Why doesn’t the SHPO do the Section 106 review?
The long, legal answer is that the law requires the federal agency – or their federally-delegated authority – to do the work, to provide the SHPO with information about the project and any potential historic properties that may be affected by that project. The SHPO is a consulting party, which means that we advise the federal agencies in carrying out their responsibilities. We aren’t a regulatory agency. We can’t approve or dis-approve your funding/permit/license. That’s up to the federal agency involved in your project. The short, more practical answer is that the SHPO simply doesn’t have the staff or the funding to do that kind of work. If we were responsible for doing all of the research necessary for the thousands of projects we review every year, you’d never get your response from us. And our lack of response would gum up your paperwork trail that you have to submit to get your funding or licensing.
