[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]
[[Page 48801]]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
_______________________________________________________________________
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;
[[Page 48803]]
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
[[Page 48804]]
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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