1. National Historic Preservation Act
Presentation 4: Section 106 Definitions, Continued

2. Analysis of Sec. 106 Definitions: National Register Undertaking
Advisory Council
State Historic Preservation Officer
Tribal Historic Preservation Officer

3. What is an undertaking?
§301(7): “Undertaking means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including –
Those carried out by or on behalf of the agency;
Those carried out with Federal financial assistance;
Those requiring a Federal permit, license, or approval; and
Those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency
Broad definition (identical to definition in the regs.)

4. Analysis of Sec. 106 Definitions: National Register Undertaking
Advisory Council
State Historic Preservation Officer
Tribal Historic Preservation Officer

5. Advisory Council on Historic Preservation
ACHP is an independent agency established by the NHPA to regulate Section 106
Advises the President on historic preservation
ACHP issues and enforces the Sec. 106 Regs: 36 CFR Part 800
Must be given the opportunity to comment in certain specified circumstances
Determines when the rules have been broken
Membership:
Chair (appointed by Pres. from the public)
Sec. of the Interior
Architect of the Capitol
Sec. of Ag. & four other Federal agency heads
A Governor appointed by the Pres.
A Mayor appointed by the Pres.
The President of the NCSHPO
Chair of the National Trust
Four experts appointed by the Pres in the fields of architecture, history, archaeology, and other appropriate disciplines
Three members of the general public, appointed by the Pres
One member of an Indian tribe or Native Hawaiian organization

6. Analysis of Sec. 106 Definitions: National Register Undertaking
Advisory Council
State Historic Preservation Officer
Tribal Historic Preservation Officer

7. State Historic Preservation Officer
Each state and territory has a “SHPO”
Part of the state program under which they can get federal preservation grants
In each state, the SHPO is different
May be state archaeologist or some random person appointed by the Governor
Normally, they have a staff and an office
Feds have to approve of the state program for it to be eligible for federal funding
Under the regs. SHPO has to be consulted by federal agency under specified circumstances;
They play a key role in Sec. 106 process, and federal agencies often defer to them

8. Analysis of Sec. 106 Definitions: National Register Undertaking
Advisory Council
State Historic Preservation Officer
Tribal Historic Preservation Officer

9. Tribal Historic Preservation Officer
Similar role to a SHPO, but for federally recognized Indian tribes
Consult either in lieu of or in addition to SHPO for Indian lands or for historic properties found on non-Indian lands but that have cultural significance to the tribe
Again, a very important party in the process

10. Indigenous participation
NHPA requires consultation with Federally recognized Indian Tribes
Including Alaskan Native villages and corporations
And Native Hawaiians
There are many tribes that are only state recognized
No consultation requirements
But SHPOs may want you to consult with them