Federal & State Laws, Executive Orders, Administrative Rules

Review and Compliance

Section 106 of the National Historic Preservation Act (NHPA) of 1966 (as amended) requires Federal agencies to take into account the effects of their undertakings on historic properties. In general, an undertaking is any project or activity that is federally funded, permitted, licensed, or receives federal approval. The role of the Office of the State Historic Preservation Officer (SHPO) in the Section 106 process is to advise and assist federal agencies in carrying out their Section 106 responsibilities. The SHPO reflects the interest of South Dakota and its citizens in the preservation of their cultural heritage and ensures that agencies make a reasonable and good-faith effort to consider the effects of their projects on historic properties.

Similar to Section 106 of the NHPA, the role of the SHPO in the state preservation law SDCL 1-19A-11.1 is to comment on projects with the potential to damage, destroy, or encroach upon any historic property listed on the State or National Register of Historic Places.

The SHPO reviews an average of 2,000 state and federal projects each year. Most of these have no effect on historic properties. Approximately 1% of all projects are determined to have an adverse effect on historic properties. A memorandum of agreement (MOA) is negotiated to avoid, minimize, or mitigate these adverse effects. The review and compliance program has been highly successful in preventing the inadvertent destruction of historic properties.

For more information, contact the Review and Compliance Coordinator.

Federal Law - Section 106 of the National Historic Preservation Act of 1966 (as amended)

State Law - SDCL 1-19A-11.1 (11.1)

The Secretary of the Interior's Standards for Rehabilitation

NPS Federal Historic Preservation Laws & Executive Orders

South Dakota Codified Laws

South Dakota Administrative Rules