Information about Project Compliance and Section 106 Review for Consultants

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicable Laws and Regulations

• Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations 36 CFR Part 800, is the primary federal law regarding project review. 
• The Maryland Historical Trust Act of 1985, as amended, State Finance and Procurement Article §§ 5A-325 and 5A-326 of the Annotated Code of Maryland, is the applicable state law. 

To ensure consistency for projects with both federal and state involvement, MHT follows the Section 106 process in the review of state actions.  The Advisory Council on Historic Preservation provides useful online Section 106 guidance, archeology guidance, and offers formal training opportunities for Section 106 users. 

Certain local jurisdictions administer their own historic preservation review process.  Local reviews are handled independently from the Section 106 process, but may generate helpful information to inform Section 106 consultation.  MHT encourages state and federal agencies to coordinate the local review process in advance of Section 106 consultation, where applicable.  Contact the appropriate local jurisdiction for information on pertinent requirements.

  

Requesting MHT Review of Your Project

MHT encourages agencies and recipients of federal and state assistance to initiate consultation during preliminary project planning.  Early consultation enables adequate time to successfully complete the review well in advance of construction and may help facilitate permit or funding approvals.   The project review fact sheet lists the information consultants, recipients, or the responsible agency, must provide to MHT.    Requestors may also use MHT’s optional Project Review Form.    MHT normally provides comments within 30 days of receiving a complete project submittal; this often completes the Section 106 process.   Providing MHT with detailed and accurate project information greatly facilitates MHT’s review and response time.    Consultants contacting MHT on behalf of an agency or recipient should clearly identify the entity they are representing. 

Identifying Historic Properties

One of the first steps of the consultation process involves identifying cultural resources that may be affected by a project.  Maryland’s diverse cultural heritage encompasses a broad range of resources including historic buildings, archeological sites on land and underwater, historic districts, engineering structures, and objects.  MHT’s Research & Survey programs maintain extensive records and information on these resources, organized and available through the MHT Library and its associated GIS and databases.    Consultants should start their research with a careful examination of MHT’s library and Inventory records.   If field investigations are warranted for a project, consultants should follow all applicable MHT survey and evaluation standards .  Before conducting survey work, it is important to have a clear understanding of the needed scope of work.  Consultants should request copies of all MHT correspondence related to a project from their client.   Contact MHT staff for detailed assistance on the level of effort needed for your project.

Evaluating Historic Properties - Determinations of Eligibility

Section 106 affords consideration to those cultural resources that are listed in or eligible for inclusion in the National Register of Historic Places.   The MHT National Register program provides information and a searchable database for National Register listed properties in Maryland.    For resources that have not yet been evaluated for significance, consultants may be hired to complete determinations of eligibility and should follow all applicable MHT survey and evaluation standards.   Before conducting survey work, it is important to have a clear understanding of the needed scope of work.  Contact MHT staff for detailed assistance on the level of effort needed for your project.

Survey and Evaluation Standards

MHT provides helpful standards and guidelines for completing archeological studies, architectural and historical investigations, and Determinations of Eligibility evaluation efforts.  The National Park Service also has extensive guidance for undertaking evaluation, preservation and documentation studies. 

Stewardship of Historic Properties

Agencies and recipients of state and federal assistance may hire consultants to assist with the appropriate stewardship of cultural resources that may be affected by a state or federal action.   Proper project planning and sensitive design will help avoid and reduce adverse effects on historic properties.   When a project entails work on a significant historic building (rehabilitation, alterations, additions), new construction within a historic district, or other action that may affect a historic property, careful planning will help achieve project goals and address historic preservation concerns.  Considerable resources are available to guide consultants in the appropriate maintenance, care and treatment of historic properties, and the development of context sensitive design solutions:

• SOI Standards for the Treatment of HP with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings:  http://www.nps.gov/history/hps/tps/standguide/
• SOI Standards for the Treatment of HP and Guidelines for the treatment of cultural landscapes:  http://www.nps.gov/history/hps/hli/landscape_guidelines/index.htm
• Preservation Briefs:  http://www.nps.gov/history/hps/tps/briefs/presbhom.htm
• A checklist for rehabilitating historic buildings:  http://www.nps.gov/history/hps/tps/cheklist.htm
• NPS Online preservation education:  http://www.nps.gov/history/hps/tps/online_ed.htm
• Context sensitive design solutions for transportation projects:  http://www.sha.state.md.us/businesswithSHA/projects/ohd/mainstreet/MainStreet.pdf

Resolving adverse effects on historic properties

MHT seeks to prevent adverse effects on historic and archeological properties through consultation. Sometimes adverse effects are unavoidable given project need, environmental or design constraints, emergency situations, or other requirements.   Section 106 resolves adverse effects through consultation among the involved parties and negotiation of a formal Memorandum of Agreement (MOA). The MOA stipulates measures the agency and/or project sponsor will implement to mitigate the undertaking’s adverse effects.  

Consultants may be hired to conduct archival research and recordation, archeological data recovery, public outreach efforts, sensitive design development, and other creative efforts.   Before conducting mitigation work, it is important to have a clear understanding of the needed scope of work, so be sure to obtain a copy of the signed MOA and related MHT correspondence from your client.  Contact MHT staff for detailed assistance on the level of effort needed for your project and follow all applicable MHT survey and evaluation standards.    Additional resources regarding documentation include:   

• SOI S&G for Architectural and Engineering Documentation (68 FR 43159 July, 2003) 

Tribal Consultation

Although there are currently no state or federally recognized tribes in Maryland, Section 106 requires agencies to consult with federally recognized Indian Tribes for projects that may affect historic properties on tribal lands or may affect historic properties for which Indian tribes attach religious and cultural significance.  Indian tribes who reside outside the state may attach importance to historic properties located in Maryland.  The ACHP offers useful guidance on consultation with Indian tribes.  The Maryland Commission on Indian Affairs serves as the official statewide agency for Native Americans, supports activities that affect Native Americans in Maryland is a good source for information and contacts on Maryland Indians.   Further resources on tribal contacts include:

• The Department of the Interior’s list of federally recognized tribes issued on April 4, 2008, titled:"Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs":  http://www.narf.org/nill/resources/fr2008.pdf
• The National Park Service website which has a database searchable by tribal name, state name, county name, etc.:  http://home.nps.gov/nacd/
• The National Association of Tribal Historic Preservation Officers:  http://www.nathpo.org/mainpage.html  (There are currently no THPOs in MD)
• Maryland Commission on Indian Affairs:  http://www.americanindian.maryland.gov/

Finding a Consultant

Consultants may need to hire additional specialists to conduct cultural resources investigations during project planning, develop appropriate plans and specifications, or implement specific work on historic properties.   It is important to hire qualified personnel to perform the work, request bids from multiple firms for comparison, and seek references on the quality and past performance of a firm before making a final decision on services.  MHT’s Consultant Directory provides a searchable list of consultants by discipline and service.   Inclusion in the directory is not a certification or endorsement of any particular consultant by MHT.     Before seeking consultant services, it is important to have a clear understanding of the needed scope of work.  Contact MHT staff for detailed assistance on the level of effort needed for your project.

Inclusion in the directory is not a certification or endorsement of any particular consultant by MHT.

Who do I Contact?

MHT’s Project Review and Compliance Unit staff, comprised of a team of archeologists and architectural historians, handle the review of projects and provide a wide range of technical assistance to program clients.  See the staff list to contact the appropriate person for your agency or geographic region.