Do all federal agencies carry out Section 106 ways in identical ways?
No. Federal agencies have different requirements and procedures for complying with Section 106 based on the nature of their programs and statutory authorities. Sometimes alternative practices and requirements are established in Programmatic Agreements (PA). PAs currently exist with the USDA Natural Resources Conservation Service, USDA United States Forest Service, Federal Emergency Management Agency, Federal Highway Administration, Federal Communications Commission, Department of Housing and Urban Development HOME and Community Development Block Grant programs and U.S. Fish and Wildlife Service. Some of these PAs place an increased level of review activities and responsibilities on state agencies. For example, the PA with the Federal Highway Administration delegates various SHPO responsibilities to the Vermont Agency of Transportation.
Related Questions
- Which federal agencies can issue Comprehensive Environmental Response, Compensation and Liability Act Section 106 Unilateral Orders (UAO)?
- Is the recovery plan part of the Services’ other regulatory activities, such as section 7 consultations with Federal agencies?
- What actions by federal agencies require a Section 106 review?
