Guidelines and Resources for Compliance-Generated
Determinations of Eligibility (DOEs)

As part of the “Section 106” process required by the National Historic Preservation Act and its equivalent state law, federal and state agencies must identify historic properties that might be directly or indirectly affected by their projects.  These properties can include any building, structure, archeological site, object, landscape, or district that meets at least one of the National Register of Historic Places Criteria for Evaluation, specified in 36 CFR 60.4 and listed in Appendix H.  Section 106 affords consideration to properties that are listed in the National Register as well as unlisted properties that are eligible for inclusion.  Thus, agencies must assess the National Register eligibility of resources that have not previously been evaluated. 

Agencies most often identify historic properties through the Section 106 procedures outlined in 36 CFR 800.4.  This process allows agencies to study a property, recommend it as either meeting or not meeting the National Register Criteria, and present their findings to the State Historic Preservation Office (SHPO) for concurrence.  The Maryland Historical Trust (MHT), Maryland’s SHPO office, uses the Determination of Eligibly (DOE) form to reach these “consensus determinations” between an agency and MHT for resources evaluated in Maryland.  MHT permanently documents these determinations in the Maryland Inventory of Historic Properties (MIHP) and associated databases.   

Efforts to identify and evaluate historic and archeological resources should follow the appropriate MHT guidance and procedures established in the Standards and Guidelines for Archeological Investigations in Maryland (Cole and Shaffer 1994) and the Standards and Guidelines for Architectural and Historical Investigations in Maryland (MHT 2000).  Survey efforts should build upon existing information, include relevant research and field investigations, provide defensible evaluations, and generate pertinent documentation of the resource being studied.  Agencies and their consultants should contact the project reviewer in MHT’s Project Review and Compliance Unit for guidance on the appropriate level of effort for a given project or resource.

The following guidance provides direction and resources regarding the DOE evaluation process, preparation of forms, required attachments, and submittal format.  Although this guide focuses on the content of DOE forms for evaluating buildings and landscapes, it also offers assistance on assessing archeological sites.