Under Section 106 of the National Historic Preservation Act federal agencies and their delegates must consult with the State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), local governments, applicants and interested individuals and groups. Consultation addresses any potential impacts that federal projects may have on historic properties listed in or determined to be eligible for the National Register of Historic Places (NPS).
In North Dakota, Tribal Historic Preservation Offices carry out Section 106 review for projects within the exterior boundaries of the Standing Rock Sioux Tribe, the Turtle Mountain Band of Chippewa, the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara Nation), the Sisseton/Wahpeton Sioux Tribe, and the Spirit Lake Nation.
These tribes should be consulted regarding cultural resource interests outside the exterior boundaries of the reservations as well. Tribes outside of North Dakota should also be consulted regarding their cultural resource interests in projects inside North Dakota. Further information is available at the National Association of Tribal Historic Preservation Officers, the National Park Service's Tribal Preservation Program, and the Advisory Council on Historic Preservation's Indian Tribes and Native Hawaiians web pages.
There are eight Certified Local Governments in North Dakota. These groups should be consulted and notified of projects in their cities.
The Section 106 process is regulated by 36 CFR Part 800 – Protection of Historic Properties. The Advisory Council on Historic Preservation offers a Citizens Guide to Section 106 Review.
The three main goals of Section 106 are:
A federal undertaking can encompass a broad range of federal activities. The activity may be an action by the federal agency itself, the granting of funds from a federal agency, or a permit approval by a federal agency. A few examples of federal undertakings include construction, rehabilitation and repair, demolition, licenses, permits, loans, loan guarantees, grants, federal property transfers.
To request a project review Under Section 106, federal agencies or their delegates should contact the Review and Compliance in the Archaeology and Historic Preservation Department at the North Dakota State Historic Preservation Office. Requests can be mailed or submitted digitally to shsculturalreview@nd.gov.
The North Dakota SHPO Guidelines may be helpful to those involved in the review process.
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