The purpose of this agreement is to ensure Section 106 compliance on Federal-aid Highway Program in Utah in a streamlined fashion. The Federal Highway Administration (FHWA) authorizes the Utah Department of Transportation (UDOT) to initiate, and in most cases, conclude consultation with the State Historic Preservation Officer (SHPO) and other consulting parties (FHWA retains the responsibility to consult with Tribes and is still responsible for Section 106 compliance).

This agreement is for ten years unless it is terminated prior to that time. Ninety days prior to the conclusion of the ten-year period, UDOT will notify all parties in writing. If there are no objections from consulting parties, the term of the Agreement will automatically be extended for an additional ten years. If any party objects to extending the Agreement, or proposes amendments, UDOT will consult with the parties to consider amendments or other actions to avoid termination.

UDOT professionally qualified staff (PQS) make all determinations for eligibility and effect for all projects. Two tiers of project review are established, based on the type of impacts to historic properties: Tier 1 projects result in a finding of no historic properties affected and will not require case-by-case review by the SHPO; and Tier 2 projects result in a finding of no adverse effect or adverse effect, and require a case-by-case review by the SHPO. Projects completed as Tier 1 are submitted on a quarterly basis to SHPO. Individual consultation with SHPO on a project basis is completed for UDOT findings of "no adverse effect" or "adverse effect." This agreement also covers Section 106 compliance for Categorical Exclusions that have been delegated from FHWA to UDOT under Section 6004 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

UDOT began considering a PA a number of years ago, but could not reach agreement on what should be covered. Most of the existing PAs at that time had types of projects exempted from full Section 106 review, but UDOT decided not to go that route. Once a direction for the PA was determined, it took about 1½ years from initial concept to signatures. UDOT was able to use the California Department of Transportation (CALTRANS) PA, Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program in California (2004), as a model, which expedited the process considerably.

At the time UDOT began this PA, it did not have an Architectural Historian on staff. Before SHPO was comfortable with UDOT professionally qualified staff (PQS) determining eligibility and effect on Tier 1 projects without SHPO review, UDOT was required to hire an Architectural Historian who met the Secretary of the Interior's Professional Qualification Standards (published in 48 FR 44738-44739). Once the PA has been in place for a while, the PA will likely be amended to allow UDOT to determine eligibility and effect on projects with a no adverse effect finding without SHPO review.