Programmatic Agreement for Section 106 Compliance for the Clean Water State Revolving Fund Program in the State California (CA)
Case Details
The Environmental Protection Agency (EPA), Region 9, proposes to develop a Programmatic Agreement for Section 106 compliance in accordance with 36 CFR § 800.14(b)(2) in order to take into account effects to historic properties regarding the Clean Water (CW) State Revolving Fund (SRF) Program for the State of California, with the following objectives: 1) designate the State Water Board as the lead agency for complying with Section 106; 2) establish a review process specific to the California SRF program; and 3) authorize the State Water Board to make findings of "no historic properties affected" and "no adverse effect" with standard conditions, using established criteria without requiring consultation. While the EPA already has a PA in place for its CW SRF (the 1990 Nationwide Programmatic Agreement Among the Environmental Protection Agency, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers Concerning Compliance with the National Historic Preservation Act Under EPA's State Water Pollution Control Revolving Fund Program), the new statewide PAs would streamline reviews for undertakings resulting in a finding of “no historic properties affected,” which is not currently permitted under the Nationwide PA; Further, EPA is consulting with the same parties to develop a new statewide PA for Safe Drinking Water Act undertakings, for which the nPA does not apply and the standard Section 106 review process is required. Consultation for both PAs is being conducted concurrently.