[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48802-48804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23674]



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Part VI





Department of Transportation





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Federal Highway Administration



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Nationwide Programmatic Agreement for Transportation Enhancement 
Activities; Notice

  Federal Register / Vol. 61, No. 180 / Monday, September 16, 1996 / 
Notices  

[[Page 48802]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
[FHWA Docket No. 96-42]


Nationwide Programmatic Agreement for Transportation Enhancement 
Activities

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed nationwide programmatic agreement among the 
FHWA, the Advisory Council on Historic Preservation (ACHP), and the 
National Conference of State Historic Preservation Officers (SHPO); 
request for comments.

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SUMMARY: The purpose of this document is to propose, pursuant to 
Sec. 316(2) of the National Highway System Designation Act of 1995 
(Pub. L. 104-59, 109 Stat. 568), a nationwide programmatic agreement 
among the FHWA, the Advisory Council on Historic Preservation, and the 
National Conference of State Historic Preservation Officers. Section 
316(2) requires the development of a nationwide programmatic agreement 
to expedite and improve implementation of transportation enhancement 
activities authorized under the Intermodal Surface Transportation 
Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 105 Stat.1914). The 
proposed agreement would fulfill that requirement. The FHWA has 
consulted with the Advisory Council on Historic Preservation and the 
National Conference of State Historic Preservation Officers in 
developing the proposed nationwide programmatic agreement. The FHWA 
requests comments on the proposed agreement.

DATES: Comments should be received by October 16, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. 96-42, 
Federal Highway Administration, Room 4232, HCC-10, Office of Chief 
Counsel, 400 Seventh Street, SW., Washington, DC 20590. All comments 
received will be available for examination at the above address between 
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday, except Federal 
holidays. Those desiring notification of receipt of comments must 
include a self-addressed, stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Bruce Eberle, FHWA Historic 
Preservation Officer, Office of Environment and Planning, HEP-40, (202) 
366-2060, or Mr. Brett Gainer, Attorney-Advisor, Office of the Chief 
Counsel, HCC-30, (202) 366-1372, FHWA. Office hours are from 7:45 a.m. 
to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The ISTEA authorized approximately $3 
billion for transportation enhancement activities. These activities 
span a range of nontraditional transportation projects, including 
historic preservation activities with a direct relationship to the 
intermodal transportation system. Since the enactment of the ISTEA, 
approximately one quarter of the funds expended on transportation 
enhancement activities have been used to improve over 1100 historic 
properties. The historic preservation enhancements have also created 
and improved a wider range of partnerships among State transportation 
agencies, project sponsors (including States, cities, counties, 
historic preservation societies, and private owners), and historic 
preservation organizations like the National Trust for Historic 
Preservation. The development of such partnerships is important as the 
Nation looks toward improving the Intermodal system to meet the needs 
of the 21st century while respecting, preserving, and enhancing its 
historic framework, the fabric of our Nation, in which it operates.
    The development of a nationwide programmatic agreement will permit 
State transportation agencies to expedite their enhancement activities 
by activating an existing nationwide review process. This programmatic 
agreement is based on operational agreements that have been developed 
in individual States by the FHWA Division offices to speed reviews and 
reduce paperwork requirements.
    The FHWA Administrator would sign this nationwide programmatic 
agreement on behalf of the FHWA. Individual States may activate this 
programmatic agreement by sending concurrent letters of acceptance to 
the three signatories and to the SHPO and the FHWA Division Office. The 
FHWA Division Administrator will be the agency official with 
responsibility for ensuring that the agreement is carried out.
    This programmatic agreement is not mandatory; States do not have to 
adopt it for their enhancements projects. Many States have already 
developed agreements that work for them. Some may wish to adapt the 
approach conveyed in this nationwide programmatic and tailor it for 
their specific program needs through further consultation with the 
SHPO, the FHWA, and the ACHP. The nationwide programmatic agreement 
offers, though, a quick, easy way to benefit from the work of historic 
preservation and transportation experts to expedite the transportation 
enhancement activity effort by encouraging local coordination and 
public participation and reducing the need for project-by-project 
coordination with out-of-State groups.

