DRAFT Programmatic Agreement between the Oklahoma Department of Transportation, Federal Highway Administration (Oklahoma Division), Oklahoma State Historic Preservation Office, and the Advisory Council for Historic Preservation Regarding Routine Section 106 Consultation
The Oklahoma Department of Transportation's Cultural Resources Program is in the preliminary stages of developing a Programmatic Agreement regarding Section 106 consultation. Pursuant to this, we present the following outline of the Agreement's goals and ask for public comment on these goals.
We thank you for taking the time to read these goals and for providing us with written comments. Putting your comments in writing is one of the most effective ways to have your concerns addressed. Feel free to use the form below to submit your comments.
We thank you for taking the time to read these goals and for providing us with written comments. Putting your comments in writing is one of the most effective ways to have your concerns addressed. Feel free to use the form below to submit your comments.
GOALS OF A PROGRAMMATIC AGREEMENT BETWEEN ODOT, FHWA, ACHP AND SHPO
Acronyms
ODOT: Oklahoma Department of Transportation
SHPO: Oklahoma State Historic Preservation Office
FHWA: Federal Highway Administration (Oklahoma Division)
NHPA: National Historic Preservation Act of 1966
ACHP: Advisory Council for Historic Preservation
OAS: Oklahoma Archeological Survey
PA: Programmatic Agreement
Purpose
This Agreement sets forth the processes by which FHWA, and ODOT acting on behalf of FHWA, will meet their responsibilities pursuant to Section 106 and 110 of NHPA (16 USC 470) and the regulations set forth in 36 CFR Part 800. For purposes of this Agreement, the definitions provided in 36 CFR 800.16 shall apply. The core goal of the proposed PA is to streamline consultation among the above-referenced agencies, identify ODOT’s Cultural Resources Program as a delegated authority to initiate and consult with SHPO and OAS on behalf of FHWA with regard to Section 106 undertakings, provide for expedited review of emergency undertakings, and address Section 106 coordination with other environmental reviews. The goals of the proposed PA are consistent with those defined and supported in 36 CFR 800.14(b)(1).
Applicability
The purpose of this Agreement is to establish the methods by which FHWA, and ODOT acting on behalf of FHWA, will review all undertakings under the Federal Aid Highway Program, identify historic properties, determine effect, and involve SHPO, OAS, other interested parties and ACHP in any such review. Through this Agreement, FHWA authorizes ODOT to initiate and, in most cases, conclude consultation with SHPO, OAS, and other consulting parties for the purposes of compliance with Section 106 of NHPA. FHWA and ODOT recognize that individual Programmatic Agreements may be developed in the future for the purpose mitigating effects to certain classes of resources that are routinely encountered during undertakings that are part of the Federal Aid Highway Program.
Scope
The objective of this Agreement is to render more efficient methods by which FHWA and ODOT review undertakings that may or may not affect historic properties and to establish the process by which ODOT acting on behalf of FHWA, will conduct the consultation process with SHPO for all undertakings under the Federal Aid Highway Program which are not on Tribal lands. This Agreement will not supersede or modify any Agreements FHWA and ODOT have with Tribes under Section 106 of NHPA.
Acronyms
ODOT: Oklahoma Department of Transportation
SHPO: Oklahoma State Historic Preservation Office
FHWA: Federal Highway Administration (Oklahoma Division)
NHPA: National Historic Preservation Act of 1966
ACHP: Advisory Council for Historic Preservation
OAS: Oklahoma Archeological Survey
PA: Programmatic Agreement
Purpose
This Agreement sets forth the processes by which FHWA, and ODOT acting on behalf of FHWA, will meet their responsibilities pursuant to Section 106 and 110 of NHPA (16 USC 470) and the regulations set forth in 36 CFR Part 800. For purposes of this Agreement, the definitions provided in 36 CFR 800.16 shall apply. The core goal of the proposed PA is to streamline consultation among the above-referenced agencies, identify ODOT’s Cultural Resources Program as a delegated authority to initiate and consult with SHPO and OAS on behalf of FHWA with regard to Section 106 undertakings, provide for expedited review of emergency undertakings, and address Section 106 coordination with other environmental reviews. The goals of the proposed PA are consistent with those defined and supported in 36 CFR 800.14(b)(1).
Applicability
The purpose of this Agreement is to establish the methods by which FHWA, and ODOT acting on behalf of FHWA, will review all undertakings under the Federal Aid Highway Program, identify historic properties, determine effect, and involve SHPO, OAS, other interested parties and ACHP in any such review. Through this Agreement, FHWA authorizes ODOT to initiate and, in most cases, conclude consultation with SHPO, OAS, and other consulting parties for the purposes of compliance with Section 106 of NHPA. FHWA and ODOT recognize that individual Programmatic Agreements may be developed in the future for the purpose mitigating effects to certain classes of resources that are routinely encountered during undertakings that are part of the Federal Aid Highway Program.
Scope
The objective of this Agreement is to render more efficient methods by which FHWA and ODOT review undertakings that may or may not affect historic properties and to establish the process by which ODOT acting on behalf of FHWA, will conduct the consultation process with SHPO for all undertakings under the Federal Aid Highway Program which are not on Tribal lands. This Agreement will not supersede or modify any Agreements FHWA and ODOT have with Tribes under Section 106 of NHPA.