Cultural & Historical

National Historic Preservation Act Consultation Section 106

Section 106 of the National Historic Preservation Act (NHPA), and its implementing regulations at 36 Code of Federal Regulations (CFR) Part 800, requires federal agencies to consider the effects of their "undertakings" (proposed actions) on historic properties, to seek the input of interested parties and the public (consulting parties), and to provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment.

On behalf of the Missile Defense Agency (MDA) and cooperating agencies, the United States (U.S.) Navy, as the designated lead agency for compliance with Section 106 of the NHPA, has determined that the proposed undertaking (the proposed construction, deployment, and operations and maintenance of thean EIAMD system to defend Guam against advanced missile threats) shall follow The Programmatic Agreement Among the Commander, Navy Region Marianas, the Advisory Council on Historic Preservation, and the Guam Historic Preservation Officer, Regarding Navy Undertakings on the Island of Guam (2008) to fulfill Section 106 responsibilities and to avoid, minimize, and/or mitigate effects on historic properties. Members of the public are welcome to provide input.

What is a Consulting Party?

Consulting parties are those with a consultative role defined in Section 106 regulations at 36 CFR 800.2 and may include State Historic Preservation Officers, tribes, local government officials, applicants for federal assistance or approvals, and in some cases, the ACHP. Representatives of federal, state, or territorial agencies involved in the undertaking may also join the Section 106 consultation process as consulting parties. Individuals or organizations that do not have a defined role in the Section 106 process may request consulting party status if they have a demonstrated interest in the undertaking and historic preservation issues.

For more information about the Section 106 process and the role of the public and consulting parties, we recommend reviewing ACHP’s publication, “A Citizens Guide to Section 106 Review,” which can be found at www.achp.gov.