State Historic Preservation Office

Section 106 Review

Under Section 106 of the National Historic Preservation Act, federal agencies must consider the effect of their actions on historic properties and provide the federal Advisory Council on Historic Preservation (ACHP) the opportunity to comment on proposed actions. Each State Historic Preservation Office (SHPO) plays an important role in Section 106 review. In Missouri, the State Historic Preservation Office is a program within the Department of Natural Resources.

While the SHPO participates in the Section 106 consultation process, it is the federal agency that bears the responsibility for initiating various steps in the process. Although the federal agency may use the services of applicants, consultants, or designees to prepare information, analyses and recommendations, the federal agency remains legally responsible for all required findings and determinations.

To successfully complete Section 106 review, Federal agencies must:

• gather information to decide which properties in the project area are listed in or eligible for listing in the National Register of Historic Places;
• if so, determine how these historic properties might be affected;
• explore alternatives to avoid or reduce harm to historic properties; and
• reach agreement with the SHPO (and the ACHP in some cases) on measures to deal with any adverse effects or obtain advisory comments from the ACHP, which are sent to the head of the agency.

When historic properties will be harmed, Section 106 review usually ends with a legally binding agreement that establishes how the Federal agency will address the adverse effects.  In the few cases where this does not occur, and the ACHP issues advisory comments, the head of the Federal agency must consider the comments in making a final decision.

For more detailed information on Section 106, you can check the ACHP website. The site contains the complete text of the revised 106 regulations and a handy Citizen's Guide to Section 106 Review that explains the process and the citizen's role in the process.

To initiate Section 106 review in Missouri, the federal agency or its agent/consultant must submit a Section 106 Project Information Form. Section 106 forms, instructions, and regulations are available below as downloadable PDF files. The editable forms cannot be submitted online, but are offered as a convenient way to fill out and print the document. The completed document must then be signed and mailed in together with the required supplemental material.

The department has changed all fill-in forms to PDF fill-in. You will be able to save and reuse these PDF forms. However, you will need Adobe Acrobat Reader 7 or higher to save the PDF fill-in form. Also, at this time the department does not accept digital signatures. If your Acrobat Reader prompts you to use one, we ask that you don't.

The following materials are provided to facilitate the successful completion of the 106 process:

• Section 106 Project Information Form, MO 780-1027 for completion by applicant – normally a federal agency or its agent/consultant – initiating Section 106 process;
• USGS 7.5 minute topographic maps may be ordered, downloaded or printed from the Internet at the following locations:
  • the Department's Division of Geology and Land Survey or
  • the United States Geological Survey [free]
• SHPO Section 106 Survey Memo Form, MO 780-1718 for completion by professional archaeologists or architectural historians reporting survey results:
• Guide to the completion of the SHPO Section 106 Survey Memo  
• Missouri Guidelines for Phase I Archaeological Surveys and Reports  
• Missouri Drainage Basin Map  
• SHPO GIS Maps showing locations of properties individually listed in the National Register and boundaries of districts listed in the National Register or otherwise certified by the Department of the Interior. While the use of SHPO web-based GIS applications does not constitute a full background search, it does provide a starting point for already listed above ground sites.
• Archaeology Viewer allows those doing preliminary archaeological background research to view site and survey data in the SHPO GIS database. Pursuant to the federal regulations, access to archaeological GIS data is restricted to professional archaeologists, those working/studying under the direct supervision of a professional archaeologist, or entities or personnel that have a legitimate "need to know" as determined by the SHPO. Be advised that the data displayed in the Viewer application is constantly updated and cannot be regarded as wholly complete, and that use of SHPO web-based GIS applications does not constitute a full background search. To subscribe to the Archaeology Viewer service, contact the Cultural Resources Inventory Coordinator at (573) 751-7861 or via email.
• Citizen's Guide to Section 106 Review
• ACHP Regulations (36 CFR 800)