOA is submitted to the Advisory Council by the federal agency along
with a description of the project and what alternatives were considered to avoid the "adverse effect." The Advisory Council has 30 days to review the project and decide if they are willing to sign the MOA. Once the MOA is signed,
the documentation should be completed and accepted by the designated repositories before the project begins.
NEED MORE INFORMATION?
State Historic Preservation Office (SHPO)
Utah Division of State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Barbara Murphy, Historic Preservation Review (801) 533-3563 or
Matthew Seddon, Archaeological Review (801) 533-3555
Advisory Council on Historic Preservation
12136 West Bayaud Avenue, Suite 330
Lakewood, CO 80226
Phone (303) 231-5320
Section 404 Review For Archaeolocial Properties
Section 9-8-404 of the Utah Code Annotated requires state agencies to "take into account" how its activities will affect historic properties. Activities include construction, rehabilitation, demolition, licenses, permits, loan guarantees, transfer of state property, etc.
WHAT DETERMINATIONS NEED TO BE MADE?
Identify and evaluate historic properties:
The state agency responsible for an undertaking begins by identifying the archaeological properties the undertaking may affect. To do this, the agency first reviews background information and consults with the State Historic Preservation Officer (SHPO) and others who may know about historic properties in the area. Based on this review, the agency determines what additional surveys or other field studies may be needed, and conducts such studies.
The state agency is required to consult with the State Historic Preservation Office (SHPO) on its determinations of eligibility and effect:
ELIGIBILITY refers to whether a site is eligible for listing on the National Register of Historic Places. Properties already
listed on the National Register are, of course, "eligible." Properties not yet listed are considered eligible if they meet the following criteria:
- Age - 50 years old or older, and Research potential - Sites can yield information important in prehistory or history.
- Integrity - Retain most of their original appearance without major changes to the sites. Neglect does not necessarily mean the site lacks integrity.
If the site is 50 years old or older and has integrity, it would be determined an Eligible Historic Property. If there are no properties in the project area, site or if the site is less than 50 years old or if the site lacks integrity, this would be a determination of No Historic Properties.
EFFECT refers to the impact the work being funded will have on the site. Effect must be determined only for eligible properties. There are three possible effects:
- No Effect - Only minor changes are being proposed, e.g., planning, minor construction.
- No Adverse Effect - More substantial work that meets the "Secretary of the Interior's Standards for Recovery."
- Adverse Effect - Work which will damage or diminish the historic integrity of the property, or research potential,
which does not meet the "Secretary of the Interior's Standards for Recovery."
WHAT SHOULD BE SENT WHEN CONSULTING WITH THE SHPO?
- A letter asking for the SHPO to concur with the state agency's determinations of eligibility and effect. The agency
should make their own determinations and not ask the SHPO to make the initial evaluation. - Locational Information in township and range with attached USGS map.
- A description of the project to explain project impacts.
- Research design.
- Known archaeological information.
WHAT HAPPENS AFTER THE SHPO REVIEWS THE PROJECT AND CONCURS WITH ONE OF THE FOLLOWING DETERMINATIONS?
- No Historic Property or No Effect: You are finished with the Section 404 Review consultation process.
- No Adverse Effect: You are finished with the Section 404 consultation.
- Adverse Effect: The agency enters into a "Memorandum of Agreement" (MOA) to mitigate the adverse effect, or
submits a research design to mitigate adverse effects through proper recovery. The MOA is signed by the agency,
the SHPO and the Advisory Council. The MOA is submitted to the Advisory Council by the federal agency along with
a description of the project and what alternatives were considered to avoid the "adverse effect." The Advisory
Council has 30 days to review the project and decide if they are willing to sign the MOA. Once the MOA is signed,
the documentation should be completed and accepted by the designated repositories before the project begins.
NEED MORE INFORMATION?
State Historic Preservation Office (SHPO)
Utah Division of State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Barbara Murphy (533-3563) or Matthew Seddon (533-3555)