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Home Historic Preservation Programs & Officers Federal FHWA Utah PA Case Study
Case Study - Utah
Utah Division, FHWA, Programmatic Agreement Regarding Section 106 Implimentation for Federal-Aid Highway Projects
DESCRIPTION OF PROGRAM:
The Utah Division, FHWA, executed its first statewide Programmatic Agreement (PA) on Apri l 16, 2007. That PA was amended on April 16, 2010, in part, to address the assignment of the National Environmental Policy Act (NEPA) and Section 106 responsibilities to the state for projects classified as Categorical Exclusions under NEPA. The PA was a gain amended on June 3, 2013 and replaces and supersedes the two earlier agreements.
The Utah Department of Transportation ( UDOT ) retains its responsibility for environmental review, including Section 106 , for all projects classified as Categorical Exclu sions under NEPA , pursuant to 23 USC 326. The PA recognizes this assignment with UDOT having sole responsibility to conclude Section 106 for projects processed as Categorical Exclusions . The PA also includes the following provisions:
As with earlier versions, this PA is very well written and fairly concise, and should serve as a good model for other states wishing to (1) incorporate the US Army Corps of Engineers into the PA as a signatory; (2) delegate responsibility to the state DOT; (3) a ddress the FHWA’s government - to - government responsibility for consultation with federally - recognized Indian tribes; and (4) eliminat e SHPO and FHWA review of projects that result in no effect to historic properties.