The National Park Service (NPS) carries out several types of projects, activities, and programs that are considered undertakings requiring Section 106 review. Activities occurring on Federal lands as part of National Park Service units may require Section 106. Activities may include:
Additionally, NPS provides Federal financial assistance to carry out a variety of activities which also may require Section 106 review.
The Advisory Council on Historic Preservation (ACHP) implementing regulations also allow Federal agencies to develop alternative approaches to compliance such as Programmatic Agreements. In 1995, the National Park Service, National Conference of State Historic Preservation Officers (NCSHPO), and ACHP signed a Nationwide Programmatic Agreement (PA) that tailored the Section 106 process to suit NPS park program needs. In 2008, the NPS replaced the 1995 PA when it entered into a new Nationwide Programmatic Agreement with the ACHP and the NCSHPO to govern NPS implementation of “routine management activities” within the National Park System.
The 2008 PA addresses NPS compliance with Section 106 of NHPA including its consultation with State Historic Preservation Officers, Federally recognized Indian tribes, Native Hawaiian organizations, and the ACHP. Through the PA, each Park Superintendent serves as the responsible agency official for the purposes of Section 106 compliance for their park. The Superintendent works with the park’s Section 106 Coordinator and the park’s Cultural Resource Management (CRM) Team to fulfill the PA’s Section 106 requirements. Additional information about implementation of the 2008 PA may be found in the 2022 Nationwide Programmatic Agreement Guidance.