Programmatic Categorical Exclusions and Minnesota archeology statutes
By: Dale Gade, Project Development Engineer
Photo courtesy of Council
for Minnesota Archaeology
If you’ve read through your Cultural Resources Unit (CRU) Section 106 clearance letters you may have noticed under the “Conclusions” section a new comment. That comment now reads:
“This letter also documents that MnDOT has no responsibilities under the Minnesota Historic Sites Act, the Minnesota Field Archaeology Act, or the Private Cemeteries Act. The (Insert Agency) is responsible for compliance with Minnesota Statute as the entity funding or permitting the project and since it controls the land on which the project will occur.”
This change is a result of confusion associated with MnDOT CRU’s role in the communications regarding Section 106 of the National Historic Preservation Act. Since 2018, MnDOT CRU has been assisting with communications regarding the Minnesota Statutes but has had to take a hands-off approach as they do not have regulatory role under the Minnesota Statutes if the land is not owned by MnDOT.
Photo courtesy of MPR News
Under Section 106 of the National Historic Preservation Act MnDOT Cultural Resources Unit is reviewing projects per the federal process outlined under the Programmatic Categorical Exclusions (PCE) process. This is part of a federal environmental review process. Minnesota also has several state statutes that are pertinent to archaeology and historic properties, which are mentioned in the CRU “Conclusions” comment. Those statutes are the Minnesota Historic Sites Act (Minn. Stat. 2023 138.661-138.669); Minnesota Field Archaeology Act (Minn. Stat. 2023 138.31-138.42); and Minnesota Private Cemeteries Act (Minn. Stat.2023 307.08). MnDOT CRU’s Section 106 letter may assist project proposers in their coordination with the applicable agencies and stakeholders, but final responsibility for that clearance under the state statues rest with the project and landowner.
Since this is a recent change MnDOT CRU and State Aid plan on hosting a webinar in April 2024 to discuss the specifics of the change and how project proposers can address the requirements. SALT will be sending out details of this webinar once details are finalized.