Cultural Resource Protection: Sections 106 and 707

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The Illinois State Historic Preservation Office helps protect historic, architectural, and archaeological sites by administering the cultural-resource review processes established by the National Historic Preservation Act of 1966, as amended and its regulations and the Illinois State Agency Historic Resources Preservation Act and its administrative rules. The Federal ("Section 106") and the State ("Section 707") laws require that federal and state agencies consider the effects of their actions on historic properties listed in or eligible for listing in the National Register of Historic Places (National Register). If a public or private project is receiving federal or state permits, licenses, or funds, the project is subject to review under these laws by the Illinois SHPO.

When State and Federal agencies fund, permit, or license a project, they are required to identify any historic properties and resources within the project area, which may require hiring an archaeologist or historian to analyze the area for archaeological or historical significance.

The vast majority of projects we receive under these two laws do not involve cultural resources listed in or eligible for listing in the National Register. In these cases, the SHPO will state that there are no historic properties present and approve the project.

When historic or potentially historic cultural resources have been identified in or near a project area, SHPO staff will review the project's scope of work to determine whether it will adversely affect those resources. If it does not, the SHPO will state that the historic properties present will not be adversely affected and will approve the project.

If a project proposes to adversely affect historic resources, SHPO staff will consult with the project team to identify ways to avoid those adverse effects. Architectural plans may be revised to ensure that the historic character of the property is maintained, or development plans might be redesigned to avoid disturbing archaeological sites. Planners may also consult with the SHPO to avoid adverse effects before planning begins.

When the State of Federal government decides to sell or transfer a historic building out of governmental ownership, or when an archaeological site is located in a project area, attaching a historic-preservation covenant to a building or property can avoid an adverse effect. Click here to download our model historic-preservation covenant for standing structures, which we provide for informational purposes only. Past and present historic-preservation covenants held by the SHPO can be found here.

The SHPO can enter into agreements with state and federal entities to help streamline project reviews for types of resources or groups of actions. Click here to see these Programmatic Agreements in effect in Illinois.