Historic & Archaeological Regulations and Guidance

Section 4(f) Guidance

49 U.S.C. 303, commonly referred to as Section 4(f), states that the Secretary of Transportation may approve a transportation program or project " requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use." The governing federal regulations for compliance with the requirements of Section 4(f) are codified under23 CFR 771.135.

For a detailed discussion of Section 4(f) issues, see FHWA's Section 4(f) Policy Paper, revised June 7, 1989. For further guidance on Section 4(f) issues, refer to the FHWA's Environmental Guidebook on Section 4(f).

Guidance for the preparation of Section 4(f) documentation can be found in the FHWA publication entitled, "Guidance for Preparation and Processing Environmental and Section 4(f) Documents" FHWA Technical Advisory T 6640.8A, dated October 30, 1987.

Revised Historic Preservation Regulations (January 2001)

Section 106 of the National Historic Preservation Act (NHPA), as amended requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on the proposed action. The historic preservation review process mandated by Section 106 of the NHPA is outlined in regulations issued by the ACHP. The latest changes to the Section 106 regulations, entitled "36 CFR PART 800—PROTECTION OF HISTORIC PROPERTIES", became effective January 11, 2001. For guidance on the Section 106 regulations, please refer to the ACHP's Section 106 Regulations User's Guide. Other useful links can be found on the ACHP home page, including The National Historic Preservation Program and Working with Section 106.

Archaeology and Tribal Consultation

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law concerning Native American cultural items discovered on Federal or tribal lands. The Department of the Interior, through the National Park Service, has an Internet web site called National NAGPRA, which is maintained by its National Center for Cultural Resources. There are several links available from that web site, including a Native American Consultation Database (NACD) web site index, the actual Native American Consultation Database (NACD), Consultation with Native Americans, and the National NAGPRA Database.