Section 106: Overview, definition, and example
What is Section 106?
Section 106 refers to a specific provision within a legal framework that addresses certain actions, requirements, or guidelines within a particular field. The definition and scope of "Section 106" can vary depending on the context or jurisdiction. For example, in the United States, Section 106 of the National Historic Preservation Act (NHPA) is a key provision that requires federal agencies to consider the effects of their actions on historic properties. In other legal contexts, Section 106 might refer to provisions dealing with employment law, intellectual property, or contractual obligations, depending on the specific statute or regulation.
In the context of the NHPA, Section 106 mandates that federal agencies must evaluate the impact of their projects on historic sites, structures, or landmarks before proceeding with federal funding or approval, ensuring that preservation is considered in the planning process.
Why is Section 106 important?
Section 106 is important because it helps protect historic and culturally significant sites, structures, or artifacts from being inadvertently damaged or destroyed by federal projects. By requiring federal agencies to assess potential impacts, Section 106 ensures that the preservation of history and culture is integrated into the planning and decision-making processes. This provision promotes thoughtful development and conservation efforts, balancing progress with respect for heritage.
For businesses, government agencies, and developers, understanding and complying with Section 106 is crucial to avoid legal complications, project delays, or the need for costly alterations to plans. For the general public, Section 106 safeguards cultural and historical landmarks, ensuring that future generations can appreciate and learn from these important resources.
Understanding Section 106 through an example
Imagine a federal agency planning to build a new road that passes through a region with known historic significance. Under Section 106 of the NHPA, the agency must assess whether the construction will affect any historic properties or landmarks. The agency conducts a review and determines that the road construction will impact a historically significant building. The agency must now work to minimize or mitigate the impact, possibly adjusting the project’s design or providing compensation for the loss. This process ensures that preservation efforts are prioritized alongside the need for infrastructure development.
In another example, a company applying for a federal grant to renovate an old building must undergo a Section 106 review. If the building is listed as a historic landmark, the project must evaluate how the renovation will affect the building’s historic value. The company must then follow the required preservation procedures to ensure that the renovation does not violate any preservation standards.
An example of a Section 106-related clause
Here’s how a Section 106-related clause might appear in a government contract or development agreement:
“The Contractor shall comply with the requirements of Section 106 of the National Historic Preservation Act and conduct a review of potential impacts on historic properties as part of the project planning process. Any project that may affect a historic property shall be subject to mitigation and consultation with the relevant preservation authorities.”
Conclusion
Section 106 is a critical legal provision that ensures federal actions, particularly construction or development projects, do not negatively impact historic and culturally significant properties. By requiring thorough evaluations and consideration, Section 106 promotes the protection of cultural heritage while allowing for modern development and progress. Understanding this provision is important for organizations involved in federal projects or planning, as it ensures that they meet legal requirements and support preservation efforts.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.