Demystifying Section 106 Compliance in the BOEM Approval Process for Offshore Wind Energy Projects

Presentation Description: Section 106 of the 1966 National Historic Preservation Act (NHPA), mandates that federal agencies consider effects on historic properties, including archaeological sites, built resources, and Tribal cultural sites when engaging in any project, activity, or program that is funded, permitted, licensed, or approved by a federal agency. According to federal regulations, Section 106 must be satisfied before an agency approves an undertaking. In practice, the Bureau of Ocean Energy Management (BOEM) satisfied Section 106 for offshore wind projects prior to issuing a Record of Decision (ROD).

This poster will describe how the Section 106 process works for offshore wind projects, who the typical consulting parties are, and the outcomes of the process including agreement documents and typical mitigation developed through consultation. This poster will also incorporate ways that applicants can prepare early to meet requirements of the Section 106 process that will help the process run more efficiently in terms of cost, schedule, and effectiveness in producing meaningful results.