127.2 Historic Preservation and Cultural Resources - Revision history

Hoskir: /* 127.2.9 Construction Inspection Guidance */ updated per RR4151

2026-05-06T15:42:35Z

127.2.9 Construction Inspection Guidance: updated per RR4151

← Older revision		Revision as of 10:42, 6 May 2026
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	Mitigation by data recovery is usually completed prior to construction if the presence of cultural resources is known. If [http://epg.modot.org/index.php/127.2_Historic_Preservation_and_Cultural_Resources#127.2.8_Artifacts_and_Features artifacts] are discovered during construction activities, the Historic Preservation section must be immediately notified. This will allow an inspection of the site by MoDOT HP staff to determine if further investigation is necessary before construction activities continue.		Mitigation by data recovery is usually completed prior to construction if the presence of cultural resources is known. If [http://epg.modot.org/index.php/127.2_Historic_Preservation_and_Cultural_Resources#127.2.8_Artifacts_and_Features artifacts] are discovered during construction activities, the Historic Preservation section must be immediately notified. This will allow an inspection of the site by MoDOT HP staff to determine if further investigation is necessary before construction activities continue.

	[http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec. 107.8.2] and [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=5 Sec. 203.4.8] of the ''Missouri Standard Specifications for Highway Construction'' require the contractor to take steps to preserve any such artifacts that may be encountered and to notify the MoDOT Construction Inspector or Resident Engineer of their presence. If it is necessary to discontinue operations in a particular area to preserve such objects, this section of the specifications is basis for a work suspension. In order to ensure compliance with applicable state laws, the MoDOT Construction Inspector or Resident Engineer cannot release remains or artifacts or allow the contractor to disturb the area within the 50-~~ft.~~ buffer space around these discovered items, until after consultation with MoDOT HP staff and until after all applicable requirements from FHWA or SHPO have been addressed.		[http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec. 107.8.2] and [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=5 Sec. 203.4.8] of the ''Missouri Standard Specifications for Highway Construction'' require the contractor to take steps to preserve any such artifacts that may be encountered and to notify the MoDOT Construction Inspector or Resident Engineer of their presence. If it is necessary to discontinue operations in a particular area to preserve such objects, this section of the specifications is basis for a work suspension. In order to ensure compliance with applicable state laws, the MoDOT Construction Inspector or Resident Engineer cannot release remains or artifacts or allow the contractor to disturb the area within the 330-foot or 100-meter buffer space around these discovered items, until after consultation with MoDOT HP staff and until after all applicable requirements from FHWA or SHPO have been addressed.

	===127.2.9.1 Cultural Resources Encountered During Construction===		===127.2.9.1 Cultural Resources Encountered During Construction===
	If cultural resources are encountered during construction, the contractor shall immediately stop all work within a 50-foot buffer around the limits of the resource and shall not resume without specific authorization from a MoDOT Historic Preservation Specialist. The contractor shall notify the MoDOT Resident Engineer or Construction Inspector, who shall contact the MoDOT HP within 24 hours of the discovery. MoDOT HP shall contact FHWA and SHPO within 48 hours of learning of the discovery and provide an evaluation of the resource and reasonable efforts to see if it can be avoided. FHWA shall make an eligibility and effects determination based upon the preliminary evaluation and consul with MoDOT, and SHPO a minimize or mitigate any adverse effect. FHWA will notify the Council and any tribes that might attach religious and/or cultural significance to the property within 48 hours of this determination. FHWA shall take into account Council and Tribal recommendations regarding the eligibility of the property and proposed actions, and direct MoDOT to carry out the appropriate actions. MoDOT will provide FHWA and SHPO with a report of the actions when they are completed. FHWA shall provide this report to the council and the tribes.		If cultural resources are encountered during construction, the contractor shall immediately stop all work within a 330-foot or 100-meter buffer around the limits of the resource and shall not resume without specific authorization from a MoDOT Historic Preservation Specialist. The contractor shall notify the MoDOT Resident Engineer or Construction Inspector, who shall contact the MoDOT HP within 24 hours of the discovery. MoDOT HP shall contact FHWA and SHPO within 48 hours of learning of the discovery and provide an evaluation of the resource and reasonable efforts to see if it can be avoided. FHWA shall make an eligibility and effects determination based upon the preliminary evaluation and consul with MoDOT, and SHPO a minimize or mitigate any adverse effect. FHWA will notify the Council and any tribes that might attach religious and/or cultural significance to the property within 48 hours of this determination. FHWA shall take into account Council and Tribal recommendations regarding the eligibility of the property and proposed actions, and direct MoDOT to carry out the appropriate actions. MoDOT will provide FHWA and SHPO with a report of the actions when they are completed. FHWA shall provide this report to the council and the tribes.

