How do I know whether a Recovery Act project is “shovel ready” for Section 106 purposes?
Agencies that have identified projects and activities, as “shovel ready” must, among other things, have completed any applicable environmental compliance, including Section 106. An agency must conclude the Section 106 review process in accordance with the Section 106 regulations after consultation with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) and other consulting parties regarding the agencies’ findings and determinations. (See the Section 106 process flow chart at www.achp.gov/regsflow.html). Evidence of compliance with Section 106 may also be demonstrated through the proper execution, and filing with the ACHP, of a Memorandum of Agreement (MOA) or a Programmatic Agreement (PA) covering the relevant project or program. Certain agencies have entered into program alternatives, under 36 CFR Section 800.14, that streamline Section 106 or tailor the review process to agency program needs. Evidence of Section 106 compliance would be speci
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