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Historical and Archeological Preservation
Summary of Environmental Legislation Affecting Transportation, December 1998
Federal Highway Administration, United States Department of Transportation

Legislative Reference Regulations Reference Purpose Applicability General Procedures Agency for Coordination and Consultation
Section 106 of the National Historic Preservation Act, as amended: 16 U.S.C. 470f
(P.L. 89-665)
(P.L. 91-243)
(P.L. 93-54)
(P.L. 94-422)
(P.L. 94-458)
(P.L. 96-199)
(P.L. 96-244)
(P.L. 96-515)
(P.L. 102-575)
Executive Order 11593
23 CFR 771
36 CFR 60
36 CFR 63
36 CFR 800
Protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, archeology, and culture. All properties on or eligible for inclusion on the National Register of Historic Places. 1. Identify and determine the effects of project on subject properties.
2. Afford Advisory Council an early opportunity to comment, in accordance with 36 CFR 800.
3. Avoid or mitigate damages to greatest extent possible.
State Historic Preservation Officer

Advisory Council on Historic Preservation

DOI (NPS)

Section 110 of the National Historic Preservation Act, as amended:
16 U.S.C.470H-2
(P.L. 96-515)
36 CFR 65
36 CFR 78
Protect National historic landmarks.
Record historic properties prior to demolition.
All properties designated as National historic landmarks. All properties on or eligible for inclusion on the National Register of Historic Places. 1. Identify and determine the effects of project on subject properties.
2. Afford Advisory Council an early opportunity to comment, in accordance with 36 CFR 800.
State Historic Preservation Officer
Advisory Council on Historic Preservation
DOI (NPS)
Archeological and Historic Preservation Act:
16 U.S.C. 469-469C
(P.L. 93-291)
(Moss-Bennett Act)
36 CFR 66 (Draft) Preserving significant historical and archeological data from loss or destruction. Any unexpected archeological resources discovered as a result of a Federal construction project or Federally licensed activity or program. 1. Notify DOI (NPS) when a Federal project may result in the loss or destruction of a historic or archeological property.
2. DOI and/or the Federal agency may undertake survey or data recovery.
DOI (NPS) Departmental consulting archeologist
State Historic Preservation Officer
Archeological Resources Protection Act:
16 U.S.C. 470aa-11
(P.L. 96-95)
18 CFR 1312
32 CFR 229
36 CFR 79
36 CFR 296
43 CFR 7
Preserve and protect paleontological resources, historic monuments, memorials, and antiquities from loss or destruction. Archeological resources on Federally or Native American-owned property. 1. Ensure contractor obtains permit, and identifies and evaluates resource.
2. Mitigate or avoid resource in consultation with appropriate officials in the State.
3. If necessary, apply for permission to examine, remove, or excavate such objects.
Department or agency having jurisdiction over land on which resources may be situated
(BIA, BLM, DOA, DOD, NPS, TVA, USFS, State Historic Preservation Officer, Recognized Indian Tribe, if appropriate)
Act for the Preservation of American Antiquities
16 U.S.C. 431-433
(P.L. 59-209)
36 CFR 251.50-.64
43 CFR 3
    1. Notify DOI (NPS) when a Federal project may result in the loss or destruction of a historic or archeological property.
2. DOI and/or the Federal agency may undertake survey or data recovery.
DOI (NPS) Departmental consulting archeologist
State Historic Preservation Officer
American Indian Religious Freedom Act:
42 U.S.C. 1996
(P.L. 95-341)
Executive Order No. 13007 Protect places of religious importance to American Indians, Eskimos, and Native Hawaiians. All projects which affect places of religious importance to Native Americans. Consult with knowledgeable sources to identify and determine any effects on places of religious importance.
Comply with Section 106 procedures if the property is historic.
BIA State Historic Preservation Officer State Indian Liaison Advisory Council on Historic Preservation if appropriate.
Native American Grave Protection and Repatriation Act:
(P.L. 101-601)
25 U.S.C. 3001 et seq.
43 CFR 10 Protect human remains and cultural material of Native American and Hawaiian groups. Federal lands and Tribal lands. Consult with Native American group. DOI (NPS) BIA State Historic Preservation Officer.
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