Environmental Review
Frequently Asked Questions
Federal Reviews continue
What other parties may be involved? Organizations and individuals concerned with the effects of an undertaking on historic properties may be involved in the 106 review process. Interested parties may include: local governments, applicants for federal assistance, licenses or permits, Native Americans, landowners, other members of the public, and private-sector organizations and groups. Interested parties should contact the Department of Historic Resources (DHR) and the responsible federal agency.
Who pays for any necessary surveys? The federal agency responsible for the undertaking generally pays for any necessary surveys. However, some agencies require applicants for federal financial assistance or permits to meet these costs as a condition of approval.
What are the responsibilities of the Department of Historic Resources? DHR provides information, guidance, expertise, and leadership in historic preservation for the Commonwealth. The department coordinates the federal preservation program in the state and serves as an important link between the federal government and the citizens of Virginia. No separate permit is issued by DHR in the Section 106 review process.
What are the responsibilities of the President's Advisory Council on Historic Preservation? The Advisory Council is responsible for commenting to federal agency officials on undertakings that affect historic properties. The Advisory Council is an independent federal agency that carries out Section 106 reviews, advises the President, Congress, and federal agencies on historic preservation, and provides education and training.
Who has decision-making authority? Authority to decide the course of a proposed federal undertaking rests with the federal agency providing the funding, license, or permit. The recommendations of DHR and the Advisory Council must be considered by the sponsoring federal agency, but the agency itself retains all decision-making authority. In determining whether a property is eligible for the national register, the Keeper of the national register has final authority.
Can the Section 106 review process stop a project? No. The Advisory Council, DHR, and the process cannot stop a project. The process can take time, especially if the federal agency is slow to initiate consultation in the first phase, does not provide complete information, or the federal agency and DHR are not in agreement as to the effect of a project on historic properties. Section 106 review should proceed concurrently with other environmental reviews. When Section 106 is considered early in the planning process, projects should not be delayed.
Does the process require the preservation of all historic properties? No. The Secretary of the Interior's Standards for Rehabilitation, the Advisory Council, and DHR all acknowledge that, in some cases, historic buildings, structures, and sites may not be preserved without unreasonable investments. In other cases, there may be no reasonable alternatives to demolition. In such cases, the department may recommend excavation of an archaeological site, or written and photographic documentation of a building prior to its destruction.
Does Section 106 require accurate restoration of historic structures? No. The process encourages the rehabilitation of historic structures, a process by which old buildings can be repaired and brought up to modern standards without losing their historic character. The Secretary of the Interior's Standards for Rehabilitation, the Advisory Council, and HR all acknowledge that, in some cases, accurate restoration may not be possible, economically feasible, or even desirable. Information on conducting rehabilitations according to The Secretary of the Interior's Standards for Rehabilitation.
Does Section 106 prevent new construction in historic areas? No. In some cases, new construction is encouraged in historic areas. If new construction is proposed in an historic area, the project is evaluated to see how it might affect the historic character of the area. If the project will cause destruction of historic buildings or archaeological sites, or if the project is incompatible with the historic setting, the Section 106 process may result in revisions to the project design.
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Authority to decide the course of a proposed federal undertaking rests with the federal agency providing the funding, license, or permit. The recommendations of DHR and the Advisory Council must be considered by the sponsoring federal agency, but the agency itself retains all decision-making authority.
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