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| PA Category |
State |
| Section 106 |
WA |
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| PA Title |
| First Amended Programmatic Agreement Implementing Section 106 of the National Historic Preservation Act for the Federal-Aid Highway Program in Washington State Administered by the Federal Highway Administration |
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| PA Overview |
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This programmatic agreement (PA) outlines the Section 106 responsibilties of the Federal Highway Administration (FHWA) and the Washington Department of Transportation (WSDOT) and provides specific details about how compliance with Section 106 will be carried out. The PA delegates certain responsibilities to WSDOT; addresses special considerations relating to consultation with Tribes; includes procedures for emergency undertakings, post-review discovery and dispute resolution; and identifies projects that do not require review by FHWA, the State Historic Preservation Officer (SHPO), or the Advisory Council on Historic Preservation (ACHP). |
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| Signatories |
Federal Highway Administration
Washington State Department of Transportation
Washington State Historic Preservation Officer
Advisory Council on Historic Preservation |
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| Date of Original PA |
Date of Latest PA |
Expiration Date |
| 2000 |
03/21/2007 |
2012 |
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| Renewal Provisions/Process |
| The agreement continues in full force and effect for five years or until it is amended or terminated. Before the end of the five-year term, FHWA will consult with WSDOT, SHPO and ACHP to determine interest in renewing the agreement. The agreement may be extended for an additional term upon the written agreement of the signators. |
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| Geographic Coverage Display |
| Statewide |
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| Applicability |
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This agreement applies to minor projects, maintenance projects and no effects projects. Local agency projects with federal funding are also subject to the provisions of this agreement.
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| Key Attributes |
The PA sets up two categories of projects that are exempted from further Section 106 review: highway and bridge activities and Washington State Ferries activities presumed to have minimal potential to cause effects. Two additional categories of projects are exempted from further Section 106 review, provided certain additional criteria are met: 1) highway and bridge activities presumed to have minimal potential to cause effects, with additional screening and 2) Washington State Ferries activities presumed to have minimal potential to cause effects, with additional screening.
Under the agreement, WSDOT will maintain a regularly updated website that lists all undertakings that were determined to have minimal potential to cause effects to historic properties. In addition to the website, WSDOT, on a quarterly basis, will prepare a list of undertakings on which it proceeded without further Section 106 review and submit the list to FHWA and SHPO. WSDOT will, on a semi-annual basis, hold review meetings with WSDOT headquarters staff, SHPO and FHWA to consider the conduct of the Section 106 program for federal-aid highway undertakings.
The PA details the Section 106 process required for projects that are not exempted from Section 106 review by the agreement and provides guidance on the determination of an undertaking's Area of Potential Effects (APE) and preparation of the Cultural Resources Survey Report.
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| Other Information |
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| Comments on Development/Use of PA |
| The amended PA was completely rewritten, creating a more comprehensive approach in considering all aspects of the Section 106 process. It took approximately two years to complete the amended PA. Tribal input was a large component of the development of this agreement but the PA does not apply to Tribal lands. One of the PA exhibits is a list of undertakings that are presumed to have minimal potential to cause effects. Prior to determining exemptions and area of potential effects, a qualified WSDOT cultural resources specialist will review the documents for accuracy. Exempted projects will then be posted on the website for the public. Semi-annual meetings to include the signatories, with Tribal input solicited, will provide an opportunity to assess the effectiveness of this agreement. Annual reports will be provided to FHWA.
The PA results in earlier involvement of cultural resources staff in the project development process and keeps them involved longer in the process. Local agency projects with federal funding are also subject to the requirements of this PA.
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| Estimated # of Projects Served or Processed Under
Agreement (per year) |
| Up to 400 projects are processed each year under this agreement. |
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| Contacts |
Sandie Turner (Primary Contact)
WSDOT, Environmental and Engineering Programs Division
Cultural Resources Program Manager
360-570-6637
turners@wsdot.wa.gov
Ken Stone (Secondary Contact)
Resource Programs Branch Manager
Washington Department of Transportation
(360) 570-6642
stonek@wsdot.wa.gov
Sharon Lov
Environmental Program Manager
Federal Highway Administration, Washington Division
(360) 753-9558
sharon.lov@fhwa.dot.gov
Allyson Brooks
State Historic Preservation Officer
Washington Department of Archaeology and Historic Preservation
(360) 586-3066
John Fowler
Carol Legard
Advisory Council on Historic Preservation
(202) 606-8522
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