The National Academies

NCHRP 25-25/Task 107 [Final]

Section 106 Delegation Programmatic Agreements: Review and Best Practices
[ NCHRP 25-25 (Research for the AASHTO Committee on Environment and Sustainability) ]

  Project Data
Funds: $100,000
Research Agency: Louis Berger U.S. Inc.
Principal Investigator: Paul Graham & Terry H. Klein
Effective Date: 3/1/2018
Completion Date: 2/28/2019

Status: Research is complete. The Quick Reference Guide to Preparing and Implementing State Department of Transportation Section 106 Delegation Programmatic Agreements is available HERE. The project Final Report is available HERE.  A PowerPoint presentation summarizing the project is available HERE.

Section 106 of the National Historic Preservation Act (NHPA) of 1966 requires that Federal agencies take into account the effects of their undertakings on properties eligible for listing in, or listed in the National Register of Historic Places ("historic properties") and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment. The regulations govern how Federal agencies carry out the requirements of Section 106, including permitting Federal agencies to enter into Programmatic Agreements (PAs) to govern implementation of a program. 
A number of state Departments of Transportation (DOTs) have entered into PAs and report that these agreements can substantially streamline compliance by exempting many routine projects. Other provisions of the various PAs permit state DOTs to consult directly with the SHPO or not at all depending on the project specific issues. Further, by reducing the number of undertakings that require full consultation with SHPO or ACHP, more focus can be directed to reducing the effects of undertakings that warrant review.
The purpose of this research is to develop an up-to-date review of Section 106 Delegation Programmatic Agreements (PAs) and provide practical guidance to state DOTs and their partners for developing or amending a PA.

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