Cataldo Mission, the oldest standing building in Idaho, was opened for services in 1853 by Jesuit missionaries working with the Coeur d'Alene Tribe. It is one of only eleven National Historic Landmarks in Idaho.

--National Historic Preservation Act of 1966, as amended, Section 1

The 1966 National Historic Preservation Act (NHPA) declared that the preservation of our irreplaceable heritage was in the Nation's interest and called upon Federal agencies to partner with States, Indian Tribes, local governments, and the public in a spirit of stewardship. Section 106 of NHPA specifically requires Federal agencies to consider the effects of their undertakings on historic properties. To do so, Federal agencies must complete the Section 106 Review process during project planning. The review process is described in the Federal regulations 36CFR800.

This guidance is intended for use by either non-agency or agency personnel who lack expertise in historic preservation but are required to consult with, and prepare Section 106 documentation for, the Idaho State Historic Preservation Office (ISHPO). Questions about the review process can be directed to Suzi Neitzel, Deputy SHPO, at 208-334-3847, Ext. 107.

Young volunteers assist with an archaeological excavation at the Rock Creek Store, an Oregon Trail wayside near Twin Falls, Idaho. The Idaho State Historic Preservation Office sponsored the project.

For a more comprehensive understanding of the Section 106 Review process, the Advisory Council on Historic Preservation offers training several times a year at various locations around the country. They also post the 106 Review process regulations (36CFR800), a user's guide, questions and answers, and case studies on their website http://www.achp.gov.

This document has been financed, in part, with federal funds from the National Park Service, U.S. Department of the Interior, and administered by the Idaho State Historical Society. However, the contents and opinions do not necessarily reflect the views or policies of the agencies.

This program received federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of Interior prohibits discrimination on the basis of race, color, national origin, or disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C St. N.W., Washington D.C. 20240.

Frequently Asked Questions

What is Section 106 Review?
Section 106 Review refers to the Federal review process designed to ensure that historic properties are considered during Federal project planning and implementation. The Advisory Council on Historic Preservation, an independent Federal agency, administers the review process, with assistance from State Historic Preservation Offices.

Who established Section 106?
Congress established Section 106 as part of the National Historic Preservation Act (NHPA) of 1966. Strengthened and expanded by several subsequent amendments, NHPA today is the cornerstone of the nation's historic preservation policy.

The Section 106 Review process was successful in producing an alternative to demolition and salvage when the famous Camas Prairie Railroad was abandoned. Only 44 miles long, the rail line boasts the largest concentration of timber railroad bridges, trestles and tunnels, in the lower 48 states.

Why was Section 106 Review created?
Section 106 was included in NHPA due to public concern that our nation's historic resources were being destroyed during federally sponsored projects. Before passage of NHPA, Federal preservation law applied only to a handful of nationally significant properties; Congress subsequently recognized that new legislation was needed to protect the many other historic properties that were being harmed by Federal activities.

What does Section 106 of NHPA say?
Section 106 requires Federal agencies to take into account the effects of their undertakings on historic properties. An agency must also afford the Advisory Council on Historic Preservation an opportunity to comment.

Who is the SHPO?
The term SHPO refers to the State Historic Preservation Officer. Under Section 101(b) of NHPA, the SHPO is appointed by the Governor to administer the State Historic Preservation Program and to reflect the interests of the State and its citizens in the preservation of their cultural heritage. In Idaho, the SHPO is the Executive Director of the Idaho State Historical Society. The term SHPO is also used informally to refer to the State Historic Preservation Office. The office's professional staff has expertise in archaeology, history, architectural history, and historic preservation. The National Park Service must approve each State program. In addition to Section 106 Review responsibilities, the SHPO also administers the National Register of Historic Places program for the State; provides grants to local governments; maintains the inventory of archaeological and historical sites and historic buildings and structures; administers the Federal investment tax credit program; and provides educational and technical assistance on historic preservation issues.

Who is the THPO?
The term THPO refers to the Tribal Historic Preservation Officer. Under Section 101(d) of NHPA, each tribal government can designate a THPO and establish a tribal historic preservation program. Like State programs, the National Park Service must approve tribal preservation programs established under Section 101(d). If a Tribe has a THPO as defined under Section 101(d), Federal projects that take place on that Tribe's reservation lands are reviewed only by the THPO, with no SHPO involvement.

At this point, the Nez Perce Tribe is the only Tribe with a reservation in Idaho that has been recognized as a Tribal Historic Preservation Office. For purposes of Section 106, this designation means that the Nez Perce Tribe, instead of the SHPO, will review all federal undertakings that take place within the exterior boundaries of their reservation. This includes non-tribally owned lands within that area. However, 36CFR800.3(c)(1) allows owners of non-tribal lands (e.g., private lands, City-owned lands) to request that the SHPO participate in the review process in addition to the THPO.

Who is the Advisory Council on Historic Preservation?
The Advisory Council on Historic Preservation (ACHP) is an independent Federal agency that promotes the preservation, enhancement, and productive use of our nation's historic resources and advises the President and Congress on national historic preservation policy. In this capacity, ACHP also issues regulations (36CFR800) to implement Section 106 of NHPA and oversees the 106 Review process. If a historic property will be adversely affected, the Federal agency must notify the ACHP and seek their guidance. The twenty-member Council meets quarterly, but ACHP's professional staff handles the daily operations from offices in Washington, D.C., and Lakewood, Colorado.

Before the U.S. Forest Service improved the campground at Pittsburgh Landing, archaeologists excavated a prehistoric pithouse 1500 years old as part of Section 106 mitigation.

What is a Federal "undertaking '?
NHPA defines an undertaking as "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." Types of Federal actions that are not considered "undertakings" include Federal social security payments, student loans, or grants to libraries for purchasing books.

