PAL Agreement Details
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
Section 106
California
08/12/2020
Agreement Overview:
This programmatic agreement between the Federal Highway Administration (FHWA), California State Historic Preservation Officer, Advisory Council on Historic Preservation, and California Department of Transportation (Caltrans) designates Caltrans as responsible for ensuring that the Federal-aid Highway Program in the state of California complies with Section 106 of the National Historic Preservation Act. The agreement includes a detailed consultation process for carrying out Section 106 responsibilities on non-tribal lands. The agreement delegates to Caltrans the authority to consult directly with SHPO (with simultaneous notification to FHWA) for both Caltrans projects and Local Assistance projects (those that will use Federal-Aid money). FHWA assumes consultation responsibilities if adverse effects on historic properties are identified.
Signatories
Federal Highway Administration
Advisory Council on Historic Preservation
California State Historic Preservation Officer
California Department of Transportation
California Department of Transportation, Districts 1 through 12
2004
December 31, 2023 (First Amended PA extended for 10 years)
This agreement is for ten years and will automatically expire in 2014 unless it is terminated prior to that time. Six months prior to the expiration date of the agreement, FHWA will initiate consultation to determine if the agreement should be allowed to expire automatically or whether it should be extended for an additional term, with or without amendments. In order for the agreement to be extended all signatory parties must unanimously agree.
The PA also covers the ability of Caltrans Staff to process Section 106 Determinations for Local Assistance Projects (those projects that will be using Federal-Aid money). At the initial meetings, the local agencies and governments were unclear on certain PA provisions and they wanted more delegation to Caltrans.
The PA process took three to four years, from initial concept to signature on the final PA, as all parties didn’t have resources to focus on the PA and had other time constraints (working on projects). In addition, FHWA had concerns about merging other NEPA responsibilities (e.g., Section 4f) and also regarding Caltrans Quality Assurance/Quality Control procedures.
The Los Angeles Public Works Director stated that the 106 PA is the best thing that Caltrans ever did, and that the 106 PA is cited as a hallmark for how Caltrans takes stewardship responsibilities, especially in light of new pilot program for SAFETEA-LU.
Jill Hupp (Primary Contact)
California Department of Transportation
Environmental Division/Cultural and Community Studies Office
Senior Environmental Planner
(916) 654-3567
[email protected]
Greg King (Secondary Contact)
California Department of Transportation
Environmental Division/Cultural and Community Studies Office
Office Chief
(916) 653-0647
[email protected]
Edrie Vinson
FHWA
Environmental Specialist
(916) 498-5852
[email protected]
Susan Stratton
California State Historic Preservation Officer
Chief, Project Review
(916) 651-0304
[email protected]
Carol Legard
Advisory Council on Historic Preservation
FHWA Liaison
(202) 606-8522
[email protected]
Agreement Document
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