36 CFR § 800.14(b)
Programmatic agreements are the most commonly used program alternative. They allow federal agencies to govern the implementation of a particular agency program or the resolution of adverse effects from complex projects or multiple undertakings similar in nature through negotiation of an agreement between the agency, appropriate SHPO(s) /THPO(s), and the ACHP. In certain circumstances, the ACHP may also designate a specific agency agreement as a prototype agreement that can then be used for the same type of program or undertaking in more than one program or area.
When completing the Section 106 process prior to making a final decision on a particular undertaking is not practical, the regulations allow an agency to pursue a "project PA" [36 CFR § 800.14(b)(3)], rather than an MOA under certain circumstances. The most common situation where a project PA may be appropriate is when the agency cannot fully determine how a particular undertaking may affect historic properties or the location of historic properties and their significance and character prior to approving a project.
A federal agency may also pursue a "program PA" [36 CFR § 800.14(b)(2)] when it wants to create a Section 106 process that differs from the standard review process for all undertakings under a particular program. A program that has undertakings with similar or repetitive effects on historic properties, such as Community Development Block Grant agreements, can avoid the need for individual reviews for each project. PAs can also formally delegate Section 106 decision making responsibilities to non-federal parties, such as state departments of transportation.
For more information on programmatic agreements, see the ACHP’s Guidance on Agreement Documents.
Requests for copies of programmatic agreements should be directed to ACHP staff.