Section 106
If you've worked in cultural resource management (CRM), you've almost certainly heard the phrase, "It's a Section 106 project." But for a law that shapes so much of what CRM archaeologists do, Section 106 itself is surprisingly short.
Part of the National Historic Preservation Act (NHPA), Section 106 requires federal agencies to consider the effects of their undertakings on historic properties and to give the Advisory Council on Historic Preservation (ACHP) an opportunity to comment before making final decisions. Whenever a federal agency carries out, funds, licenses, permits, or approves an undertaking, Section 106 provides the framework for considering how that action may affect archaeological sites, historic buildings, cultural landscapes, and other historic properties.
While the law itself is brief, its implementation is anything but. The regulations found in 36 CFR Part 800 establish the process for identifying historic properties, consulting with State and Tribal Historic Preservation Offices (SHPOs and THPOs), consulting Tribes and other parties, assessing effects, and resolving adverse effects. For CRM archaeologists, these regulations form the backbone of much of our day-to-day work.
Section 106 is also one of the primary reasons archaeology is considered during federal planning. The review process doesn't prohibit development or require every historic property to be preserved. Instead, it ensures that potential effects on historic properties are identified and considered before decisions are made. That process has become a central part of balancing infrastructure, development, environmental stewardship, and historic preservation in the United States.
In Episode 337 of the CRM Archaeology Podcast, the hosts launch a new series exploring Section 106 and why it continues to matter nearly 60 years after the NHPA became law. The conversation begins with the text of Section 106 itself—a reminder that much of modern CRM archaeology traces back to just two statutory requirements.
From there, the hosts discuss the proposed revisions to 36 CFR Part 800, the regulations that implement Section 106. Although the National Historic Preservation Act itself is not being amended, proposed changes to the implementing regulations have prompted significant discussion throughout the preservation community about how consultation, review, and agency responsibilities could be carried out in the future.
Rather than focusing solely on the proposed changes, the episode encourages listeners to revisit the fundamentals. Understanding the difference between the statute and the regulations—and how the Section 106 process actually works—is essential for anyone interested in archaeology, historic preservation, or federal planning.
The discussion also places Section 106 in its broader historical context. The National Historic Preservation Act was the culmination of decades of preservation advocacy and growing concern over the loss of historic buildings, neighborhoods, archaeological sites, and cultural landscapes during the rapid development of the mid-twentieth century. Since its passage in 1966, Section 106 has become one of the most important tools for ensuring that historic properties are considered as part of federal decision-making.
Whether you're a CRM professional, a student, or simply curious about how archaeology fits into modern infrastructure and land management, this episode offers an accessible introduction to one of the most influential laws in American historic preservation.
This is just the first installment in the CRM Archaeology Podcast's new Section 106 series. Future episodes will dive deeper into the regulations, explain how the consultation process works in practice, and explore why these discussions matter not only for archaeologists, but for anyone who values our shared cultural heritage.
Further reading
Want to hear more about this topic?
CRM Archaeology Episode 337 - What Level of Threat are We Talking About... Really?
CRM Archaeology Episode 332 - Archaeology and the 2025 Section 106 Hearings