Required Items for Section 106 Review Project

1. A 7.5 Minute (1:24,000 scale) U.S. Geolocial Survey topographic map that clearly delineates the area of potential effects/project area with Section, Township, and Range (including names of streets, towns, or other landmarks to allow the reviewer to locate the property).
   Note: Maps submitted should be in PDF format, not KMZ or shapefiles.
2. A Universal Transverse Mercator (UTM) coordinate using the WGS84 datum for the project location(s), and the name(s) of the project count(ies). (Note: You can convert latitude/longitude coordinates to UTMs here)
3. The lead federal agency for the undertaking and the point of contact (email).
4. A thorough project description that details all aspects of the proposed undertaking, including estimated horizontal and vertical ground disturbance and any known past land use and/or modifications. Images of the current state of area of potential effect (APE) when appropriate (smaller undertakings in highly developed areas).
5. Include the location, age, and clear photographs (of at least two building facades) of all structures (if any) that will be renovated, removed, demolished, or abandoned as a result of the project.
6. Include clear photographs of all structures 50 years or older on the property directly adjacent to the area of potential effects/project area.
7. The county(ies) in which the project is located.
8. You can email this information in PDF format to [email protected]. We recommend emailing the information if possible or providing it via Dropbox or similar.
9. The Section 106 program does not accept Blanket Clearance Requests. All such requests need to be negotiated as a part of a formal agreement document.

About Section 106

The U.S. Congress established Section 106 as part of the National Historic Preservation Act of 1966 (NHPA). NHPA, strengthened and expanded by several subsequent amendments, today has become the cornerstone of this country's historic preservation policy.

The NHPA was enacted because of concern that many of our nation's historic resources were not receiving adequate attention as the government sponsored public works projects. In the 1960s, federal historic preservation law applied to only a handful of nationally significant properties, and Congress recognized that new legislation was needed to protect other historic properties that were being harmed by federal activities. For purposes of Section 106, any resource listed in or eligible for listing in the National Register of Historic Places is considered a historic property.

Under Section 106 of the National Historic Preservation Act of 1966, as amended, federal agencies must identify and evaluate cultural resources and consider the impacts of undertakings they fund, license, permit, or assist on historic properties listed in or eligible for inclusion in the National Register of Historic Places. The federal agencies must afford the State Historic Preservation Officer and the Advisory Council on Historic Preservation (Council) the opportunity to comment on these federal undertakings.

The term "federal undertaking" includes a broad range of federal activities: construction, rehabilitation and repair projects, demolition, licenses, permits, loans, loan guarantees, grants, federal property transfers, and many other types of federal involvement. Whenever one of these activities affects or has the potential to affect historic properties in Arkansas, the sponsoring federal agency is required to seek the comments of the AHPP, the Council, and other consulting parties.

The federal agency involved in the proposed undertaking is responsible for initiating and completing the Section 106 review process. In certain circumstances, local governmental bodies may act as the responsible agency. There can be other participants in Section 106 review as well. At times, local governments, Indian tribes, applicants for federal grants, licenses or permits, and others may join in the review process when it affects their interests and activities.

Section 106 review is a federal agency responsibility and the applicant should contact the agency sponsor regarding their Section 106 policies and procedures. The AHPP does not approve projects, but provides technical assistance to federal agencies and is afforded the opportunity to comment on federal undertakings as set forth in 36 CFR Part 800.

Through the Section 106 Review process, the AHPP can work with the federal agencies to protect cultural resources by bringing historic properties into consideration during the early stages of project planning or developing measures to mitigate any adverse effects. The AHPP Section 106 staff reviews thousands of projects each year.

For more information, email the Review personnel at [email protected] or write the AHPP at 1100 North Street, Little Rock, AR 72201, or call the agency at 501-324-9880 (TDD 501-324-9811).

Section 106 AI Policy

Archeological sites are considered sensitive information accessible only to Secretary of the Interior (SOI) qualified archeologists and the landowners of the property on which a site is located. Per the terms of use of the Automated Management of Archeological Site Data in Arkansas (AMASDA), an archeological database owned and maintained by the Arkansas Archeological Survey, users may not:

• Disseminate the name of any person contained in the records without written permission from that person and from the State Archeologist
• Publish site locational data, and only provide such data to clients with a need to know, with the understanding that the client is not permitted to make this data available to the general public
• Disseminate any copies of downloaded site forms. Data extracted from the forms may be summarized, in narrative or tabular form as appropriate, in reports you prepare but the forms themselves may not be duplicated or transferred to other parties
• Use, input, provide, or incorporate any site forms, locational data, or locational data from site forms into any artificial intelligence (AI) or machine learning systems (ML) for any purpose. This agreement and prohibition applies to both public and private AI or ML systems

Furthermore, the AMASDA terms of use instructs a user that they are “not to sell, or transfer these records (which includes the information contained in these records) to other individuals, corporations, agencies, or organizations or to sell, transfer, or provide these records or the information contained in these records for any AI or ML use.”

https://archeology.uark.edu/forms-records/amasda/

In accordance with the terms of use for AMASDA, put forth by the Arkansas Archeological Survey, the Arkansas Historic Preservation Program will not accept submissions or reports that utilize generative AI to create maps, drawings, artwork, etc., nor will we accept documents that use AI to generate original analysis or ideas. The use of generative AI in such a manner violates the terms of use for AMASDA, as outlined above. Violations will be reported to the Arkansas Archeological Survey and offenders risk a permanent revocation of access to AMASDA.

AI or software that assists with spelling and grammar (i.e. Natural Language Processing [NLP]) is acceptable, so long as site information and/or data was not input into the NLP model.

Frequently Asked Questions