Final Report NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review Requested by: National Cooperative Highway Research Program Prepared by: ICF International, Inc. and The SRI Foundation April 3, 2015 The information contained in this report was prepared as part of NCHRP Project 25-25/ Task 91, National Cooperative Highway Research Program, Transportation Research Board. ACKNOWLEDGMENTS This study was requested by the American Association of State Highway and Transportation Officials (AASHTO), and conducted as part of the National Cooperative Highway Research Program (NCHRP) Project 25-25. The NCHRP is supported by annual voluntary contributions from the state departments of transportation. Project 25-25 provides funding for quick response studies on behalf of the AASHTO Standing Committee on the Environment. The report was prepared by ICF International and the SRI Foundation. The work was guided by a task group chaired by Antony Opperman and included Anne Bruder, Craig Casper, Paul Graham, Robert Hadlow, Lisa Hart, Carole Legard, Anmarie Medin, Jeanine Russell-Pinkham, and MaryAnn Naber. The NCHRP Project Manager was Crawford Jenks. The report authors were Terry Klein, Principal Investigator, of the SRI Foundation, David Cushman of the SRI Foundation, and Meg Scantlebury and Monte Kim of ICF International. DISCLAIMER The opinions and conclusions expressed or implied are those of the research agency that performed the research and are not necessarily those of the Transportation Research Board or its sponsors. The information contained in this document was taken directly from the submission of the authors. This document is not a report of the Transportation Research Board or of the National Research Council. EXECUTIVE SUMMARY National Cooperative Highway Research Program (NCHRP) 25-25/ Task 91 examines how federal and state transportation agencies are able to exclude projects from review under Section 106 of the National Historic Preservation Act. The Section 106 regulation in 36 Code of Federal Regulations (CFR) 800 provides for exclusions from further Section 106 review through findings of “no potential to cause effects” on historic properties (36 CFR 800.3(a)(1)), and through two types of program alternatives described under 36 CFR 800.14. The latter include programmatic agreements that exclude classes of actions from further review (36 CFR 800.14(b)) and exempted categories (36 CFR 800.14(c)). The first element of this NCHRP study involved the collection and review of state Department of Transportation (DOT) programmatic agreements (PAs) and other documents and authorities that include these exclusions from further Section 106 review. The parties to these PAs include the Federal Highway Administration (FHWA), the state DOT and State Historic Preservation Offices (SHPOs), and, in most cases, the Advisory Council on Historic Preservation (ACHP). The second element of this NCHRP study involved the development of an easy-to-use format presenting information on the exclusions included in these PAs and other documents. Specifically, the project team was tasked to develop a series of spreadsheets that organize these agreements and documents in terms of (1) types of action, and (2) types of historic/archaeological resource excluded from further Section 106 review. After collecting and reviewing the state DOT programmatic agreements and other documents, the project team interviewed a sample of the DOTs. The focus of these interviews was to obtain information on the DOTs’ applied experiences in streamlining Section 106 compliance by excluding classes of actions from further Section 106 review. The review of the PAs and other documents and the state DOT responses to the interview questionnaire clearly demonstrated the value of including lists of excluded actions in their statewide PAs. As noted in Ohio’s response to the questionnaire, having these excluded actions “allow cultural resources staff and SHPO staff to focus their efforts on more complex projects/impacts.” Similarly, Oregon DOT stated that the use of these excluded actions: allows us to quickly reduce the amount of projects that are innocuous to historic resources, and focus our limited personnel and time on projects that will have effects on historic resources. What’s more, we can permit projects that have a short fuse, and relatively simple actions (i.e. paving, striping) without hassling the SHPO, extensive and expensive time of our staff, and in our minds, makes us feel like the spirit of Section 106 is being upheld. Most of the DOTs said the actions listed in their PAs were screened by a historic preservation specialist on staff at the DOT in order to ensure that a project conforms to the description of a listed excluded action and that all of the conditions associated with an excluded action are met. These conditions may relate to the physical limits of the action, the types of transportation structures involved, and the presence or absence of historic properties. Some states, however, do NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review i April 3, 2015 National Cooperative Highway Research Program Executive Summary permit a non-specialist to exclude certain classes of actions from further Section 106 review. To make sure that the decisions made by these staff are appropriate and correct, some states implement a training program for these staff, have periodic reviews of the decisions made by these individuals, or establish a process whereby staff can consult with the DOT’s historic preservation specialists prior to making a decision to exclude an action from further Section 106 review. Some states excluded classes of actions without being screened by either a cultural resource management (CRM) specialist or non-CRM specialist. These classes of actions had been reviewed during the preparation of the state’s PAs or other documents, and the parties to the PAs and other documents agreed that these actions could be excluded from further Section 106 review without any additional considerations and analyses. The results of this NCHRP study, in addition to the PAs and other documents collected by the project team, can serve as a foundation for state DOTs interested in developing a new statewide PA that includes lists of excluded actions. This NCHRP study can also assist states interested in revising, updating, or expanding their current PAs. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review ii April 3, 2015 TABLE OF CONTENTS Page Executive Summary ..................................................................................................................................... i 1.0 Introduction .................................................................................................................................... 1 2.0 Collection, Review, and Analysis of Programmatic Agreements and Other Documents ...................................................................................................................................... 4 Introduction ......................................................................................................................... 4 Creation of Spreadsheets Presenting the Results of the PA and Other Document Review............................................................................................................... 4 Conditions for Use of Unscreened and Screened Actions .................................................. 6 Patterns Observed in Use of Unscreened and Screened Actions ........................................ 7 Patterns in Delegation of Section 106 Decisions and Findings .......................................... 9 2.1 2.2 2.3 2.4 2.5 3.0 Applied Experiences in Streamlining Section 106 Compliance ............................................... 10 3.1 Interviewing State DOTS .................................................................................................. 10 3.2 Interview Results .............................................................................................................. 11 4.0 Lessons Learned ........................................................................................................................... 17 Attachments Tables Figures Appendices NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review i April 3, 2015 1.0 INTRODUCTION The Federal Highway Administration (FHWA) and state transportation agencies are working to deliver projects more quickly, efficiently, and with reduced costs. These efforts reflect the objectives and goals of FHWA’s “Every Day Counts” initiative, which promotes the use of programmatic approaches to environmental compliance and decision making. One of the tools that can be used to achieve these goals and objectives is to define programs and actions that are excluded from environmental reviews, including Section 106 of the National Historic Preservation Act (NHPA), thus streamlining reviews and allowing transportation and resource agencies to focus on those undertakings that have the potential to adversely affect significant elements of the environment. These elements include properties listed in and eligible for listing in the National Register of Historic Places. National Cooperative Highway Research Program (NCHRP) 25-25/Task 91 examines how federal and state transportation agencies use exclusions from Section 106 review. Under the Section 106 regulation (36 Code of Federal Regulations [CFR] 800(a)(1)), a federal agency has no further obligations under Section 106 if their action is a type of activity that has “no potential to cause effects” on historic properties. Exclusions from further review under Section 106 can also be accomplished through stipulations in programmatic agreements (36 CFR 800.14(b)). The regulation also establishes a process for exempting categories of actions from Section 106 review (36 CFR 800.14(c)). As described on the Advisory Council on Historic Preservation’s (ACHP) website, the use of exempted categories: allows agencies to propose a program or category of agency undertaking that is exempt from further review under Section 106. The ACHP may also propose an exemption on its own initiative. Exempted categories must be actions that would otherwise qualify as undertakings as defined in § 800.16 and the potential effects from the undertakings must be foreseeable and likely to be minimal or not adverse. Exempted categories must also be consistent with the purposes of the National Historic Preservation Act. There is currently one exempted category, pursuant to 36 CFR 800.14(c), that directly applies to transportation projects. This is the ACHP’s March 2005 exemption of the Eisenhower Interstate System from Section 106 requirements. Under this exemption, only those sections of the Interstate Highway System that are nationally significant or are of exceptional historical significance, or have already been listed in or determined eligible for listing in the National Register, are subject to Section 106 review. All other elements of the Interstate Highway System are exempt from Section 106 review. There is also an ACHP program comment, pursuant to 36 CFR 800.14(e), that eliminates individual review requirements for common post-1945 concrete and steel bridges and culverts. This ACHP comment, published in the November 16, 2012 Federal Register, does not waive Section 106 reviews of undertakings that may affect these types of properties. However, as noted in FHWA’s Historic Preservation website: Much like the 2005 exemption from review for the Interstate Highway System, the Program Comment for common Post-1945 bridges relieves Federal agencies from the need, under Section 106, to individually evaluate and consider the effects of undertakings NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 1 April 3, 2015 National Cooperative Highway Research Program 1.0 Introduction on bridges described in Section V of the Program Comment (Common Bridges), with the considerations noted in Section IV. There are several statewide transportation-related programmatic agreements (PAs) that include lists of classes of actions that are excluded from further Section 106 review. Some of these statewide agreements stipulate that a qualified specialist within the state Departments of Transportation (DOTs) makes the decision as to whether or not an action is excluded from further review. In addition, some of these agreements also stipulate that these actions must be classified as Categorical Exclusions under the National Environmental Policy Act (NEPA) in order to be considered excluded from further review. Some states also have letter agreements and Memoranda of Understanding (MOUs) between the DOT and State Historic Preservation Offices (SHPOs) that list classes of actions that are excluded from review. It should be noted that these latter types of agreements are consistent with the Section 106 regulations only when they include actions with no potential to cause effects on historic properties. The first element of this NCHRP study is to collect and review state DOT-related PAs and other documents and authorities that include these exclusions.1 The parties to these PAs include FHWA, state DOTs and SHPOs, and, in most cases, the ACHP. The project team conducted a comprehensive online search of state DOT PAs to make sure the team had the most up-to-date versions of these PAs, and to obtain any additional PAs that were not in the project team’s files. Online sources included the ACHP’s web page on FHWA PAs (http://www.achp.gov/fhwastatewidepas.html), the “Programmatic Agreement Library” posted on the American Association of State Highway and Transportation Officials’ Environmental Excellence web site (http://environment.transportation.org/pal_database/), and state DOT websites. Next, the project team compiled a master list of all of the collected PAs, with dates of execution, and sent the list to FHWA’s liaison on staff at the ACHP, who at the time of this study was Ms. Carol Legard. The team asked Ms. Legard if the PAs on the list were the most current versions of the PAs, and if the team was missing any of the statewide PAs. With Ms. Legard’s assistance, the team updated and completed the collection of statewide PAs. The project team also contacted, via email, all of the cultural resource management (CRM) staff of the state DOTs, asking for copies of any letter agreements, MOUs, or other non-PA documents that included descriptions and/or lists of actions excluded from further Section 106 review. The team was able to obtain a number of these documents from the DOTs. The project team also collected and reviewed non-FHWA and non-transportation agency PAs and other documents that include exclusions that might be applied to FHWA and state DOT projects. These PAs and other documents are from agencies such as the Federal Railroad Administration, Bureau of Land Management, National Park Service, U.S. Forest Service, and Federal Emergency Management Agency (FEMA). These documents were obtained through an Internet search and consultation with ACHP staff. 1 This study does not include a review of the Interstate Highway System exemption or the program comment for common post-1945 bridges. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 2 April 3, 2015 National Cooperative Highway Research Program 1.0 Introduction The second element of this NCHRP study is to develop an easy-to-use format presenting information on the exclusions included in these PAs and other documents. Specifically, the project team was tasked to develop a series of spreadsheets that organize these agreements and documents in terms of (1) types of action, and (2) types of historic/archaeological resource excluded from further Section 106 review. The project team also created spreadsheets highlighting steps in the Section 106 process that are conducted by state DOT staff, without SHPO or ACHP consultation. Section 2.0 below discusses the process used in creating these spreadsheets, presents the spreadsheets, and summarizes the patterns observed in the exclusions included in the reviewed PAs and other documents. Note to Reader: To view a table, figure or appendix, place cursor over the table, figure, or appendix number and left click. This will take you to the table, figure, or appendix. To return to the text, right click anywhere on the table, figure or appendix, and then select “Previous view.” This will take you back to the text. