Can an agency coordinate its Section 106 reviews with its National Environmental Policy Act (NEPA) reviews?
Pursuant to the Section 106 regulations, agencies are encouraged to coordinate compliance with Section 106 and steps taken to meet the requirements of NEPA. Opportunities to coordinate both reviews should occur early in the NEPA process so that plans for public participation, analysis of alternatives, and review can adequately meet the requirements of both review processes. 36 CFR Section 800.8(c) allows for use of the NEPA process as a substitute for Section 106 when the agency provides advance notice to the SHPO/THPO and the ACHP about its intentions to proceed in that manner. In addition to this notification, the environmental documentation prepared by the agencies must meet the standards specified in that section of the regulations and, demonstrate that the steps of the Section 106 process are adequately met, including the resolution of any objections.
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