Advisory Council on Historic Preservation Guidelines for the Section 106 Process

Top Ten Guidelines for Consultation Under Section 106

  1. Approach consultation in good faith with an open mind.
  2. Do not assume the other participants in the process are adversaries. Rather, they are people who represent different interests and needs.
  3. Make your interests clear.
  4. Acknowledge the interests of others as legitimate.
  5. Seek to understand the interests of others.
  6. Identify shared interests.
  7. Develop and fairly consider a wide range of options.
  8. Look for options that allow mutual gain.
  9. Try to identify solutions that will leave all parties satisfied.
  10. Be flexible and creative!

Top Ten Guidelines for Correspondence Under Section 106

  1. Document all Federal agency determinations in writing.
  2. Notify potential consulting parties in writing early in the planning process for an undertaking.
  3. Describe all parts of the undertaking clearly and concisely.
  4. Establish ample timeframes for consulting party review of information.
  5. Be prepared to allow for ample time for consulting party review of agency determinations.
  6. All official correspondence must be sent by the responsible Federal agency.
  7. In some situations, email may be used to transit official correspondence.
  8. No response from an Indian tribe, local government, or any other logical consulting party does not mean you should stop sending them information.
  9. Include written provisions for unexpected emergency or discovery situations when documenting a No Adverse Effect determination.  It can't hurt!
  10. Seek advice from the ACHP if you have questions!

ACHP Flowchart of the Section 106 Process

For further information about the Advisory Council on Historic Preservation you can visit their website.