Applicable Laws and Guidance

Section 106 of the National Historic Preservation Act and its implementing regulations at 36 CFR Part 800(PDF) require Federal agencies to consider historic resources in the planning and execution of their projects.  As the State Historic Preservation Office, BHP advises and assists federal agencies in carrying out their responsibilities under Section 106 through the environmental review process. The Advisory Council on Historic Preservation, the independent federal agency responsible for oversight of the Section 106 process, provides useful online Section 106 guidance, archaeology guidance, and Section 106 training.

The State History Code is the applicable state law and applies to the following types of projects:

• Projects on Commonwealth land or involving Commonwealth property
• Projects requiring state licensing, funding, or permitting
• Projects being undertaken by Commonwealth agencies or instrumentalities of the state

To ensure consistency for projects with both federal and state involvement, BHP follows the Section 106 process in the review of state actions. In addition, some local jurisdictions  administer their own historic preservation review process. While local reviews are handled independently, they may generate helpful information to inform state and federal reviews. BHP encourages state and federal agencies to coordinate the local review process with municipalities in advance of Section 106 consultation, where applicable.