Virginia Department of Transportation Compliance with Section 106 of the National Historic Preservation Act

About the report:

Whenever a highway construction project is federally assisted, Section 106 of the National Historic Preservation Act, in effect, requires the Virginia Department of Transportation (VDOT) to locate and evaluate historic and prehistoric properties within the project area and to minimize any adverse effects that the project might have on a property determined to be included in or eligible for inclusion in the National Register of Historic Places. The process of complying with Section 106 contributes significantly to both national and state historic preservation efforts, but is time-consuming and costly for the VDOT or any other state agency whose federally assisted projects might impact historic sites. While Section 106 mandates consideration of both standing structures and archeological sites, the focus of this study is on the latter. This study (1) summarizes the theoretical process of compliance with Section 106, (2) summarizes and compares the compliance procedures of several East Coast states' transportation departments to those of the VDOT, and (3) makes several recommendations to expedite the VDOT's compliance process while still maintaining a commitment to historic preservation. These recommendations involve not only the VDOT but also other state agencies involved with cultural resources.

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