	===127.2.9.2 Human Remains Encountered During Construction===		===127.2.9.2 Human Remains Encountered During Construction===
	If human remains are encountered during construction, the contractor shall immediately stop all work within a 330-foot radius of the remains and shall not resume without specific authorization from MoDOT HP Staff, and either the SHPO or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. The contractor shall notify the MoDOT Construction Inspector and/or Resident Engineer who will contact the MoDOT HP section within 24 hours of the discovery. MoDOT HP staff will immediately notify the local law enforcement (to ensure that it is not a crime scene) and the SHPO as per RSMo 194 or to notify SHPO what has occurred and that it is covered by Missouri’s Cemeteries Law, §§ 214. RSMo. MoDOT HP staff will notify FHWA that human remains have been encountered within 24 hours of being notified of the find. If, within 24 hours, the contractor is unable to contact appropriate MoDOT staff, the contractor shall initiate the involvement by local law enforcement and the SHPO. A description of the contractor’s actions will be promptly made to MoDOT. FHWA will notify any Indian tribe that might attach cultural affiliation to the identified remains as soon as possible after their identification. FHWA shall take into account Tribal recommendations regarding treatment of the remains and proposed actions, and then direct MoDOT HP to carry-out the appropriate actions in consultation with the SHPO. MoDOT shall monitor the handling of any such human remains and associated funerary objected, sacred object or objects of cultural patrimony in accordance with the Missouri Unmarked Human Burial Sites Act, §§ 194.400 – 194.410, RSMo.		If human remains are encountered during construction, the contractor shall immediately stop all work within a 330-foot or 100-meter radius of the remains and shall not resume without specific authorization from MoDOT HP Staff, and either the SHPO or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. The contractor shall notify the MoDOT Construction Inspector and/or Resident Engineer who will contact the MoDOT HP section within 24 hours of the discovery. MoDOT HP staff will immediately notify the local law enforcement (to ensure that it is not a crime scene) and the SHPO as per RSMo 194 or to notify SHPO what has occurred and that it is covered by Missouri’s Cemeteries Law, §§ 214. RSMo. MoDOT HP staff will notify FHWA that human remains have been encountered within 24 hours of being notified of the find. If, within 24 hours, the contractor is unable to contact appropriate MoDOT staff, the contractor shall initiate the involvement by local law enforcement and the SHPO. A description of the contractor’s actions will be promptly made to MoDOT. FHWA will notify any Indian tribe that might attach cultural affiliation to the identified remains as soon as possible after their identification. FHWA shall take into account Tribal recommendations regarding treatment of the remains and proposed actions, and then direct MoDOT HP to carry-out the appropriate actions in consultation with the SHPO. MoDOT shall monitor the handling of any such human remains and associated funerary objected, sacred object or objects of cultural patrimony in accordance with the Missouri Unmarked Human Burial Sites Act, §§ 194.400 – 194.410, RSMo.

