National Historic Preservation Act (NHPA) Section 106 requires that Federal agencies take into account  the effects a project will have on historic resources and allow the Advisory  Council on Historic Preservation the opportunity to comment on the effects of  the project. Historic resources include districts, structures, objects,  landscapes, archaeological sites, and traditional cultural properties  included on, or eligible for inclusion on, the National Register of Historic  Places. Restoration of historic landscapes and other facilities are limited  by FEMA eligibility policies.
   FEMA activities requiring NHPA compliance  include repair or restoration of historic structures, demolition or removal  of historic structures, and improved, alternate, or relocated projects  affecting undisturbed areas that may contain archeological sites or have  cultural, historic, or pre-historic significance. (See Alternate Projects, Improved Projects, and Relocation, Permanent.) FEMA is  required to make a good faith effort to identify historic properties within a  given project area’s potential effect.
   The NHPA requires FEMA to:
   †  Identify  historic properties that may be affected by Federally funded activities
   †  Evaluate the  effects of the proposed work on historic properties
   †  Consult with the  State Historic Preservation Officer (SHPO)/Tribal Historic Preservation  Officer (THPO), the Advisory Council on Historic Preservation and other  interested parties
   †  Proceed with the  work only after completing the historic review process
   The NHPA encourages FEMA to establish  “programmatic agreements” with the State emergency management agencies,  SHPOs/THPOs, and the Advisory Council. A “programmatic agreement” outlines  roles and responsibilities, streamlines the process for compliance with  Section 106 of the NHPA for certain types of projects, and identifies types  of projects that are excluded from NHPA review.
   References:   36 CFR 800
   Section 106 of the National Historic  Preservation Act
   Model Programmatic Agreement – Historic Review,  FEMA Policy 9560.3, dated May 29, 2002
   Public Assistance Guide, FEMA 322, pages 130-131