The National Historic Preservation Act (NHPA) preserves historical and archaeological sites in the United States. Section 106 of the NHPA requires agencies using Federal funds to identify historic properties and consider the effects of their projects on those historic properties. Under Section 4(f) found at 23 CFR Part 774, agencies of the U.S. DOT must avoid use of historic sites.
The Final Section 106 Program Comment for Rail Rights-of-Way (published in the Federal Register on August 24, 2018): excludes from the Section 106 consultation process routine activities affecting active transportation rights-of-ways.
FRA cultural resource links are often utilized by historic preservation staff and are referenced often on FRA’s webpages.
FRA’s historic preservation staff are responsible for managing the Section 106 review process for projects that receive financial assistance from FRA. This process including ensuring compliance with NHPA and other relevant federal historic preservation laws, reviewing and approving historic preservation documents, and working with consulting parties.