	==127.2.10 Historic Bridge Information==		==127.2.10 Historic Bridge Information==

Hoskir: /* 127.2.3.3.1 Missouri Unmarked Human Burials Law */ updated per RR4151

2026-05-06T15:40:58Z

127.2.3.3.1 Missouri Unmarked Human Burials Law: updated per RR4151

← Older revision		Revision as of 10:40, 6 May 2026
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	====127.2.3.3.1 Missouri Unmarked Human Burials Law====		====127.2.3.3.1 Missouri Unmarked Human Burials Law====
	If human skeletal remains are encountered during construction, their treatment will be handled in accordance with [https://revisor.mo.gov/main/OneChapter.aspx?chapter=194 Sections 194.400 to 194.410, RSMo], as amended. When human remains are encountered, the Contractor shall first stop all work within a 50-ft. radius of the remains, and secondly, shall notify the MoDOT Construction Inspector and/or Resident Engineer who will contact the Historic Preservation section. Historic Preservation staff will in turn notify the local law enforcement (to ensure that it is not a crime scene) and the State Historic Preservation Office (SHPO) as per RSMo 194 or to notify SHPO what has occurred and that it is covered by Missouri’s Cemeteries Law, §§ 214. RSMo. If the contractor is unable to contact appropriate MoDOT staff, the contractor shall initiate the involvement by local law enforcement and the SHPO. A description of the contractor’s actions will be promptly made to MoDOT.		If human skeletal remains are encountered during construction, their treatment will be handled in accordance with [https://revisor.mo.gov/main/OneChapter.aspx?chapter=194 Sections 194.400 to 194.410, RSMo], as amended. When human remains are encountered, the Contractor shall first stop all work within a 330-ft. or 100-meter radius of the remains, and secondly, shall notify the MoDOT Construction Inspector and/or Resident Engineer who will contact the Historic Preservation section. Historic Preservation staff will in turn notify the local law enforcement (to ensure that it is not a crime scene) and the State Historic Preservation Office (SHPO) as per RSMo 194 or to notify SHPO what has occurred and that it is covered by Missouri’s Cemeteries Law, §§ 214. RSMo. If the contractor is unable to contact appropriate MoDOT staff, the contractor shall initiate the involvement by local law enforcement and the SHPO. A description of the contractor’s actions will be promptly made to MoDOT.

	If the human remains are prehistoric, the agency must consult with Indian tribes who have with ancestral, historic, and ceded land connections to the area in which the remains are located to determine the appropriate treatment of the remains. [http://www.modot.org/ehp/TribalMap.htm Tribal consultation] may result in the conclusion that the remains should be preserved in place and construction plans changed to facilitate their preservation.		If the human remains are prehistoric, the agency must consult with Indian tribes who have with ancestral, historic, and ceded land connections to the area in which the remains are located to determine the appropriate treatment of the remains. [http://www.modot.org/ehp/TribalMap.htm Tribal consultation] may result in the conclusion that the remains should be preserved in place and construction plans changed to facilitate their preservation.

	====127.2.3.3.2 Missouri Cemetery Law====		====127.2.3.3.2 Missouri Cemetery Law====

Hoskir: /* 127.2.6 How does the District Initiate Section 106 Compliance */ fixed formatting for access brochure

2026-04-09T20:30:35Z

127.2.6 How does the District Initiate Section 106 Compliance: fixed formatting for access brochure

← Older revision		Revision as of 15:30, 9 April 2026
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	The submission by the Historic Preservation Section to the SHPO for project clearance minimally requires the project footprint on a topographic map. Most submissions also require a set of the project plans provided electronically for our graphic support staff to annotate with the results of our investigation. Photographs of a project area or specific resources (most often buildings or bridges) also may be requested from the district.		The submission by the Historic Preservation Section to the SHPO for project clearance minimally requires the project footprint on a topographic map. Most submissions also require a set of the project plans provided electronically for our graphic support staff to annotate with the results of our investigation. Photographs of a project area or specific resources (most often buildings or bridges) also may be requested from the district.

	It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [https://epg.modot.org/forms/general_files/DE/ENV/Property_Permission_Letter_E-HP_sample.docx sample letter requesting permission] and a [[https://epg.modot.org/forms/general_files/DE/ENV/PropertyAccessBrochureMoDOT.pdf\|brochure]] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.		It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [https://epg.modot.org/forms/general_files/DE/ENV/Property_Permission_Letter_E-HP_sample.docx sample letter requesting permission] and a [https://epg.modot.org/forms/general_files/DE/ENV/PropertyAccessBrochureMoDOT.pdf brochure] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.

	* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.		* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.

