Skip to main content
U.S. flag

An official website of the United States government

National Programmatic Agreement for Phasing Section 106 for Large-Scale Multi-Year Projects

NEW! Invitation to Consult and Comment on Proposed Amendment by July 19, 2023

The Forest Service is proposing an amendment to the nationwide programmatic agreement in response to comments received during the first year of the two-year monitoring period. Please see the info sheet and draft amendment. The Forest Service invites interested parties to consult and/or submit comments on the proposed amendment for 30 days by emailing the National Heritage Program at SM.FS.HeritAgrmnt2@usda.gov by July 19, 2023.

The National Programmatic Agreement for Phasing Section 106 for Large-Scale Multi-Year Projects (Phasing NPA) was developed under the National Historic Preservation Act (NHPA) in response to the increasing need to phase the Section 106 process for long-term wildfire prevention, forest health improvement, and other large-scale projects undertaken by the Forest Service. 

To assist moving forward such projects, the Phasing NPA emphasizes early consultation so that historic properties are considered when designing long-term projects and enables a phased approach for compliance with Section 106 of the NHPA. This allows consulting parties to support beneficial heritage outcomes and allow important forest health and safety improvement projects to move forward more quickly.

 

Informational Resources

Programmatic Agreements under Section 106 of the NHPA allow agencies to establish a different procedure to complete Section 106 in a way that mutually benefits the agency and its partners. Section 106 requires agencies to identify and address effects that proposed projects may have on historic properties; defined as any district, site, building, structure, or object included in or eligible for the National Register of Historic Places. The process of identifying historic properties and resolving potential effects is done in consultation with Tribes, State Historic Preservation Officers, and other interested parties before the project begins. Section 106 helps the Forest Service preserve historic properties for present and future generations.

The USDA Forest Service has committed to providing informational resources to support the implementation of the Phasing NPA.  This website will be updated as new resources are developed.

Frequently Asked Questions

Under the Phasing NPA, consulting parties are invited to provide input in planning the phased Section 106 process for a large-scale multi-year project including the consideration of other potential cultural resource stewardship opportunities that may be integrated into the long-term project. The phased process is documented in a Heritage Implementation Plan (HIP) for each project. The HIP must be completed before or at the same time as the project decision.

The standard Section 106 process is completed before a project decision. For the purposes of this NPA, "phasing Section 106" means allowing Section 106 to be completed after a project decision, but before implementing the project in an area where historic properties may be affected.

No, the Phasing NPA is optional. It will not invalidate other Section 106 agreements that are in place.

 

 

Monitoring & Annual Reporting

The USDA Forest Service has committed to monitoring the use of the Phasing NPA for the first two years after its executed. The Forest Service invites consulting parties to comment on how the agency is implementing the Phasing NPA. The Forest Service will review comments received and coordinate with other Signatories to consider whether any improvements can be made to the Phasing NPA. 

In addition to the two-year monitoring period, the Forest Service must provide an annual report on the use of the Phasing NPA.

Access monitoring and annual reports below.

To provide comments, please email SM.FS.HeritAgrmnt2@usda.gov

 

Summary of Past Consultation

To develop the Phasing NPA, the Forest Service initiated consultation with signatories, Tribes, and consulting parties first in late 2019 to Spring 2020;  held an additional consultation period in Fall 2020; and shared an updated version of the Phasing NPA in Fall 2021 before moving to execution.

To view the documents that supported the consultation process during the development of the Phasing NPA, see below.

Past Consultation Documents

For more information, please contact: SM.FS.HeritAgrmnt2@usda.gov

https://www.fs.usda.gov/managing-land/heritage/npa