Is compliance with Section 106 of the National Historic Preservation Act (NHPA) required for American Recovery and Reinvestment Act of 2009 (Recovery Act) programs and activities?
Yes, the regular legal requirements of Section 106 of the NHPA apply to Recovery Act-funded projects. On February 18, 2009, the Office of Management and Budget (OMB) issued the Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009 (OMB Guidance). It outlines how the Executive Branch agencies shall distribute Recovery Act funds, and under Section 1.6, it clarifies that such funds will be distributed in accordance with: The National Environmental Policy Act [NEPA], the National Historic Preservation Act, and related statutes, including requirements for plans and projects to be reviewed and documented in accordance with those processes. 2. How will the Advisory Council on Historic Preservation (ACHP), which oversees Section 106 of the NHPA and its implementing regulations found at 36 CFR Part 800 (Section 106 regulations), coordinate with individual agencies receiving Recovery Act funds to expedite reviews? The ACHP circulated a questionnaire to Executive Br
