Consultation under Section 106

What is Consultation?

Consultation is the process of seeking, discussing and considering the views of other participants, and, where feasible, seeking agreement with them on matters arising in the Section 106 process.
 

Who are Consulting Parties?

Consulting Parties include:

  • Federal Agency (Federal Highway Administration (FHWA), Forest Service, National Park Service, etc.)
  • State Historic Preservation Office (SHPO)
  • Tribes—see tribal consultation page
  • Local governments with jurisdiction over historic properties
  • Project applicants (MoDOT and local governments)
  • Those with a demonstrated interest in the undertaking—legal or economic interest in the project or those with an interest in project effects on historic properties

How to request consulting party status?

FHWA and MoDOT work with the SHPO to identify consulting parties and invite them to participate in consultation. If you or your group are interested in participating in consultation for a project, and have not received an invitation, you can contact the MoDOT Historic Preservation Section.

What do consulting parties do?

Consulting parties help FHWA and MoDOT make decisions. Because they often live in a community, consulting parties can help identify properties that are eligible for listing on the National Register of Historic Places, especially properties that are associated with historic events or individuals that might not be easily determined without extensive research.

Consulting parties also help identify project effects on historic properties. An adverse effect occurs when a project alters the characteristics of a property that make it eligible for inclusion in the National Register in such a way that it diminishes the integrity of the historic property. Viewpoints of consulting parties are valuable when discussing project effects, especially when discussion indirect effects such as visual and auditory impacts.

If a project will have an adverse effect, consulting parties help us identify ways to minimize or mitigate the effect. Consulting parties can help identify mitigation measures that are meaningful to the local community and that can be built on by local efforts. The best mitigation is that which will not just sit on a shelf, but which can serve an educational purpose and be a building block for local preservation efforts.

If you are interested in consulting on a project , please contact MoDOT's historic preservation manager at Michael.Meinkoth@modot.mo.gov.

Advisory Council on Historic Preservation’s

pamphlet "Protecting Historic Properties: A Citizen’s Guide to Section 106 Review" is an excellent starting point for citizens seeking to consult on Section 106 undertakings.

Pre-1945 Common Bridge PA

The Missouri Department of Transportation is developing a Programmatic Agreement for pre-1945 culverts and common concrete and steel beam and girder bridge types currently on the state highway system.

Tribal Consultation

The Federal Highway Administration and MoDOT consult with Indian tribe that may attach religious and cultural significance to properties that may be affected by transportation projects.

Focus on Bridges PA

The Missouri Department of Transportation is developing a Programmatic Agreement for the bridges being funded by the $50 million that was appropriated from State General Revenue and the $301 million bonding program authorized by the legislature in the 2019 session.