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 (DAHP) for a comprehensive review of state and federal cultural resources laws.
WSDOT Compliance Procedures and Policies
The WSDOT Environmental Procedures Manual (Chapter 456) contains information on compliance procedures and policy guidance pertaining to historic, cultural and archaeological resources (including historic highway bridges). The manual outlines legal requirements and special provisions to address cultural resources in contracting for transportation projects.
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WSDOT Archaeologists uncover a historic wooden culvert exposed during construction activities.
The culvert once provided drainage or irrigation access to an adjacent stream. |
Emergency Procedures / Unanticipated Discovery
Every project that includes ground disturbance should have an Unanticipated Discovery Plan (UDP; also called an Inadvertent Discovery Plan or a Post-Review Discovery Plan). WSDOT Cultural Resources Specialists develop UDPs for transportation projects in the event archaeological or historical resources are identified during project activities. A UDP provides guidance through the notification process for an unanticipated discovery.
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, or the lead federal agency, must consult with Native American tribes, the State Historic Preservation Officer (DAHP), the Advisory Council on Historic Preservation (ACHP), and the public if there will be unavoidable impacts to historic resources. (Please visit the WSDOT Tribal Liaison Office site for more information on tribal consultation for transportation projects.)
Regulations require that WSDOT or the lead federal agency, seek out individuals or organizations in the community who have a demonstrated interest in the project to participate as Consulting Parties. The consultation process is an opportunity to participate in transportation projects and share information.
For more information on participating as a consulting party on transportation projects under section 106 review, please visit the Section 106 Consultation website.
Statewide Section 106 Programmatic Agreements
In Washington, the Federal Highway Administration (FHWA) has delegated section 106 responsibilities to WSDOT for transportation projects under the Statewide Section 106 Programmatic Agreement (PA) (pdf 170 kb) . The FHWA PA defines how WSDOT will consult with Native American Tribes and the State Historic Preservation Officer (DAHP).
WSDOT has recently entered into a Programmatic Agreement with the US Forest Service (USFS) and FHWA. Under the new USFS PA (pdf 181 kb) , WSDOT shall assume section 106 responsibilities for Federal-Aid Highway Program sponsored transportation projects on USFS land.
Project Exemptions
The FHWA PA and USFS PA identifies certain project activities or undertakings that are exempt from section 106 review. Exhibit B of the FHWA PA and Exhibit 2 of the USFS PA provide a comprehensive list of the exemption criteria.
Each month a list of exempted transportation projects are posted online (link below). Check back often or register for the Cultural Resources Program E-mail Updates to be notified when new lists are available.
Local agency transportation projects exempted under the PA are tracked separately by WSDOT Highways and Local Programs (H&LP). Visit the H&LP Cultural Resources website for more information on projects undergoing section 106 review.
Governor's Executive Order 05-05
State-funded capital construction projects, with no federal funding or permits , must comply with the 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.
The GEO 05-05 process flowchart for WSDOT projects provides a general overview of the compliance process as it relates to transportation 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
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