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Federal Highway Administration and Advisory Council on Historic Preservation and Innovation

Since February 2004, the FHWA has partnered with the ACHP to support research, program improvements, and innovative approaches to resolving challenges to compliance with historic preservation laws and regulations on Federal-Aid Highway projects.  The results of this research are shared with Section 106 practitioners and others with an interest in the Section 106 review process through the collaborative development of recommendations and guidance, and the publication of best practices, case studies, and example documents on this website. Read here for more information about the FHWA-ACHP Partnership.  

Section 106 Review

Each year thousands of federal-aid highway projects undergo Section 106 review. As with other federal agencies, most projects are routine and are resolved at the state level, without the ACHP’s involvement. However, some projects present complex issues or procedural challenges that warrant the participation of the ACHP. View FHWA projects recently reported in the ACHP’s Case Digest, and Case Studies describing Section 106 reviews and lessons learned for FHWA projects successfully resolved with ACHP participation.

Programmatic Agreements

The use of statewide Section 106 Programmatic Agreements (PAs) can save a state transportation agency (STA) significant time and money in completing the review of routine and non-controversial FHWA projects. New statewide PAs have been recently signed for the treatment of Euro-American Archaeological Sites in Illinois, minor transportation projects in Kentucky, and the treatment of abandoned railroads in the state of Montana. The ACHP checklist for drafting a FHWA statewide PA and several excellent PAs are posted as examples for transportation officials and State Historic Preservation Officers (SHPOs) working on new statewide PAs. Read here for more information on developing a PA for a FHWA program in your state, and about PAs developed for the resolution of adverse effects that may result from complex projects or multiple undertakings. 

FHWA – ACHP Partnership

Since February of 2004, the FHWA has partnered with the ACHP to support research and innovation in coordinating Section 106 compliance with transportation planning and project development. The ACHP’s FHWA Program is managed by a full time senior staff member who serves as the FHWA Liaison and the principle point of contact for handling FHWA program and project review. The position is within the Office of Federal Agency Programs (OFAP) at the ACHP. In addition to assisting FHWA divisions in completing Section 106 review, the ACHP’s Liaison and Transportation Policy Team work with FHWA and the Department of Transportation on the development legislation, regulations, and implementing guidance for programs with the potential to affect historic properties. The tangible results of the partnership between FHWA and the ACHP include the execution of 28 Programmatic Agreements (PAs) and amended PAs for streamlining Section 106 review since 2004; the guidance and case studies included on this website; a nationwide exemption from review for the Interstate Highway System; and the development and delivery of training in Section 106 and Native American consultation. 

FHWA’s Historic Preservation and Archaeology Program provides guidance and technical assistance to Federal, State, and local government staff regarding these Federal laws, as well as regulations, executive orders, policy, procedures, and training on topics related to historic preservation and cultural resources. FHWA’s Historic Preservation website provides information about the Federal-aid highway program and guidance for compliance with Section 106 and other environmental laws, recommendations, and successful practices to help address historic preservation/cultural resource issues during the transportation project planning and development process.

Local Governments and Section 106

Local commissions may get involved and influence transportation decisions. Read an overview on the topic.

View the PowerPoint presentation from the National Preservation Conference in Nashville on October 16, 2009.

ARRA Implementation by the Federal Highway Administration and State Departments of Transportation

The ACHP has posted information about the status of FHWA's economic recovery programs, including the TIGER (Transportation Investment Generating Economic Recovery) Discretionary Grants and the availability of Recovery Act funds for transportation enhancement projects, including eligible preservation activities. Read here for more information.

ACHP Staff Points of Contact

Carol Legard, FHWA Liaison
Phone: 202-606-8522
Email: clegard@achp.gov
Policy and Case Review for Alabama-Montana

Najah Duvall-Gabriel
Phone: 202-606-8585
Email: ngabriel@achp.gov
Section 106 Case Review Nebraska-Wyoming

For More Information from ACHP regarding this topic:

• Section 106 Case Summaries
• FHWA Legislation, Regulations, and Implementing Guidance
• Section 4(f) of the Department of Transportation Act
• Programmatic Agreements
• FHWA Program Contacts
• Interstate Highway Exemption
• Advanced Section 106 Seminar

For More Information from our Preservation Partners:

• FHWA’s Historic Preservation and Archaeology Program
• FHWA’s Environmental Toolkit
• FHWA’s Planning and Environmental Linkages
• AASHTO Center for Environmental Excellence
• AASHTO Guidelines for Historic Bridge Rehabilitation and Replacement
• FHWA: Successes in Stewardship Newsletter
• Transportation Research Board's (TRB) National Cooperative Highway Research Program (NCHRP) conducts research in problem areas that affect highway planning, design, construction, operation, and maintenance nationwide.
• Effective Practices for Considering Historic Preservation in Transportation Planning and Early Project Development
• Historic Bridges Community of Practice

Updated September 9, 2011

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