ACHP (Advisory Council On Historic Preservation)

What is ACHP (Advisory Council On Historic Preservation)?

The Advisory Council On Historic Preservation (ACHP) is an independent federal agency created by the National Historic Preservation Act of 1966. It plays a key role in shaping national policy regarding historic preservation. For government contractors, understanding the ACHP's influence is critical for projects impacting historic properties.

Definition

The ACHP’s main function is to advise the President and Congress on historic preservation matters. However, a significant portion of the ACHP's work involves overseeing the implementation of Section 106 of the National Historic Preservation Act (NHPA). Section 106 requires federal agencies to consider the effects of their undertakings on historic properties and to consult with the ACHP, State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), and other stakeholders. Government contractors working on federal projects must ensure that their activities comply with Section 106 regulations. This often requires conducting cultural resource surveys, mitigating adverse effects to historic properties, and documenting consultations.

The ACHP does not directly award contracts; however, its oversight significantly impacts contractors. Failure to comply with Section 106, as informed by ACHP guidelines, can result in project delays, costly mitigation measures, or even legal challenges, ultimately affecting contract performance and profitability.

Key Points

• Section 106 Compliance: Contractors working on federal projects, or projects that use federal funding or permits, must comply with Section 106 of the National Historic Preservation Act.
• Consultation: The ACHP advocates for robust consultation with SHPOs, THPOs, and other interested parties during the Section 106 review process.
• Historic Property Identification: Contractors often need to identify historic properties within the project area and assess potential impacts on them.
• Mitigation: When adverse effects on historic properties are unavoidable, the ACHP encourages development and implementation of mitigation measures such as data recovery, preservation easements, or interpretive displays.

Practical Examples

1. Highway Construction: A government contractor bidding on a highway construction project involving federal funds must ensure compliance with Section 106. This could mean conducting archaeological surveys to identify any historic sites within the proposed construction zone, consulting with the SHPO, and developing a plan to mitigate any adverse effects to those sites.
2. Federal Building Renovation: A contractor renovating a historic federal building must follow the Secretary of the Interior’s Standards for Rehabilitation and consult with the ACHP if the renovation project involves significant alterations that could affect the building’s historic character.
3. Cell Tower Placement: A contractor building a cell tower on federal land must assess the potential visual impacts of the tower on nearby historic properties. The ACHP provides guidance on minimizing visual impacts and ensuring that the cell tower is compatible with the surrounding historic landscape.