U.S. Department of Defense - Missile Defense Agency

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National Historic Preservation Act Consultation Section 106

Section 106 of the NHPA and its implementing regulations at 36 CFR Part 800, requires federal agencies to consider the effects of their undertakings (projects) 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. Under these laws, and others, the Missile Defense Agency (MDA) must identify significant historic properties, determine whether the undertaking will adversely affect such properties, and avoid, minimize, or mitigate adverse effects to historic properties. MDA must consult with consulting parties, including the State Historic Preservation Division (SHPD), Native Hawaiian Organizations (NHOs), those with a demonstrated interest in the project, and seek input from the public.

What is a Consulting Party?

Consulting parties are those with a consultative role defined in the Section 106 regulations at 36 CFR 800.2. This includes the SHPD, NHOs, local government officials, applicants for federal assistance or approvals, and in some cases, the ACHP. Representatives of federal or state 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.

If you wish to request consulting party status, please email MDA.HDRH.EIS@kfs-llc.com with your request as soon as possible, including relevant details about your interest in the undertaking, historic preservation issues, and/or your relationship with the project area. MDA will consider all requests for consulting party status.

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