Under Public Law 3-39, the HPO is mandated to comply and
take into account all federal laws and regulations governing
the protection and preservation of these historic and cultural
resources. The Section 106 Review under the U.S. National
Historic Preservation Act of 1966 (NHPA), as amended, and
associated 36 CFR Part 800 provides the strength behind
this protection and preservation regulation.
A Section 106 Review must be undertaken for projects that
involve a direct, indirect, or an adverse impact on a site
or sites that are on or are eligible for inclusion in the
National Register of Historic Places. The responsibility
of initiating and completing the Section 106 Review lies
with the head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted
undertaking in any State and the head of any Federal department
or independent agency having authority to license any undertaking.
Furthermore, the Section 106 Review must be completed prior
to the approval of expenditure of any federal funds committed
to the project or prior to the issuance of any license,
as the case may be.