NDDOT cultural resource specialists help the agency comply with state and federal cultural resource laws that apply to:
- Archaeological sites
- Historic structures
- Culturally important areas
To assess potential impacts, cultural resource specialists perform archaeological services, inventories, mitigation, and monitoring of historical sites, and monitoring of construction projects to ensure compliance. The Section also provides tribal consultation, agency coordination, and completes the necessary project permitting associated with federal and state requirements.
- Phone: (701) 328-4539 or (701) 328-4378
- Email: Cultural Resources Section
Cultural Resources Links
Cultural Resources Issues in the Design Manual: Chapter II
- Milestone (Page 7)
- Coordination (Page 21)
- Public Involvement (Page 62)
- SHPO SOV Guidance (Page 37)
- Public Hearing Notice (Page 14)
- Including Reference to the National Historic Preservation Act
- Cultural Resource Procedures
Cultural Resource Management Laws and Regulations
- FHWA - ACHP Historic Preservation Program
- Advisory Council on Historic Preservation (ACHP)
- USDOT Section 4f (Overview)
- Section 106 (Regulations Overview)
- Working with Section 106- ACHP
- National Register of Historic Places (NPS)
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 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:
- Federal funding,
- Requires a federal permit or
- Takes place on federal or Indian/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.
Programmatic Agreement for Tribal Consultation
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.
Solicitation of Views (SOV) Letter to State Historic Preservation Office (SHPO)
If 106 is completed in Milestone and you have a letter from SHPO concurring in a determination for the project, no formal SOV of SHPO is necessary unless the project has changed in a way that may affect that determination.
If you find cultural resources during a NDDOT project
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:
- If you have a discovery situation:
- STOP - Protect the discovery and contact Cultural Resources Section at phone number or email address above.
- If you discover a burial:
- STOP - Protect the burial and contact Cultural Resources Section at phone number or email address above.
- NOTE: The ND State burial law has strict time and reporting requirements. It is imperative that your notification to the NDDOT CRS be prompt and that the burial is well protected.
Avoidance of Cultural Resource Sites (CRS)
- CHECK THE PCR FOR ENVIRONMENTAL CONDITIONS! CHECK TO SEE IF THESE ARE PART OF THE PLANS! If there are unevaluated or eligible sites on your project the PCR may document the need to fence these resources during construction to ensure avoidance. Check with Cultural Resources Section to clarify
- Material source avoidance measures shall be strictly enforced
- Fencing of sites to ensure avoidance during construction/extraction activities
- Steel fence posts
- Snow fence (unless otherwise documented through CRS contact)
- On Projects Districts should coordinate fencing with CRS
- On Material Sources Contractor and/or District should coordinate fencing with CRS
- CRS must be present during fencing activities
- Fencing will not be removed until all construction/extraction activities have been completed.