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FHWA/ACHP Partnership for Research and Innovation
Coordinating Section 106 with NEPA and other Federal requirements – New Tools available:
Program Comment for Common Post-1945 Bridges: The ACHP has issued a Program Comment that will eliminate historic review requirements under Section 106 of the National Historic Preservation Act for the repair or replacement of common post-1945 concrete and steel bridges.
Section 106 Case Studies
Each year thousands of federal-aid highway projects undergo Section 106 review. As with other federal agencies, most projects are routine and are resolved at the state level, without the ACHP’s involvement. However, some projects present complex issues or procedural challenges that warrant the participation of the ACHP. View case studies of recent FHWA projects successfully resolved with ACHP participation.
The use of statewide Section 106 Programmatic Agreements (PAs) can save a state transportation agency (STA) significant time and money in completing the review of routine and non-controversial FHWA projects. The ACHP checklist for drafting a FHWA statewide PA and several excellent PAs are posted as examples for transportation officials and State Historic Preservation Officers (SHPOs) working on new statewide PAs. Read here for more information on developing a PA for a FHWA program in your state. Section 106 PAs may also be used to conclude Section 106 consultation and resolve adverse effects to historic properties on complex projects, multiple undertakings, or when the effects of an undertaking on historic properties cannot be determined prior to concluding Section 106 review. Examples of project specific PAs include State Route 520 Widening and Bridge Replacement Project, Interstate 5 to Medina in Washington State and a PA that addresses the cumulative effects of rockfall mitigation on a National Historic Landmark in Colorado.
FHWA – ACHP Partnership
Since February of 2004, the FHWA has partnered with the ACHP to support research and innovation in coordinating Section 106 compliance with transportation planning and project development. The ACHP’s FHWA Program is managed by a full time senior staff member who serves as the FHWA Liaison and the principle point of contact for handling FHWA program and project review. The position is within the Office of Federal Agency Programs (OFAP) at the ACHP. In addition to assisting FHWA divisions in completing Section 106 review, the ACHP’s Liaison and Transportation Policy Team work with FHWA and the Department of Transportation on the development legislation, regulations, and implementing guidance for programs with the potential to affect historic properties. The tangible results of the partnership between FHWA and the ACHP include the execution of 28 Programmatic Agreements (PAs) and amended PAs for streamlining Section 106 review since 2004; the guidance and case studies included on this website; a nationwide exemption from review for the Interstate Highway System; and the development and delivery of training in Section 106 and Native American consultation.
Carol Legard, FHWA Liaison
FHWA’s Historic Preservation and Archaeology Program
For More Information from our Preservation Partners:
Updated December 16, 2013