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Section 106 Submission Process

​Important Note Regarding Section 106 Review

EFFECTIVE IMMEDIATELY - We are not currently honoring any requests for expedited review or receipt requests. 

Failure to submit Section 106 documents to khc.section106@ky.gov may result in our staff not receiving these documents for review. Once our office does receive these documents we have 30 days to respond. If you have not gotten a response letter after 28 days from submission, please email nicole.konkol@ky.gov. 


We are also happy to announce that Site Protection is completely digital. No more archival paper copies are required for above ground or archaeological documentation or reports.

If you have any questions pertaining to survey numbers or obtaining above ground survey reports or forms, please email our Survey Coordinator at matt.yagle@ky.gov​


Submission Process

​If you are being directed by a federal or state agency to consult with the Kentucky Heritage Council (KHC)/State Historic Preservation Office (SHPO) as part of an application for a federal grant, license or permit, the following information outlines policies and procedures to guide applicants through the Section 106 Review and Compliance process.

Project submissions for Section 106 review must include the  Cover Sheet for Section 106 Review and Compliance, completed to the greatest extent possible. The only exceptions are cultural resource reports prepared by consultants in accordance with the KHC/SHPO specifications or projects submitted under an existing programmatic agreement, where the required submission materials are clearly dictated in the agreement. If you are an applicant unsure whether this applies to you, we recommend using the cover sheet until you can verify otherwise. 

The cover sheet is designed to assist applicants by specifying the information Site Protection staff most often need to complete Section 106 reviews. If all fields are not completed, staff may need to request additional information, and this could result in a delay for applicants awaiting staff comments. A hard copy of the cover sheet must be submitted via mail or delivery to Craig Potts, Kentucky Heritage Council Executive Director and State Historic Preservation Officer, the Barstow House, 410 High Street, Frankfort, KY 40601.

Under federal law 36 CFR Part 800, Site Protection staff have 30 calendar days to review projects beginning with the date each project is received in this office. However, efforts are made to review projects as quickly as possible, and the review process often requires less time. The best way to ensure that Site Protection staff can complete a review in a timely manner is to make sure that all information submitted is thorough and accurate. When staff must ask for more information, the 30-day clock will start anew once the requested information is received.

Project location information should be provided to our office in Decimal Degrees. If you are unsure if your coordinates meet our requirements see our Decimal Degree Guidance

PLEASE NOTE

 In some instances, it will be necessary to submit the results of a preliminary site check from KHC's Site Identification Section and from the Office of State Archaeology to assess historic structures and/or archaeological resources that have been previously identified within a given project area. Per federal law 36 CFR Part 800.4(a)(2), a review must be completed to assess historic properties within a project or undertaking's area of potential effects.

Previously, KHC Site Protection staff often assisted applicants by compiling some of this information on their behalf; however, due to staff constraints, this is no longer possible. This information must now be provided directly by the applicant, who is now responsible for performing or requesting a Preliminary Site Check for historic structures through KHC's Site Identification Program, or for archaeological resources, through the University of Kentucky Office of State Archaeology

​​For more information on how to complete a preliminary site check and full site check, items that will be added to your Section 106 submission, please visit the Site Check webpage. 

The Kentucky State Clearinghouse, or eClearinghouse, is a single point of contact created by the Kentucky Department for Local Government for multiple agencies that might be required to comment on a federal project. The information available to reviewers through the eClearinghouse does not usually reflect the full range of information an applicant may have submitted in a funding application, often resulting in additional requests for information. As a result, the Kentucky Heritage Council does not currently participate in eClearinghouse. Those who try to submit projects for review through this portal will receive an automatic response directing applicants to submit a project via hard copy using the KHC cover sheet as described above.