How should agencies involve the general public in the Section 106 review process to ensure that their views are considered while expediting Recovery Act funded programs and projects?
Each Executive Branch agency has public participation guidelines for compliance NEPA. The Section 106 regulations encourage agencies to use such NEPA guidelines to meet their public involvement requirements for Section 106. The participation of “consulting parties,” as opposed to the general public, is defined in the Section 106 regulations or the applicable program alternative under 36 CFR Section 800.14. Since Section 106 is a consultative process that is predicated on negotiating issues to reach an acceptable outcome, agencies may need to convene meetings, teleconferences, or have site visits to facilitate the consultation process. Given the need for agencies to expeditiously implement Recovery Act projects and activities, they are encouraged make sure that, early in the process, they identify the level of interest regarding historic properties, and identify and invite consulting parties to participate in the Section 106 review. Overtures to consulting parties should clearly indicat