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Example Statewide PA - Utah Division
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Utah Division, FHWA, Programmatic Agreement
Description of Program or Undertaking:
The Utah Statewide PA for the Federal-Aid Highway Program in Utah authorizes the Utah Department of Transportation (UDOT) to initiate and, in most cases, conclude consultation with the SHPO and other consulting parties for compliance with Section 106 of the National Historic Preservation Act.
The PA establishes a two tier process for project review:
FHWA retains responsibility for Tribal consultation, notification of the National Park Service and ACHP of adverse effects to a National Historic Landmark, participation in consultation to resolve adverse effects, and for dispute resolution. In developing this PA, FHWA and UDOT have consulted a wide range of stakeholders, including Indian tribes that may attach religious and cultural significance to historic properties.
Why This is a Good Model for Other States
The agreement is very well written and closely follows the requirements of the ACHP’s regulations at 36 CFR 800.3-800.6, except for (1) the elimination of case-by-case SHPO review for undertakings having no effect to historic properties and (2) delegation of authority (except for tribal consultation) to the UDOT. This PA is the first to include stipulations that provide for the assignment of FHWA’s responsibilities if UDOT assumes responsibility for environmental review, including Section 106, from FHWA for projects classified as Categorical Exclusions pursuant to Section 6004 of SAFETEA-LU.