Section 106 Programmatic Agreement for Virginia’s Transportation Program

What Is It? 

“Programmatic agreements” are contracts that define the way agency programs are carried out. 

In this case, this programmatic agreement (PA) defines how the Virginia Department of Transportation (VDOT) consults with other parties concerning the potential effects on historic properties of federally-funded or licensed transportation projects in the commonwealth for compliance with Section 106 of the National Historic Preservation Act of 1966, and its regulation, 36 CFR 800

The most notable features of this PA include:

  • The ability of VDOT to act as the federal agency in certain aspects of Section 106 consultation
  • The ability of federally-recognized Indian tribes to enter into separate agreements with the signatory agencies reflecting their interests in the commonwealth’s transportation program
  • Procedures to expedite the consultation process for minor projects not affecting historic properties
  • Public outreach commitments for defining Virginia’s historic bridges
  • Procedures to expedite Section 106 consultation in emergency response
  • Standards for reporting, unexpected discoveries, and the treatment of human remains

Which agencies are involved? 

The primary participants in this effort include the agencies typically involved with Virginia’s transportation program and Section 106 consultation, including:

  • VDOT
  • The Federal Highway Administration
  • The U.S. Army Corps of Engineers
  • The Tennessee Valley Authority 
  • The federal Advisory Council on Historic Preservation
  • The Virginia State Historic Preservation Officer (director of the Virginia Department of Historic Resources) 

What’s happening now? 

An annual meeting of the signatories was held at 9:30 a.m.on, Tuesday, March 28, 2017 in Conference Room 3 (1006) at the Patrick Henry Building on Capitol Square to discuss and review VDOT’s performance in carrying out the terms of the PA. The meeting was open to the public and the public will be given an opportunity to offer comments. An Annual Monitoring Report is available.

A final PA was executed on Aug. 2, 2016. The final PA took into account comments received from the public on the draft PA as well as suggestions from the signatory agencies. 

Any questions or comments concerning the PA may be directed to FederalPA@VDOT.Virginia.gov.

In accordance with PA stipulation II.A.4 , VDOT will be posting a monthly list of minor projects it has determined will not affect historic properties. 

That list will be updated and available below by the end of the 5th business day of each month.

 

Page last modified: Oct. 2, 2017