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Federal Preservation Officer
Cultural Resource Management: Policy and Regulations
Section 106 Notes
Agency and Related Links

Federal Preservation Officer

MaryAnn Naber
DOT-FHWA
400 Seventh Street, SW
Room 3301
Washington, DC 20590
Phone: (202) 366-2060
Fax: (202) 493-2198
E-mail: maryann.naber@fhwa.dot.gov

Staff Point of Contact

Varies by State; see "Transportation-related Web sites" under Agency Links below.

Cultural Resource Management: Policy and Regulations

23 CFR Part 771: "Environmental Impact and Related Procedures"
Section 771.133—Compliance with other requirements
Section 771.135—Section 4(f)

Section 106 Notes

ACHP Endorses Florida Transportion Initiative to Improve Decisionmaking

The Advisory Council on Historic Preservation (ACHP) signed an agreement July 3, 2002, with the Florida Department of Transportation (DOT) to improve transportation decisionmaking within the State. The agreement was developed by Florida DOT in consultation with the Federal Highway Administration, and sets forth principles that guide how Florida DOT will meet future transportation needs and State goals more efficiently.

Among other initiatives, the principles call for agencies to collaborate throughout project planning so that technical, environmental, policy, and program issues can be resolved in a predictable and timely manner. The principles also require agencies and stakeholders to use current technology to facilitate early and effective communication. The agreement fulfills mandates set forth in the Tranportation Equity Act for the 21st Century and in the National Memorandum of Understanding, which calls for environmental streamlining.

While developing the agreement, Florida DOT coordinated with several Federal and State agencies, including the Florida State Historic Preservation Officer, to ensure that the new approach is responsive to the full range of potential environmental impacts, including impacts to historic properties.

In addition to ACHP and the Federal Highway Adminstration, other Federal agencies that endorsed the agreement are the U.S. Army Corps of Engineers, the Federal Transit Administration, the National Park Service, the Forest Service, the Natural Resources Conservation Service, the Environmental Protection Agency, the U.S. Coast Guard, the Fish and Wildlife Service, and the National Marine Fisheries Service.

FHWA Highway Noise Barrier Design Handbook

FHWA has issued the FHWA Highway Noise Barrier Design Handbook, which is available in both hard copy and CD versions, with a companion video. Copies are available through the National Technical Information Service, Technology Administration, U.S. Department of Commerce, Springfield, VA 22161. Phone: (800) 553-6847. Fax: (703) 605-6900. The CD version is also posted on the FHWA Web site at www.fhwa.dot.gov/environment/noise/Manual.htm.

Department of Transportation Orders New Focus on American Indian and Tribal Concerns

On November 16, 1999, Secretary Rodney Slater issued a directive calling for all agencies within the U. S. Department of Transportation to ensure that their programs are responsive to the concerns of American Indians, Alaska Natives, and tribes.

The order—which calls on agencies to build more effective working relationships with Native American tribal governments and to provide increased opportunities for Native Americans to participate in transportation programs—also announced that a new office will be designated within DOT to ensure that Native American and tribal concerns are adequately addressed.

The document sets forth DOT policy, including a requirement that agencies consult with Indian tribes prior to undertaking any actions that “may significantly or uniquely affect them.” The order details the relevant policy and lists the responsibilities of each DOT component, including:

• Working with federally recognized tribes and their designated representatives on a government-to-government basis respecting their rights to represent their respective interests;

• Assessing the environmental impact of department activities on tribal trust resources and ensuring that tribal interests are considered before these activities are undertaken; and

• Improving communication with American Indians, Alaska Natives, and tribes to respond more effectively to their concerns.

The full text of the DOT Order is available online as a PDF document.

(Reprinted with permission. ETAP ALERT, Volume 2, Issue 17: Bureau of National Affairs, Inc., Washington, DC)

Transportation Enhancement Program

On June 9, 1998, President Clinton signed into law the Transportation Equity Act for the 21st Century (TEA-21). This legislation updates Titles 23 and 49 of the United States Code and builds on the major changes made to Federal transporation policy and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA).

The legislation includes numerous provisions that address improvements and changes to the implementation of transportation enhancement activities, including provisions for scenic and historic highway programs, historic preservation, rehabilitation and operation of historic transportation facilities, and archeological planning and research.

The FHWA has recently issued interim guidance for the transporation enhancement program under TEA-21. Topics include public involvement, state selection criteria, eligibility and more. The report is available from the National Transportation Enhancements Clearinghouse at (888) 388-6832.

Nationwide Programmatic Agreement for Transportation Enhancement Program

• Introduction
• Text of Programmatic Agreement

Agency Links

Department of Transportation home page

Transportation-related Web sites, including States' Departments of Transportation

Updated December 3, 2003

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