Sections 106 and 404

Section 106 and 404

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What is Section 106?
Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires every federal agency to take into account
how its project activities will affect historic properties and, as part of the review process, to allow the State Historic Preservation Officer (SHPO) an opportunity to provide comment. Common projects include construction, rehabilitation, demolition, licensing, permitting, or transfer of federal property, etc. State and local governments using federal assistance
are also required to comply with the Section 106 review process.

Section 106 Regulations (36 CFR Part 800)
Regulations outlining the responsibilities of federal agencies and other parties under Section 106.

Section 106 Checklist/Guidelines
Instructions and checklist for submitting historic buildings/structures (non-archaeology) 106 projects for review.

Section 106 Flowchart
Single-page flowchart outlining the Section 106 process step-by-step.

Section 106 Citizens Guide
Brochure that explains the Section 106 process and the public’s role within that process.

Section 106 Training Opportunities
Links to workshops and other Section 106 training opportunities provided by a variety of organizations.

Section 106 Case Digest
A digest of current and archived prominent Section 106 cases throughout the country.

Section 106 Relation to Other Laws
Federal agencies have responsibilities under multiple laws that may influence the way they carry out their Section 106
duties; compliance with one or more of these other statutes does not substitute for compliance with ACHP's regulations.

Advisory Council on Historic Preservation (ACHP)
The ACHP is an independent Federal agency created by the NHPA and is the major policy advisor to the Government in the field of historic preservation; the ACHP provides guidance on Section 106 regulations.

Nationwide Programmatic Agreements
List of in-effect Nationwide Programmatic Agreements, including the FCC Nationwide PA.

Federal Preservation Officers
List of FPO’s and their contact information. Every agency has an FPO who coordinates preservation programs and
interaction with other agencies.

What is Section 404?
This is state law similar to Section 106. Utah Annotated Code 9-8-404, updated in 2006, requires State Agencies to take
into account how their expenditures or undertakings will affect historic properties and to provide the State Historic Preservation Officer (SHPO) a written evaluation of the project and an opportunity to comment.

Utah Code Annotated 9-8-404
Link to UAC Section 9-8-404 outlining State agency responsibilities. Requires state agencies to take into account how its expenditures or undertakings will affect historic properties and provide the SHPO an opportunity to comment.

Section 404 Instructions/Checklist
Instructions and checklist for assisting State agencies submitting projects for Section 404 review.

PCIFB Section 404 Instructions/Checklist
Instructions for agencies submitting information as part of their Permanent Community Impact Fund Board application.

Public Lands Policy Coordinating Office
A state office that is authorized under 9-8-404 to review comments made by SHPO and mediate disputes between a state agency and the SHPO.

Other Links and Information

Intensive Level Survey Form and Instructions
Standard operating procedures and information on how to research, document, and complete the Utah Historic Site Form
for Sections 106 and 404 related projects.

Reconnaissance Level Survey Form and Instructions
Information on how to complete a reconnaissance level survey for the Utah State Historic Preservation Office.

Consultant and Contractor Directory
The Utah Preservation Contractor Directory is to assist historic building owners locate professional consultants and
contractors who have expertise with historic buildings.

Utah Antiquities/Archaeology Link
Link to the Laws webpage of the Antiquities Section of the Utah Division of State History. If a project has the potential to disturb the ground or impact archaeological resources, please contact Deputy SHPO Matthew Seddon (contact information listed below).

Secretary of the Interior’s Standards for Rehabilitation
The Secretary of the Interior's Standards have been developed to guide work undertaken on historic buildings, including
those under the purview of Section 106.

National Register of Historic Places, Criteria
An historic property is any prehistoric or historic district, site, building, structure, or object included in (already listed) or
eligible for listing in the National Register of Historic Places. Eligible properties include those properties that aren’t listed
but meet the National Register criteria for listing.

Section 110 of the National Historic Preservation Act
National Park Service webpage highlighting Section 110, which specifies the broad range of obligations of Federal agencies with historic properties under their jurisdiction.

Executive Order 12072
Encourages Federal agencies to first utilize historic properties within urban areas when locating Federal facilities.

Executive Order 13006
Furthers the policy of Federal agencies utilizing historic properties for Federal facilities.

Local Laws and Ordinances
Please see our Certified Local Government (CLG) page for further information.

Contact Information

Chris Hansen
Preservation Planner
Utah Division of State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Phone: (801) 533-3561
E-mail: clhansen@utah.gov
Fax: (801) 533-3503

For UDOT-related projects, please contact:
Cory Jensen
Architectural Historian/National Register Coordinator
Utah Division of State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Phone: (801) 533-3559
E-mail: coryjensen@utah.gov
Fax: (801) 533-3503

If the project is disturbing the ground or has the potential to impact archaeological resources, please contact:
Matt Seddon
Deputy State Historic Preservation Officer/Archaeologist
Utah Division of State History
300 S. Rio Grande Street
Salt Lake City, Utah 84101
Phone: (801) 533-3555
E-mail: mseddon@utah.gov
Fax: (801) 533-3503

Not sure who to contact? Contact any of the above individuals and we will work to get you going in the right direction.