Section 106 Nationwide Agreements

The Section 106 regulation allows federal agencies to tailor the Section 106 process to meet their needs. Section 106 program alternatives commonly used by RD are provided below.

Designed to be used by all of the RD programs, the Nationwide Programmatic Agreement among the U.S. Department of Agriculture Rural Development Programs, National Conference of State Historic Preservation Officers, Tribal Signatories, and The Advisory Council on Historic Preservation for Sequencing Section 106 (NPA) allows RD to obligate funds so our rural applicants (including tribes) are assured they can accept the expense of Section 106 prior to its completion. This will better align with the timing of obligation and completion of the program’s Section 106 review, which does not synchronize with the normal four step Section 106 process as set forth in 36 CFR Parts 800.3 through 800.7. Program specific appendices will provide Section 106 efficiencies and exemptions.

Reasons to use the NPA:

  • The schedule for the undertaking may span one to five years or longer, and/or can be composed of multiple projects that are rarely staked or precisely located and, or, the nature of the undertaking is often unclear, prior to the obligation of funds;
  • The applicant does not have the financial wherewithal to fund Section 106 reviews, and/or the analysis of alternatives, without some level of confidence that RD’s low interest funding or grants will be available to assist them;
  • In order to avoid an impending pooling, interest rate change, or another financial deadline;

The Program Comment for Communications Projects on federal Lands and Property

This efficiency is available for telecommunications projects on federal lands. The purpose of this Program Comment (PC) is to assist federal LMAs/PMAs in permitting and approving the deployment of next generation technologies of communications infrastructure, e.g. 5G, more efficiently.

Nationwide Programmatic Agreement for the Collocation of Wireless Antennas

For certain telecommunications projects that use FCC licensed spectrum. Telecommunications projects using FCC licensed spectrum, must use the FCC’s Section 106 and TCNS process. For more information, contact for your Environmental of Cultural reviewer.

First Amendment to the Collocation Agreement

For certain telecommunications projects that use FCC licensed spectrum. Telecommunications projects using FCC licensed spectrum, must use the FCC’s Section 106 and TCNS process. For more information, contact for your Environmental of Cultural reviewer.

NPA for the Review of Effects on Historic Properties for Certain Undertakings Approved by the FCC

For certain telecommunications projects that use FCC licensed spectrum. Telecommunications projects using FCC licensed spectrum, must use the FCC’s Section 106 and TCNS process. For more information, contact for your Environmental of Cultural reviewer.