Hoskir: /* 127.2.6 How does the District Initiate Section 106 Compliance */ updated Access Brochure

2026-04-09T20:29:36Z

127.2.6 How does the District Initiate Section 106 Compliance: updated Access Brochure

← Older revision		Revision as of 15:29, 9 April 2026
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	The submission by the Historic Preservation Section to the SHPO for project clearance minimally requires the project footprint on a topographic map. Most submissions also require a set of the project plans provided electronically for our graphic support staff to annotate with the results of our investigation. Photographs of a project area or specific resources (most often buildings or bridges) also may be requested from the district.		The submission by the Historic Preservation Section to the SHPO for project clearance minimally requires the project footprint on a topographic map. Most submissions also require a set of the project plans provided electronically for our graphic support staff to annotate with the results of our investigation. Photographs of a project area or specific resources (most often buildings or bridges) also may be requested from the district.

	It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [https://epg.modot.org/forms/general_files/DE/ENV/Property_Permission_Letter_E-HP_sample.docx sample letter requesting permission] and a [[~~media~~:~~127~~.2.~~6_brochure~~.pdf\|brochure]] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.		It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [https://epg.modot.org/forms/general_files/DE/ENV/Property_Permission_Letter_E-HP_sample.docx sample letter requesting permission] and a [[https://epg.modot.org/forms/general_files/DE/ENV/PropertyAccessBrochureMoDOT.pdf\|brochure]] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.

	* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.		* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.

Hoskir: /* 127.2.6 How does the District Initiate Section 106 Compliance */ added link to MoDOT Built Env Methods

2026-01-07T20:55:11Z

127.2.6 How does the District Initiate Section 106 Compliance: added link to MoDOT Built Env Methods

← Older revision		Revision as of 15:55, 7 January 2026
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	The release of Federal funds by FHWA requires that the Section 106 process has been completed (i.e., the presence of historic properties and project effects upon any historic property(s) has been completed and SHPO has concurred with the finding).		The release of Federal funds by FHWA requires that the Section 106 process has been completed (i.e., the presence of historic properties and project effects upon any historic property(s) has been completed and SHPO has concurred with the finding).

			[https://epg.modot.org/forms/general_files/DE/ENV/Built_Environment_Resource_Methods.pdf MoDOT's Built Environment Resource Methods can be found here].

	==127.2.7 Confidentiality of Archaeological Site Locations==		==127.2.7 Confidentiality of Archaeological Site Locations==

Hoskir: /* 127.2.11 Early Acquisition of Right-of-Way and Disposal of Uneconomic Remnants */ updated per RR4106

2025-09-10T15:09:58Z

127.2.11 Early Acquisition of Right-of-Way and Disposal of Uneconomic Remnants: updated per RR4106

← Older revision		Revision as of 10:09, 10 September 2025
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	:* It would cause any significant adverse environmental impacts or cumulative effects if multiple parcels are acquired.		:* It would cause any significant adverse environmental impacts or cumulative effects if multiple parcels are acquired.

	To comply with Section 4(f) for early acquisition requires that there is a reasonable level of effort to identify historic properties prior to issuing a Section 4(f) approval. ~~A Phased~~ Section 106 process to identify and evaluate historic properties has been negotiated with FHWA, SHPO and the Advisory Council on Historic Preservation to help develop the reasonableness of the level of effort, which depends upon the anticipated effects of the project and nature of likely historic resources present in the area of potential effects. Completion of the 1st Phase of the ~~Phased~~ Section 106 process is required to identify “above ground” historic properties (e.g., buildings bridges, etc.) and to document the level of effort and justification for the conclusion that it is unlikely that there are additional “below ground” historic properties (e.g., archaeological sites) that could be subject to Section 4(f).		To comply with Section 4(f) for early acquisition requires that there is a reasonable level of effort to identify historic properties prior to issuing a Section 4(f) approval. The Section 106 process to identify and evaluate historic properties has been negotiated with FHWA, SHPO and the Advisory Council on Historic Preservation to help develop the reasonableness of the level of effort, which depends upon the anticipated effects of the project and nature of likely historic resources present in the area of potential effects. Completion of the 1st Phase of the Section 106 process is required to identify “above ground” historic properties (e.g., buildings bridges, etc.) and to document the level of effort and justification for the conclusion that it is unlikely that there are additional “below ground” historic properties (e.g., archaeological sites) that could be subject to Section 4(f).

