Environmental Review

Section 106 of the National Historic Preservation Act (NHPA) of 1966 requires federal agencies to consider the effect of their activities on properties listed or determined eligible for listing in the National Register of Historic Places. These activities, or “undertakings,” include any federally funded, permitted, or licensed projects. In many instances the federal agency delegates responsibilities to the applicant (e.g., the state agency, city, utility, or developer who is receiving federal funds or applying for a federal permit or license).

Section 106 review is a process with which federal agencies must comply. Though it does not guarantee historic properties will not be impacted by an undertaking, it does provide the opportunity for potential adverse effects to be considered and alternatives to avoid or minimize them be evaluated. It should be noted that the Section 106 consultation process is one of compromise. In addition to the federal agency and the Kentucky Heritage Council (State Historic Preservation Office), the Advisory Council on Historic Preservation as well as other consulting parties, such as Federally recognized Native American tribes, owners of significant properties that may be adversely affected by the undertaking, local governments, and other interested parties may be active participants in the consultation process.

The sooner the Section 106 process is initiated, the better. By getting started early an agency or applicant can avoid unnecessary project delays.  Early coordination also may allow the project to be redesigned to minimize adverse effects to significant archaeological sites and historic structures. If you think you may have federal involvement in your project contact the Site Protection staff of the Kentucky Heritage Council at your earliest convenience.

The three main goals of the Section 106 review process are:

1. To identify historic properties listed in or eligible for listing in the National Register of Historic Places that may be adversely effected by a project.  This is accomplished by a review of site inventories maintained by the Kentucky Heritage Council and the Kentucky Office of State Archaeology and by undertaking archaeological and historic structure surveys;
   
   
2. To identify the effect an undertaking will have historic properties located within the Area of Potential Effect.  The staff of the Kentucky Heritage Council may consult with the agency, applicant, and consulting parties during its review of the project.  The Kentucky Heritage Council makes its assessment based on criteria found in the Council's regulations:
   
   No effect: the undertaking will not affect historic properties;
   
   No adverse effect: the undertaking will affect one or more historic properties, but the effect will not be harmful;
   
   Adverse effect: the undertaking will harm one or more historic properties.
   
   
3. To find ways to avoid or minimize adverse effects on  significant historic properties.  If through consultation with all involved parties this cannot be accomplished, the Kentucky Heritage Council staff works with the agency, applicant, and other consulting parties to develop a Memorandum of Agreement (MOA) that outlines how the adverse effects to these properties will be addressed.

Effective October 1, 2006 the Kentucky Heritage Council and the Office of State Archaeology implemented a project-specific fee for all site checks. For more information, see the Heritage Council's Site Check Policy [PDF - 88KB].

Architectural Properties and Surveys

Files regarding historic buildings and architectural surveys are housed at the Kentucky Heritage Council office at 300 Washington Street, Frankfort. First-time users are urged to contact KHC staff before conducting their research. All visitors are required to sign in at the front office upon arrival.

For more information, please contact Lynn Webb, data manager, at (502) 564-7005, ext. 119, or Bill Macintire, survey coordinator, at (502) 564-7005, ext. 124.

Archaeological Sites and Surveys

Files regarding archaeological site and survey information are housed at the University of Kentucky Office of State Archaeology, 1020-A Export Street, Lexington. For more information, please contact Nancy O'Malley at (859) 257-1944. All visitors are required to sign in at the front office upon arrival.

Geographic Information System Databases and Coverages

Geographic Information System (GIS) databases and coverages have been developed for archaeological sites and surveys, historic structures, and National Register districts.  For more information, please contact Philip Mink at (859) 257-8207.

For more information about the Office of State Archaeology, access this link OSA 

Historic archaeological excavations often generate archaeological collections of tremendous size.  These collections are taking up increasingly limited space in museums and federal repositories.  Through meetings and discussions with various firms and agencies, the Kentucky Heritage Council has developed guidelines for discarding certain types and classes of historic artifacts.  These guidelines are intended to assist archaeologists, agency officials, and museum staff as they prepare historic artifact collections for permanent curation.

Craig Potts
Manager, Kentucky Heritage Council Site Protection Program
300 Washington Street
Frankfort, Kentucky 40601
(502) 564-7005, ext. 123
(502) 564-5820 (fax)
craig.potts@ky.gov