Are NEPA categorical exclusions valid under Section 106?
A project that is considered a "categorical exclusion" under the National Environmental Policy Act (NEPA) is not exempted from review under Section 106. However, projects or certain classes of undertakings can be specifically exempted from Section 106 Review through consultation and agreement with the SHPO and the Advisory Council on Historic Preservation.

What is a project's "area of potential effects"?
36CFR800, the regulations outlining the Section 106 Review process, defines "area of potential effects" as the "geographical area within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties, if any such properties exist." The Federal agency needs to assume that there is the potential for historic properties to exist until the identification step of the review process has been completed.

What is a "historic property"?
For purposes of Section 106, any property listed, or eligible for listing, in the National Register of Historic Places is considered "historic." This may include historic buildings or structures, archaeological and historical sites, historic districts, and objects (such as monuments). It also includes artifacts, records, and material remains related to such a property.

Spanning the Boise River, Diversion Dam was one of the first and most productive of early 19th century reclamation projects. The Bureau of Reclamation maintains the facility as a historic site.

What is the National Register of Historic Places?
The National Register is the official list of the nation's cultural resources deemed worthy of preservation. Authorized under NHPA, the National Register is maintained by the National Park Service under the Secretary of the Interior. In Idaho, the Idaho SHPO administers it. The list includes buildings, sites, structures, districts, and objects. Properties can be significant at the local, state, or national level. To be eligible for listing, a property must typically be at least 50 years old, meet one of the four National Register criteria, and retain integrity of location, design, setting, materials, workmanship, feeling, and association. Traditional cultural properties, or properties with traditional cultural significance to a living community, may also be eligible for listing in the National Register. View the list of Idaho properties listed in the National Register.

What is a Traditional Cultural Property?
A traditional cultural property (TCP) is a property that is significant because of its association with cultural practices or beliefs of a living community that are rooted in that community's history, and are important in maintaining the cultural identity of the community. To be considered in the Section 106 Review process, a TCP must be eligible for listing, or listed, in the National Register of Historic Places. National Register Bulletin 38 provides guidelines for evaluating and documenting Traditional Cultural Properties. The Keeper of the National Register has provided additional guidance and examples of TCPs.

Archaeologists discovered the adobe brick and wooden plank floor of a bastion of the 19th century Hudson's Bay Company post of "Fort Hall." The site of Fort Hall is a National Historic Landmark.

What is a National Historic Landmark?
A National Historic Landmark is a property that has significance at the national level and is designated as such by the Secretary of the Interior. In Idaho, there are eleven National Historic Landmarks.

What are the National Register criteria?
The National Park Service established the following criteria to determine if a property is significant in American history, architecture, archaeology, engineering, or culture of a community. Properties eligible for listing, or listed, in the National Register are those:

A. That are associated with events that have made a significant contribution to the broad patterns of our history;

B. That are associated with the lives of persons significant in the past;

C. That embody distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

D. That have yielded, or may be likely to yield, information important in prehistory or history.

On September 13th, 1805, Lewis and Clark camped in a "beautiful open glade," near Lolo Pass, Idaho. The site, known as Glade Creek Camp, is now managed by the Idaho Department of Parks and Recreation.

Who participates in Section 106 Review?

• Federal agency
  
• Advisory Council on Historic Preservation
  
• State Historic Preservation Officer
  
• Tribal Historic Preservation Officer or Indian Tribes
  
• Local Governments
  
• Applicants for Federal assistance, permits, or licenses
  
• Local historical societies
  
• Local historic preservation commissions (Acrobat format; 25 kb)
  
• The public
  
  

Under 36CFR800, the principal participants are the Federal agency and the Advisory Council on Historic Preservation (ACHP). The ACHP, however, does not usually get involved in individual Section 106 reviews unless a historic property will be adversely affected. Most of the day-to-day consultation occurs among the Federal agency, the State Historic Preservation Officer (SHPO), and other consulting parties. The SHPO provides professional recommendations and opinions, but the Federal agency makes the decisions in the review process and remains legally responsible for completing it.

Federal agencies are also required to consult with Indian Tribes throughout the process. Guidance on tribal consultation is found on the Advisory Council's website. [Link: http://www.achp.gov ] Other consulting parties, including local governments; local historical societies and historic preservation commissions; and applicants for Federal grants, licenses, or permits, may participate in the review process.

What are the steps of Section 106 Review?
The four steps of the Section 106 Review process are described in the Federal regulations 36CFR800:

1. Initiate Section 106 Review

2. Identify historic properties within the project's Area of Potential Effects

3. Assess adverse effects on historic properties

4. Resolve adverse effects

Completed in 1933, this open-spandrel concrete arch bridge is one of the most picturesque engineering structures in the state. It is slated for major reinforcement and upgrades which will ensure its preservation for future generations.

Who initiates Section 106 Review?
The Federal agency involved in the proposed project or undertaking is responsible for initiating and completing the Section 106 Review process. The agency works with the State Historic Preservation Officer, and in some cases, the Advisory Council on Historic Preservation, to do so. Under a few Federal programs, Federal agencies have delegated the legal responsibility to comply with Section 106 to a local government. Federal agencies can also authorize applicants for Federal grants, licenses, or permits to initiate consultation with the SHPO, but the agency remains legally responsible for all findings and determinations made during the review process.

How long does Section 106 Review take?
The SHPO has thirty days to comment at each step of the review process. However, if SHPO receives the appropriate information in the first project review package, many reviews are completed in only thirty days. If insufficient information for review is received, the SHPO's response may be a request for additional information. The SHPO may also recommend additional investigations or studies that add to the overall review time. It is, therefore, required under the regulations and in the Federal agency's best interest to initiate Section 106 Review early in project planning.