Fhwa Programmatic Agreement

The FHWA Programmatic Agreement: A Comprehensive Guide

The Federal Highway Administration (FHWA) Programmatic Agreement (PA) is a document that outlines how transportation projects will comply with federal laws and regulations regarding historic preservation. The agreement is between the FHWA, the State Historic Preservation Officer (SHPO), and any relevant tribes or Native Hawaiian organizations. Its purpose is to streamline the review process for transportation projects and ensure that historic resources are protected.

What is the FHWA Programmatic Agreement?

The FHWA Programmatic Agreement was first established in 1989 and was revised in 1995 and 2004. The current agreement, signed in 2015, covers all 50 states, the District of Columbia, and Puerto Rico. It applies to any transportation project that receives federal funding or requires a federal permit or approval. The agreement is designed to provide a more efficient and predictable process for historic resource reviews, which can be a significant obstacle to transportation projects.

Under the agreement, the FHWA, SHPO, and tribes agree on the methods that will be used to identify and assess historic resources, as well as how to avoid or minimize any adverse effects on these resources. The PA also establishes clear timelines and procedures for consultation and decision-making.

Why is the FHWA Programmatic Agreement Important?

The FHWA Programmatic Agreement is important for several reasons. First and foremost, it helps ensure that transportation projects comply with federal laws and regulations regarding historic preservation. These laws include the National Historic Preservation Act (NHPA), which requires federal agencies to consider the effects of their actions on historic resources.

The agreement is also important for its role in streamlining the review process for transportation projects. By establishing clear procedures and timelines, the PA helps avoid delays and uncertainties that can otherwise derail projects.

Finally, the FHWA Programmatic Agreement is important for its role in promoting collaboration and communication between federal and state agencies, tribes, and other stakeholders. The agreement provides a framework for consultation and decision-making that helps all parties work together to protect historic resources while moving transportation projects forward.

How Does the FHWA Programmatic Agreement Work?

The FHWA Programmatic Agreement works by establishing a clear process for identifying and assessing historic resources, as well as for avoiding or minimizing adverse effects on these resources. The process includes several key steps:

1. Project Identification: The first step is to identify the transportation project that will be subject to review. This may include a highway expansion, bridge repair, or other transportation-related project.

2. Identification of Historic Resources: The next step is to identify any historic resources that may be affected by the project. These may include archaeological sites, historic buildings, or other cultural resources.

3. Assessment of Effects: Once historic resources have been identified, the FHWA and SHPO assess the potential effects of the project on these resources. This may involve field surveys, research, or other methods.

4. Avoidance or Minimization of Adverse Effects: If adverse effects are identified, the FHWA and SHPO work together to develop strategies for avoiding or minimizing these effects. This may involve changes to the project design, routing, or other factors.

5. Decision-making: Once all of the necessary information has been gathered, the FHWA and SHPO make a decision on the project. This decision may include approval, approval with conditions, or denial.

Conclusion

The FHWA Programmatic Agreement is an important document that helps ensure that transportation projects comply with federal laws and regulations regarding historic preservation. By establishing clear procedures and timelines, the PA helps avoid delays and uncertainties that can otherwise derail projects. It also promotes collaboration and communication between federal and state agencies, tribes, and other stakeholders. If you are working on a transportation project that may impact historic resources, working with the FHWA and SHPO under the Programmatic Agreement will ensure that all necessary steps are taken to protect these resources.