	Details on this Right-of-Way acquisition process can be found in [[236.3 Administration#236.3.4.4 Early and Advance Acquisition\|EPG 236.3.4.4 Early and Advance Acquisition]].		Details on this Right-of-Way acquisition process can be found in [[236.3 Administration#236.3.4.4 Early and Advance Acquisition\|EPG 236.3.4.4 Early and Advance Acquisition]].

	MoDOT considers impacts to cultural resources on uneconomic remnant and excess right of way parcels previously purchased by MoDOT for prior to their sale or disposal. If these parcels are identified early in the project, that information should be provided to the Historic Preservation Section in order that those areas are included in the initial survey of the project area. Consideration of the entire parcel to be acquired during the project development process may avoid additional trips to the project area and ensures that late discovery of significant cultural resources will not endanger any agreements between the MoDOT, SHPO, FHWA, other state or federal agencies, and the landowner.		MoDOT considers impacts to cultural resources on uneconomic remnant and excess right of way parcels previously purchased by MoDOT for prior to their sale or disposal. If these parcels are identified early in the project, that information should be provided to the Historic Preservation Section in order that those areas are included in the initial survey of the project area. Consideration of the entire parcel to be acquired during the project development process may avoid additional trips to the project area and ensures that late discovery of significant cultural resources will not endanger any agreements between the MoDOT, SHPO, FHWA, other state or federal agencies, and the landowner.



	[[Category:127 MoDOT and the Environment\|127.02]]		[[Category:127 MoDOT and the Environment\|127.02]]

Hoskir: /* 127.2.6 How does the District Initiate Section 106 Compliance */ updated per RR4106

2025-09-10T15:06:53Z

127.2.6 How does the District Initiate Section 106 Compliance: updated per RR4106

Hoskir: updated link to bridgehunter.com

2025-04-01T14:44:54Z

updated link to bridgehunter.com

← Older revision		Revision as of 09:44, 1 April 2025
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	There are about 24,000 bridges in the state (state, county and city bridges). The 1996 [http://sp/sites/DE/environmental_historic_pres/Shared%20Documents/Forms/AllItems.aspx?RootFolder=%2Fsites%2FDE%2Fenvironmental%5Fhistoric%5Fpres%2FShared%20Documents%2FHistoricBridgeInventory&FolderCTID=0x0120008AD5F6AB07EC7C40A28041CBD4D69592&View=%7BAAE47A11%2D3349%2D48D6%2DB930%2D913EB12A229F%7D Missouri Historic Bridge Inventory] survey evaluated approximately 11,000 of them that were built before 1951. About 1,800 of these had some potential for NRHP eligibility and were researched in more detail. Of these, 399 were considered possibly eligible, eligible or listed on the NRHP. In 2003, a Programmatic Agreement between the MoDOT, FHWA, [http://dnr.mo.gov/shpo/index.html State Historic Preservation Office] and [http://www.achp.gov/ Advisory Council on Historic Preservation] accepted the results of Fraser’s 1996 survey and the 399 most significant bridges became the [http://epg.modot.org/files/8/87/127.2_Missouri_Historic_Bridge_List.xlsx Missouri Historic Bridge List] (with some modifications). That same year the Missouri Historic Bridge Management Plan outlined a strategy for dealing with historic bridges on the list.		There are about 24,000 bridges in the state (state, county and city bridges). The 1996 [http://sp/sites/DE/environmental_historic_pres/Shared%20Documents/Forms/AllItems.aspx?RootFolder=%2Fsites%2FDE%2Fenvironmental%5Fhistoric%5Fpres%2FShared%20Documents%2FHistoricBridgeInventory&FolderCTID=0x0120008AD5F6AB07EC7C40A28041CBD4D69592&View=%7BAAE47A11%2D3349%2D48D6%2DB930%2D913EB12A229F%7D Missouri Historic Bridge Inventory] survey evaluated approximately 11,000 of them that were built before 1951. About 1,800 of these had some potential for NRHP eligibility and were researched in more detail. Of these, 399 were considered possibly eligible, eligible or listed on the NRHP. In 2003, a Programmatic Agreement between the MoDOT, FHWA, [http://dnr.mo.gov/shpo/index.html State Historic Preservation Office] and [http://www.achp.gov/ Advisory Council on Historic Preservation] accepted the results of Fraser’s 1996 survey and the 399 most significant bridges became the [http://epg.modot.org/files/8/87/127.2_Missouri_Historic_Bridge_List.xlsx Missouri Historic Bridge List] (with some modifications). That same year the Missouri Historic Bridge Management Plan outlined a strategy for dealing with historic bridges on the list.

