Compliance

When a Federal agency funds, approves, licenses, or permits an activity that has the potential to affect cultural resources, the agency must consult with the State Historic Preservation Officer (SHPO) under Section 106 of the National Historic Preservation Act and its implementation regulations, 36 CFR Part 800.  This is known as Section 106. Similarly, State agencies must also consult on State Actions, or any state activity, policy, program, project, undertaking, or support of such, under the Colorado State Register Act (Colorado Revised Statutes 24-80.1) on the action's effect to properties nominated for or listed on the State Register of Historic Properties.  Local governments may be included in these consultation processes. 

SHPOs are designated by the governor of their respective State or territory. In Colorado, the SHPO is housed within the Colorado State Historical Society, also known as History Colorado. The Office of Archaeology and Historic Preservation (OAHP) is a division of History Colorado (The Colorado Historical Society) and serves as the Colorado State Historic Preservation Office.

Federal agencies are required to engage in what is termed “consultation” with the SHPO to determine if any activities may have an adverse effect on historic properties.  Historic properties include not only those properties that are officially listed on the National Register of Historic Places (National Register), but also those properties that are determined to be eligible for the National Register. This requirement is set forth in Federal legislation known as the National Historic Preservation Act.  The consultation process is described in Section 106 of that act and in the implementing regulations, 36 CFR 800. In State legislation, a somewhat similar process is outlined for State agencies for activities that may affect properties nominated for or listed on the State Register of Historic Properties. This process is described in the State Register Act (Colorado Revised Statutes 24.80.1).

Sometimes agencies will delegate to its grantees or permitees the job of consulting with the SHPO in the consultation process. Information provided on this website is designed to help those who are unfamiliar with the process understand what is involved, and how to provide the SHPO with information needed to respond to a request for consultation.

Listed properties can be searched through the History Colorado webpages. In addition, OAHP maintains an archive of previously identified cultural resources. An important part of the consultation process is researching if any previously identified resources involved with your project has already received SHPO eligibility determinations.  This research process is called a file search. For more information on file searches, including how to submit a file search request, please visit our File Search page.

Click through the steps below to help guide you through the consultation process with our office. We encourage you to reach out to our consultation staff for guidance should you have questions about your project or the consultation process.