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Notice of Authority to Initiate Section 106 Consultation Under the National Historic Preservation Act (NHPA), HRSA Expanded Capacity for Coronavirus (COVID-19) Testing (ECT) FY20 Projects

Dear Award Recipient/Grantee,

The Health Resources and Services Administration’s (HRSA) awarded your organization funding under the Expanded Capacity for Coronavirus (COVID-19) Testing (ECT) FY20 program.  As part of this supplemental award your project is subject to the National Historic Preservation Act (NHPA), which will require further review and consultation under Section 106 of the NHPA. Under the NHPA, undertakings subject to Section 106 review include any action that could affect a district, site, building, structure or object eligible for or listed on the National Register of Historic Places (NRHP).

HRSA determined the following activities constitute an undertaking:

  1. Minor alteration/renovation activities altering the appearance of an existing building, and
  2. Where interior renovations may be made to a building that is over 50 years old, or is historically, architecturally, or culturally significant.

Under Section 106, acquiring necessary licenses, permits and other approvals for the project requires an assessment of the potential effects of undertakings to historic properties. A notification/consultation then must take place with all interested parties. 

The NHPA regulations 36 CFR § 800.2(c)(4) require applicants or authorized representatives to initiate the Section 106 compliance consultations when authorized by the Federal agency. All grant applicants and their authorized representatives are hereby authorized by HRSA to initiate the Section 106 process directly with the State Historic Preservation Officer (SHPO) and Tribal Historic Preservation Officer (THPO). HRSA notified the respective SHPOs/THPOs that your organization is authorized to initiate Section 106 consultation for any undertaking. Therefore, your organization is required to present its historic preservation findings to the SHPO and/or THPO who will concur or disagree in writing with the finding.

Due to the extraordinary emergency actions authorized in the ECT program, HRSA notified the Advisory Council on Historic Preservation’s Office of Federal Agency Programs, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, and all Federally Recognized Tribes that HRSA, and its grant recipients, and authorized representatives, in accordance with 36 CFR § 800.12 (b), have implemented an expedited 5-day comment period for ECT Program projects that potentially affect historic properties. For minor alteration and renovation (A/R) activities funded by the ECT program, if the award recipient determines that circumstances do not permit five days for comment, the award recipient shall notify the HRSA, the Council, the SHPO/THPO, and the Indian tribe or Native Hawaiian organization and invite any comments within the time available. If needed, HRSA may request additional information and/or notification of the SHPO prior to completion of your alteration/renovation activities.

  • HRSA will remain responsible for participating in the consultation process when one or more of the following occur:
    • a determination that the Criteria of Adverse Effect applies to an undertaking;
    • a disagreement between the grantee or grantee’s authorized representative, and the SHPO/THPO regarding identification and evaluation, and/or assessment of effects;
    • an objection from consulting parties or the public regarding findings and determinations, the implementation of agreed upon processions, or their involvement in a Section 106 review; or
    • a potential for anticipatory demolition, removal, or abandonment as specified in Section 110(k) of the NHPA.

If your actions constitute an undertaking, please utilize the sample letter (provided by HRSA) to initiate a Section 106 review with your SHPO and/or THPO. HRSA funds may be used to hire consultants to complete the applicant’s Section 106 requirements and other related historic preservation responsibilities.

Additional information regarding the Section 106 process, and contact information for appropriate SHPO/THPO can be found at:

If you have any questions regarding this matter, please contact the HRSA Environmental Officer, Keith Kizzie at 301-443-2381, or via email at

Date Last Reviewed: