The National Historic Preservation Act (NHPA) addresses the stewardship of historic architectural and archaeological properties in the United States. Section 106 of the NHPA is a four-step decision-making process that requires Federal agencies to consider the effects of projects they fund, license, or approve on historic properties. At FRA, this is typically done in close coordination with Project Sponsors before grant funding is awarded. The Section 106 process is defined in 36 CFR Part 800 (the Protection of Historic Properties).

Another Federal law applicable to historic properties and Federal transportation projects is Section 4(f) of the USDOT Act (23 CFR Part 774). Under Section 4(f), USDOT agencies, including FRA, must avoid use of historic properties for transportation purposes unless there are no practical and feasible alternatives.

The Final Section 106 Program Comment for Rail Rights-of-Way (published in the Federal Register on August 24, 2018) excludes certain routine activities within rail ROW from the standard Section 106 review process.

FRA cultural resource links are often utilized by historic preservation staff and are referenced often on FRA’s webpages.

FRA’s Cultural Resource Division staff are responsible for managing the Section 106 review process for projects that receive financial assistance or other approvals from FRA. This process involves ensuring compliance with Section 106 and other relevant Federal historic preservation laws, reviewing and approving technical documents regarding the identification and evaluation of and effects to historic properties, and working with State Historic Preservation Offices, Tribal Historic Preservation Offices, other consulting parties, and the public.