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Case Study - Missouri

Statewide Programmatic Agreement for Minor Transportation Projects

Description of Program

On February 19, 2009 the Advisory Council on Historic Preservation (ACHP) executed a Programmatic Agreement (PA) with the Missouri Division, Federal Highway Administration (FHWA), the Missouri Department of Transportation (MoDOT), and the Missouri State Historic Preservation Officer (SHPO) to streamline review of minor highway projects funded by the FHWA. Through the PA, FHWA delegates many of the tasks required in the Section 106 review process to MoDOT. It also eliminates case-by-case review by FHWA and the SHPO of minor highway projects that have either (1) been determined to have no potential to cause adverse effects to historic properties or that (2) have no potential historic properties within the area of potential effects (APE). The projects exempted from review include a range of routine maintenance projects and improvements to existing roadways and bridges that will not cause ground disturbance outside of areas already disturbed. Minor highway projects exempted from Section 106 review under Stipulation IV.A (Projects with No Potential to Cause Adverse Effects) must be within the existing right-of-way, and cannot occur in a listed National Register District. Project types listed in Stipulation V.A. are exempted from SHPO review when MoDOT completes the identification of historic properties in accordance with 36 CFR 800.4 and determines that no potential historic properties are located within the APE. Qualified professional cultural resources staff will screen all exempted undertakings.

The PA requires that FHWA carry out the requirements of 36 CFR Part 800 for all Federal undertakings not specifically identified as exempt from review.  The PA requires MoDOT to prepare an annual report for submittal to the Missouri SHPO, ACHP, and FHWA Division Office listing projects that were carried out under the exemption clause of the PA. The PA will terminate on September 30, 2014 unless the parties agree to extend it, in writing.

Analysis of Consultation and Agreement

The PA provides for the efficient internal review by MoDOT of federal aid highway undertakings that are classified as minor transportation projects (i.e., qualify as Categorical Exclusions under the National Environmental Policy Act), that are uncontroversial and, by their nature, considered unlikely to adversely affect historic properties. No consultation with Indian tribal governments was carried out in the development of this PA because it is limited to minor transportation projects within the existing right-of-way and the parties agree that the potential is very low that any such undertakings will affect properties of traditional cultural and religious importance to Indian tribes. Tribal consultation IS required on undertakings not covered by the PA or when properties of traditional significance to Indian tribes are identified within the APE. If for any project, MoDOT discovers potential historic properties within the right-of-way, FHWA is required to complete the Section 106 review process in accordance with 36 CFR Part 800.

The Agreement was negotiated among the FHWA, MoDOT, SHPO, and the ACHP. It applies only to undertakings that have no potential to affect historic properties, or that have been inventoried for cultural resources and no properties potentially eligible for inclusion in the National Register are present.  The Missouri FHWA operated under a previous PA that was executed on January 21, 2003; however, that agreement expired on September 30, 2007. This PA updates and replaces the prior agreement.

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Updated May 29, 2009

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