The Cultural Resource Section (CRS) helps the NDDOT, as an applicant for federal funds and approvals, in compliance needed to address the National Historic Preservation Act process in consultation with the FHWA.
The CRS consults with SHPO and works with FHWA to consult with the regional THPOs/tribes. CRS completes identification efforts, reviews consultant reports on cultural resource surveys, works with others to assess effects, and follows through with any needed resolution of adverse effects. When appropriate, and we believe there is potential for exposure of previously unidentified significant resources or burials, we work to ensure monitoring of construction. If burials are exposed during construction of NDDOT projects we follow the ND State Burial Law or NAGPRA.
CRS also works on identification and avoidance of significant cultural resources on our material source locations, staging areas, and access roads related to this work.
NDDOT works closely with regional tribes to identify their concerns in regard to cultural resources of value to them. We have a Programmatic Agreement with the tribes that defines our consultation process that has been designed to foster relationships of trust and respect, and bring them into the NHPA Section 106 process as partners. Note that our identification and reporting requirements are in the Design Manual.
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 include sites, districts, objects, or structures that are eligible for listing in the National Register of Historic Places.
A NDDOT project requires a section 106 review if it has:
This document is the result of discussions during consultation between the North Dakota Department of Transportation (NDDOT), the Federal Highway Administration (FHWA) and the Tribes identified within agreement.
For projects where we believe the potential for discoveries is likely, the Cultural Resource Section (CRS) puts a Discovery Plan in-place prior to construction. If you have a Discovery situation and a Discovery Plan is in-place, follow the procedures outlined in the plan. If you are unsure what to do, the following would always be appropriate:
The North Dakota Department of Transportation, as an applicant for Federal funds and approvals, has responsibilities under the National Historic Preservation Act for compliance activities associated with the Section 106 process. The Federal Highway Administration and the Advisory Council on Historic Properties have encouraged states to formalize these roles through a programmatic agreement. Prior to signing the agreement we have worked on, we are offering the document for public review and comment for 2 weeks (as part of the requirements).
Review and Comment Deadline is: October 2nd, 2019.
These documents will be available for 2 weeks for public review and comment. Please use the contact form below to respond with comments relating to the Programmatic Agreement documents above.