Historical & Archeological Preservation

Legislation:

• National Historic Preservation Act, as amended (Section 106) – 16 U.S.C. 470
• Archeological and Historic Preservation Act of 1974, as amended – (16 USC 469-469c-2)
• Antiquities Act, as amended – (16 USC 431-433)
• Archeological Resource Protection Act of 1979, as amended – (16 USC 470aa-mm)
• American Indian Religious Freedom Act of 1978, as amended – (42 USC 1996 and 1996a)
• Department of Transportation Act – as amended [Declaration of Purpose and Section 4(f)] – (49 U.S.C. 303)
• Intermodal Surface Efficiency Act of 1991, as amended – (23 U.S.C. 101(a)(35), 23 U.S.C. 101 note, and 23 U.S.C. 109(b)(c), and (p))
• Surface Transportation and Uniform Relocation Assistance Act – 23 U.S.C. 144(o)
• Native American Graves Protection and Repatriation Act of 1990, as amended – (25 U.S.C. 3001-3013)

Regulations:

• 23 CFR 771
• 36 CFR 60
• 36 CFR 63
• 36 CFR 65
• 36 CFR 78
• 36 CFR 800
• 36 CFR
• 36 CFR 251.50-64
• 43 CFR 3
• 43 CFR 7
• 43 CFR 10
• Executive Order 11593: Protection and Enhancement of the Cultural Environment
• Executive Order 13006: Locating Federal facilities on historic properties in our Nation's central cities
• Executive Order 13007: Indian Sacred Sites
• Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
• EO 13287: Preserve America

FHWA Policy and Guidance:

• INFORMATION: Working With Tribal Governments on Historic Preservation Effort, August 7, 2001
• INFORMATION: Interpretation of Title 23, Section 144(o) Reasonable Costs Associated With the Demolition of Historic Bridges, April 26, 2001
• DOT Order 5301.1 – Department of Transportation Programs, Policies, and Procedures Affecting American Indians, Alaska Natives, and Tribes, November 16, 1999
  (PDF File Size 106 K)
• Programmatic Agreement on Transportation Enhancements, June 11, 1997
  (PDF File Size 483 K)
• Eligibility of Historic Preservation Work for Transportation Enhancement Funding, June 6, 1995
  (PDF File Size 168 K)
• Memorandum on the Application of NAGPRA to FHWA, March 28, 1995
  (PDF File Size 181 K)
• Section 106 Policy Guidance Interpretation of Setting, December 5, 1989
  (PDF File Size 422 K)
• ACHP Guidance Document on Working with Section 106, October 4, 1989
• Section 106 Policy Guidance Interpretation of Setting, August 30, 1989
  (PDF File Size 107 K)
• FHWA Guidance on the Consideration of Historic and Archeological Resources in the Highway Project Development Process, December 23, 1988
  (PDF File Size 1565 K)