Text of the Nationwide Programmatic Agreement

    In order to facilitate the implementation of Transportation 
Enhancement Activities, the Federal Highway Administration (FHWA), the 
National Conference of State Historic Preservation Officers (SHPO), and 
the Advisory Council on Historic Preservation (ACHP) agree that:
    Whereas, Section 316(2) (23 U.S.C. 133(e)(5)(B)) of the National 
Highway System Designation Act of 1995 (Pub. L. 104-59, 109 Stat. 568) 
requires the development of a nationwide programmatic agreement to 
expedite and improve implementation of transportation enhancement 
activities; and
    Whereas, Section 1007(a) (23 U.S.C. 133(b)(8)) of the ISTEA 
authorizes the expenditure of Federal Surface Transportation Program 
funds for transportation enhancement activities; and
    Whereas, Section 1007(c) (23 U.S.C. 101(a)) of ISTEA defines the 
term ``transportation enhancement activities'' to include a variety of 
project categories that can be beneficial to the preservation of 
historic properties; and
    Whereas, the FHWA has determined that transportation enhancement 
activities may have effects upon properties included in or eligible for 
the National Register of Historic Places and has consulted with the 
ACHP, and the National Conference of SHPOs pursuant to 36 CFR 800.13 of 
the regulations implementing section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f); and
    Whereas, the signatories to this agreement desire to expedite the 
necessary historic preservation review for transportation enhancement 
activities beneficial to historic preservation and thereby encourage 
the use of transportation enhancement funds for historic preservation 
purposes; and
    Whereas, the signatories to this agreement recognize that although 
most projects advanced as transportation enhancement activities should 
benefit historic properties, the State Transportation Agency (STA) 
shall make known any findings regarding effects to historic properties 
through its normal public participation process;

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    Now, therefore, the FHWA, the ACHP, and the National Conference of 
SHPOs, pursuant to Sec. 316(2) of the National Highway System 
Designation Act of 1995, agree that transportation enhancement 
activities shall be implemented in accordance with the following 
stipulations to satisfy the FHWA's section 106 responsibilities for all 
individual undertakings of transportation enhancement activities which 
may affect historic properties in any State where this programmatic 
agreement is activated. The STA may activate this programmatic 
agreement by sending concurrent letters of acceptance to the three 
signatories and to the SHPO and the FHWA Division Office. Any STA that 
activates this agreement and implements these terms is hereby deemed to 
have met the requirements of 36 CFR 800 governing State processes for 
performing Sec. 106 activities.

Stipulations

    The FHWA shall ensure that the following measures are carried out:

I. Expediting the Processing of the Following Categories of 
Transportation Enhancement Activities:

    1. Provision of facilities for pedestrians and bicycles.
    2. Acquisition of scenic easements and scenic or historic sites.
    3. Scenic or historic highway programs.
    4. Landscaping and other scenic beautification.
    5. Historic preservation.
    6. Rehabilitation and operation of historic transportation 
buildings,
    structures or facilities (including historic railroad facilities 
and canals).
    7. Preservation of abandoned railway corridors (including 
conversion and use
    for pedestrian or bicycle trails).
    8. Control and removal of outdoor advertising.
    9. Archeological planning and research.
    10. Mitigation of water pollution due to highway runoff.

II. Identifying and Evaluating Historic Properties

    A. The STA will be responsible for identifying and evaluating all 
historic properties within each activity's area of potential effect, 
and evaluating eligibility for the National Register of Historic 
Places, in consultation with the individual State Historic Preservation 
Officer (SHPO), following the procedures set out in 36 CFR 800.4.
    B. The STA may encourage or require project sponsors to include 
historic property documentation or survey results as part of the 
transportation enhancement activity application, in consultation with 
the SHPO.

III. Determining Effect on Historic Properties

    The STA will assess the effects of the proposed transportation 
enhancement activities on historic properties by applying the Criteria 
of Effect and Adverse Effect (36 CFR 800.9). The STA will ensure that 
the SHPO is provided adequate documentation to review the STA's effect 
determination. The SHPO will promptly inform the STA if more 
information is reasonably necessary to make its determination.

A. No Effect

    If the STA determines that the undertaking will have no effect on 
historic properties, it will notify the SHPO in writing. The SHPO will 
review this determination and provide written comments to the STA 
within 15 days after receipt of the STA's finding and adequate 
documentation. If the SHPO concurs with the STA's no effect 
determination, or fails to provide comments within 15 days, the 
undertaking may proceed as planned. If the SHPO objects to the STA's 
finding, the SHPO will indicate the reasons for nonconcurrence and the 
STA and the SHPO shall consult further to identify project alternatives 
that may result in the undertaking having no effect on historic 
properties or shall apply the Criteria of Adverse Effect and continue 
the review of the project pursuant to Stipulation III.B. of this 
agreement.

B. No Adverse Effect and Adverse Effect

    l. If the STA determines that the undertaking will have no adverse 
effect on historic property, it will notify the SHPO in writing. The 
SHPO shall review this determination and provide written comments to 
the STA within 30 days after receipt of the STA's finding and adequate 
documentation.
    a. If the SHPO concurs with the STA's no adverse effect 
determination or fails to provide comments within 30 days, the STA 
shall document that finding, which shall be available for public 
inspection, and proceed with the activity as planned without further 
review by the ACHP.
    b. If the SHPO objects to the STA's finding, the SHPO will indicate 
the reasons for nonconcurrence and the STA and the SHPO shall consult 
further to identify project alternatives that may result in the 
undertaking having no adverse effect on historic properties or shall 
proceed in accordance with Stipulation III.B.2. or III.B.3.
    2. If the STA and the SHPO cannot agree that the proposed 
transportation enhancement activity will have no adverse effect, or if 
they agree there is an adverse effect, then the STA shall notify the 
FHWA and the FHWA shall complete the section 106 process in accordance 
with 36 CFR 800.5 and 800.6, unless stipulation III.B.3. applies.
    3. Transportation enhancement activities may advance without 
further comment from the ACHP, provided that the FHWA and the SHPO 
concur with the STA that: (a) the benefits to historic property(ies) 
outweigh any minor adverse effects (e.g., when a proposed 
rehabilitation substantially meets the Secretary of the Interior's 
Standards for Preservation Projects); and that (b) agreed upon measures 
will be implemented to mitigate those effects (e.g., appropriate 
recordation measures).

