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Home Historic Preservation Programs & Officers Federal FHWA Delaware PA Case Study
Case Study - Delaware
FHWA and DelDOT have developed a new Programmatic Agreement that delegates responsibility to DelDOT and eliminates SHPO review on routine maintenance and repairs to highway infrastructure in Delaware.
DESCRIPTION OF PROGRAM:
On September 19, 2013 the Advisory Council on Historic Preservation signed a new Programmatic Agreement with the Federal Highway Administration (FHWA) for the State of Delaware. The signatories to the PA are the FHWA, Delaware State Historic Preservation Officer (SHPO), ACHP, and Delaware Department of Transportation (DelDOT). The PA was developed to establish a more efficient approach to Section 106 compliance for Federal-Aid Highway projects in Delaware. Except for consultation with Indian tribes, which remains the responsibility of FHWA, DelDOT has been delegated responsibility to initiate consultation, and complete Section 106 review for most undertakings without the participation of FHWA. FHWA must be involved in consultation when an undertaking results in a finding of adverse effect on historic properties or when a preservation easement or covenant is used to resolve adverse effects. FHWA must also participate when DelDOT invokes the provisions for post-review discoveries, emergency undertakings, or dispute resolution.
Two types of projects are exempted from SHPO review under the new PA:
SHPO review is streamlined with the following measures:
The PA was developed through considerable negotiation among the signatory parties and serves the interests of FHWA and DelDOT in creating efficiencies in project review. It also addresses several concerns of the SHPO about the handling of Section 106 review in Delaware (e.g., effective use of preservation covenants). FHWA also consulted with two federally-recognized Indian tribes, the Delaware Nation and the Delaware Tribe of Indians in developing the PA. Public outreach was achieved by seeking input from targeted audiences: local government and private historic preservation organizations, including preservation planners from New Castle, Kent, and Sussex County, the City of Wilmington, and Preservation Delaware Inc.
For more information please contact Carol Legard, FHWA Liaison, at firstname.lastname@example.org.