Section 106

Section 106 of the National Historic Preservation Act of 1966 is a procedural law that requires Federal agencies to evaluate the effects of their undertakings on historic properties and to provide the Advisory Council on Historic Preservation (Council) an opportunity to comment on Federal projects before implementation. The goal of the Section 106 process is to identify historic properties, assess effects to those properties, and minimize or mitigate adverse effects to properties. An important element of the Section 106 process involves consultation with various parties interested in historic properties, including the State Historic Preservation Officer (SHPO), Native American Tribes, and other parties. The Section 106 regulations are published in the Code of Federal Regulations at 36 CFR Part 800, "Protection of Historic Properties," and provide guidance on requirements Federal agencies must meet to comply with the law. For more information about the Section 106 process, please visit:

 Summary of Steps in the Section 106 Process

  1. Initiation of the Section 106 process: : The Federal agency identifies consulting parties and invites them to participate in the Section 106 process. The main parties typically involved in consultation include the appropriate SHPO, federally recognized Native American tribes and other parties who have a specific interest in the historic properties within the project corridor, such as local preservation commissions and historical societies.

    For this project: During the EIS development, three Native American tribes were identified as consulting parties. Subsequent to the discovery that the portion of the Webb Ranch on the mesa is a National Register eligible resource, the La Plata County Historical Society was offered an opportunity to participate in the Section 106 process and did not comment on this project. The owners of the Webb Ranch requested consulting party status and are involved in the Section 106 evaluation process.

  2. Identification of Historic Properties and Assessment of Effects:Once the project scope is understood, the agency identifies properties in the project area and determines if they are eligible for listing on the National Register of Historic Places (NRHP). Only NRHP-eligible properties are evaluated for project effects. Under Section 106, there are findings of no historic properties affected, no adverse effect, and adverse effect. If it is determined that an undertaking results in a finding of no historic properties affected or no adverse effect, the Section 106 process for a particular property is complete.

    For this project: During the EIS development, 76 properties were identified in the cultural resources survey. Of these, ten properties were determined National Register eligible and were assessed for project effects. During the EIS process, the ten eligible resources were evaluated for project effects. In consultation with SHPO, it was determined that the project would result in no adverse effect to the historic resources, and the potential for an adverse effect to one prehistoric archaeological site.

    During the development of the EIS,efforts were made to avoid the residence, barn, and other structures on the Webb Ranch property, which is located north of and adjacent to County Road 220 east of US 550. As part of the recent re-evaluation effort, a portion of the Webb Ranch was determined to be eligible for listing on the NRHP. The historic boundary for the ranch property includes the complex of ranch buildings, but also extends beyond the immediate buildings and encompasses open land on Florida Mesa that contributes to the significance of the ranch property. FHWA and CDOT determined that the preferred alternative identified in the EIS and ROD would have an adverse effect on the portion of the Webb Ranch property determined to be eligible for NRHP listing. Although that alternative would avoid the ranch buildings, it would extend through the historic boundary of the property. CDOT and FHWA will evaluate other historic and archaeological properties within the potential US 550 alignments to determine their NRHP eligibility as well.

  3. Resolution of Adverse Effects: When a project results in an adverse effect, the agency must consult with SHPO and the other consulting parties to consider alternatives or modifications that could avoid, minimize, or mitigate the effect to the historic property. The agency must also notify the Council and provide it an opportunity to review the details of the adverse effect finding and participate in the Section 106 consultation. The agency will consult with SHPO, the Council (if participating) and other consulting parties to develop minimization and mitigation strategies and a Memorandum of Agreement (MOA) that outlines those measures. Once the MOA is signed, the Section 106 process is complete.

    For this project: During the EIS process, an MOA outlining mitigation for one prehistoric archaeological site was executed. As part of the Section 106 consultation on the Webb Ranch, the FHWA submitted the "Documentation for Finding of Adverse Effect" for the ranch to the Council on June 19, 2008. The Council has chosen to participate in the Section 106 consultation.

    CDOT and FHWA are currently looking at options to avoid, minimize, or mitigate effects to the Webb Ranch as well as other historic properties that may be affected by the project