Section 106 Adverse Effects and Mitigation Strategies

Section 106: Determination of Effects

Under Section 106 the Federal agency responsible for an undertaking ultimately determine the effects on historic properties in consultation with SHPO. Often either a Federal agency will initiate Section 106 consultation with us seeking concurrence on their determination directly or an applicant and/or their consultant will initiate Section 106 consultation and forward our letter to the Federal agency.

If there is an effect on a historic property, and depending on the scope and scale of the effect, Section 106 consultation always aims first to avoid and minimize those effects to reach a No Effect, No Adverse Effect, or No Adverse Effect with Conditions implemented determination. 

However, if avoidance and minimization are not possible then those adverse effects on historic properties must be resolved through mitigation and a Memorandum of Agreement (MOA).

Memorandum of Agreement

In short, an MOA is a legally binding document that stipulates how a Federal agency will avoid, minimize, and mitigate adverse effects on historic properties. The MOA is primarily drafted by the Federal agency and the undertaking's applicant/stakeholders in consultation with the SHPO, all as signatories to the agreement. The Federal agency also reaches out to the Advisory Council on Historic Preservation (ACHP) if they wish to be party to the agreement, as well Federally-recognized tribes. Other interested parties are also invited to consult as concurring or consulting parties, such as citizens groups, historical societies, etc. 

The stipulations explicitly outline the avoidance, minimization, and mitigation efforts, the timeline in which they are to be completed, and how long certain parties have to review and comment on them. 

Mitigating Adverse Effects

Resolution of adverse effects to historic properties can take many forms. Explore each section below for examples of the different mitigation strategies used by the North Carolina State Historic Preservation Office.  Check out our Mitigation Strategies Catalog for more information on types and examples of strategies.