Section 800.14 of the ACHP’s regulations lays out a variety of methods available to federal agencies to meet their Section 106 obligations. Each of these alternatives allows federal agencies to tailor the Section 106 process to meet their needs.
Alternate Procedures--36 CFR § 800.14(a)
This program alternative allows federal agencies to streamline the Section 106 process by tailoring the process to the agency’s programs and decision-making process. Procedures, approved by the ACHP and adopted by the agency, substitute in whole or in part for the ACHP’s Section 106 regulations under Subpart B. The ACHP allows for flexible application of alternate procedures which can either be counterpart regulations of an agency or can include agency procedures that do not have to go through a formal rulemaking process.
Programmatic Agreements--36 CFR § 800.14(b)
Programmatic Agreements are the most commonly used program alternative. This section allows federal agencies to govern the implementation of a particular agency program or the resolution of adverse effects from complex projects or multiple undertakings similar in nature through negotiation of an agreement between the agency and the ACHP. In certain circumstances, the ACHP may also designate a specific agency agreement as a prototype agreement that can then be used for the same type of program or undertaking in more than one program or area.
Requests for copies of Programmatic Agreements should be directed to ACHP staff.
Prototype Programmatic Agreement--36 CFR § 800.14(b)(4)
This section allows the ACHP to designate an agreement document as a prototype agreement that can be used for the same type of program or undertaking in more than one program or area. When a federal agency uses a prototype programmatic agreement, the agency may develop and execute the agreement with the appropriate SHPO/THPO without the need for the ACHP participation in consultation or ACHP signature.
Exempted Categories--36 CFR § 800.14(c)
This program alternative allows agencies to propose a program or category of agency undertaking that is exempt from further review under Section 106. The ACHP may also propose an exemption on its own initiative. Exempted categories must be actions that would otherwise qualify as undertakings as defined in § 800.16 and the potential effects from the undertakings must be foreseeable and likely to be minimal or not adverse. Exempted categories must also be consistent with the purposes of the National Historic Preservation Act.
Standard Treatments--36 CFR § 800.14(d)
Standard treatments are a program alternative that allows the ACHP to establish standardized practices for dealing with certain categories of undertakings, effects, historic properties, or treatment options. Standard treatments carry the ACHP’s explicit endorsements and can be applied by Section 106 users to assist them in complying with Section 106. Federal agencies are not obligated to follow approved standard treatments but may elect to do so when they feel standard treatments will be of benefit in meeting their Section 106 compliance requirements.
Program Comments--36 CFR § 800.14(e)
This program alternative allows a federal agency to request the ACHP to comment on a category of undertakings in lieu of conducting individual reviews under §§ 800.4 through 800.6. The ACHP may also provide comments on its own initiative. Public participation is conducted by the federal agency requesting the comments and consultation with SHPO/THPO, Indian tribes and Native Hawaiian organizations is conducted by the ACHP.