IV. Amending This Programmatic Agreement, if Requested

    Any party to this Programmatic Agreement may request that it be 
amended, whereupon the parties to this Agreement shall consult to 
consider such amendment in accordance with 36 CFR 800.13. No amended 
agreement shall take effect until it has been executed by all parties 
and the STA has been duly notified.

V. Processing of Any Public Objections

    If at any time during the implementation of the measures contained 
in this Agreement, an objection to any such measure or its manner of 
implementation should be raised by an interested person, as that term 
is defined at 36 CFR 800.1(c)(2), the FHWA shall consult with the 
objecting party, the SHPO, and, as needed, the ACHP to resolve the 
objection. In light of the ACHP's views, the FHWA should reconsider the 
finding. However, an objection by the public does not require the FHWA 
to suspend action on an undertaking. If the objection concerns the 
eligibility of a property for the National Register, the FHWA may refer 
the matter to the Keeper of the National Register, if it considers 
referral appropriate.

VI. Resolving Disputes Among Parties

    Should any party to this Agreement object within 30 days to any 
action pursuant to this Agreement, the FHWA shall consult with the 
objecting party to resolve the objection. If the FHWA determines that 
the objection cannot be resolved, the FHWA shall forward all relevant 
documentation to the ACHP. Within 30 days after receipt of all 
pertinent documentation, the ACHP will either:
    A. Provide the FHWA with recommendations, which the FHWA

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will take into account in reaching a final decision regarding the 
dispute; or
    B. Notify the FHWA that it will comment pursuant to 36 CFR 
800.6(b), and proceed to comment. Any ACHP comment provided in response 
to such a request will be taken into account by the FHWA in accordance 
with 36 CFR 800.6(c)(2) with reference to the subject of the dispute.
    Any recommendation or comment provided by the ACHP will be 
understood to pertain only to the subject of the dispute; the FHWA's 
responsibility to carry out all actions under this Agreement that are 
not the subjects of the dispute will remain unchanged.

VII. Monitoring Transportation Enhancement Activities

    The SHPO and the ACHP may monitor any activities carried out 
pursuant to this Agreement, and the ACHP will review such activity if 
so requested. The FHWA will cooperate with the SHPO and the ACHP in 
carrying out these monitoring and review responsibilities.

VIII. Terminating This Programmatic Agreement

    Any party to this Programmatic Agreement may terminate it by 
providing 30 days notice to the other parties, provided that the 
parties will consult during the period prior to termination to seek 
agreement on amendments or other actions that would avoid termination. 
In the event of termination, the FHWA will comply with 36 CFR 800.4 
through 800.6 with regard to individual undertakings covered by this 
Agreement.

IX. Establishing Duration of This Programmatic Agreement

    This Programmatic Agreement will continue in full force until such 
time that funds for transportation enhancement activities are no longer 
authorized.

X. Submitting a Biennial Report

    The STA shall provide the FHWA, the SHPO, and the ACHP with a 
biennial report summarizing the actions taken over the prior two 
calendar years to implement the terms of this Programmatic Agreement 
and recommending any actions or revisions which should be considered by 
the parties. The deadline for submission of the report is March 31 or 
the last work day of March, if earlier, of even years commencing with 
1998.

XI. Failing To Comply With This Programmatic Agreement

    In the event the FHWA does not carry out the terms of this 
Agreement, the FHWA will comply with 36 CFR 800.4 through 800.6 with 
regard to individual undertakings covered by this Agreement.
    EXECUTION AND IMPLEMENTATION of this Programmatic Agreement 
evidences that the FHWA has afforded the Council a reasonable 
opportunity to comment on its Transportation Enhancement Program and 
its effects on historic properties.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

By:--------------------------------------------------------------------

Date:------------------------------------------------------------------

Executive Director

FEDERAL HIGHWAY ADMINISTRATION

By:--------------------------------------------------------------------

Date:------------------------------------------------------------------

Administrator

NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS

By:

Date:------------------------------------------------------------------

Executive Director

    Authority: 23 U.S.C. 101(a), 133(b)(8), 133(e)(5)(B), 315; 49 
CFR 1.48(b).

    Issued on: September 9, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-23674 Filed 9-13-96; 8:45 am]
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