Section 106 Consulting Parties

National Historic Preservation Act (NRHP), Section 106 Consulting Parties

Frequently Asked Questions

What is a NRHP Section 106 consulting party?

The National Historic Preservation Act of 1966 requires the Federal Highway Administration and state departments of transportation to take into account how a project may affect properties listed in, or eligible for listing in, the National Register of Historic Places. Section 106 of the Act outlines the process involved in identifying and assessing the project’s effects on historic properties.

What role would a consulting party play in this project?

A consulting party may:

  • Identify historic properties that may be affected, including the bridge or properties near it
  • Provide input about impacts the project may have
  • Assist in the development of appropriate mitigation measures to resolve any adverse effects, if they exist

Who is eligible to serve as a consulting party?

Section 106 consulting parties may include historical societies, preservation societies, local governments, landowners and other residents who have a vested interested in the project or concerned about the project’s impact on historic properties.

How can I sign up to be a consulting party?

To apply to be a consulting party for a specific bridge, contact the Bridging Kentucky Program Team using this form. Please include your contact information, the bridge number of the project that interests you, and an explanation why you would like to be a consulting party per Section 106 for this bridge.

What is an adverse effect as outlined in Section 106?

If a project may alter characteristics that qualify a specific property for inclusion in the National Register in a manner that would diminish the integrity of the property, that project is considered to have an adverse effect. Integrity is the ability of a property to convey its significance, based on its location, design, setting, materials, workmanship, feeling and association.

  • Direct or indirect adverse effects might include:
  • Damage or physical destruction
  • Alteration that is inconsistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties
  • Relocation of the property
  • Change in the character of the property’s use or setting
  • Introduction of incompatible visual, atmospheric, or audible elements
  • Neglect and deterioration
  • Transfer, lease, or sale of a historic property out of federal control without adequate preservation restrictions

If a project results in an adverse effect, the Kentucky Transportation Cabinet will work with the State Historic Preservation Office (SHPO) and consulting parties, if applicable, to determine appropriate measures to avoid, minimize, or mitigate the impact.

More Information

These resources provide more information about Section 106 consulting parties:

Advisory Council on Historic Preservation: A Citizen’s Guide to Section 106 Review (PDF):

https://www.achp.gov/digital-library-section-106-landing/citizens-guide-section-106-review

Advisory Council on Historic Preservation Section 106 Applicant Toolkit

https://www.achp.gov/digital-library-section-106-landing/section-106-applicant-toolkit

Kentucky Transportation Cabinet Cultural Historic Branch

https://transportation.ky.gov/EnvironmentalAnalysis/Pages/Cultural-Historic.aspx