SECTION 106 CONSULTATION – YOUR RIGHTS AND RESPONSIBILITIES
Under Section 106 of the National Historic Preservation Act (Section 106) ( https://www.achp.gov/digital-library-section-106-landing/section-106-regulations
), consultation means the process of seeking, discussing, and considering the views of others, and, where feasible, seeking agreement with them on how
historic properties should be identified, considered, and managed.” Consultation is built upon the exchange of ideas, not simply providing information.
As part of the Section 106 process, the Federal Highway Administration (FHWA) and Pennsylvania Department of Transportation (PennDOT) work with consulting parties.
Consulting parties include: the State Historic Preservation Officer (in Pennsylvania they are part of the Pennsylvania Historical and Museum Commission),
Federally-recognized Indian Tribes and Nations, local governments, as well as other individuals and organizations with what the federal regulations implementing
Section 106 (found at 36 CFR Part 800) call a “demonstrated interest” in the project. Demonstrated interest may include a legal or economic relation to the undertaking or
affected properties, or concern with the undertaking’s effects on historic properties.
Consultation does not mandate a specific outcome. Rather, it is the process of seeking views on the project’s effect on historic properties and,
if adverse effects cannot be avoided how those effects should be resolved through minimization and/or mitigation.
PennDOT is required to involve the public in the Section 106 process. Individuals and organizations may submit a request to become a consulting party or may
simply participate at any point as a member of the public. PennDOT, in consultation with the State Historic Preservation Office (SHPO), evaluates requests to participate as a
consulting party and will alert the group or individual once approved.
By participating as a consulting party on a transportation project, your input will be considered early in the design process and may affect PennDOT’s treatment of the
historic property. As a consulting party, PennDOT will actively inform you of steps in the Section 106 process and will consider your comments during the project development process.