	Additional information on individual bridges can be found at [~~http~~://bridgehunter.com/mo/ BridgeHunter.com]. Also, [http://onlinepubs.trb.org/onlinepubs/archive/NotesDocs/25-25(15)_FR.pdf ''Context for Common Historic Bridge Types''] is available for reference.		Additional information on individual bridges can be found at [https://www.bridgehunter.com/states/MO BridgeHunter.com]. Also, [http://onlinepubs.trb.org/onlinepubs/archive/NotesDocs/25-25(15)_FR.pdf ''Context for Common Historic Bridge Types''] is available for reference.

	==127.2.11 Early Acquisition of Right-of-Way and Disposal of Uneconomic Remnants==		==127.2.11 Early Acquisition of Right-of-Way and Disposal of Uneconomic Remnants==

Hoskir: /* 127.2.6 How does the District Initiate Section 106 Compliance */ updated link

2025-02-19T16:22:53Z

127.2.6 How does the District Initiate Section 106 Compliance: updated link

← Older revision		Revision as of 11:22, 19 February 2025
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	The submission by the Historic Preservation Section to the SHPO for project clearance minimally requires the project footprint on a topographic map. Most submissions also require a set of the project plans provided electronically for our graphic support staff to annotate with the results of our investigation. Photographs of a project area or specific resources (most often buildings or bridges) also may be requested from the district.		The submission by the Historic Preservation Section to the SHPO for project clearance minimally requires the project footprint on a topographic map. Most submissions also require a set of the project plans provided electronically for our graphic support staff to annotate with the results of our investigation. Photographs of a project area or specific resources (most often buildings or bridges) also may be requested from the district.

	It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [~~[media~~:Property_Permission_Letter_E-HP_sample~~-07-23~~.docx\|sample letter requesting permission]] and a [[media:127.2.6_brochure.pdf\|brochure]] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.		It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [https://epg.modot.org/forms/general_files/DE/ENV/Property_Permission_Letter_E-HP_sample.docx sample letter requesting permission] and a [[media:127.2.6_brochure.pdf\|brochure]] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.

	:* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.		:* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.

Hoskir: /* 127.2.9.2 Human Remains Encountered During Construction */ updated per RR3924

