Section 106 of the National Historic Preservation Act (Public Law 89-665 U.S.C. 300101) requires federal agencies take into account the effects of their undertakings on historic properties. It is the responsibility of the federal agency involved in the project to initiate consultation with the Vermont Division for Historic Preservation (VDHP) as the State Historic Preservation Office (SHPO) and fulfill the requirements of Section 106.
For projects that are subject to Section 106 review, VDHP is a consulting party charged with advising and assisting federal agencies in carrying out their Section 106 responsibilities. Project review consists of evaluating the project's potential effects on historic buildings and structures, historic districts, historic landscapes and settings, and known or potential archeological resources. The Secretary of the Interior’s Standards for the Treatment of Historic Properties are used to evaluate proposed alterations to historic and cultural resources and make determinations of effect. VDHP will review project information submitted directly to our office by a federal agency, a recipient of federal funding, licenses or permits, or a qualified historic preservation consultant.
Applicants are encouraged to contact VDHP early and often in the project planning process. VDHP can assist in identifying historic and cultural resources in the project area and provide guidance on how to evaluate and avoid potential impacts to those resources. This will ensure protection of historic and cultural resources and save project time and money in the development of your project.
How do I begin consultation with SHPO for my project?
The Section 106 process is directed by the federal Advisory Council on Historic Preservation. For detailed information about the Section 106 process and the review process, please visit the Advisory Council on Historic Preservation website. The online version of A Citizen’s Guide to Section 106 Review is a good source of information about the program.
The Federal Emergency Management Agency (FEMA) recently held a series of trainings regarding the Section 106 process. Each training was recorded and can be viewed on YouTube at the session links below, along with their descriptions. If you have any questions, you may contact the Project Review Team at accd.projectreview@vermont.gov.
Session 1 from August 5, 2024
Session 1 is an overview of FEMA's Historic Preservation Compliance Framework including the following: FEMA's missions and Environmental Planning and Historic Preservation's (EHP) responsibilities; FEMA EHP applicability to FEMA Programs; and an overview of Historic Preservation Laws.
Session 2 from September 5, 2024
Session 2 is an overview of the four (4) steps of the Section 106 Process: Step 1 Initiate the Process; Step 2 Identify Historic Properties; Step 3 Assessing Effects; Step 4 Resolving Adverse Effect.
Session 3 from September 26, 2024
Session 3 is an overview of: special Federal Agency obligations; emergency situations, program alternative (alternative procedures, programmatic agreements, and FEMA’s prototype programmatic agreement); demonstration of FEMA’s Section 106 review process; an overview of FEMA’s consultation letters; after-the-fact reviews; and reviews of scope of work changes. The Stockbridge-Munsee Community’s Tribal Historic Preservation Officer (THPO) also provided a presentation on the Section 106 process from the Tribal perspective including the importance of government-to-government consultation and early notification of projects to avoid adverse effects.
Session 4 from October 24, 2024
Session 4 is an overview of the Section 106 process from the perspective of the State Historic Preservation Officer (SHPO) for Vermont. The SHPO stressed the importance to have an Area of Potential Effects (APE) that is large enough to encompass all direct and indirect potential effects; the need to communicate any changes in a scope of work so consultation can continue; the need for complete submittals and notification if something is not included but will be sent at a later date; and the need to utilize shared email inbox for the SHPO office when submitting a project for review to allow for timely review of the submittal.