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The National Historic Preservation Act (NHPA) of 1966 is the U.S. federal law that created the National Register of Historic Places, the state historic preservation offices and the Advisory Council on Historic Preservation (ACHP). For research offices, project managers and field teams, its practical weight sits in two provisions: Section 106, which requires review of federal or federally assisted projects before they proceed, and Section 110, which governs how federal agencies care for historic properties they own or control.
Reader task: decide whether a federally funded, permitted or licensed project (a grant-funded survey, excavation, building renovation or construction) triggers Section 106, and know who acts at each step. Facts below are as described on the official ACHP, National Park Service (NPS) and statutory pages read on 2026-11-08.
What the National Historic Preservation Act is and who runs it
As described by the NPS, Congress passed the NHPA in 1966. It established the National Register of Historic Places (covering buildings, structures, districts, objects and archeological sites), required each state to have a preservation office and an inventory, and created the ACHP. The NPS administers the National Register and related programs; the ACHP oversees the Section 106 review process, whose implementing regulations are at 36 CFR Part 800.
The statute is now codified in Title 54 of the U.S. Code. Section 106 is 54 U.S.C. 306108; the federal-agency stewardship duties usually called Section 110 begin at 54 U.S.C. 306101.
Does it apply to my project? (eligibility and trigger)
The NHPA does not award benefits you apply for; the question is whether review applies. The ACHP states that Section 106 requires federal agencies to consider the effects of projects they carry out, assist, fund, permit, license or approve on historic properties. The statutory text (54 U.S.C. 306108) says the head of a federal agency with direct or indirect jurisdiction over a proposed federal or federally assisted undertaking, or authority to license one, must take into account the effect of the undertaking on any historic property before approving the expenditure of federal funds or issuing a license, and must give the ACHP a reasonable opportunity to comment.
Under 36 CFR 800.3(a), the agency official determines whether the proposed action is an “undertaking” (defined in 800.16(y)) and whether it could affect historic properties. If it has no potential to affect historic properties, the ACHP says no further Section 106 review is needed.
What it requires
Section 106: review before the decision
Section 106 is a process requirement, not a ban on altering historic properties. It requires the agency to consider effects and to give the ACHP, consulting parties and the public a chance to weigh in before the agency’s final decision. The ACHP describes four steps:
- Initiate the Section 106 process.
- Identify historic properties.
- Assess effects on them, in consultation.
- Resolve adverse effects by avoiding, minimizing or mitigating them.
Section 110: stewardship of agency-owned properties
The NPS Federal Preservation Institute describes Section 110 as making each agency head responsible for historic properties the agency owns or controls. Agencies must run a preservation program to identify, evaluate, nominate to the National Register and protect those properties, developed in consultation with the Secretary of the Interior. The same page says an agency may not grant assistance, a license or a permit to an applicant who damages a historic property to avoid Section 106 review, unless specific circumstances justify it, and that preservation costs are eligible project costs in undertakings the agency conducts or assists.
Compliance steps for a federally assisted project
Section 106 duties rest with the federal agency, not the grantee. A research or project office supports the agency by supplying project details and scope. The agency official initiates consultation with the State Historic Preservation Officer (SHPO) and/or Tribal Historic Preservation Officer (THPO) under 36 CFR 800.3(c). If the SHPO or THPO does not respond within 30 days of receiving a request for review, 800.3(c)(4) allows the agency to proceed to the next step or consult the ACHP.
Check your award terms and agency contact before ground disturbance, building alteration or fieldwork begins, because review is required before the agency approves funds or issues a license. See federal grant prior approval for how prior-approval requirements interact with scope changes.
Typical timeline phases
| Phase | What happens | Source |
|---|---|---|
| Scoping | Agency decides whether the action is an undertaking that could affect historic properties | 36 CFR 800.3(a) |
| Initiation | Agency begins consultation with SHPO/THPO | 36 CFR 800.3(c) |
| Identification | Historic properties are identified | ACHP, Introduction to Section 106 |
| Assessment | Effects are assessed in consultation | ACHP |
| Resolution | Adverse effects are avoided, minimized or mitigated | ACHP |
The only time limit cited here is the 30-day SHPO/THPO response period in 800.3(c)(4); the other phases have no fixed duration in the sources cited.
Common mistakes
- Treating the grantee as the responsible party. The statute and 36 CFR 800.3 place the determination and consultation on the agency official.
- Starting ground-disturbing work before review. The statute requires consideration of effects prior to approval of federal funds or a license.
- Assuming review means preservation at any cost. The process requires consideration and consultation; outcomes are avoidance, minimization or mitigation of adverse effects.
- Confusing Section 106 with Section 110. They apply to different situations, compared below.
Related provisions compared
| Section 106 | Section 110 | |
|---|---|---|
| Citation | 54 U.S.C. 306108 | 54 U.S.C. 306101 et seq. |
| Applies to | Federal or federally assisted undertakings, including funded, permitted or licensed projects (ACHP) | Historic properties an agency owns or controls (NPS FPI) |
| Core duty | Take into account effects before approval; give ACHP a chance to comment | Run a preservation program: identify, evaluate, nominate, protect |
| Implementing rule | 36 CFR Part 800 | Agency procedures must align with ACHP regulations (NPS FPI) |
Frequently asked questions
What does the National Historic Preservation Act do?
It created the National Register of Historic Places, required each state to have a preservation office and inventory, and established the ACHP. Section 106 requires review of federal projects that may affect historic properties.
Who must comply with Section 106?
Federal agencies, for projects they carry out, assist, fund, permit, license or approve. Applicants support the process, but the agency official makes the determinations.
What if the SHPO does not respond?
Under 36 CFR 800.3(c)(4), after 30 days from receipt of a review request the agency may proceed to the next step or consult the ACHP.
Is the ACHP process changing?
As of 2026-11-08 the ACHP’s introduction page notes that it paused fall and winter 2026 Section 106 training because of an ongoing regulatory revision. Check the current text of 36 CFR Part 800 before relying on a step described here.
Related reading: what is archaeology, what is history.
Sources
- ACHP, Introduction to Section 106, read 2026-11-08.
- NPS, National Historic Preservation Act, read 2026-11-08.
- NPS Federal Preservation Institute, Section 110, read 2026-11-08.
- Cornell LII, 36 CFR 800.3 and 54 U.S.C. 306108, read 2026-11-08.