2024-09-03T19:01:20Z

127.2.9.2 Human Remains Encountered During Construction: updated per RR3924

← Older revision		Revision as of 14:01, 3 September 2024
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	===127.2.9.2 Human Remains Encountered During Construction===		===127.2.9.2 Human Remains Encountered During Construction===
	If human remains are encountered during construction, the contractor shall immediately stop all work within a 50-foot radius of the remains and shall not resume without specific authorization from either the SHPO or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. The contractor shall notify the MoDOT Construction Inspector and/or Resident Engineer who will contact the MoDOT HP section within 24 hours of the discovery. MoDOT HP staff will immediately notify the local law enforcement (to ensure that it is not a crime scene) and the SHPO as per RSMo 194 or to notify SHPO what has occurred and that it is covered by Missouri’s Cemeteries Law, §§ 214. RSMo. MoDOT HP staff will notify FHWA that human remains have been encountered within 24 hours of being notified of the find. If, within 24 hours, the contractor is unable to contact appropriate MoDOT staff, the contractor shall initiate the involvement by local law enforcement and the SHPO. A description of the contractor’s actions will be promptly made to MoDOT. FHWA will notify any Indian tribe that might attach cultural affiliation to the identified remains as soon as possible after their identification. FHWA shall take into account Tribal recommendations regarding treatment of the remains and proposed actions, and then direct MoDOT HP to carry-out the appropriate actions in consultation with the SHPO. MoDOT shall monitor the handling of any such human remains and associated funerary objected, sacred object or objects of cultural patrimony in accordance with the Missouri Unmarked Human Burial Sites Act, §§ 194.400 – 194.410, RSMo.		If human remains are encountered during construction, the contractor shall immediately stop all work within a 330-foot radius of the remains and shall not resume without specific authorization from MoDOT HP Staff, and either the SHPO or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. The contractor shall notify the MoDOT Construction Inspector and/or Resident Engineer who will contact the MoDOT HP section within 24 hours of the discovery. MoDOT HP staff will immediately notify the local law enforcement (to ensure that it is not a crime scene) and the SHPO as per RSMo 194 or to notify SHPO what has occurred and that it is covered by Missouri’s Cemeteries Law, §§ 214. RSMo. MoDOT HP staff will notify FHWA that human remains have been encountered within 24 hours of being notified of the find. If, within 24 hours, the contractor is unable to contact appropriate MoDOT staff, the contractor shall initiate the involvement by local law enforcement and the SHPO. A description of the contractor’s actions will be promptly made to MoDOT. FHWA will notify any Indian tribe that might attach cultural affiliation to the identified remains as soon as possible after their identification. FHWA shall take into account Tribal recommendations regarding treatment of the remains and proposed actions, and then direct MoDOT HP to carry-out the appropriate actions in consultation with the SHPO. MoDOT shall monitor the handling of any such human remains and associated funerary objected, sacred object or objects of cultural patrimony in accordance with the Missouri Unmarked Human Burial Sites Act, §§ 194.400 – 194.410, RSMo.

	==127.2.10 Historic Bridge Information==		==127.2.10 Historic Bridge Information==

← Older revision		Revision as of 10:06, 10 September 2025
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	It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [https://epg.modot.org/forms/general_files/DE/ENV/Property_Permission_Letter_E-HP_sample.docx sample letter requesting permission] and a [[media:127.2.6_brochure.pdf\|brochure]] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.		It is the district’s responsibility to contact the landowner or tenant to obtain the right of ingress for Historic Preservation staff to conduct a cultural resources survey. The project manager should verify with the historic preservation and environmental staff to verify if there are parcels that access is not required. The project manager provides a written list (e-mail is acceptable) of landowners with their phone number, permission status (ingress allowed, denied, or unknown) to the archaeologist or architectural historian handling the job. A [https://epg.modot.org/forms/general_files/DE/ENV/Property_Permission_Letter_E-HP_sample.docx sample letter requesting permission] and a [[media:127.2.6_brochure.pdf\|brochure]] showing a typical survey are provided. For any specific questions by a landowner, MoDOT historic preservation staff will make follow-up contacts.

	:* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.		* During the ''Location/Conceptual Stage'', the HP staff should be consulted to determine if the project is a Section 106 undertaking, and if so, initiate the Section 106 process. The Section 106 process can be completed at this stage for certain projects that are considered “Minor Highway Projects” as per executed agreement documents. A change of the scope (e.g., type of project, later addition of right-of-way and/or easements, etc.) may remove a project from an earlier finding under this PA.
	:* During the ''Preliminary Plans Stage'' the HP staff should establish the APE, identify historic properties, assess the project’s effects upon them, resolve any adverse effects, and obtained SHPO’s concurrence with MoDOT’s finding (i.e., the standard Section 106 process).		* During the ''Preliminary Plans Stage'' the HP staff should establish the APE, identify historic properties, assess the project’s effects upon them, resolve any adverse effects, and obtained SHPO’s concurrence with MoDOT’s finding (i.e., the standard Section 106 process).
	::o To start the Section 106 process, the Historic Preservation section needs a footprint to survey (i.e., the maximum area consisting of new and existing right-of-way and temporary/permeant easements) and landowner permission.		:* To start the Section 106 process, the Historic Preservation section needs a footprint to survey (i.e., the maximum area consisting of new and existing right-of-way and temporary/permeant easements) and landowner permission.
	:::▪ The “maximum footprint” should be larger enough to allow for adjustments during the design process and should include any known or planned offsite activity locations (e.g., borrow sites, staging areas, haul roads, burn pits and spoil sites, etc.).		::* The “maximum footprint” should be larger enough to allow for adjustments during the design process and should include any known or planned offsite activity locations (e.g., borrow sites, staging areas, haul roads, burn pits and spoil sites, etc.).
	:::▪ After the district has initiated landowner contact, HP staff can make follow-up calls if a property owner has specific questions, requests, or concerns.		::* After the district has initiated landowner contact, HP staff can make follow-up calls if a property owner has specific questions, requests, or concerns.
	:* ~~By the ''Right of Way Plans Stage''~~, HP staff ~~should have completed~~ the ~~standard Section 106 process~~ (~~the preferred method~~) ~~or notified FHWA and SHPO that a “Phased” Section 106 process~~ is ~~being used~~.		:* If landowner permission is not given, HP staff will work with the district to determine if a project specific programmatic agreement (PA) is needed. A project specific PA is needed when enough property is restricted to prevent a standard investigation to complete the Section 106 process. This process is necessary to allow for the release of Federal funds for the purchase of properties with MoDOT making a commitment to complete the Section 106 process and for MoDOT to address any adverse effect to historic properties determined later in the project development process.
	~~::o The “Phased Section 106 process~~ is ~~used~~ when ~~access to~~ enough property is restricted to prevent a standard investigation to complete the Section 106 process ~~before the ROW stage of project development~~. This ~~allows~~ the release of Federal funds for the purchase of properties with MoDOT making a commitment to complete the Section 106 process~~, which might lead to selling previously acquired property~~ and ~~the purchase of additional property in order~~ to ~~avoid an~~ adverse effect to a historic ~~property~~ determined later in the project development process.		* By the ''Right of Way Plans Stage'', HP staff should have completed the standard Section 106 process.
	::o An Acquisition Authority (A-Date) for property acquisition can be approved upon SHPO accepting the initial ~~Phased~~ Section 106 submittal ~~or by SHPO not responding within 15 days of their having received the submittal~~ and the NEPA ~~documentation is completed~~.		:* An Acquisition Authority (A-Date) for property acquisition can be approved upon SHPO accepting the initial Section 106 submittal, and the NEPA approval has been given.
	:* By the completion of the ''Final Design Stage'', the ~~“Phased”~~ Section 106 process should be completed, if being used, and any required agreement document has been executed.		* By the completion of the ''Final Design Stage'', the Section 106 process should be completed, if being used, and any required agreement document has been executed.
	::o Stipulations in the agreement document that need to be finished before construction need to be completed by the PS&E date.		:* Stipulations in the agreement document that need to be finished before construction need to be completed by the PS&E date.
	::o ''Job Special Provisions (JSP'') – Some jobs may require a JSP to the construction contract to guarantee that commitments made in the Section 106 agreement document or NEPA documentation to protect cultural resources from collateral damage that may occur during construction or carried out (e.g., monitoring construction, avoidance of certain areas within the job boundaries, etc.). The HP staff will draft the job special provisions with assistance from the district design staff.		:* ''Job Special Provisions (JSP'') – Some jobs may require a JSP to the construction contract to guarantee that commitments made in the Section 106 agreement document or NEPA documentation to protect cultural resources from collateral damage that may occur during construction or carried out (e.g., monitoring construction, avoidance of certain areas within the job boundaries, etc.). The HP staff will draft the job special provisions with assistance from the district design staff.

	The release of Federal funds by FHWA requires that the Section 106 process has been completed (i.e., the presence of historic properties and project effects upon any historic property(s) has been completed and SHPO has concurred with the finding).		The release of Federal funds by FHWA requires that the Section 106 process has been completed (i.e., the presence of historic properties and project effects upon any historic property(s) has been completed and SHPO has concurred with the finding).