Fhwa Section 106 Programmatic Agreement

Posted on Friday, April 9th, 2021 at 9:15 am

CONSIDERING that the parties to the initial and amended agreements have consulted and agreed, in accordance with The J Contract of the original agreement and page IX of the amended agreements, to amend the PaPa and that this agreement replaces the old PA; CONSIDERING, fhWA provided a draft of this agreement to the following tribal nations and invited participation: Absentee Shawnee Tribe, Cayuga Nation, Delaware Nation, Delaware Tribe, Eastern Shawnee Tribe, Oneida Indian Nation, Oneida Tribe of lndians of Wisconsin, Onondaga Nation, Pamunkey Indian Tribe, Seneca-Cayuga Nation, Seneca Nation of lndians, Shawnee Tribe, St. Regis Mohawk, Stockbridge-Munsee Community Band of Mohicans Indians, Tonawanda Seneca Nation, and 8. ACHP FHWA List of programmatic agreements developed by CPA and used by employees may be used by those who develop and/or verify section 106 contract documents. CONSIDERING that FHWA submitted a draft of this agreement to all counties, certified local authorities in Maryland and Maryland Certified Heritage Areas and invited participation, and MDOT SHA offered the public the opportunity to participate in this agreement by announcing on the MDOT SHA website; and CONSIDERING that the Delaware Nation and Delaware Tribe commented on the draft agreement and that FHWA asked them to approve the agreement; for projects that have completed the review in accordance with Provisions IV, V, VI or VII of this agreement, MDOT SHA is reviewing the proposed changes to the impact on historic real estate. Where the scope change is limited to the types of activities described in Schedule 1 and/or Schedule 2, MDOT SHA documents the change in a format consistent with the requirements of V.B 5. If the proposed amendment results in new potential effects on historic real estate, MDOT SHA will be advised in accordance with the S.A. VII. The definitions in 36 CFR 800.16 are applicable and are agreed upon by all parties to this agreement. The signatories intend to interpret this agreement to include all subsequent standards or revisions of standards that came into force by the Minister of the Interior, ACHP or the SHPO MD as having then entered into force during this agreement. The signatories also intend to interpret this agreement in accordance with the National Historic Preservation Act in terms of interpretation. What is it? “Programmatic Agreements” (PA) are contracts that define how agency programs are implemented. For all projects requiring disturbing activities in the field, whether documented by exceptions pursuant to Schedule 2 or verified in accordance with the S.VII of this agreement, MDOT SHA requires the use of an involuntary investigation plan (IDP) during the construction period.

The IDP is Appendix 3 of this agreement and documents the procedure by which MDOT SHA will conduct notifications and consultations in the event of the discovery of human archaeological remains, potential historical properties or unintended adverse effects on historical objects (including damage to known archaeological sites). MDOT SHA may make slight procedural changes (for example. B the registration/correction of contact or project information) to the IDP, without the need to amend this agreement.

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