106 Process

Explanation of the 106 Process

Section 106 of the National Historic Preservation
Act (NHPA) requires all federal agencies to consider
the effects of their actions on historic properties and
provide for public participation in the consultation process.

As the supervising Federal agency for the Ariel Rios
Federal Building, which is considered a historic property,
the General Services Administration (GSA) is responsible
for initiating the Section 106 compliance process. While it
is not clear that the murals housed in the Ariel Rios Building
are themselves historic properties, GSA has initiated the
106 consultation process with the Washington D.C. State
Historic Preservation Officer on March 14, 2005.

Through the compliance process interested parties, referred to
as consulting parties, are identified and solicited for comments.
The Lawyers’ Committee for Civil Rights and the firm of Latham
& Watkins, LLP, as representatives of EPA employees who
object to the display of the paintings in their workplace, have
been identified by GSA as a consulting party to the 106 process.
The Equal Employment Opportunity Commission has also been
identified as a consulting party to the process.

Comments are also solicited from the general public. GSA’s
final determination will be informed in part by these comments.
Public comment means anyone may comment on the present
display of the paintings and the most appropriate way to display
them once they are removed.

For additional information on the mural consultation process or
if you would like to provide a comment, please email Mr. Gary
Porter, the Regional Historic Preservation
Officer: ncr.historic.preservation@gsa.gov

Addition 106 Information:

Section 106 Regulations (in PDF)
Text of Advisory Council on Historic Preservation's (ACHP) regulations,
"Protection of Historic Properties" (36 CFR Part 800) (incorporates amendments
effective Aug. 5, 2004)

ACHP Policy Statement Regarding ACHP's Relationships with Indian Tribes
(external link)

Consulting with Indian Tribes in the Section 106 Review Process
(external link)