Research for the AASHTO Committee on Environment and Sustainability. Task 107. Section 106 Delegation Programmatic Agreements: Review and Best Practices

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.


  • English


  • Status: Completed
  • Funding: $100000
  • Contract Numbers:

    Project 25-25, Task 107

  • Sponsor Organizations:

    National Cooperative Highway Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC  United States  20001

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590

    American Association of State Highway and Transportation Officials (AASHTO)

    444 North Capitol Street, NW
    Washington, DC  United States  20001
  • Project Managers:

    Hartell, Ann

  • Performing Organizations:

    Louis Berger Group

    30A Vreeland Road
    Florham Park, NJ  United States  07932
  • Principal Investigators:

    Graham, Paul

    Klein, Terry

  • Start Date: 20180301
  • Expected Completion Date: 20190228
  • Actual Completion Date: 20190228

Subject/Index Terms

Filing Info

  • Accession Number: 01651594
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 25-25, Task 107
  • Files: TRB, RIP
  • Created Date: Nov 27 2017 7:50PM