Cultural Resource Laws, Regulations, and Policies
A number of different state and federal laws guide how WSDOT addresses cultural resources, depending on such factors as location, land ownership and permitting. This site offers a general overview. Please visit the Department of Archaeology and Historic Preservation for a comprehensive overview of state and federal cultural resources laws.
The WSDOT Environmental Procedures Manual provides an overview of compliance procedures and policy guidance pertaining to historic, cultural and archaeological resources (including historic highway bridges). Refer to the links below or contact the Cultural Resources Program for more detailed information.
Section 106 Review and Compliance
Section 106 of the National Historic Preservation Act requires that federal agencies take into account the effects of their activities on historic properties. Historic properties are sites, districts, objects, or structures that are eligible for listing in the National Register of Historic Places. A WSDOT project requires a Section 106 review if it has federal funding, requires a federal permit or takes place on federal or Tribal land. WSDOT must consult with Native American tribes, the State Historic Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), local governments and interested parties on project activities. (Please visit the WSDOT Tribal Liaison Office site for more information on tribal consultation for Transportation projects.) Section 106 was designed to allow the community to represent their interests and play a role in the process.
If a WSDOT project is federally funded or permitted, we work with the lead federal agency to comply with Section 106. Projects funded or approved by the Federal Highway Administration follow the process described in the Statewide Section 106 Programmatic Agreement (PA). The PA defines how WSDOT will consult with Native American Tribes and the State Historic Preservation Officer (SHPO) under Section 106 where FHWA is a federal lead or co-lead. (The co- lead process with FHWA is described in a Memorandum for Record.) Certain project activities or undertakings may be exempt from Section 106 review under the PA. (Please refer to Exhibit B of the PA for a comprehensive list of the exemption criteria.) Each quarter the Cultural Resources Program post an updated report of exempted projects under the PA. You may access the Section 106 Exempted Projects Report online (link below) or register for the Cultural Resources Program Notifications and you will receive email updates when the revised reports are posted.
Some projects are state-funded, but require a federal permit. Permits issued by the US Army Corps of Engineers (USACE) require Section 106 review and compliance. This process is described in a Memorandum for Record between USACE and WSDOT. WSDOT works with other federal agencies on a project-by-project basis, such as the National Park Service (NPS), Federal Transit Authority (FTA), USDA Forest Services, Federal Railroad Administration (FRA), etc..
Governor's Executive Order 05-05
State-funded capital construction projects, with no federal funding or permits, must comply with Governor's Executive Order 05-05 (GEO 05-05). GEO 05-05 requires a similar cultural resources review process to Section 106. The Department of Archaeology and Historic Preservation administers the review process and provides guidance documents and compliance forms online. For more information, please refer to the GEO 05-05 process flowchart for WSDOT projects.
The exemptions listed under Exhibit B of the FHWA/ WSDOT Statewide Section 106 PA may be applied to WSDOT projects under GEO 05-05 review. GEO 05-05 exempted projects are included in the Section 106 Exempted Projects Report.
Links to more information on Cultural Resource Management Laws and Regulations
FHWA - ACHP Historic Preservation Program *
USDOT Section 4f (Overview) *
Section 106 (Regulations Overview) *
GEO 05-05 (Regulations Overview) *
Working with Section 106- ACHP *
National Register of Historic Places (NPS) *
Secretary of Interior's Standards and Guidelines- Archaeology and Historic Preservation *
*External site, WSDOT is not responsible for the content.