State-Specific Documentation Standards. The Section 106 regulations contain general standards for Section 106 documentation.24 These standards are often further supplemented by state-specific agreements, regulations, handbooks, or manuals. Individual SHPOITHPOs also may have expectations that are based on customary practices in that state, which may not be formally documented. While the customs of a SHPO/THPO are not binding on a Federal agency, compliance with those practices can help to facilitate expeditious reviews. If a project extends into two or more states, the applicant and lead Federal agency should consult with the applicable SHPO/THPOs to determine the documentation standards that will be followed for the project.
State, Local, and Tribal Laws. Many states have historic preservation laws patterned after the NHPA. Some of these state laws impose additional requirements and procedures, above and beyond those required by Section 106. For example, some state laws require permits for undertaking archeological fieldwork. Local governments and Indian tribes also may have historic preservation laws or other requirements. Project applicants should be familiar with any applicable state, local, or tribal requirements. In addition, certain Federal laws may apply to specific states, such as Federal laws that define Indian tribal lands in Alaska.
Statewide Programmatic Agreements. Many state DOTs have statewide programmatic agreements (PAs) that establish alternative procedures for meeting Section 106 requirements for transportation projects. For example, some states have PAs that allow historic preservation professionals within the state DOT to carry out some of the responsibilities assigned to the SHPO in the Section 106 regulations. For projects in a state with this type of PA, project applicants and consultants should follow the procedures in the PA. The recommendations in this Handbook may not all be applicable to projects governed by a stajewide PA.
State-Specific Practices. Within a given state, there may be customary practices that are widely followed without necessarily being documented in a specific agreement or set of procedures. These practices may involve issues such as the working relationship between the Federal agency and the project sponsor; the format of documents submitted from review by the SHPO (including paper vs. electronic); terminology and abbreviations used in Section 106 reports; and the amount of time allowed for review of various reports. Awareness of these state-specific practices will help to build a strong relationship with the SHPO and avoid unnecessary delays.
3 I Tribal Consultation
Duty to Consult with Tribes. Section 106 requires Federal agencies to consult with any Indian tribe that “attaches religious and cultural significance to historic properties that may be affected by an undertaking.” This requirement applies even if the historic Droperty is located outside tribal lands.25 The Federal agency must ensure that the tribe has “a reasonable opportunity to identify its concerns about historic properties, advise on the identification and evaluation of historic properties, including those of traditional religious and cultural importance, articulate its views on the undertaking’s effects on such properties, and participate in the resolution of adverse effects.”26 Specifically, the agency’s responsibilities include.AASHTO PH 06 pdf download.