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Cultural Resources

Recent Developments

Listed below are recent developments pertinent to historic preservation and cultural resources from the past six months. If you would like to suggest a recent development on this topic, please submit a short description to AASHTO (including any pertinent links) on the Share Info with AASHTO form.

• FTA, FRA Adopt Net Benefit, Historic Bridges Programmatics

  The Federal Transit Administration and Federal Railroad Administration are adopting two nationwide programmatic evaluations from the Federal Highway Administration. The agencies are adopting FHWA’s programmatic Section 4(f) evaluation for certain transportation projects having a net benefit to Section 4(f) properties and the programmatic evaluation for certain transportation projects that use historic bridges. These nationwide Section 4(f) programmatic evaluations would provide the agencies with an alternative to the individual evaluation process for demonstrating compliance with Section 4(f) requirements. For proposed projects that do not meet the criteria set forth, the agencies will prepare an individual evaluation or make a de minimis impact determination. For more information, link to the joint notice. (12-8-20)

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• AASHTO Publishes Historic Bridge Preservation Guide

  A guide on historic bridge preservation has been published by the American Association of State Highway and Transportation Officials (AASHTO). The Historic Bridge Preservation Guide is a reference for the preservation and rehabilitation of both fixed and movable historic highway bridges. Historic preservation laws present a unique set of challenges when maintaining bridges, and balancing cultural and historic value with functional safety characteristics requires specialized knowledge and processes. This Guide aims to familiarize all engineers with the unique and diverse skills needed for successful historic bridge preservation and rehabilitation projects. For more information and to purchase the guide, link here. (12-4-20)

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• President Signs Great American Outdoors Act

  Legislation signed by President Trump on Aug. 4 establishes the National Parks and Public Land Legacy Restoration Fund, which will use revenues from energy development to provide up to $1.9 billion a year for five years to support deferred maintenance projects on federal lands. The measure also permanently funds the federal Land and Water Conservation Fund, which reinvests a small percentage of offshore energy revenues in conservation and recreation access projects. For more information, link to the release. (8-4-20)

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• FHWA Reports on Basics of Section 4(f) Reviews

  An overview of procedures for reviews of potential impacts to historic sites and parkland under Section 4(f) of the Department of Transportation Act is provided in the latest issue of the Federal Highway Administration’s Successes in Stewardship newsletter. The issue provides a brief overview of the fundamental requirements of Section 4(f), addresses some common issues practitioners face in interpreting Section 4(f), and explains how the recent changes effect Section 4(f) analysis. For more information, link to the issue. (July 2020)

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• ACHP Urges Increased Use of Digital Information on Historic Properties

  Recommendations for increasing agencies’ use of digital information on historic properties will be implemented by the Advisory Council on Historic Preservation. The recommendations, developed by a task force advising the council, urges increasing awareness of the availability and effectiveness of digital information and improving access to and management of data. For more information, link to the announcement and the report. (5-1-20)

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• Guide Offers Design Concepts for Rural Bridges in Historic Contexts

  Guidance on developing context sensitive solutions for replacing bridges in or near rural historic districts has been developed under the National Cooperative Highway Research Program (Project 25-25, Task 118). The research, documented in Web-Only Document 278, includes a practitioners guide and technical research report that outlines five context sensitive approaches for replacing such bridges. It also provides case studies, including examples of each design approach. The research also includes a Design Idea Book that will illustrate various design features. For more information, link to the report. (3-2-20)

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• GAO Updates Report on Tribal Consultation over Cultural Resources

  A Government Accountability Office has issued a follow-up on a report concerning effective consultation between federal agencies and tribal governments regarding infrastructure projects affecting tribal natural and cultural resources. The new information includes a review of examples of federal laws and regulations that apply to Native American cultural resources, such as the Archaeological Resources Protection Act, the Native American Graves Protection and Repatriation Act, and Section 106 of the National Historic Preservation Act, and the factors that impact the effectiveness of consultation efforts. The report says that of the recommendations issued in 2019, 17 agencies generally agreed and one has implemented the recommendation. For more information, link to the document. (2-27-20)

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• Study Suggests Expanded Alternatives for Section 106 Compliance

  Alternative methods of compliance with Section 106 of the National Historic Preservation Act are expediting project delivery, but there is opportunity to have additional ones for more categories, according to a report issued under the National Cooperative Highway Research Program (Web-only document 275). The research project (NCHRP 25-25, Task 116) says that the two program comments in effect—one for post-1945 concrete and steel bridges and one for historic rail properties within rail rights-of-way—are viewed favorably by transportation agencies, but more time is needed for a full assessment. The report suggests additional program alternatives that could be adopted nationally: a national program comment for post-World War II housing and a national exemption for classes of minor projects. For more information, link here. (2-18-20)

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• FHWA Soliciting National Scenic Byways Program Nominations

  The Federal Highways Administration has announced the opening of nominations for roads or highways to be designated under the National Scenic Byways Program. Byways can be nominated to be either a National Scenic Byway or an All-American Road designation. Qualities that demonstrate the significance of the byway include features that have archeological, cultural, historic, natural, recreational, or scenic value. The agency had not accepted nominations during the 12-year period that the program was without congressional authorization. The agency held a webinar on Feb. 26 to discuss the process. For more information, link to the FHWA’s nominations page. (2-19-20)

