PUB 98 - Historic Preservation

Department of Natural Resources fact sheet
03/2018
Department of Natural Resources Director: Carol S. Comer
PUB98shpo

Historic Preservation

Missouri Department of Natural Resources
Division of State Parks - State Historic Preservation Office
P.O. Box 176
Jefferson City, MO 65102-0176
573-751-7858

The State Historic Preservation Office (SHPO) conducts reviews and provides comments about historic properties and possible effects, for all projects that are federally funded, licensed, or permitted, either directly through the federal agency, or by delegation of the federal agency to the states. For example, Community Development Block Funds (CDBG) originate with the U.S. Department of Housing and Urban Development, which has delegated certain responsibilities for compliance to the Missouri Department of Economic Development.

If you are in doubt as to a federal connection to your project, contact the State Historic Preservation Office at 573-751-7858.

Historic Preservation
Section 106

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. The State Historic Preservation Office (SHPO) within the Department of Natural Resources plays an important role in Section 106 review.

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.

Once the responsible federal agency has determined that an action is an "undertaking," there are three basic steps in 106 consultation. First, the agency must determine whether "historic properties" are present in the project area. If historic properties are present, the agency must consult with the SHPO and other interested parties to determine whether the proposed undertaking will have an "effect" on the historic properties. If the effect will be adverse, the agency must notify the ACHP, and must consult with the SHPO and interested parties to discuss ways to avoid or mitigate damage to the historic properties.

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 (or hand delivered).

Professional archaeologists or architectural historians complete the Section 106 Survey Memo Form to report survey results.

Forms are available at dnr.mo.gov/forms/780-1027.pdf.

Section 106 Review
Regulated Activities: Office staff review projects that are federally funded, licensed or permitted, and comments are made about the presence/absence of historic properties and effects of the proposed project on historic properties.

Fees: None

Required Documents: A completed Section 106 Project Information Form, Form - MO 780-1027.

Note that supporting documentation is listed on the form and may include, as appropriate for your project, 7.5 minute. USGS topographic maps, street maps, project specific maps, black and white or color print photographs or high resolution digital photographs.

Average Processing Time: Section 106 provides SHPO be given 30 calendar days from receipt of information. If a submission is incomplete, a request for additional information is sent to the applicant, and ends the 30-day review period. Additional information submitted to SHPO starts the 30 days review period over again. If historic properties are identified near or within a project area of potential effect, further steps may be required, which may increase the review and comment time.

Public Participation: Public notice and an opportunity for public comment is required.

Applicable Laws: National Historic Preservation Act of 1966 (P.L. 89-665, as amended). This may be downloaded from the Advisory Council on Historic Preservation website at achp.gov.

Applicable Regulations: 36 CFR Part 800, Protection of Historic Properties. This may be downloaded from the Advisory Council on Historic Preservation website at achp.gov.

For more information or assistance please contact the State Historic Preservation Office at 573-751-7858.