In an effort to streamline, HQ reviews technical studies; parallel HQ/District Establish Undertaking Plan to involve the public Consult with Indian tribes Identify consulting parties undertaking, no potential to affect historic properties 106 Complete Undertaking will occur on or affect lands held in trust by Indian tribes Follow 36 CFR 800 historic properties may be affected 2. The APE map is located in the appended Archaeological Survey Report, and in this HPSR, as Figure 3. Guidance for use of the 106 PA can be found in Caltrans SER, Volume 2 - Cultural Resources, Annual Reports for the First Amended Section 106 Programmatic Agreement. attachment cv-5058 cv-5058 rev 02/10/12 stipulation and order page 1 of 2 attorney or party without attorney (name and address) telephone number: Specifically, Caltrans The on-foot survey of the APE located an unrecorded isolated basalt flake. Caltrans, under the authority of the FHWA as lead feral agency, conducted all necessary coordination with the SHPO and the FHWA per the stipulations of the PA. Caltrans district concurrently submits the finding and supporting documentation to CSO and FHWA. Section 106 PA Stipulation X.B.1. In accordance with Section 106 PA Stipulation VIII.A, the Area of Potential Effects (APE) for the project was established in consultation with William Larson, PQS Archaeology, and Vladimir Popko, District Local Assistance Engineer, on 10/14/2020. 0 When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act. Section 106 (36 CFR 800.2[o], see also 16 USC 470w[7]). Contact the Cultural Studies Office for copies of previous annual reports pre-dating the 2014 Amendment. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the However, NRCS excludes some practices from cultural resources review because they have no The 2014 106 PA supersedes the 1995 PA for the seismic retrofit of bridges between FHWA and Caltrans; 2004 PA for Section 106 among FHWA, SHPO, ACHP and Caltrans; and the 2007 Addenda for Sections 6004 and 6005 of SAFETEA-LU among FHWA, SHPO, ACHP and Caltrans. No State-owned cultural resource is involved. None: HQ has Section 106 PA role and active role in Section 7 consultation. Long an innovator in delivering transportation solutions, the California Department of Transportation provides numerous resources to streamline review under Section 106 of the National Historic Preservation Act. %%EOF Caltrans—Caltrans complied with MOU section 5.1.5 as it pertains to the National Historic Preservation Act, Section 106 Programmatic Agreement (PA). h�bbd```b`�\ "%@$S6��| f���J���6������`r��� ��_��*`2D���0�I��i`v2�=���}L~�%@��,U&F�,�P�(I?R��h8���'玆�(9������ �]� California. The First Amended Section 106 Programmatic Agreement (PDF) (106 PA) among Federal Highways Administration (FHWA), the State Office of Historic Preservation (SHPO), the Advisory Council of Historic Preservation (ACHP), and Caltrans is effective January 1, 2014. b. Caltrans shall ensure that consultation with Indian tribes is initiated early in the project planning process to identify cultural, confidentiality, or other concerns and to allow adequate time for consideration of such concerns. Page 2 of 4 (Section 106 PA), Caltrans is deemed to be a federal agency for all highway-aid projects it has assumed, and in that capacity Caltrans has assigned the role of “agency official” to the Caltrans Division of Environmental Analysis (DEA) Chief for the purpose of compliance with 36 CFR §800 and is During this period, both VTrans and the SHPO dedicated one key individual to shepherd the creation of the PA through the agencies. Caltrans Section 106 Programmatic Agreement (Section 106 PA); the site will be avoided during all Project-related construction activities. The Standard Environmental Reference (SER) includes: Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act (Section 106 PA), as well as under Public Resources Code 5024 and pursuant to the January 2015 Memorandum of Understanding Between the California Consultation with the CSO was initiated on October 12, 2018 pursuant to 36 CFR 800.5(c) and Section 106 PA Stipulation X.B(1). (Caltrans Section 106 PA) , the project will require documentation for compliance with Section 106 of the National Historic Preservation Act . FHWA Section 106 Programmatic Agreement 4 Section 106 of the NHPA for the permit area within their scope of analysis. h��T�Oe���\i�]�X� �!le! To the extent that the Corps District deems applicable, the Corps District may use studies, findings, and determinations previously completed by Caltrans … He specializes in conducting historic resource studies for compliance with Section 106 of the National Historic Preservation Act and the California Environmental Quality Act as well as other historic preservation projects. undertaking. FHWA has determined that the undertaking as a whole will nothave an Adverse Effect on the historic property known as the Golden Gate Bridge, pursuant to Stipulation X.C of the Caltrans Section 106 PA. 2.1.19.4.3 0129 FOE: Golden Gate Bridge Moveable Median Barrier Project (Revised Draft) October 2011 2 2. pursuant to 36 CFR §800.13 of the regulations implementing Section 106 of the National Historic Preservation Act, 16 U.S.C. c. Caltrans shall ensure that consultation continues with Indian tribes throughout the Section 106 JRP Vice-President Chris McMorris joined the firm in 1998, became a partner in 2006, and vice-president in April 2019. 2320 0 obj <>stream It is Caltrans’ policy to avoid cultural resources whenever possible.Therefore, if buried cultural materials are encountered during construction, it is Caltrans’ policy that work stop in that area 2014 Programmatic Agreement (PA) – how it is different from 36 CFR Part 800, delegations of specific authorities to Caltrans Section 106 Com lete Caltrans Section 106 Process Per the Amended FHWA Programmatic Agreement No Adverse Effect with Standard Conditions District submits to CSO, notifies Tribes and Consulting Parties 1) Contact a PQS, Establish Undertaking, Identify Consulting Parties Initiate Consultation with Indian Tribes; Continue Throughout P rocess None: All. @��5�BK([���YR�@e1�F���!