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 3 April 3, 2015 2.0 COLLECTION, REVIEW, AND ANALYSIS OF PROGRAMMATIC AGREEMENTS AND OTHER DOCUMENTS 2.1 INTRODUCTION The project team collected and reviewed a total of 40 state DOT programmatic agreements and other documents. Of these 40 documents, 31 contain lists of actions excluded from further Section 106 review. In addition, of the 40 documents, 21 include stipulations that establish procedures whereby the state DOT implements steps in the Section 106 process without SHPO or ACHP consultation. Table 1 provides a list of the state DOT documents, mostly PAs, which include lists of excluded actions. The PAs that establish procedures whereby the state DOT would implement decisions and steps in the Section 106 process without SHPO or ACHP consultation are shown in Table 2. The project team also collected and reviewed non-FHWA and non-transportation agency PAs and related documents that include exclusions that might be applied to FHWA and state DOT projects. A total of 23 documents were obtained through an Internet search and consultation with ACHP staff. Table 3 lists these non-FHWA and non-transportation related documents. The project team did not include in this research and analysis state DOT PAs that addressed specific property types, such as historic bridges, historic railroads, and historic roads. For the most part, these PAs do not include lists of excluded actions. Rather, they focus on programmatic procedures and protocols on how these properties will be managed in terms of Section 106 compliance. 2.2 CREATION OF SPREADSHEETS PRESENTING THE RESULTS OF THE PA AND OTHER DOCUMENT REVIEW In reviewing the PAs and other documents, the project team observed that several of the PAs required the screening of actions by a qualified CRM specialist within the state DOT before the action could be excluded from further Section 106 review. Some state PAs allowed for a nonCRM professional, under certain circumstances, to make the decision as to whether or not an action could be excluded from further review. The project team also noticed that some of the state PAs and other documents excluded classes of actions without being screened by either a CRM specialist or non-CRM specialist. These classes of actions had been reviewed during the preparation of the PAs or other documents, and the parties to the PAs and other documents agreed that these actions could be excluded from further Section 106 review without any additional considerations and analyses. Given these observations, the project team created two initial spreadsheets of every single excluded action listed in the state DOT PAs and other documents: one for actions that required screening by either a CRM specialist or non-specialist, and one for actions that required no additional analysis/screening beyond what had already been done in the preparation of the PA or other agreement document. For ease of reference, we refer to the former category of actions as “screened” and the latter category of actions as “unscreened.” NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 4 April 3, 2015 2.0 Collection, Review and Analysis of Programmatic Agreements and Other Documents National Cooperative Highway Research Program The actions included in these two initial spreadsheets were organized by overarching categories and subcategories. For example, under the overarching category Roadways, there is a subcategory Shoulders. Within this subcategory there may be lists of individual actions such as “adding new shoulders” and “paving or widening of existing shoulders.” These overarching categories and subcategories, and the individual actions associated with these subcategories, are listed in the rows on the left side of the spreadsheet. The spreadsheet columns provide information from each state DOT PA or document. The columns show whether or not an overarching category, subcategory, and/or individual action is included in a given PA or document. The initial spreadsheets were extremely large, with 195 different actions listed in the unscreened spreadsheet and 269 actions listed in the screened spreadsheet. The project team, therefore, condensed the initial spreadsheets by grouping similar and duplicative individual actions into a single action description. Though these individual actions were grouped into one action description, the number of individual actions placed into this action description was still retained for each PA or document included in the spreadsheet. In addition, where an individual action was found in only one or two of the 31 PAs and other documents, these actions were treated as unique occurrences and were eliminated from the modified spreadsheets. These two modified spreadsheets for unscreened and screened actions are presented in Appendix 1 and Appendix 2, respectively. These two spreadsheets serve as a synthesis of virtually all unscreened and screened actions used by state DOTs around the country. Tables 4, 5, and 6 list all of the excluded actions shown in the left-hand column of Appendix 1. These tables serve as an easy reference on the types of actions state DOTs excluded from further Section 106 review. The organization and categories shown in these tables are purely for heuristic purposes. Table 4 lists actions associated with roadways. Table 5 lists actions associated with bridges, culverts, and railroads. Table 6 includes miscellaneous actions. The term “miscellaneous” is used to capture actions that do not fit neatly under the other categories in Tables 4 and 5. The Miscellaneous category includes a wide variety of actions such as construction of noise barriers; construction and replacement of curbs, gutters, and sidewalks; maintenance of DOT-owned properties; and non-construction related activities such as purchasing equipment. Table 7 (roadways), Table 8 (bridges, culverts, and railroads), and Table 9 (miscellaneous actions) list all of the screened actions shown in the left-hand column of Appendix 2. Figures 1 and 2 show how many different types of unscreened and screened actions are listed in each state DOT PA and other documents. As can be seen in these figures, there is a wide variation in the number of actions listed in these PAs and other documents. In addition, the two figures reveal differences among the states in terms of the number of different actions that are unscreened versus those that require screening. We will examine these differences in more detail later in this report. Table 10 highlights the most common actions listed in the PAs and other documents, and is based on the counts in Appendix 1. This table lists actions with counts greater than 10. Table 11 NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 5 April 3, 2015 2.0 Collection, Review and Analysis of Programmatic Agreements and Other Documents National Cooperative Highway Research Program highlights the most common screened actions listed in Appendix 2. Again, the latter table lists types of actions with counts greater than 10. For the purpose of identifying patterns among the unscreened and screened actions, the project team collapsed all of the action subcategories and individual activities associated with these subcategories (i.e., listed in Tables 4 through 9 and Appendices 1 and 2) into overarching action categories. The latter include categories such as roadways; utilities; landscaping; erosion control; signage, lighting, and signalization; and miscellaneous. The spreadsheets used to conduct this pattern analysis for unscreened and screened actions are presented in Appendix 3 and Appendix 4, respectively. The project team also created a spreadsheet on the steps in the Section 106 process that are conducted by state DOT staff without SHPO or ACHP consultation. This spreadsheet is presented in Appendix 5. Finally, the project team created spreadsheets listing unscreened and screened actions found in non-FHWA and non-transportation agency PAs and related documents that might be applied to FHWA and state DOT projects. These spreadsheets are presented in Appendix 6 and Appendix 7. 2.3 CONDITIONS FOR USE OF UNSCREENED AND SCREENED ACTIONS Most of the PAs and other documents include conditions or criteria that must be met in order for an action to be excluded from further Section 106 review. Several of the state DOT PAs stipulate that excluded actions must meet the criteria for a Categorical Exclusion pursuant to FHWA’s NEPA regulation (i.e., 23 CFR 771). Other conditions relate to the physical limits of the action, the types of transportation structures involved, and the presence or absence of historic properties. The following are some examples of these types of conditions: Must occur within an existing right of way or easement. Is not part of a larger undertaking. Is not within or adjacent to a National Register listed or eligible property. Cannot involve impacts on historic properties or historic districts. Does not affect a bridge that is listed in or eligible for listing in the National Register. The action has no known public controversy based on historic preservation issues. Any additional right-of-way proposed is limited in its entirety to areas that can be documented as having been previously disturbed and/or surveyed for cultural resources, and contain no National Register listed or eligible properties. There are no National Register properties adjacent to the project that will be altered or otherwise adversely affected by the project. These conditions or qualifying criteria are usually stipulated in the PAs or other documents prior to the listing of unscreened or screened actions. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 6 April 3, 2015 2.0 Collection, Review and Analysis of Programmatic Agreements and Other Documents National Cooperative Highway Research Program 2.4 PATTERNS OBSERVED IN USE OF UNSCREENED AND SCREENED ACTIONS State DOTs Using the overarching action categories listed in the spreadsheets, the project team first charted the percentage of unscreened actions by these categories (Figure 3) and percentage of screened actions (Figure 4). Most actions fall under the Roadways category, followed by Miscellaneous. The Roadways category includes such actions as general maintenance and repair; pavement resurfacing, restoration, and replacement; lane additions and widening; intersection improvements; and roadway safety. As noted earlier, the Miscellaneous category includes actions such as land acquisition and disposal; noise barriers; curbs, gutters, and sidewalks; recreational trails; and activities involving DOT-owned properties. A comparison of these two charts (see Figure 5) shows only minor differences between percentages of unscreened and screened actions. The two differences that do stand out are the higher percentage of screened actions associated with Bridges and the absence of Roadway Monitoring and Surveillance actions under unscreened actions. More pronounced differences occur when looking at the percentage of unscreened vs. screened actions among the PAs and other documents. Figure 6 presents the percentage of PAs and documents with unscreened actions, by action category. Figure 7 presents the percentage for screened actions. A comparison of these two figures is presented in Figure 8. The latter figure shows that a higher percentage of actions associated with Bridges are screened than not screened. Other differences between unscreened and screened are found in actions associated with Culverts, Ditches, and Drainage Systems; Landscaping; and Erosion Control. The possible reasons for the patterns seen in Figures 5 and 8 are discussed in Section 3.0 below. As noted above in the comparison of Figures 1 and 2, there are differences in the number of unscreened versus screened exclusions listed in the states’ PAs and other documents. Figures 9 and 10 provide another view of these differences. Figure 9 compares the number of screened and unscreened actions listed in the PAs and other documents, sorted by unscreened actions (that is, unscreened actions are listed first in descending order). Figure 10 presents the same information but sorted by screened actions. These two figures clearly show that some states screen most or all of the actions listed in their PAs and other documents, while other states screen only a few or none of the listed actions. Furthermore, in some cases, the same types of actions are unscreened by one state while screened in another state. The project team attempted to find a reason for these differences using available data on the PAs, documents, and state DOT CRM programs (such as the date of a PA or other document, size of a DOT’s CRM staff, and degree of delegation of Section 106 decisions and findings to a DOT’s CRM staff). The team, however, could not find a link between these currently available data and the patterns seen in Figures 9 and 10. The interviews of the 25 states that include these lists of unscreened and/or screened actions in their PAs or other documents (see Section 3.0 below) did not reveal the reason or reasons behind these differences among the states. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 7 April 3, 2015 2.0 Collection, Review and Analysis of Programmatic Agreements and Other Documents National Cooperative Highway Research Program The project team found only one PA that included a list of property types excluded from further Section 106 review; these properties are subjected to an internal review by qualified staff or a qualified DOT consultant before they are excluded from further consideration. These properties are listed in Attachment 4 of the California DOT PA. These properties are organized by property categories, and these categories have specific conditions or requirements that must be met before a property can be excluded from further review. These properties include, for example, isolated mining prospect pits; refuse scatters less than 50 years old; minor, ubiquitous, or fragmentary infrastructure elements; buildings, structures, objects, districts, and sites less than 30 years old; and buildings, structures, and objects moved within the past 50 years. Non-FHWA and Non-Transportation Agencies As noted above, the project team examined 23 non-FHWA and non-transportation agency PAs. In terms of excluded actions, most of these fell into the Miscellaneous category, involving routine maintenance, repair, stabilization, or rehabilitation of buildings and structures (see Table 12). This is not surprising given the agencies involved (e.g., Housing and Urban Development, General Services Administration, FEMA). The next most common categories were General Maintenance and Repair, Utilities, and Railroads. Within the category of General Maintenance and Repairs, excluded actions include those relating to the maintenance, repair, or replacement of signage, lighting, and/or signalization; road maintenance, repair, or replacement; and the repair or replacement of fencing. Under screened actions, most of the actions are under the General Maintenance and Repair category, followed by Miscellaneous and Utilities (see Table 13). Within the category of General Maintenance and Repair, excluded actions include roadway maintenance and repairs, undertakings on trails and paths, and actions involving signage and surveillance. The Miscellaneous category includes mostly actions involving landscaping, buildings and structures, and ground-disturbing activities. For the most part, the types of unscreened and screened actions included in the non-FHWA and non-transportation PAs and other documents are similar to those found in the state DOT PAs, with the exception of the former having a greater focus on buildings. A comparison of the state DOT and non-FHWA/non-transportation agency master spreadsheets (Appendix 6 and Appendix 7), however, shows that the latter agencies’ PAs and other documents do include some actions that are not found in the state DOT PAs, and may be worthy of consideration by state DOTs and FHWA. For example, under Culverts, Ditches, and Canals, one of the nontransportation PAs’ excluded actions involving repair, replacement, and upgrade of culvert systems, including those listed in or eligible for listing in the National Register, when the work is to be in-kind. These actions are not screened. Screened actions that might be worthy of consideration by state DOTs and FHWA involve sidewalks, repairs, and undertakings associated with trails, paths, and historic roads. Examples of these screened actions include: Existing roads that have been determined eligible for the National Register, in consultation with the SHPO/Tribal Historic Preservation Officer (THPO), may be repaired or resurfaced in-kind. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 8 April 3, 2015 2.0 Collection, Review and Analysis of Programmatic Agreements and Other Documents National Cooperative Highway Research Program 2.5 Undertakings proposed on existing non-historic sidewalks within a historic district, conducted in accordance with an approved treatment plan (such as a historic structures report, cultural landscape report, or preservation maintenance plan). Existing trails and associated features that have been determined eligible for the National Register, in consultation with the SHPO/THPO, may be repaired or resurfaced in-kind. Changing the material color of existing surfaces using materials that are recommended in an approved treatment plan or in keeping with the cultural landscape. PATTERNS IN DELEGATION OF SECTION 106 DECISIONS AND FINDINGS Not only did this study look at the use of unscreened and screened actions by state DOTs, the project team also examined the extent to which state DOT CRM staff made Section 106 decisions and findings without consultation with their respective SHPO or with the ACHP. Twenty states had PAs or other documents that include stipulations delegating these decisions and findings to the DOT’s CRM staff. Figure 11 shows the distribution of these decisions and findings among the PAs or other documents. There are eight discrete Section 106 decisions and findings stipulated among these PAs or other documents. Eighty-six percent of these PAs and other documents include stipulations whereby the DOT CRM staff make decisions on defining an action’s Area of Potential Effects (APE) without further consultation. Defining level of effort for conducting inventories, and making a finding of no historic properties affected, are also included in most of the PAs and other documents. Several of the PAs and other documents also allowed DOT CRM staff to make a decision related to one of the elements of a no historic properties affected finding (i.e., a determination that there are no historic properties present in an action’s APE). Decisions on National Register eligibility, however, usually require consultation with the SHPO and other consulting parties. Only a few PAs and other documents stipulate that a DOT’s CRM staff can make findings of no adverse effect and no adverse effect with conditions without further consultation; only one PA includes a stipulation where the DOT CRM staff can decide on resolving adverse effects without further consultation, under certain conditions. The latter is found in Vermont’s PA. Figure 12 highlights the distribution of these eight Section 106 decisions and findings among the state DOT PAs and other documents. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 9 April 3, 2015 3.0 APPLIED EXPERIENCES IN STREAMLINING SECTION 106 COMPLIANCE 3.1 INTERVIEWING STATE DOTS After collecting and reviewing the state DOT PAs and other documents, the project team interviewed a sample of the DOTs. The focus of these interviews was to obtain information on the DOTs’ applied experiences in streamlining Section 106 compliance by excluding classes of actions from further Section 106 review. The following is the interview questionnaire: 1. Does your use of excluded actions streamline Section 106 compliance and the project delivery process? If your answer is yes, in what specific ways does the use of excluded actions streamline Section 106 compliance and project delivery? 2. Our research found that some state DOTs screen actions before they can be excluded from Section 106 review, and this screening is done by the agencies’ qualified cultural resource management (CRM) staff. Other state DOTs, however, excluded these same actions without being screened by qualified CRM staff. Please answer one or more of the following questions, depending on which question applies to your agency: Why does your agency require the screening of certain actions before they are excluded from further Section 106 review? Why does your agency not require the screening of certain actions before they are excluded from further Section 106 review? Have you been able to expand the types of actions excluded from review because you have in-house CRM staff to screen these actions before they are excluded from further Section 106 review? Yes___ No___ Comments: 3. What is your process for adding to or changing your list of excluded actions? 4. Based on your experience applying these excluded actions over a time: Would you add any new excluded actions? If yes, what actions would you add and why? Would you remove any actions that are currently excluded from further review? If yes, what actions would you remove and why? Are there any actions that are now excluded without being screened by in-house CRM staff that you believe should be screened? If yes, which actions and why should they be screened? Conversely, are there now any actions that are screened by in-house CRM staff that you believe should be excluded from further review without screening? If yes, which actions and why should they not be screened? NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 10 April 3, 2015 National Cooperative Highway Research Program 3.0 Applied Experiences in Streamlining Section 106 Compliance The project team sent the questionnaire via email to the 31 state DOTs that list unscreened and/or screened actions in their PAs or other documents. Of the 31 state DOTs to receive the questionnaire, the following 25 states responded: California Colorado Connecticut Delaware District of Columbia Florida Georgia Kentucky Idaho Illinois Indiana Iowa Maine Maryland Massachusetts Missouri New Mexico North Carolina Ohio Oregon Pennsylvania South Carolina Texas Vermont Washington At the request of the NCHRP panel, the project team also sent a questionnaire to one of the nontransportation federal agencies: the Federal Emergency Management Agency. 3.2 INTERVIEW RESULTS Below are the responses from the 25 state DOTs. The responses are organized by each of the questions in the questionnaire. It should be noted that some states did not respond to all of the questions. FEMA’s response to the questionnaire is presented after those from the state DOTs. 1. Does your use of excluded actions streamline Section 106 compliance and the project delivery process? If your answer is yes, in what specific ways does the use of excluded actions streamline Section 106 compliance and project delivery? All of the responding state DOTs said the use of unscreened/screened actions streamlined both the Section 106 process and project delivery. Georgia DOT noted that lacking their agreement on these actions, it would take a minimum of three months to “clear” a project. Their agreement saved the DOT time and money by channeling their resources to larger projects. Indiana DOT noted that it took approximately two weeks to complete Section 106 compliance using their list of unscreened/screened actions, whereas the regular Section 106 process for projects with a no historic properties affected finding may take four to six months. In their response, the DOT for the District of Columbia said: This has streamlined our review and approval process significantly by cutting down the review time as well as has made project schedules more predictable. It has also made projects well-coordinated with SHPO and more sensitive to historic perseveration needs. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 11 April 3, 2015 National Cooperative Highway Research Program 3.0 Applied Experiences in Streamlining Section 106 Compliance Oregon DOT noted: Specifically, it allows us to quickly reduce the amount of projects that are innocuous to historic resources, and focus our limited personnel and time on projects that will have effects on historic resources. What’s more, we can permit projects that have a short fuse, and relatively simple actions (i.e. paving, striping) without hassling the SHPO, extensive and expensive time of our staff, and in our minds, makes us feel like the spirit of Section 106 is being upheld. Similarly, Ohio DOT processes about 300 unscreened/screened actions a year, and: [W]e save at least 15–30 days of review time per project since they do not require coordination with the SHPO. The low level project types included in Appendices A and B [of the PA] can be processed much more quickly than those that must be coordinated with the SHPO, which keeps the projects on schedule and saves time and money. It also allows cultural resources staff and SHPO staff to focus their efforts on more complex projects/impacts. California DOT (Caltrans) noted that since 2004, under their PA, consistently 80% of their cultural resource review workload stays in-house and does not go to the SHPO for review. 2. Our research found that some state DOTs screen actions before they can be excluded from Section 106 review, and this screening is done by the agencies’ qualified cultural resource management (CRM) staff. Other state DOTs, however, excluded these same actions without being screened by qualified CRM staff. Please answer one or more of the following questions, depending on which question applies to your agency: Why does your agency require the screening of certain actions before they are excluded from further Section 106 review? Most of the DOTs that responded to this question said the listed actions were screened by a CRM specialist in order to ensure a project conforms to the description of a listed excluded action, and that all of the conditions associated with an excluded action are met. For example, Georgia DOT noted that only a qualified CRM staff person is capable of reviewing a project description and determining if the project should be excluded from further review. Indiana DOT, which has lists of both unscreened and screened actions, stated that screening certain actions ensures consistent compliance with its PA and gives the Indiana SHPO added confidence that the PA is being used appropriately. The Maryland State Highway Administration noted: it is our experience that actions interpreted by engineering or maintenance staff as exempt may not in fact fit the narrow definition in our PA. Finally, our PA requires screening of exempt projects by qualified CR[M] staff. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 12 April 3, 2015 National Cooperative Highway Research Program 3.0 Applied Experiences in Streamlining Section 106 Compliance Washington State DOT noted that by having a qualified specialist reviewing actions: we assure SHPO and the consulting Tribes that exemptions are made based on solid archaeological methods and experience, and this allows us to exempt a broader variety of agency actions because our exemptions do not have to be so narrowly written and specific. These statements provide an explanation for the patterns observed in Figure 8. This figure shows that a higher percentage of actions associated with Bridges are screened than not screened. In addition, this figure shows that a higher percentage of actions associated with Culverts, Ditches, and Drainage Systems; Landscaping; and Erosion Control are also screened than not screened. The reasons for these patterns is the concern that only a qualified specialist has the ability to determine that these types of actions will have no potential to affect historic properties, such as historic bridges and archaeological sites. Why does your agency not require the screening of certain actions before they are excluded from further Section 106 review? Fewer states responded to this question compared to the previous question on screened actions. Illinois DOT stated that some actions are not screened “because they are unlikely to impact historic properties.” Connecticut DOT noted that: “Appendix A” [of the PA] undertakings include actions that are stand-alone and have no potential to impact historic properties. These include: highway markings, pothole filling, pavement milling, surface treatments to existing roadways, resurfacing in previously disturbed right-of-ways, repair in kind of curbs/sidewalks/street furniture, new pavement markings, replacement of utility poles and beam end repair of bridges that are less than 50 years old. Ohio DOT had a similar response, but the review of actions by non-CRM staff included an additional step: Appendix A of our Section 106 PA includes a list of actions that do not require screening by our qualified cultural resources staff. These project types are considered “Exempt” under our CE PA (c-listed projects under 23 CFR 771.117) and cannot involve new right of way. District environmental staff can clear these but they must check the SHPO’s electronic GIS website to ensure that no known properties exist in the APE. In Indiana, the cultural resource staff conducts a yearly “Quality Assurance Review” to verify that the DOT district environmental staff is correctly applying and documenting the excluded actions listed as “Category A” projects in its PA. Finally, Texas DOT conducts a “risk assessment” at the district level: empowering the environmental coordinators to certify such findings without the need to consult with professionally qualified CRM staff in such clear-cut examples. This Risk NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 13 April 3, 2015 National Cooperative Highway Research Program 3.0 Applied Experiences in Streamlining Section 106 Compliance Assessment process was embedded in the PA…to provide SHPO with confidence in the proposed process allowing this discretion. Have you been able to expand the types of actions excluded from review because you have inhouse CRM staff to screen these actions before they are excluded from further Section 106 review? Fifteen of the state DOT said yes to this question. Four of the DOTs said no. Vermont DOT provided a comment in relation to this question that mirrored some of the earlier comments on the use of unscreened/screened actions to streamline Section 106 reviews and project delivery (i.e., Question 1 above): We have added items such as replacing at-grade RR crossings, in-kind sidewalk replacements outside of Historic Districts, in-kind culvert replacements of noncontributing culverts where all work takes place from the road. We have discovered over the years that items such as these have had no potential for effect and we don’t need to spend as much time on them. It allows us to focus our attention on those activities with greater potential for affect. 3. What is your process for adding to or changing your list of excluded actions? Some of the DOTs’ PAs have to be formally amended in order to add or remove an unscreened/screened action. Other states simply consult with the agencies that signed the agreement and modify the PA without a formal amendment (i.e., following a standard amendment stipulation). For example, Idaho DOT contacts and notifies the signatories to the agreement on what is to be added to the appendix listing the actions, and then the DOT sends the agreement signatories a clean copy of the new appendix once the signatories agree that it is appropriate to add the actions to the appendix. Massachusetts and Pennsylvania DOTs follow a similar approach, obtaining written authorization/agreement from all of the parties to their PAs without a formal PA amendment. Georgia DOT built in a process to add actions each year. It is able to request the SHPO’s and FHWA’s approval for the addition, and once it gets the approval, the DOT adds the actions to the list in its agreement. Indiana DOT follows a similar process. 4. Based on your experience applying these excluded actions over a time: Would you add any new excluded actions? If yes, what actions would you add and why? Ten DOTs said yes to this question. Five said no. In terms of comments associated with this question, Maryland State Highway Administration (SHA) noted that it plans to add to its PA “routine building maintenance and infrastructure upgrades and maintenance of SHA owned facilities where no new ground disturbance is required.” Indiana DOT would like to include: more landscaping actions, wetland and stream mitigation sites, noise barriers, and roundabouts under our Category B actions requiring INDOT [cultural resource staff] approval because we have spent a lot of time and energy processing a lot of projects NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 14 April 3, 2015 National Cooperative Highway Research Program 3.0 Applied Experiences in Streamlining Section 106 Compliance within these categories where the outcome has been the same – no impacts to historic properties. South Carolina DOT stated it would not add any actions because it considers the current list in its PA to be comprehensive. A few other DOTs made similar statements. Oregon DOT staff does not see the need to add new actions to its list of excluded actions; however, the DOT did note that: One aspect that isn’t well discussed are actions with railroads. Replacement and actions that result in no net effect to the rail, in our view, should be considered actions acceptable under the PA. Of late we are seeing lots of rail projects, and would anticipate more, thus having a broader scope within that framework would allow for projects to go forward that, following close study by specialists for resources that might otherwise be missed by a generalist (we recently found 1880s Chinese graffiti on a stone culvert below routine track work), so as mentioned earlier, without awareness of important historical events (like Chinese influence on rail construction in the west) one could easily overlook cultural markers in the landscape that have national import. Would you remove any actions that are currently excluded from further? If yes, what actions would you remove and why? Three of the DOTs said yes, they would remove actions from the list of actions in their PAs. Seventeen of the states said no. In terms of comments on this question, New Mexico DOT noted that the inclusion of fencing was a “tricky” excluded action, as fencing can run through archaeological sites and this would be a trigger for tribal interests and concerns. Therefore, the DOT has to “tread very carefully with fencing projects.” Are there any actions that are now excluded without being screened by in-house CRM staff that you believe should be screened? If yes, which actions and why should they be screened? Two of the states said yes to this question. Seventeen of the states said no. Ohio DOT provided one of the few comments in relation to this question, noting that: our district environmental staff is trained that if there is any question, they should consult the cultural resources staff. We are only aware of one instance in the last three years in which a project was cleared by a district and, in hindsight it should have come to the cultural resources staff. Conversely, are there now any actions that are screened by in-house CRM staff that you believe should be excluded from further review without screening? If yes, which actions and why should they not be screened? NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 15 April 3, 2015 National Cooperative Highway Research Program 3.0 Applied Experiences in Streamlining Section 106 Compliance Only one DOT answered yes to this question. Seventeen states said no. Oregon DOT was the only state to comment on this question: We really don’t think, however…that something is so basic that we’d want to remove our review from it (and give it over to a generalist). Yes, we think some could handle some of those, but that could lead to a larger problem and invite misses on projects. FEMA Response to Questionnaire The project team contacted FEMA’s Federal Preservation Officer (FPO) and asked which of its statewide PAs would be most representative of the agency’s use of unscreened/screened actions. The agency’s FPO said the Louisiana Statewide PA would be the best example. On the question about how the use of unscreened/screen actions streamlines the Section 106 process, FEMA noted that including these actions in the Louisiana PA expedited the review process for emergency activities occurring within 30 days of an emergency declaration. FEMA uses: An extensive list of activities, Programmatic Allowances, that are specifically related to the types of work FEMA may be involved in following a disaster that have little or no potential to adversely affect historic properties. FEMA may identify and review projects comprised of these activities in-house without review by SHPO or Tribes. FEMA also noted that having such a list in the PA helps to avoid misunderstandings when new staff is assigned review responsibilities. When asked why the agency requires the screening of actions by a qualified CRM staff, the agency said: NHPA and the ACHP regulations require Federal agencies to meet the standards established by the [Secretary of the Interior (SOI)], and the use of qualified CRM staff is one option in meeting this requirement but the screening is done by either qualified EHP [Environmental Planning and Historic Preservation] contractors or FEMA EHP staff. Often FEMA staff must review drawings and specifications as part of the Section 106 review and a technical background along with strong grounding in the SOI Standards for the Treatment of Historic Properties is often necessary to determine if the Programmatic Allowances apply. Additionally, the review of previously recorded archaeological sites is often necessary and archaeological site files in Louisiana are restricted to SOI-qualified individuals. FEMA has added new exclusions to this PA over the years, including the removal of temporary facilities. It is also considering adding Americans with Disabilities Act street cuts, curbs, and sidewalks. The agency is permitted to add to the list of actions in consultation with the other parties to the agreement, without amending the agreement. FEMA does not plan to remove any actions that are currently listed in its PA, and it would continue to have all actions screened by its EHP staff prior to excluding the action from further Section 106 review. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 16 April 3, 2015 4.0 LESSONS LEARNED The state DOT responses to the questionnaire clearly demonstrate the value of including lists of unscreened and/or screened actions in their statewide PAs. As noted in Ohio DOT’s response to the questionnaire, having these unscreened/screened actions allows “cultural resources staff and SHPO staff to focus their efforts on more complex projects/impacts.” Most of the DOTs said the actions listed in their PAs were screened by a CRM staff member in order to ensure a project conforms to the description of a listed excluded action, and that all of the conditions associated with the excluded action are met. Some states, however, do permit a non-CRM specialist to exclude certain classes of actions from further Section 106 review. To make sure that the decisions made by these non-CRM staff are appropriate and correct, some states implement a training program for these non-CRM staff, have periodic reviews of the decisions made by these individuals, or establish a process whereby non-CRM staff can consult with the DOT’s CRM staff prior to making a decision to exclude an action from further review. In presenting the results of this study to the NCHRP panel, one member of the panel noted how much overlap there was between the screened and unscreened actions, with several states requiring screening by either a CRM specialist or a non-CRM specialist for the same activities that other states require no screening. The panel member suggested that these differences among the states may be a result of the fact that PAs are negotiated agreements reflecting the views of the state DOT, FHWA, the SHPO, and the ACHP. These parties to a PA, therefore, can agree on any number of actions that can be excluded from further Section 106 review, in addition to how a decision to exclude an action from further review will be made. It should be remembered that PAs are a “Program Alternative” under the Section 106 regulation, and the regulation allows a great deal of flexibility in how projects are reviewed, how historic properties are identified, and how project effects are assessed. FHWA, SHPOs, and the ACHP all have a role in making these determinations in the context of preparing a PA. In terms of expanding lists of unscreened/screened actions, this NCHRP study found that most state DOTs have added to the lists in their PAs. These additions were accomplished through formal amendments to their PAs or, in some cases, through a streamlined process whereby the DOT can consult with the other signatories to the agreement or just with the FHWA and SHPO, and, once the parties are in agreement, add or modify the actions in the list included in the PA. Furthermore, very few state DOTs would remove any of the actions currently included in their PAs. The project team also observed that recent statewide DOT PAs build upon the structure and content of previous PAs, adapting and modifying what other states have done in order to address the circumstances and character of their own state. The latter include the types of actions implemented in the state, the nature of their archaeological record and historic built environment, and the DOT’s relationship with their FHWA division office, SHPO, and other consulting parties. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 17 April 3, 2015 National Cooperative Highway Research Program 3.0 Applied Experiences in Streamlining Section 106 Compliance In summary, state DOTs can use what other states have accomplished, in addition to the results of this NCHRP study, as a foundation for developing a new PA that includes lists of unscreened and/or screened actions. This NCHRP study can also assist states interested in revising, updating, and expanding the list of actions included in their current PA. NCHRP 25-25/Task 91 Synthesis of Transportation Exclusions to Section 106 Review 18 April 3, 2015 TABLES Table 1. State Department of Transportation Programmatic Agreements and Other Documents Document California Statewide PA Full Title First Amended Programmatic Agreement 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 of the NHPA, As it Pertains to the Administration of the Federal-Aid Highway Program in California Colorado Statewide PA Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, Colorado State Historic Preservation Officer, and the Colorado Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, As it Pertains to the Administration of the Federal-Aid Highway Program in Colorado Connecticut Minor Projects Programmatic Agreement Among the Federal Highway Administration, the Connecticut PA Department of Transportation, the Connecticut State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementation of Minor Transportation Projects Delaware Statewide PA Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the Delaware Department of Transportation, and the Delaware State Historic Preservation Officer Regarding Implementation of the Federal Aid Highway Program in Delaware District of Columbia Citywide Programmatic Agreement Among the Advisory Council on Historic Preservation, the Federal PA Highway Administration, the District of Columbia Department of Transportation, and the District of Columbia State Historic Preservation Office Regarding Implementation of the Federal Aid Highway Program Florida Funding Agreement Funding Agreement Between Florida State Historic Preservation Officer and State of Florida Department of Transportation (FDOT) and United States Department of Transportation, Federal Highway Administration, August 15, 2003 Georgia Minor Projects MOU Memorandum of Understanding Between Federal Highway Administration, Georgia Department of Transportation, and Georgia Department of Natural Resources Historic Preservation Division - No Potential to Cause Effects GDOT Maintenance and Minor Highway Projects Idaho Minor Projects PA First Amended Programmatic Agreement Among the Federal Highway Administration, the Idaho Department of Transportation, the Advisory Council on Historic Preservation and the Idaho State Historic Preservation Office Regarding Minor Highway Improvement Projects Date 2013 2014 2012 2013 2008 2003 2014 2006 (Appendix A amended 2013) Illinois Minor Projects PA Programmatic Agreement (PA) Among the Federal Highway Administration, the Illinois 2010 Department of Transportation, the Advisory Council on Historic Preservation and the Illinois State Historic Preservation Officer Regarding the Implementation of Delegation Authority for Minor Projects of the Federal Aid Highway Program in the State of Illinois Indiana Minor Projects PA Programmatic Agreement Among the Federal Highway Administration, the Indiana 2006 Department of Transportation, the Advisory Council on Historic Preservation and the Indiana State Historic Preservation Officer Regarding Implementation of the Federal-Aid Highway Program in the State of Indiana Programmatic Agreement Among the Federal Highway Administration, the Iowa Department 2012 of Transportation, the Iowa State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementation of Federal-Aid Transportation Projects in the State of Iowa Programmatic Agreement Among the Federal Highway Administration, Kentucky 2011 Transportation Cabinet, Kentucky State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementing Section 106 of the National Historic Preservation Act for Federally Funded Road Projects in the Commonwealth of Kentucky Iowa Statewide PA Kentucky Statewide PA Maine Statewide PA Programmatic Agreement among Federal Highway Administration, Federal Transit 2004 Administration, the Advisory Council on Historic Preservation, the Maine State Historic Preservation Officer, and Maine Department of Transportation Regarding Implementation of the Federal Aid Highway and Federal Transit Programs in Maine Maryland Minor Projects PA Amended Programmatic Agreement Among the Federal Highway Administration, the Maryland State Highway Administration, the Advisory Council on Historic Preservation and the Maryland State Historic Preservation Officer for Minor Projects (with Appendix 1 and 2) 1 of 2 2008 Table 1. State Department of Transportation Programmatic Agreements and Other Documents Document Massachusetts Minor Projects PA Michigan Letter Agreement Full Title First Amended Programmatic Agreement Among the Federal Highway Administration, the Massachusetts Highway Department, the Massachusetts State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementation of Minor Highway Projects Revised Final Guidance for Projects Exempt from SHPO Review Date 2004 2005 Missouri Minor Projects PA Programmatic Agreement Among the Federal Highway Administration, the Missouri Highway 2009 and Transportation Commission, the Advisory Council on Historic Preservation, and the Missouri State Historic Preservation Officer for Minor Highway Projects Nebraska Minor Projects Letter Agreement New Mexico Statewide PA Activities that are Undertakings with No Potential to Cause Effects to Historic Properties 2010 Pursuant to 36 CFR 800.3(a)(l) First Amended Programmatic Agreement Among the Federal Highway Administration, the 2010 New Mexico Department of Transportation, the Advisory Council on Historic Preservation and the New Mexico State Historic Preservation Officer Regarding Implementation of the FederalAid Highway Program in New Mexico North Carolina Minor Projects Programmatic Agreement Among the Federal Highway Administration, North Carolina PA Department of Transportation, Advisory Council on Historic Preservation and North Carolina State Historic Preservation Officer For Minor Transportation Projects in North Carolina 2007 Ohio Statewide PA 2011 Oregon Statewide PA Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the State Historic Preservation Office, and the State of Ohio, Department of Transportation Regarding the Implementation of the Federal-Aid Highway Program in Ohio Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the Oregon State Historic Preservation Office, and the Oregon Department of Transportation Regarding Implementing Section 106 of the National Historic Preservation Act for the Federal-Aid Highway Program in Oregon 2011 Pennsylvania Statewide PA Modification of Appendix C of the Programmatic Agreement Among the Federal Highway 2010 Administration, the Advisory Council on Historic Preservation, the Pennsylvania State Historic Preservation Officer, and the Pennsylvania Department of Transportation Regarding Implementation of the Federal Aid Highway Program in Pennsylvania Puerto Rico Statewide PA Programmatic Agreement Among the Federal Highway Administration, the Puerto Rico State 2012 Historic Preservation Officer, the Puerto Rico Highway and Transportation Authority, and the Advisory Council on Historic Preservation Regarding the Federal Aid Highway Program in Puerto Rico Programmatic Agreement Among the Federal Highway Administration, the Rhode Island 2001 Transportation Authority, the Rhode Island State Historic Preservation Officer, the J.H. Chafee Blackstone River Valley National Heritage Corridor Commission, and the Advisory Council on Historic Preservation for Minor Transportation Projects Rhode Island Minor Projects PA South Carolina Statewide PA Programmatic Agreement Among the Federal Highway Administration, the South Carolina 2011 (As amended Department of Transportation, the South Carolina State Historic Preservation Officer and the 2014) Advisory Council on Historic Preservation Regarding Section 106 Implementation for FederalAid Transportation Projects in the State of South Carolina Texas Statewide PA Vermont Statewide PA Washington Statewide PA First Amended Programmatic Agreement Among the Federal Highway Administration, the Texas Department of Transportation, the Texas State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementation of Transportation Undertakings Programmatic Agreement Among the Federal Highway Administration, the Vermont Agency of Transportation, the Advisory Council on Historic Preservation, and the Vermont State Historic Preservation Officer Regarding Implementation of the Federal-Aid Highway Program in Vermont Second Amended Programmatic Agreement Implementing Section 106 of the National Historic Preservation Act for the Federal-aid Highway Program in Washington State Administered by the Federal Highway Administration 2 of 2 2005 2000 2012 Table 2. State DOT PAs and Other Documents Delegating Section 106 Decisions and Findings to the State DOT Document California Statewide PA Full Title First Amended Programmatic Agreement 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 of the NHPA, As it Pertains to the Administration of the Federal-Aid Highway Program in California Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, Colorado State Historic Preservation Officer, and the Colorado Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, As it Pertains to the Administration of the Federal-Aid Highway Program in Colorado Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the Delaware Department of Transportation, and the Delaware State Historic Preservation Officer Regarding Implementation of the Federal Aid Highway Program in Delaware Programmatic Agreement Among the Federal Highway Administration, the Iowa Department of Transportation, the Iowa State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementation of Federal-Aid Transportation Projects in the State of Iowa Programmatic Agreement Among the Federal Highway Administration, Kentucky Transportation Cabinet, Kentucky State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementing Section 106 of the National Historic Preservation Act for Federally Funded Road Projects in the Commonwealth of Kentucky Amended Programmatic Agreement Among the Federal Highway Administration, the Maryland State Highway Administration, the Advisory Council on Historic Preservation and the Maryland State Historic Preservation Officer for Minor Projects (with Appendix 1 and 2) Date 2013 First Amended Programmatic Agreement Among the Federal Highway Administration, the Massachusetts Highway Department, the Massachusetts State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementation of Minor Highway Projects Programmatic Agreement Among the Federal Highway Administration, the Minnesota State Historic Preservation Office, the Advisory Council on Historic Preservation, the Department of the Army, Corps of Engineers St. Paul District, and the Minnesota Department of Transportation Regarding Implementation of the Federal-Aid Highway Program in Minnesota 2004 Missouri Minor Projects PA Programmatic Agreement Among the Federal Highway Administration, the Missouri Highway and Transportation Commission, the Advisory Council on Historic Preservation, and the Missouri State Historic Preservation Officer for Minor Highway Projects 2009 Nebraska Minor Projects Activities that are Undertakings with No Potential to Cause Effects to Historic Properties Letter Agreement Pursuant to 36 CFR 800.3(a)(l) New Mexico Statewide PA First Amended Programmatic Agreement Among the Federal Highway Administration, the New Mexico Department of Transportation, the Advisory Council on Historic Preservation and the New Mexico State Historic Preservation Officer Regarding Implementation of the Federal-Aid Highway Program in New Mexico 2010 North Carolina Minor Projects PA Programmatic Agreement Among the Federal Highway Administration, North Carolina Department of Transportation, Advisory Council on Historic Preservation and North Carolina State Historic Preservation Officer For Minor Transportation Projects in North Carolina 2007 Ohio Statewide PA Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the State Historic Preservation Office, and the State of Ohio, Department of Transportation Regarding the Implementation of the Federal-Aid Highway Program in Ohio Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the Oregon State Historic Preservation Office, and the Oregon Department of Transportation Regarding Implementing Section 106 of the National Historic Preservation Act for the Federal-Aid Highway Program in Oregon 2011 Colorado Statewide PA Delaware Statewide PA Iowa Statewide PA Kentucky Statewide PA Maryland Minor Projects PA Massachusetts Minor Projects PA Minnesota Statewide PA Oregon Statewide PA 1 of 2 2014 2013 2012 2011 2008 2005 2010 2011 Table 2. State DOT PAs and Other Documents Delegating Section 106 Decisions and Findings to the State DOT Document Full Title Pennsylvania Statewide PA Modification of Appendix C of the Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the Pennsylvania State Historic Preservation Officer, and the Pennsylvania Department of Transportation Regarding Implementation of the Federal Aid Highway Program in Pennsylvania Date 2010 Rhode Island Minor Projects PA Programmatic Agreement Among the Federal Highway Administration, the Rhode Island Transportation Authority, the Rhode Island State Historic Preservation Officer, the J.H. Chafee Blackstone River Valley National Heritage Corridor Commission, and the Advisory Council on Historic Preservation for Minor Transportation Projects 2001 South Carolina Statewide PA Programmatic Agreement Among the Federal Highway Administration, the South Carolina 2011 (As amended 2014) Department of Transportation, the South Carolina State Historic Preservation Officer and the Advisory Council on Historic Preservation Regarding Section 106 Implementation for FederalAid Transportation Projects in the State of South Carolina Texas Statewide PA First Amended Programmatic Agreement Among the Federal Highway Administration, the Texas Department of Transportation, the Texas State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Implementation of Transportation Undertakings Vermont Statewide PA Programmatic Agreement Among the Federal Highway Administration, the Vermont Agency of Transportation, the Advisory Council on Historic Preservation, and the Vermont State Historic Preservation Officer Regarding Implementation of the Federal-Aid Highway Program in Vermont Washington Statewide PA Second Amended Programmatic Agreement Implementing Section 106 of the National Historic Preservation Act for the Federal-aid Highway Program in Washington State Administered by the Federal Highway Administration 2 of 2 2005 2000 2012 Table 3. Non-FHWA and Non-Transportation Agency PAs and Other Documents PA Army Corps of Engineers and Virginia SHPO Full Title of PA Programmatic Agreement Among U.S. Army Corps of Engineers Norfolk District Regulatory Office, Advisory Council on Historic Preservation, Virginia Department of Environmental Quality and Virginia State Historic Preservation Office Regarding Implementation of The Norfolk District Corps of Engineers State Program General Permit and Section 106 of The National Historic Preservation Act. Protocol for Managing Cultural Resources on Lands Administered by the Bureau of Land Management in Alaska Year 2012 State Protocol Agreement Among the California State Director of the Bureau of Land Management and the California State Historic Preservation Officer and the Nevada State Historic Preservation Officer Regarding the Manner in which the Bureau of Land Management Will Meet Its Responsibilities Under the National Historic Preservation Act and the National Programmatic Agreement Among the BLM, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers State Protocol Agreement between the Idaho State Director, Bureau of Land Management (BLM) and the Idaho State Historic Preservation Office (SHPO) Regarding the Manner in which the BLM will meet Its Responsibilities Under the National Historic Preservation Act (NHPA) as Provided for in the National Programmatic Agreement (NPA) Protocol Agreement between New Mexico Bureau of Land Management and New Mexico State Historic Preservation Officer 2007 Bureau of Land Management and Nevada SHPO State Protocol Agreement between the Bureau of Land Management Nevada and the Nevada State Historic Preservation Office for Implementing the National Historic Preservation Act 2009 Bureau of Land Management and Oregon SHPO Protocol for Managing Cultural Resources on Lands Administered by the Bureau of Land Management in Oregon 1998 Bureau of Land Management and Utah SHPO Programmatic Agreement Between the U.S.D.I. Bureau of Land Management, Utah, the Utah State Historic Preservation Officer, the Advisory Council on Historic Preservation, the State of Utah School and Institutional Trust Lands Administration, and GASCO Energy, Inc. Regarding the Unita Basin Natural Gas Development Project Development Plan in Unitah and Duchesne Counties, Utah Programmatic Agreement Among the Bureau of Land Management, Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers Regarding the Manner in Which BLM Will Meet Its Responsibilities under the National Historic Preservation Act; State Protocol Between the Wyoming BLM State Director and the Wyoming SHPO 2011 Bureau of Land Management and Alaska SHPO Bureau of Land Management and California and Nevada SHPOs Bureau of Land Management and Idaho SHPO Bureau of Land Management and New Mexico SHPO Bureau of Land Management and Wyoming SHPO Page 1 of 3 1998 1998 no date 2006 Table 3. Non-FHWA and Non-Transportation Agency PAs and Other Documents PA Bureau of Ocean Energy Management and ACHP Department of Energy and SHPOs - Prototype PA Federal Emergency Management Administration and Louisiana SHPO Federal Railroad Administration and California SHPO Federal Railroad Administration and California SHPO Federal Railroad Administration, New York DOT and New York SHPO Federal Railroad Administration, Federal Transit Administration, Connecticut DOT, Connecticut SHPO, and Massachusetts SHPO Full Title of PA Programmatic Agreement Among the U.S. Department of the Interior, Bureau of Ocean Energy Management; the State Historic Preservation Officers of North Carolina, South Carolina, Georgia, and Florida; the Catawaba Indian Nation and the Advisory Council on Historic Preservation Regarding Review of Outer Continental Shelf Renewable Energy Activities Under Section 106 of the National Historic Preservation Act Prototype Programmatic Agreement Between The United States Department of Energy, the [insert state name] Energy Office and the [insert state name] State Historic Preservation Office Regarding EECBG, SEP and WAP Undertakings Programmatic Agreement Among The Federal Emergency Management Agency, The Louisiana State Historic Preservation Officer, The Louisiana Governor's Office Of Homeland Security and Emergency Preparedness, The Alabama-Coushatta Tribe of Texas, The Caddo Nation, The Chitimacha Tribe of Louisiana, The Choctaw Nation of Oklahoma, the Coushatta Tribe of Louisiana, The Jena Band of Choctaw Indians, The Mississippi Band of Choctaw INDIANS, the Quapaw Tribe of Oklahoma, The Seminole Tribe of Florida, The Tunica-Biloxi Tribe of Louisiana, And The Advisory Council On Historic Preservation Programmatic Agreement Among the Federal Railroad Administration, The Advisory Council on Historic Preservation, The California State Historic Preservation Officer, and The California High-Speed Rail Authority Regarding Compliance With Section 106 of The National Historic Preservation Act, As It Pertains To The California High-Speed Train Project [Merced to Fresno] Programmatic Agreement Among the Federal Railroad Administration, The Advisory Council on Historic Preservation, The California State Historic Preservation Officer, and The California High-Speed Rail Authority Regarding Compliance With Section 106 of The National Historic Preservation Act, As It Pertains To The California High-Speed Train Project [Fresno to Bakersfield] Draft Programmatic Agreement Among the Federal Railroad Administration, The New York State Department of Transportation, and The New York State Historic Preservation Officer Regarding The High Speed Rail Empire Corridor Program Programmatic Agreement Among the Federal Railroad Administration, The Federal Transit Administration, The Connecticut State Historic Preservation Office, The Massachusetts State Historic Preservation Office, and The Connecticut Department of Transportation Regarding Compliance With Section 106 of The National Historic Preservation Act, As It Pertains To The New Haven-Hartford-Springfield High Speed Intercity Passenger Rail Project Page 2 of 3 Year 2013 2010 2009 2011 2011 2014 2012 Table 3. Non-FHWA and Non-Transportation Agency PAs and Other Documents PA General Services Administration, ACHP and SHPOs General Services Administration and District of Columbia SHPO Housing and Urban Development and Louisiana SHPO National Park Service, ACHP and SHPOs US Department of Agriculture - Forest Service, and California and Nevada SHPOs US Department of Agriculture - Rural Development and Pennsylvania SHPO US Army Corps of Engineers, US Fish and Wildlife Service, FHWA, and North Dakota DOT Full Title of PA Programmatic Agreement Among Region 9 of the General Services Administration; The State Historic Preservation Officers of AZ, CA, HI, and NV and The Advisory Council on Historic Preservation Regarding Preservation, Maintenance, Rehabilitation, and Use of Historic Properties and Consideration of Historic Properties in Planning Activities Programmatic Agreement among the United States General Services Administration, the District of Columbia Historic Preservation Office, the Advisory Council on Historic Preservation, the National Capital Planning Commission, the National Park Service, and Trump Old Post Office LLC Regarding the Ground Leasing, Rehabilitation, Ongoing Maintenance and Stewardship of the Old Post Office Building and Annex, and Associated Transportation Improvements, Washington, D.C. Programmatic Agreement Among The City of New Orleans, The Housing Authority of New Orleans, The Louisiana State Historic Preservation Officer, and The Advisory Council On Historic Preservation Regarding The Choice Neighborhoods Initiative Iberville/Treme Transportation Plan New Orleans, Louisiana Programmatic Agreement Among The National Park Service (U.S. Department of The Interior), The Advisory Council On Historic Preservation, And The National Conference Of State Historic Preservation Officers For Compliance With Section 106 Of The National Historic Preservation Act Programmatic Agreement Among The U.S.D.A. Forest Service, Pacific Southwest Region (Region 5), California State Historic Preservation Officer, Nevada State Historic Preservation Officer, And The Advisory Council On Historic Preservation Regarding The Processes For Compliance With Section 106 of The National Historic Preservation Act For Management of Historic Properties By the National Forests Of The Pacific Southwest Region Programmatic Agreement Among U.S. Department of Agriculture, Rural Development, The Pennsylvania State Historic Preservation Officer, And The Advisory Council on Historic Preservation Regarding The Implementation of USDA Rural Development Programs In Pennsylvania Emergency Relief Programmatic Agreement Between The United States Army Corps of Engineers, The United States Fish & Wildlife Service, The Federal Highway Administration, North Dakota Division, And The North Dakota Department of Transportation Page 3 of 3 Year 2008 2013 2013 2008 2012 2005 2011 Table 4. State DOT Unscreened Actions: Roadways General Maintenance and Repairs Routine maintenance and repair work within previously disturbed rights-of-way including filling ruts and potholes, crack sealing, drainage maintenance, etc. Pavement Resurfacing, Restoration, and Replacement Pavement resurfacing, restoration, rehabilitation, reconstruction, overlay, sealing, filling, milling, grinding, grooving, etc. within previously disturbed right-of-way Lane Additions and Widening Addition of lanes, turning lanes, and road widening within the existing right-of-way, roadbed or disturbed median that is limited to less than one full travel lane Shoulders Adding shoulders; paving, repaving, and flattening paved shoulders Intersection Improvements Intersection improvements and ramp rehabilitation without additional right-of-way and in previously disturbed areas Roadway Safety Installation, repair, or replacement of safety appurtenances including glare screens, median barriers, safety barriers, and safety cables in the highway median Installation, repair, or replacement of highway right-of-way fencing in previously disturbed soils Installation or replacement of guardrails and median barriers outside of NRHP listed or eligible properties Installation, removal or replacement of pavement markers, rumble strips, roadway striping, traffics sensors, etc. Removal of objects on the roadways, hazardous waste, traffic accident cleanup, and fire control Erosion Control Placement of rip rap to prevent erosion affecting bridges and waterways in previously disturbed soils or where no ground disturbance is required Erosion control through slide and slope corrections within previously disturbed soils Landscaping In-kind replacement of existing landscaping, removal of trees and vegetation, landscaping on fill slope and back slope within the existing right-of-way and not within or adjacent to NRHP eligible properties Mowing, seeding/reseeding, planting and other ground cover maintenance activities, brush removal, herbicidal spraying within the existing right-of-way Signage, Lighting, and Signalization Installation, maintenance, repair, replacement of lighting, signals, and other traffic control systems within the existing right-of-way or in previously disturbed soils Installation, maintenance, repair, or replacement of highway signs, advisory signs, warning signs, interpretative signs, etc. , within the existing right-of-way Installation or replacement of Intelligent Transportation System (ITS) cameras and devices, and electronic advisory signs Utilities Installation, repair, relocation, in-kind replacement of existing underground utilities and utility poles within the exiting footprint or roadway Page 1 of 1 Table 5. State DOT Unscreened Actions: Bridges, Culverts, and Railroads Bridges Bridge work, including replacement, rehabilitation, reconstruction, maintenance and repair of bridges not listed in or eligible for listing in the NRHP or bridges less than 45 or 50 years where work is limited to the existing right-of-way and/or to previously disturbed soils Routine bridge and structure maintenance and repair actions, including and limited to: cleaning of the bridge; in-kind painting of bridge; in-kind replacement of bridge decking and expansion joints and compression seals; deck overlay with the same or similar materials, etc. (No age limit, no mention of NRHP status) Bridge structural maintenance, stabilization, and rehabilitation work (no further elaboration) Culverts, Ditches, and Drainage Systems Repair, replacement, maintenance of non-NRHP eligible culverts and other drainage structures, stormwater facilities, and sewers in previously disturbed soils within the existing right-of-way Stream stabilization and restoration activities, (including removal of debris or sediment obstructing the natural waterway) All work on ditches and channels including reestablishment of existing ditches to original width in previously disturbed soils Railroads Rehabilitation, reconstruction, or refurbishing of existing at-grade railroad crossing including installation of railroad crossing signs, signals, gates, and other safety upgrades in previously disturbed areas Page 1 of 1 Table 6. State DOT Unscreened Actions: Miscellaneous Land acquisition and disposal Acquisition of land, acquisition of easements, renewal of leases, transfer of federal lands to another federal agency, disposal of excess right-of-way previously purchased with federal funds Noise Barriers Installation and maintenance of noise barriers within existing roadway right-of-way Curb, gutter, and sidewalk Construction of curbs, gutters, and sidewalks including curb cuts made under ADA In-kind replacement or repair of existing curb, gutters, and sidewalks with or without the addition of benches, lights, and other street furniture Bicycle, Recreational, Pedestrian Trails Improvements to existing bicycle lanes and pedestrian trails including adding lanes and walkways; installation of shelters, bike racks and other facilities Projects involving construction of bicycle and pedestrian lanes, paths, and facilities; and multi-use paths and facilities, outside of NRHP listed or eligible bridges, districts or properties DOT Owned properties Maintenance and minor improvements to existing rest areas, park and ride areas, weigh stations, welcome centers, maintenance facilities within previously disturbed soils Non-Construction related Activities Non-construction activities, such as preliminary engineering, training, technical studies, non-invasive inspections, and educational programs Purchase of materials and equipment including vehicles Page 1 of 1 Table 7. State DOT Screened Actions: Roadways General Maintenance and Repairs Routine roadway and roadside maintenance and repair activities within existing interchanges, medians, and adjacent frontage roads in previously disturbed areas Pavement Resurfacing, Restoration, and Replacement Restore, rehabilitate, and/or resurface existing pavement including sealcoats, chipseal, milling, grooving, patching, etc., within the existing roadway prism Pavement reconstruction, resurfacing, placement of sealcoats and chipseals, and/or crack filling that extends beyond the existing roadway prism Resurfacing, restoration, and rehabilitation, including minor roadway widening, milled rumble strips, patching, intersection modifications Roadway rehabilitation and reconstruction which may include construction of turning lanes, parking lots, auxiliary lanes and shoulder widening within a previously disturbed area Lane Additions and Widening Widening of existing roads where additions are limited to a specified lane width (e.g., less than one half lane) or distance from the existing right-of-way (e.g., less than 20 feet); includes minor changes in road alignment Addition of lanes within the existing right-of-way where no cultural resources or NRHP eligible sites or districts are present Shoulders Adding new shoulders, paving or widening existing shoulders Intersection/Interchange Improvements Intersection improvements including construction of turn and auxiliary lanes, minor realignment of on/off ramps, channelization, signage, pavement markings, etc. Correcting substandard roadway geometrics and intersections in previously disturbed areas Placement of fill material on the side slopes of intersection crossroads and access for purposes of flattening these slopes to meet safety criteria Roadway Safety Removal of hazardous waste, traffic accident cleanup, objects on the roadway Emergency repairs to maintain integrity of bridges and roadways Storm damage repairs and debris cleanup and removal Installation, repair, or replacement of fencing including highway fencing, wildlife fencing, vandal fencing etc. Installation of or repairs to guardrails, median barriers, safety barriers, guideposts, glare screens, etc. Installation, removal, replacement of roadway markings such as painted stripes, raised pavement markers, rumble strips, sensors, traffic impact attenuators, etc. Clear zone safety improvements including removal of rock fall and fixed objects Construction in areas of continuous slides, borrowing of rock and rock removal within the exiting rights-of-way, installation of rock fall containment systems Page 1 of 2 Table 7. State DOT Screened Actions: Roadways Signage, Lighting and Signalization Installation, repairs, replacement, and maintenance of highway signs including directional, safety and operational signs, mile marker signs, right-of-way markers, etc. Installation, replacement, upgrade to, or addition of lighting to roads, highways and intersections Installation, repair, or replacement of traffic signalization and control systems Roadway Monitoring and Surveillance Installation of highway monitoring systems including cameras, radio systems, metering equipment, traffic loop detectors, Intelligent Transportation Systems (ITS) Erosion Control Erosion control measures including slide and slope corrections, placement of rip rap, scour control measures, and emergency erosion control measures Landscaping Installation, replacement, maintenance or removal of landscaping, vegetation, mowing, burning, cutting and spraying of noxious weeds within and adjacent to the right-of-way Utilities Installation, relocation, replacement, or repair of utilities including conduits, fiber optic cables, pipelines, etc. Page 2 of 2 Table 8. State DOT Screened Actions: Bridges, Culverts, and Railroads Bridges Replacement, reconstruction, rehabilitation, relocation, and structural alterations to non-NRHP eligible bridges and/or bridges that do not meet an established age threshold (e.g., less than 50 years old) Routine maintenance, stabilization, and repair work on NRHP listed or eligible bridges including in-kind replacement of original materials, concrete patching and sealing, scour protection, etc. Bridge work, including bridge removal, structural repairs, replacement of expansion joints, deck rehabilitation, utility projects, etc., (NRHP eligibility status or age not specified) All bridge/culvert related work with exceptions for bridges/culverts of a specified age or length (e.g., less than 20 feet) Culverts, Ditches, and Drainage Systems Repair, rehabilitation, and replacement of minor drainage features within the highway right of way, including culverts, pipes, intake/outtake features, drainage ditches and rundowns Installation, repair, rehabilitation, and replacement of minor drainage structures that are specifically limited by age (e.g., less than 50 years), size (e.g., less than 15 feet) or NRHP status Improving existing drainage systems elements; reestablishment of existing ditches to original width; stream stabilization and restoration Railroads Installation, removal, replacement, reconstruction, or alterations to railroad crossings including surfaces, gates, signals, warning signs, flashing lights, etc. Maintenance, repair and replacement of railroad tracks, rail beds, ties, circuitry Page 1 of 1 Table 9. State DOT Screened Actions: Miscellaneous General Work within existing permitted material source pits, quarries, or borrow sources; construction of projects on and within dredge spoil sites, former strip mines, or borrow sources that have been previously inventoried and where no cultural resources were identified Development of construction staging and temporary use areas for stockpiling equipment, gravels, and waste materials that are outside of NRHP listed or eligible properties in previously disturbed areas Construction of wetland mitigation areas in previously disturbed soils, wetlands testing and delineation, wetlands enhancement activities Non-construction related activities such as planning and technical studies, grants, research, and the promulgation of rules, regulations, and directives Construction or repair of fish screens or ladders, springs, waterholes, or stream channels Land Acquisition and Disposal Disposal or transfer of excess properties that do not contain cultural resources, NRHP listed or eligible properties, or structures that are 50 years old or older Right-of-way activities such as hardship acquisition or acquisition of scenic or conservation easements Testing and Drilling Engineering tests, including seismic, geologic, hazardous materials testing, drill samples, ground boring, etc. in and outside highway right-of-way Noise Barriers Installation of noise barriers or retaining walls and other noise reduction measures DOT Owned Properties Construction or improvements to existing rest areas, chain control, park and ride lots, weigh stations, rest areas, etc., where no new right-of-way is acquired Restoration, rehabilitation, reconstruction of non- historic buildings Construction of bus transfer structures, visitors centers, museums Rehabilitation of historic buildings, structures, or facilities Curb, gutter, and sidewalk Installation, replacement, or repair of curb, gutter; sidewalk improvements Streetscapes Streetscape improvements including installation or removal of benches, boulders, garbage receptacles, signage, lighting, landscaping, and pavers Americans with Disabilities Act (ADA) Compliance Installation of and improvements to ADA-compliant features Bicycle, Recreational, Pedestrian Trails Construction, rehabilitation, and widening of existing bicycle and pedestrian trails, walkways and amenities Transit and Port facilities Modernization of transit facilities within existing property boundaries including roadway resurfacing, installation of bus shelters, pullouts, park and ride facilities, bike racks, benches, etc. Modernization of a port facility within existing property boundaries involving roadway resurfacing, equipment restoration, facility replacement, rehabilitation, and reconstruction Page 1 of 1 Table 10. Most Common State DOT Unscreened Actions by Rank Order Actions Routine maintenance and repair work within previously disturbed rights-of-way, including filling ruts and potholes, crack sealing, drainage maintenance, etc. Pavement resurfacing, restoration, rehabilitation, reconstruction, overlay, sealing, filling, milling, grinding, grooving, etc. within previously disturbed right-of-way. Installation, maintenance, repair, replacement of lighting, signals, and other traffic control systems within the existing right-of-way or in previously disturbed soils. Installation, maintenance, repair, or replacement of highway signs, advisory signs, warning signs, interpretative signs, etc. , within the existing right-of-way. In-kind replacement or repair of existing curb, gutters, and sidewalks with or without the addition of benches, lights, and other street furniture. Installation or replacement of guardrails and median barriers outside of NRHP listed or eligible properties. Installation, removal or replacement of pavement markers, rumble strips, roadway striping, traffics sensors, etc. Repair, replacement, maintenance of non-National Register eligible culverts and other drainage structures, stormwater facilities, and sewers in previously disturbed soils within the existing right-of-way. Rehabilitation, reconstruction, or refurbishing of existing at-grade railroad crossing including installation of railroad crossing signs, signals, gates, and other safety upgrades in previously disturbed areas. Maintenance and minor improvements to existing rest areas, park and ride areas, weigh stations, welcome centers, maintenance facilities within previously disturbed soils. Non-construction activities, such as preliminary engineering, training, technical studies, noninvasive inspections, and educational programs. Installation, repair, or replacement of highway right-of-way fencing in previously disturbed soils. Bridge work, including replacement, rehabilitation, reconstruction, maintenance and repair of bridges not listed in or eligible for listing in the National Register, or bridges less than 45 or 50 years where work is limited to the existing right-of-way and/or to previously disturbed soils. Acquisition of land, acquisition of easements, renewal of leases, transfer of federal lands to another federal agency, disposal of excess right-of-way previously purchased with federal funds. Page 1 of 1 Rank 1 2 3 4 5 6 7 8 8 8 9 10 10 10 Table 11. Most Common State DOT Screened Actions by Rank Actions Replacement, reconstruction, rehabilitation, relocation, and structural alterations to nonNational Register eligible bridges and/or bridges that do not meet a established age threshold (e.g., less than 50 year old). Construction, rehabilitation, and widening of existing bicycle and pedestrian trails, walkways and amenities. Installation of or repairs to guardrails, median barriers, safety barriers, guideposts, glare screens, etc. Repair, rehabilitation, and replacement of minor drainage features within the highway right of way, including culverts, pipes, intake/outtake features, drainage ditches and rundowns. Installation, repairs, replacement, and maintenance of highway signs including directional, safety and operational signs, mile marker signs, right-of-way markers, etc. Installation, removal, replacement, reconstruction, or alterations to railroad crossings including surfaces, gates, signals, warning signs, flashing lights, etc. Installation, replacement, maintenance or removal of landscaping, vegetation, mowing, burning, cutting and spraying of noxious weeds within and adjacent to the right-of-way. Restore, rehabilitate, and/or resurface existing pavement, including sealcoats, chipseal, milling, grooving, patching, etc., within the existing roadway prism. Widening of existing roads where additions are limited to a specified lane width (e.g., less than one half lane) or distance from the existing right-of-way (e.g., less than 20 feet). Includes minor changes in road alignment. Installation, replacement, upgrade to, or addition of lighting to roads, highways and intersections. Installation, repair, or replacement of traffic signalization and control systems. Bridge work, including bridge removal, structural repairs, replacement of expansion joints, deck rehabilitation, utility projects, etc., (National Register eligibility status or age not specified). Installation, replacement, or repair of curb, gutter; sidewalk improvements. Installation, removal, replacement of roadway markings such as painted stripes, raised pavement markers, rumble strips, sensors, traffic impact attenuators, etc. Construction or improvements to existing rest areas, chain control, park and ride lots, weigh stations, rest areas, etc., where no new right-of-way is acquired. Routine roadway and roadside maintenance and repair activities within existing interchanges, medians, and adjacent frontage roads in previously disturbed areas. Erosion control measures including slide and slope corrections, placement of rip rap, scour control measures, and emergency erosion control measures. Installation of noise barriers or retaining walls and other noise reduction measures. Page 1 of 1 Rank 1 2 3 3 4 5 6 7 7 8 8 8 8 9 9 10 10 10 Table 12. Non-FHWA and Non-Transportation Agency Unscreened Actions by Overarching Category (Counts of Actions Listed in Each PA) General Road Maintenance and Repairs Army Corps and Virginia SHPO 2012 Bureau of Land Management and Alaska SHPO 1998 Bureau of Land Management and New Mexico SHPO no date Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Ocean Energy Management and ACHP 2013 Department of Energy and SHPOs 2010 FEMA and Louisiana SHPO 2009 Federal Railroad Administration and New York DOT and SHPO 2014 Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 US Fish and Wildlife Service and North Dakota DOT 2011 Total Unscreened Actions Bridges Utilities Culverts, Railroads Ditches, and Canals Miscellaneous Total 2 2 1 2 1 6 9 1 2 1 1 55 1 3 1 1 81 1 3 1 11 2 1 3 1 1 5 6 1 5 7 1 1 2 4 6 1 15 16 1 2 3 32 47 1 5 118 187 2 1 2 1 25 4 Page 1 of 1 9 3 1 20 6 14 Table 13. Non-FHWA and Non-Transportation Screened Actions, by Category (Counts of Actions Listed in Each PA) SCREENED ACTIONS GENERAL ROAD MAINTENANCE & REPAIRS UTILITIES Bureau of Land Bureau of Land Bureau of Land Bureau of Land Bureau of Land National Park US Department of Bureau of Land Management and Management Management and Management and Management and Service, ACHP Agriculture and Management and California and Wyoming SHPO and Idaho SHPO Nevada SHPO Oregon SHPO and SHPOs California and Utah SHPO 2011 Nevada SHPOs 2006 1998 2009 1998 2008 Nevada SHPOs 2012 2007 2 5 4 2 2 1 1 4 21 5 40 2 4 1 14 CULVERTS MISCELLANEOUS TOTAL 2 2 9 15 4 11 1 3 1 1 of 1 4 5 Total 2 8 16 43 5 11 41 97 FIGURES Figure 1. Number of Unscreened Actions Listed in PAs and Other Documents (From High to Low) 30 25 20 15 10 5 0 Figure 2. Number of Screened Actions Listed in PAs and Other Documents (From High to Low) 60 50 40 30 20 10 0 Figure 3. Percent of Unscreened Actions by Category (High to Low) 45 40 35 30 25 20 15 10 5 0 Figure 4. Percent of Screened Actions by Category (High to Low) 35 30 25 20 15 10 5 0 Figure 5. Percent of Unscreened vs. Screened Actions by Category (High to Low) 45 40 35 30 25 20 15 10 5 0 Unscreened Screened Figure 6. Percent of PAs and Other Documents with Unscreened Actions, by Category (High to Low) 120 100 80 60 40 20 0 Figure 7. Percent of PAs and Other Documents with Screened Actions, by Category (High to Low). 120 100 80 60 40 20 0 Figure 8. Percent of PAs and Other Documents with Unscreened and Screened Activities, Compared by Category 120 100 80 60 40 20 Unscreened Screened 0 Figure 9. Counts of Unscreened and Screened Actions Listed in All PAs and Other Documents, Sorted by Unscreened Actions 60 50 40 30 20 Unscreened Screened 10 0 Figure 10. Counts of Unscreened and Screened Actions Listed in All PAs and Other Documents, Sorted by Screened Actions 60 50 40 30 20 Unscreened Screened 10 0 Figure 11. Section 106 Decisions and Findings Delegated to State DOTs, by Percent of PAs and Other Documents 90 80 70 60 50 40 30 20 10 0 Determine Area of Determine level of Make NRHP No historic Potential Effects effect, conduct determinations properties present (APE) Inventory No historic properties affected No adverse effect No adverse effect with conditions Adverse effect Figure 12. Number of Section 106 Decisions and Findings Delegated to State DOTs (by PA and Other Documents) 8 7 6 N U M B E R 6 5 5 5 5 5 5 5 5 4 4 3 3 2 2 1 1 APPENDICES Appendix 1. State DOT Unscreened Actions (Counts of Unscreened Actions Listed in Each PA and Other Documents) Colorado Connecticut Statewide PA Minor 2014 Projects PA 2012 ROADWAYS General Maintenance and Repairs Routine maintenance and repair work within previously disturbed rights-of-way including filling ruts and potholes, crack sealing, drainage maintenance, etc. Pavement Resurfacing, Restoration, and Replacement Pavement resurfacing, restoration, rehabilitation, reconstruction, overlay, sealing, filling, milling, grinding, grooving, etc. within previously disturbed right-of-way Delaware District of Statewide PA Columbia 2012 Citywide PA 2008 1 1 2 1 1 4 1 1 Florida Funding Agreement 2003 1 Georgia Minor Projects MOU 2014 2 Illinois Minor Projects PA 2010 Indiana Minor Projects PA 2006 3 3 1 1 Kentucky Statewide PA 2011 Maryland Minor Projects PA 2008 1 Massachusetts Minor Projects PA 2004 Michigan Letter Agreement 2005 Missouri Minor Projects PA 2009 Nebraska Letter Agreement 2010 New Mexico Statewide PA 2010 North Ohio Pennsylvania Carolina Statewide PA Statewide PA Minor 2010 2011 Projects PA 2007 1 2 3 1 1 1 3 1 1 2 1 1 2 1 1 Texas Statewide PA 2005 2 5 1 1 2 1 1 1 Vermont Statewide PA 2000 Total 31 1 25 Lane Additions and Widening Addition of lanes, turning lanes, and road widening within the existing right-of-way, roadbed or disturbed median that is limited to a defined width e.g., less than one full travel lane; less than twice the width of the existing paved roadway Shoulders Adding shoulders; paving, repaving, and flattening paved shoulders 1 3 1 Intersection Improvements Intersection improvements and ramp rehabilitation without additional right-of-way and in previously disturbed areas Roadway Safety Installation, repair, or replacement of safety appurtenances including glare screens, median barriers, safety barriers, and safety cables in the highway median. Installation, repair, or replacement of highway rightof-way fencing in previously disturbed soils 1 1 1 1 1 Installation or replacement of guardrails and median barriers outside of NRHP listed or eligible properties Installation, removal or replacement of pavement markers, rumble strips, roadway striping, traffics sensors, etc. Removal of objects on the roadways, hazardous waste, traffic accident cleanup, and fire control 1 Subtotal 10 EROSION CONTROL Placement of rip rap to prevent erosion affecting bridges and waterways in previously disturbed soils or where no ground disturbance is required 1 1 1 2 1 1 1 6 8 1 1 1 1 1 1 1 1 4 2 5 4 1 1 1 1 8 7 1 1 1 2 2 1 1 1 1 1 1 2 1 1 1 1 1 2 2 1 1 1 2 1 11 2 16 1 16 1 4 6 12 5 5 4 4 10 6 3 7 11 1 1 5 7 1 Erosion control through slide and slope corrections within previously disturbed soils Subtotal 6 1 1 1 1 1 1 1 1 1 1 2 1 4 126 2 5 1 7 LANDSCAPING In-kind replacement of existing landscaping, removal of trees and vegetation, landscaping on fill slope and back slope within the existing right-of-way and not within or adjacent to NRHP eligible properties 1 2 1 1 of 3 7 Appendix 1. State DOT Unscreened Actions (Counts of Unscreened Actions Listed in Each PA and Other Documents) Colorado Connecticut Statewide PA Minor 2014 Projects PA 2012 Delaware District of Statewide PA Columbia 2012 Citywide PA 2008 Florida Funding Agreement 2003 Georgia Minor Projects MOU 2014 Illinois Minor Projects PA 2010 Indiana Minor Projects PA 2006 Mowing, seeding/reseeding, planting and other ground cover maintenance activities, brush removal, herbicidal spraying within the existing right-of-way Subtotal SIGNAGE, LIGHTING, AND SIGNALIZATION Installation, maintenance, repair, replacement of lighting, signals, and other traffic control systems within the existing right-of-way or in previously disturbed soils Installation, maintenance, repair, or replacement of highway signs, advisory signs, warning signs, interpretative signs, etc. , within the existing right-ofway 1 2 2 2 2 1 2 2 1 2 2 1 Kentucky Statewide PA 2011 Maryland Minor Projects PA 2008 2 1 2 2 1 1 Massachusetts Minor Projects PA 2004 Michigan Letter Agreement 2005 Missouri Minor Projects PA 2009 Nebraska Letter Agreement 2010 New Mexico Statewide PA 2010 North Ohio Pennsylvania Carolina Statewide PA Statewide PA Minor 2010 2011 Projects PA 2007 BRIDGES Bridge work, including replacement, rehabilitation, reconstruction, maintenance and repair of bridges not listed in or eligible for listing in the NRHP or bridges less than 45 or 50 years where work is limited to the existing right-of-way and/or to previously disturbed soils. 4 2 1 2 1 Routine bridge and structure maintenance and repair actions, including and limited to: cleaning of the bridge; in-kind painting of bridge; in-kind replacement of bridge decking and expansion joints and compression seals; deck overlay with the same or similar materials, etc. (No age limit, no mention of NRHP status) UTILITIES Installation, repair, relocation, in-kind replacement of existing underground utilities and utility poles within the exiting footprint or roadway CULVERTS, DITCHES, AND DRAINAGE SYSTEMS Repair, replacement, maintenance of non-NRHP eligible culverts and other drainage structures, stormwater facilities, and sewers in previously disturbed soils within the existing right-of-way 4 1 1 1 1 1 1 2 7 2 1 2 2 14 2 2 2 1 2 2 2 1 2 1 1 1 1 1 4 2 3 49 1 1 10 1 5 1 3 1 1 3 1 1 1 1 2 4 1 3 3 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 Stream stabilization and restoration activities, (including removal of debris or sediment obstructing the natural waterway). 