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Historic Preservation Section 106 Review

Section 106 of the National Historic Preservation Act requires that whenever any program, project, or activity that by its nature has the potential to affect historic properties, the federal agency must review the proposed project's effects in accordance with the State Historic Preservation Officer (SHPO).

In Indiana, the director of the Department of Natural Resources (DNR) is the State Historic Preservation Officer (SHPO). The director of the DNR Division of Historic Preservation and Archaeology (DHPA) is the Deputy SHPO. Learn more about the Section 106 Review process.

OED will work with applicants on whether Section 106 compliance applies with their projects.

National Environmental Policy Act (NEPA) Questionnaire (if applicable)

OED Grants will confirm if NEPA is required after application is submitted. Some projects are excluded from NEPA review.

NEPA requires Federal agencies to consider potential environmental impacts into their decision-making processes of their proposed actions. For additional background on NEPA, please see DOE’s NEPA website. Recipients selected for an award will be required to assist in the timely and effective completion of the NEPA process in the manner most pertinent to their proposed project. If DOE determines certain records must be prepared to complete the NEPA review process (e.g., biological evaluations or environmental assessments), the costs to prepare the necessary records may be included as part of the project costs.

Davis Bacon Act

Generally speaking, all laborers and mechanics employed by applicants, subrecipients, contractors, or subcontractors in the performance of construction, alteration, or repair work funded in whole or in part with federal dollars shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).

Recipients of OED funding under IIJA programs will also be required to undergo Davis-Bacon Act compliance training and to maintain competency in Davis-Bacon Act compliance. DOE or OED will notify the recipient of any DOE sponsored Davis-Bacon Act compliance trainings. The U.S. Department of Labor (“DOL”) offers free Prevailing Wage Seminars several times a year that meet this requirement. Please click here to learn more.

Buy America Requirements for Infrastructure Projects

Pursuant to the Build America Buy America Act, subtitle IX of IIJA (Buy America or “BABA”), federally assisted projects that involve infrastructure work, undertaken by applicable recipient types, require that: all iron, steel, and manufactured products used in the infrastructure work are produced in the United States; and all construction materials used in the infrastructure work are manufactured in the United States. Please click here to learn more.