�;l��0 #[`i7�L��F�u�Q:1#�3��&�h������|�{�����>Or � d�@����)��@U����ت ;7-��M��uH��i�f�%�ؿ��G�YI���i�S7I�Ui����$n����GD���{ѩ/#����*z�-�aY�~�W���NIX��Mݒ�5Z"v����O%:B�. Section 106 Coordination The First Amended Section 106 Programmatic Agreement (PDF) (106 PA) among Federal Highways Administration (FHWA), the State Office of Historic Preservation (SHPO), the Advisory Council of Historic Preservation (ACHP), and Caltrans is effective January 1, 2014. X As assigned by FHWA, Caltrans has determined a Finding of No Historic Properties Affected, according to Section 106 PA Stipulation IX.A and 36 CFR 800.4(d) (1), is appropriate for this undertaking. DESCRIPTION OF THE UNDERTAKING1 If CSO or FHWA does not object to the FNAE-SC: ESA or FNAE-SC: SOIS within 15 days of receipt, Section 106 is complete, pursuant to . endstream endobj startxref For NRCS, under this definition, undertakings would include all proposed practices for any project, since the agency is providing assistance. The Federal Highway Administration (FHWA) first assigned this responsibility to Caltrans in 2007 as a pilot program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, (SAFETEA-LU) (Public Law 109-59). %PDF-1.6 %���� Note that Section 106 does not deal with impacts on all types of cultural resources, or all cultural aspects of the environment; it deals with impacts on properties included in or eligible for the National Register of Historic Places. This workshop is for consultants and others who are working with Caltrans directly or assisting local agencies with projects requiring FHWA funding or approval and are using the PA for their Section 106 compliance. Implementation of appropriate stipulations in the PA would result in compliance with section 106 of the NHPA. 2011 0 obj <> endobj The Caltrans/FHWA Section 106 Programmatic Agreement (PA) has been in use since 2004. Caltrans completed addenda to the PA within six months after the effective date of the MOU to reflect Caltrans' assignment of authority under the Pilot Program. 106 under Screened the PA SECTION 106 PA FLOWCHART 1. Caltrans, pursuant to Section 106 PA Stipulation X.B.2 and if applicable PRC 5024 MOU Stipulation X.B.2, has determined a Finding of No Adverse Effect (without Standard Conditions) is appropriate for this undertaking, and requests SHPO’s concurrence in this determination (see Attachment 4: FONAE). Comment Letter Responses June 2018 101 Newland Sierra Final EIR A-2 California Department of Transportation A-2-1 The comment is an introductory paragraph that references the project’s Draft EIR and general information about the project’s location. Introduction to Section 106 and 36 CFR Part 800 – basics of process, National Register of Historic Places (NRHP) criteria, aspects of integrity and criteria of adverse effect. As part of project planning, an applicant should be aware of any procedures or PA that the federal agency has established related to disaster or emergency declarations. 2038 0 obj <>/Filter/FlateDecode/ID[<9C5A7E775AB8FD4FAF0C771B124266E7>]/Index[2011 310]/Info 2010 0 R/Length 143/Prev 766833/Root 2012 0 R/Size 2321/Type/XRef/W[1 3 1]>>stream 470h-2(f)); and WHEREAS, Caltrans has participated in the consultation and has been invited to execute this Programmatic Agreement (PA); and WHEREAS, Caltrans has consulted with the State Historic Preservation Officer (SHPO) pursuant to Stipulation N.C. and Xl of the Section 106 PA, and where the Section 106 PA so directs, in accordance with 36 CPR Part 800, the regulation that implements Section 106 of the Creation of the PA began in 1996 and the document was finally executed in 2000. The SER contains information appropriate to all transportation projects developed under the auspices of Caltrans, and to all local agency highway or local streets and roads projects with funding or approvals by the Federal Highway Administration (FHWA). Caltrans, in accordance with Section 106 PA Stipulation VIII.C.5 and as applicable PRC 5024 MOU Stipulation VIII.C.5, has determined there are cultural resources within the APE that were previously determined not eligiblefor inclusion in the NRHP and/or not eligible for registration as a CHL with SHPO concurrence and those determinations remain valid. Chad Moffett delivering workshop on assessing effects on historic bridges to Caltrans staff in October 2015. Audience Interest Survey on Section 106 Process 100% of survey complete. SHPO concurred with Caltrans determination, letter dated 12/18/19. Section 470f; and Section 110(f) of the same Act (16 U.S.C. Therefore, Caltrans proposed that a Finding of No Adverse Effect with Standard Conditions through the use of the Secretary of the Interior’s Standards for the Treatment of Historic Properties would be appropriate. The basalt flake was an approximately 3 cm by 5 cm flake. Chief, Section 106 Coordination Branch Caltrans Division of Environmental Analysis 1120 N Street, MS# 27 Sacramento, CA 95814 ... Further, the Caltrans Statewide PA has guided most of the consultations when the unanticipated discoveries were occurring frequently, and it has proven to provide an acceptable This PA delegates to the agency virtually all of the Vermont SHPO’s review authority under the Section 106 regulations (36 CFR 800). The Section 106 PA incorporates Caltrans’ role as National Environmental Policy Act (NEPA) Lead Agency. Section 106 PA First Amended Programmatic Agreement (2014) among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 … 30. So, in accordance with Section 106 PA Stipulation X and if applicable PRC 5024 MOU Stipulation X, Caltrans made a determination of "No Adverse Effects without Standard Conditions". Army Corps 404 Permit Process At the time of the execution of the 2014 Section 106 PA, a compliance form was developed in tandem between Caltrans and the U.S. Army Corps of Engineers (USACE) for use with the 404 permit application, in order to convey summary information about Caltrans’ Section 106 efforts to USACE. 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