Who are Consulting Parties?
The following parties are entitled to participate as consulting parties during NHPA Section 106 review:
- Advisory Council on Historic Preservation;
- State historic preservation officers;
- Federally recognized Indian tribes/tribal historic preservation officers;
- Native Hawaiian organizations;
- Representatives of local governments; and
- Applicants for federal assistance, permits, licenses, and other approvals.
Other individuals and organizations with a demonstrated interest in the project may participate in NHPA Section 106 review as consulting parties “due to the nature of their legal or economic relation to the undertaking or affected properties, or their concern with the undertaking’s effects on historic properties” (36 Code of Federal Regulations 800.2(c)(5)). Their participation is subject to approval by the responsible federal agency (CitizenGuide2021_011321.pdf (achp.gov)). Under NHPA Section 106, an “undertaking” is defined as a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency.