About the Section 106 Review Process
The Kentucky Transportation Cabinet (KYTC) has recently partnered with the Kentucky Heritage Council/State Historic Preservation Office (KHC) to create a new online portal that allows users to browse federally funded KYTC projects with a “Section 106” component, and subsequently to request to participate as a consulting party in these projects.
Section 106 refers to a section of the National Historic Preservation Act (NHPA), which requires the Federal Highway Administration and its state partners to identify citizens, preservation organizations or other interested parties who may be entitled to participate as consulting parties in the review process for projects utilizing federal funds that may have the potential to impact historic resources. Section 106 states, “Certain individuals and organizations with demonstrated interest in the undertaking may participate as consulting parties due to the nature of their legal or economic relation to the undertaking or affected properties, or their concern with the undertaking’s effects on historic properties.”
Archaeological sites, buildings and other structures are defined “historic” if they are listed in or determined eligible for the National Register of Historic Places, administered by the National Park Service. The National Register is the federal government’s official list of historic and archaeological resources deemed worthy of preservation.
Consulting party status entitles participants to receive information about these projects, and to consult with federal agencies throughout the Section 106 process over the duration of the project. This includes identifying historic properties that may be affected, providing input regarding effects the project may have, and assisting in the development of appropriate mitigation measures to resolve any adverse effects.
To review federally funded projects currently in development and request consulting party status, visit http://transportation.ky.gov/Environmental-Analysis/Pages/consulting-party-projects.aspx.
More information about the online portal is available at the website and is also being distributed to preservation organizations and other agencies in a letter co-authored by David M. Waldner, P.E., director of KYTC’s Division of Environmental Analysis, and Craig Potts, KHC executive director and state historic preservation officer. Potts praised the cabinet for its leadership in creating the new web tool.
“Online access to federal transportation projects is a huge step forward in making the Section 106 review process more transparent and accessible, reflecting our commitment to incorporate more people into the work we do, which is key to our mission and that of KYTC,” said Potts. “We are one of only a handful of states who have made this information available online, and that puts Kentucky at the forefront of better serving our constituents.”
More detailed information about the Section 106 review process is available from the national Advisory Council on Historic Preservation (ACHP), in a publication titled “Protecting Historic Properties: A Citizens Guide to Section 106 Review,” at http://www.achp.gov/docs/CitizenGuide.pdf, or visit www.achp.gov.