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• National Trust Announces List of Recent Preservation ‘Wins’

  The National Trust for Historic Preservation has announced a list of success stories for historic preservation this year. The list of 12 preservation “wins” includes the culmination of an effort to preserve historic neighborhoods in the San Gabriel Valley area of Los Angeles that were threatened by the proposed construction of a five-mile freeway tunnel. The list also includes historic properties such as Nina Simone’s childhood home, an historic Chicago church, a two-century old adobe home in Monterey, Calif., several historic sites, and historic neighborhoods in Dallas, Miami, and Philadelphia. For more information, read the list. (11-18-19)

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• Advisory Council Issues Handbook on Coordination with Tribes

  The Advisory Council on Historic Preservation has issued a handbook that offers guidance on involving Indian tribes early in the Section 106 process under the National Historic Preservation Act. The Early Coordination with Indian Tribes during Pre-application Process: A Handbook is intended to improve the protection of historic properties, including those of religious and cultural significance to federally recognized tribes. The handbook provides recommendations, suggests proactive steps, and includes real-world examples of effective coordination. The handbook has a companion eLearning course. For more information, link to the handbook. (11-8-19)

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• List of Section 106 Programmatic Agreements Updated

  The Federal Highway Administration has issued an updated list of statewide Section 106 programmatic agreements for historic properties. The listing, in table format, includes the state, the agreement type such as delegation or streamlining, what transportation facilities are covered under the agreement, the agreement signed date and expiration date, and links to the agreement text. Most states, plus the District of Columbia and Puerto Rico, have at least one Section 106 programmatic agreement in effect. For more information, link to the list. (8-14-19)

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• ACHP Offers Online Course on Consultation with Indian Tribes

  The Advisory Council on Historic Preservation has announced a new on-demand training course addressing early coordination with Indian tribes for infrastructure projects. The course covers Section 106 of the National Historic Preservation Act as it relates to federally recognized Indian tribes. The course provides information for understanding and skills for working with tribes when planning and developing pre-application information for projects. For more information, link to the announcement. (7-16-19)

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• VDOT Report Addresses Management of Historic Roads

  A report issued by the Virginia Transportation Research Council addresses management considerations for historic roads. The report says there are unique challenges when it comes to managing the elements of historic significance in connection with historic roads, and a transportation department must take additional steps when contemplating any project affecting the road. Various elements and features must be identified and addressed, and a detailed history of the road’s historic significance must be prepared. For more information, link to Management Considerations for Historic Roads in Virginia. (7-12-19)

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• FHWA Newsletter Highlights Sec. 106 Agreements with Tribes

  A review of Section 106 agreements between the Federal Highway Administration and federally recognized tribes is provided in the June 2019 issue of FHWA’s Successes in Stewardship Newsletter. The issue gives an overview of tribal agreements and consultation under Section 106 of the National Historic Preservation Act, including memoranda of understanding, programmatic agreements, and consultation protocol agreements. The newsletter also provides some statistics on the number and types of agreements currently in place and a case study from North Dakota. For more information, link to the newsletter. (6-21-19)

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• GAO Advises on Better Tribal Consultation for Infrastructure Projects

  A Government Accountability Office report says that effective consultation between federal agencies and tribal governments regarding infrastructure projects affecting tribal natural and cultural resources could be improved. The GAO report identifies a variety of areas in which effective consultation is hindered. These include difficulties initiating consultation; disagreement on what level of tribal participation is satisfactory and whether tribes have sufficient resources to participate; the knowledge and capacity of agency officials and staff concerning tribal consultation; agencies’ respect for and knowledge of Indian law; and agencies’ practices for engaging with tribes and consulting with other federal agencies. The report offers recommendations including developing a government-wide system to identify and notify tribes of consultations. For more information, link to the report. (4-19-19)

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• NCHRP Issues Report on Highway Noise and Historic Properties

  Practices that state transportation agencies have used to mitigate the long-term effects of noise on historic properties are the focus of a new report issued under the National Cooperative Highway Research Program. NCHRP Project 25-25, Task 106, Highway Noise & Historic Properties: A National Review of Effects & Mitigation Practices, provides six case studies as examples of the current state of practice where project officials have resolved instances of adverse effects from increased traffic noise. The practices, ranging from conventional noise walls to sound-reducing landscaping, have involved extensive collaboration and consideration of the project context. For more information, link to the report. (3-7-19)

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• Study Reviews Section 106 Delegation Programmatic Agreements

  A review and reference guide on use of programmatic agreements for delegation of authority to state transportation agencies under Section 106 of the National Historic Preservation Act has been developed under the National Cooperative Highway Research Program. The project, Section 106 Delegation Programmatic Agreements: Review and Best Practices, includes a final report; quick reference guide for preparing, updating and implementing a delegation PA; and a power point presentation. For more information, link to the project web page. (3-7-19)

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