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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:

• Tier 1 projects have the potential to affect historic properties, but have been determined by UDOT qualified staff to result in no historic properties affected. These require no case-by-case review by SHPO, but will be reported to SHPO and FHWA on a quarterly basis. UDOT notifies all consulting parties of the finding and makes the documentation available for public inspection prior to approving the undertaking.
• Tier 2 Projects are those that result in a finding of no adverse effect or adverse effect. UDOT submits its finding of effect and supporting documentation to all consulting parties for review in accordance with 36 CFR 800.5 and 800.6. UDOT also notifies the ACHP of adverse effects.

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. 

Updated November 27, 2008

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