Historical and Cultural Resources
The Environmental Office assesses impacts of projects with a federal nexus on properties, sites, buildings, structures and places that are listed on, or may be eligible for inclusion on the National Register of Historic Places under Section 106 of the National Historic Preservation Act. The Environmental Office also evaluates property impacts on resources (publicly owned parks, recreation areas, wildlife and waterfowl refuges, and public or privately owned historic sites) protected under Section 4(f) of the United States Department of Transportation Act and assesses impacts of property acquisitions on properties with Land and Water Conservation Funds (Section 6(f)).
The Environmental Office conducts project database and field assessments to inventory the resources in the vicinity of the proposed project. The data is used to coordinate the project impacts with the resource agencies and consulting parties in order to solicit comments and approvals.
Archaeological Resources Protection Guidance
Archeological Resources Protection Act (16 U.S.C. 470aa-470mm)
The Archaeological Resources Protection Act does not allow any excavation, removal, damage, or alteration of any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit or the exemption contained in section 470cc(g)(1) of this title.
MaineDOT complies with the Archaeological Resources Protection Act through coordination with the Maine Historic Preservation Commission Archaeological staff, tribes and Section 106.
Land and Water Conservation Guidance
Land and Water Conservation Fund Act (54 U.S.C. 200302 – 200310)
Land and Water Conservation Act Guidance
Section 6(f) of the Land and Water Conservation Fund Act (LWCFA) ensures that once an area has been funded with LWCFA assistance, it is continually maintained in public recreation use unless the National Park Service (NPS) approves substitution property of reasonably equivalent usefulness and location and of at least equal fair market value. The Secretary must approve all conversions of property acquired or developed with LWCFA assistance under this section to other than public outdoor recreation uses.
Native American Grave Protection and Repatriation Guidance
Native American Grave Protection and Repatriation Act (25 U.S.C. 3001-3013; 18 U.S.C. 1170)
One of the major purposes of the Native American Grave Protection and Repatriation Act (NAGPRA) is to provide greater protection for Native American burial sites and more careful control over the removal of Native American human remains, funerary objects, sacred objects, and items of cultural patrimony on federal and tribal lands. NAGPRA requires that Indian tribes or Native Hawaiian organizations be consulted whenever archeological investigations encounter, or are expected to encounter, Native American cultural items or when such items are unexpectedly discovered on federal or tribal lands. Excavation or removal of any such items also must be done under procedures required by the Archaeological Resources Protection Act.
MaineDOT complies with NAGPRA through coordination with the Maine Historic Preservation Commission Archaeological staff, tribes and Section 106.
Preservation of Historical and Archaeological Data Guidance
Preservation of Historical and Archeological Data (54 U.S.C. 312501- 312508)
The Preservation of Historical and Archaeological Data requires when any federal agency finds, or is notified, in writing, by an appropriate historical or archeological authority, that its activities in connection with any federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, the agency shall notify the Secretary, in writing, and shall provide the Secretary with appropriate information concerning the project, program, or activity.
MaineDOT complies with the Preservation of Historical and Archaeological Data Act through coordination with the Maine Historic Preservation Commission Archaeological staff, tribes and Section 106.
Section 106 Guidance
Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. 306101 et seq.)
Section 106 Standard Operating Procedure (PDF)
Section 106 of the National Historic Preservation Act requires that federal agencies take into account the effects of their undertaking on historic properties that are included on the National Register of Historic Places or that meet the criteria for the National Register.
Section 4(f) Guidance
Section 4(f) of the Department of Transportation Act (23 U.S.C. 138 and 49 U.S.C. 303)
Section 4(f) Standard Operating Procedure (PDF)
Section 4(f) of the Department of Transportation Act does not allow approval of any project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, state, or local significance as determined by the federal, state, or local officials having jurisdiction, or any land from an historic site of national, state, or local significance as so determined by such officials unless (1) there is no feasible and prudent alternative to the use of such land, and (2) project includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use.