1 1 1 1 1 1 1 1 1 2 2 RAILROADS Rehabilitation, reconstruction, or refurbishing of existing at-grade railroad crossing including installation of railroad crossing signs, signals, gates, and other safety upgrades in previously disturbed areas 1 1 1 2 1 1 1 1 1 1 2 of 3 2 1 1 1 1 2 1 22 2 2 2 17 2 9 1 12 1 All work on ditches and channels including reestablishment of existing ditches to original width in previously disturbed soils Subtotal 3 1 1 1 25 1 1 1 Total 1 4 1 Bridge structural maintenance, stabilization, and rehabilitation work (no further elaboration) Subtotal 4 Vermont Statewide PA 2000 1 Installation or replacement of Intelligent Transportation System (ITS) cameras and devices, and electronic advisory signs Subtotal Texas Statewide PA 2005 3 1 1 2 1 3 2 17 1 1 1 12 Appendix 1. State DOT Unscreened Actions (Counts of Unscreened Actions Listed in Each PA and Other Documents) Colorado Connecticut Statewide PA Minor 2014 Projects PA 2012 Delaware District of Statewide PA Columbia 2012 Citywide PA 2008 Florida Funding Agreement 2003 Georgia Minor Projects MOU 2014 Illinois Minor Projects PA 2010 Indiana Minor Projects PA 2006 MISCELLANEOUS Land acquisition and disposal Acquisition of land, acquisition of easements, renewal of leases, transfer of federal lands to another federal agency, disposal of excess right-ofway previously purchased with federal funds Kentucky Statewide PA 2011 Maryland Minor Projects PA 2008 1 1 1 2 1 1 1 North Ohio Pennsylvania Carolina Statewide PA Statewide PA Minor 2010 2011 Projects PA 2007 1 1 2 1 1 1 Texas Statewide PA 2005 1 1 1 1 1 1 1 1 1 1 3 1 1 1 3 Vermont Statewide PA 2000 Total 3 2 11 1 1 1 1 2 1 1 9 2 1 2 2 18 1 4 1 Non-Construction related Activities Non-construction activities, such as preliminary engineering, training, technical studies, non-invasive inspections, and educational programs TOTAL New Mexico Statewide PA 2010 1 2 DOT Owned properties Maintenance and minor improvements to existing rest areas, park and ride areas, weigh stations, welcome centers, maintenance facilities within previously disturbed soils Subtotal Nebraska Letter Agreement 2010 3 Projects involving construction of bicycle and pedestrian lanes, paths, and facilities; and multi-use paths and facilities, outside of NRHP listed or eligible bridges, districts or properties Purchase of materials and equipment including vehicles Missouri Minor Projects PA 2009 1 Curb, gutter, and sidewalk Construction of curbs, gutters, and sidewalks including curb cuts and ramps made under ADA Bicycle, Recreational, Pedestrian Trails Improvements to existing bicycle lanes and pedestrian trails including adding lanes and walkways; installation of shelters, bike racks and other facilities Michigan Letter Agreement 2005 2 Noise Barriers Installation and maintenance of noise barriers within existing roadway right-of-way In-kind replacement or repair of existing curb, gutters, and sidewalks with or without the addition of benches, lights, and other street furniture Massachusetts Minor Projects PA 2004 4 1 1 1 2 1 1 12 2 4 1 3 1 1 1 13 4 1 2 2 1 1 1 1 4 3 6 4 3 7 3 5 13 7 5 5 78 18 9 14 12 8 15 16 13 12 17 28 12 13 16 15 22 24 21 25 19 329 3 of 3 Appendix 2. State DOT Screened Actions (Counts of Screened Actions Listed in Each PA or Other Documents) California Statewide PA 2013 ROADWAYS General Maintenance and Repairs Routine roadway and roadside maintenance and repair activities within existing interchanges, medians, and adjacent frontage roads in previously disturbed areas 1 Pavement Resurfacing, Restoration, and Replacement Restore, rehabilitate, and/or resurface existing pavement including sealcoats, chipseal, milling, grooving, patching, etc., within the existing roadway prism Pavement reconstruction, resurfacing, placement of sealcoats and chipseals, and/or crack filling that extends beyond the existing roadway prism Colorado Statewide PA 2014 Connecticut Minor Projects PA 2012 1 Delaware Statewide PA 2012 1 Idaho Minor Illinois Minor Indiana Projects PA Projects PA Minor 2006 2010 Projects PA 2006 1 1 1 Florida Funding Agreement 2003 1 3 Maryland Minor Projects PA 2008 Missouri Ohio Statewide Oregon Minor PA 2011 Statewide PA Projects PA 2011 2009 2 1 1 3 3 2 1 10 1 14 4 1 1 2 1 1 1 1 1 1 1 1 2 3 1 1 1 1 1 1 Placement of fill material on the side slopes of intersection crossroads and access for purposes of flattening these slopes to meet safety criteria 1 1 1 1 Emergency repairs to maintain integrity of bridges and roadways Installation, repair, or replacement of fencing including highway fencing, wildlife fencing, vandal fencing etc. 1 1 1 1 9 1 1 7 1 1 1 1 7 1 1 4 1 1 5 1 1 5 1 1 1 2 1 1 1 1 1 3 1 1 1 1 1 of 4 3 1 1 1 1 2 1 1 1 1 1 4 14 1 Correcting substandard roadway geometrics and intersections in previously disturbed areas Installation of or repairs to guardrails, median barriers, safety barriers, guideposts, glare screens, etc. 2 Total 1 1 1 Shoulders Adding new shoulders, paving or widening existing shoulders Storm damage repairs and debris cleanup and removal 2 1 Addition of lanes within the existing right-of-way where no cultural resources or NRHP eligible sites or districts are present. Roadway Safety Removal of hazardous waste, traffic accident cleanup, objects on the roadway Rhode South Carolina Texas Washington Island Statewide PA Statewide PA Statewide PA Minor 2011 2005 2012 Projects PA 2001 1 Roadway rehabilitation and reconstruction which may include construction of turning lanes, parking lots, auxiliary lanes and shoulder widening within a previously disturbed area Intersection/Interchange Improvements Intersection improvements including construction of turn and auxiliary lanes, minor realignment of on/off ramps, channelization, signage, pavement markings, etc. Pennsylvania Puerto Rico Statewide PA 2010 Statewide PA (Appendix C 2012 update) 1 2 Resurfacing, restoration, and rehabilitation, including minor roadway widening, milled rumble strips, patching, intersection modifications Lane Additions and Widening Widening of existing roads where additions are limited to a specified lane width (e.g., less than one half lane) or distance from the existing right-of-way (e.g., less than 20 feet). Includes minor changes in road alignment. Iowa Maine Statewide PA Statewide PA 2012 2004 1 1 1 1 1 1 1 1 2 1 1 11 2 17 Appendix 2. State DOT Screened Actions (Counts of Screened Actions Listed in Each PA or Other Documents) California Statewide PA 2013 Installation, removal, replacement of roadway markings such as painted stripes, raised pavement markers, rumble strips, sensors, traffic impact attenuators, etc. 2 Colorado Statewide PA 2014 1 Connecticut Minor Projects PA 2012 Delaware Statewide PA 2012 1 1 Subtotal Maryland Minor Projects PA 2008 Missouri Ohio Statewide Oregon Minor PA 2011 Statewide PA Projects PA 2011 2009 Pennsylvania Puerto Rico Statewide PA 2010 Statewide PA (Appendix C 2012 update) 1 2 Rhode South Carolina Texas Washington Island Statewide PA Statewide PA Statewide PA Minor 2011 2005 2012 Projects PA 2001 1 2 1 12 17 7 1 2 1 1 1 1 1 1 1 1 1 2 4 3 2 1 1 2 1 Installation, replacement, upgrade to, or addition of lighting to roads, highways and intersections Installation, repair, or replacement of traffic signalization and control systems Iowa Maine Statewide PA Statewide PA 2012 2004 1 Construction in areas of continuous slides, borrowing of rock, removal of rock and vegetation on slopes within the exiting rights-of-way, installation of rock fall containment systems Installation, repairs, replacement, and maintenance of highway signs including directional, safety and operational signs, mile marker signs, right-of-way markers, etc. Idaho Minor Illinois Minor Indiana Projects PA Projects PA Minor 2006 2010 Projects PA 2006 1 Clear zone safety improvements including removal of rock fall and fixed objects Subtotal SIGNAGE, LIGHTING AND SIGNALIZATION Florida Funding Agreement 2003 6 11 6 2 4 1 3 7 1 2 1 2 1 1 1 1 2 3 4 3 3 Total 1 12 1 2 2 4 14 136 1 16 6 2 9 12 6 1 2 1 1 1 1 1 1 1 1 1 1 1 12 1 1 1 1 1 12 2 3 4 3 40 2 2 3 2 1 1 2 ROADWAY MONITORING AND SURVEILLANCE Installation of highway monitoring systems including cameras, radio systems, metering equipment, traffic loop detectors, Intelligent Transportation Systems (ITS) EROSION CONTROL Erosion control measures including slide and slope corrections, placement of rip rap, scour control measures, and emergency erosion control measures LANDSCAPING Installation, replacement, maintenance or removal of landscaping, vegetation, mowing, burning, cutting and spraying of noxious weeds within and adjacent to the right-of-way. CULVERT, DITCHES, AND DRAINAGE SYSTEMS Repair, rehabilitation, and replacement of minor drainage features within the highway right of way, including culverts, headwalls, pipes, and intake/outtake features, drainage ditches and rundowns. 1 2 Installation, repair, rehabilitation, and replacement of minor drainage structures that are specifically limited by age (e.g., less than 50 years), size (e.g., less than 15 feet) or NRHP status 1 1 1 1 1 2 1 1 1 1 1 1 1 1 2 1 1 1 1 2 2 1 2 1 2 2 1 1 1 Improving existing drainage systems elements; reestablishment of existing ditches to original width; stream stabilization and restoration Subtotal 1 3 1 1 1 1 2 2 of 4 1 1 3 2 2 9 1 1 10 1 2 1 1 13 1 1 1 1 18 1 1 5 1 4 2 3 1 1 27 Appendix 2. State DOT Screened Actions (Counts of Screened Actions Listed in Each PA or Other Documents) California Statewide PA 2013 BRIDGES Replacement, reconstruction, rehabilitation, relocation, and structural alterations to non-NRHP eligible bridges and/or bridges that do not meet a established age threshold (e.g., less than 50 year old). Routine maintenance, stabilization, and repair work on NRHP listed or eligible bridges including in-kind replacement of original materials, concrete patching and sealing, scour protection, etc. Colorado Statewide PA 2014 1 2 1 1 Bridge work, including bridge removal, structural repairs, replacement of expansion joints, deck rehabilitation, utility projects, etc., (NRHP eligibility status or age not specified) RAILROADS Installation, removal, replacement, reconstruction, or alterations to railroad crossings including surfaces, gates, signals, warning signs, flashing lights, etc. 1 Delaware Statewide PA 2012 1 2 All bridge/culvert related work with exceptions for bridges/culverts of a specified age or length (e.g., less than 20 feet) Subtotal UTILITIES Installation, relocation, replacement, or repair of utilities including conduits, fiber optic cables, pipelines, etc. Connecticut Minor Projects PA 2012 1 1 1 1 1 2 2 Maryland Minor Projects PA 2008 2 Missouri Ohio Statewide Oregon Minor PA 2011 Statewide PA Projects PA 2011 2009 2 1 2 1 1 1 Pennsylvania Puerto Rico Statewide PA 2010 Statewide PA (Appendix C 2012 update) 1 Rhode South Carolina Texas Washington Island Statewide PA Statewide PA Statewide PA Minor 2011 2005 2012 Projects PA 2001 2 2 5 3 1 1 1 1 4 1 1 1 3 1 1 1 4 1 2 2 2 2 1 23 6 1 1 1 4 4 1 1 6 2 2 2 4 1 1 3 3 1 1 3 1 1 2 1 1 17 1 20 1 3 1 2 1 3 2 1 1 43 3 1 1 Land Acquisition and Disposal Disposal or transfer of excess properties that do not contain cultural resources, NRHP listed or eligible properties, or structures that are 50 years old or older 4 1 1 Non-construction related activities such as planning and technical studies, grants, research, and the promulgation of rules, regulations, and directives 12 7 1 1 Construction of wetland mitigation areas in previously disturbed soils, wetlands testing and delineation, wetlands enhancement activities 1 1 2 1 Total 2 Development of construction staging and temporary use areas for stockpiling equipment, gravels, and waste materials that are outside of NRHP listed or eligible properties in previously disturbed areas Right-of-way activities such as hardship acquisition or acquisition of scenic or conservation easements 1 Iowa Maine Statewide PA Statewide PA 2012 2004 2 MISCELLANEOUS General Work within existing permitted material source pits, quarries, or borrow sources; construction of projects on and within dredge spoil sites, former strip mines, or borrow sources that have been previously inventoried and where no cultural resources were identified Construction or repair of fish screens or ladders, springs, waterholes, or stream channels Idaho Minor Illinois Minor Indiana Projects PA Projects PA Minor 2006 2010 Projects PA 2006 2 Maintenance, repair and replacement of railroad tracks, rail beds, ties, circuitry Subtotal Florida Funding Agreement 2003 2 1 1 1 3 2 1 6 1 3 of 4 3 Appendix 2. State DOT Screened Actions (Counts of Screened Actions Listed in Each PA or Other Documents) California Statewide PA 2013 Colorado Statewide PA 2014 Connecticut Minor Projects PA 2012 Testing and Drilling Engineering tests, including seismic, geologic, hazardous materials testing, drill samples, ground boring, etc. in and outside highway right-of-way. 1 2 Noise Barriers Installation of noise barriers or retaining walls and other noise reduction measures 1 1 1 1 1 1 2 1 DOT Owned Properties Construction or improvements to existing rest areas, chain control, park and ride lots, weigh stations, rest areas, etc., where no new right-ofway is acquired. Restoration, rehabilitation, reconstruction of nonhistoric buildings. Delaware Statewide PA 2012 1 Streetscapes Streetscape improvements including installation or removal of benches, boulders, garbage receptacles, signage, lighting, landscaping, and pavers Idaho Minor Illinois Minor Indiana Projects PA Projects PA Minor 2006 2010 Projects PA 2006 Iowa Maine Statewide PA Statewide PA 2012 2004 Maryland Minor Projects PA 2008 Missouri Ohio Statewide Oregon Minor PA 2011 Statewide PA Projects PA 2011 2009 Pennsylvania Puerto Rico Statewide PA 2010 Statewide PA (Appendix C 2012 update) Rhode South Carolina Texas Washington Island Statewide PA Statewide PA Statewide PA Minor 2011 2005 2012 Projects PA 2001 1 1 1 1 1 1 3 1 1 1 1 1 10 1 1 5 1 1 2 1 1 2 1 1 1 1 1 1 1 1 1 5 10 1 1 Total 1 1 1 1 1 1 Construction of bus transfer structures, visitors centers, museums. Rehabilitation of historic buildings, structures, or facilities Curb, gutter, and sidewalk Installation, replacement, or repair of curb, gutter; sidewalk improvements. Florida Funding Agreement 2003 1 1 1 1 1 1 12 1 5 1 6 Americans with Disabilities Act (ADA) Compliance Installation of and improvements to ADA-compliant features Bicycle, Recreational, Pedestrian Trails Construction, rehabilitation, and widening of existing bicycle and pedestrian trails, walkways and amenities 1 Transit and Port facilities Modernization of transit facilities within existing property boundaries including roadway resurfacing, installation of bus shelters, pullouts, park and ride facilities, bike racks, benches, etc. 1 1 1 1 2 1 1 1 1 1 1 1 Modernization of a port facility within existing property boundaries involving roadway resurfacing, equipment restoration, facility replacement, rehabilitation, and reconstruction 1 1 1 2 1 1 1 20 1 3 1 2 Subtotal 9 13 6 4 13 6 1 1 3 3 8 2 7 4 3 1 12 1 1 6 104 TOTAL 31 48 27 16 38 19 5 10 14 19 23 13 15 23 8 16 39 11 4 30 409 4 of 4 Appendix 3. State DOT Unscreened Actions by Overarching Action Category EXEMPTED ACTIONS COUNTS OF UNSCREENED ACTIONS LISTED IN EACH PA AND OTHER DOCUMENTS, PER CATEGORY Colorado Statewide PA 2014 Connecticut Minor Projects PA 2012 Delaware Statewide PA 2012 District of Columbia Citywide PA 2008 Florida Funding Agreement 2003 Georgia Minor Projects MOU 2014 Illinois Minor Projects PA 2010 Indiana Minor Projects PA 2006 Kentucky Statewide PA 2011 Maryland Minor Projects PA 2008 Massachusetts Minor Projects PA 2004 Michigan Letter Agreement 2005 Missouri Minor Projects PA 2009 Nebraska Letter Agreement 2010 New Mexico Statewide PA 2010 North Carolina Minor Projects PA 2007 Ohio Statewide PA 2011 Pennsylvania Statewide PA 2010 Texas Statewide PA 2005 Vermont Statewide PA 2000 Total ROADWAYS 10 6 8 4 2 5 8 7 4 6 12 5 4 4 10 6 3 7 11 4 126 EROSION CONTROL 1 LANDSCAPING 1 2 1 1 1 2 2 2 1 1 2 2 1 1 7 14 SIGNAGE, LIGHTING, AND SIGNALIZATION 4 2 2 4 4 1 1 1 4 3 1 2 4 1 3 3 4 2 3 49 BRIDGES UTILITIES 1 1 1 1 1 1 1 1 CULVERTS, DITCHES, AND DRAINAGE SYSTEMS RAILROADS 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 2 2 17 1 of 1 1 1 1 1 1 2 1 1 2 9 1 1 1 3 2 17 1 1 2 1 1 1 12 MISCELLANEOUS 4 1 2 2 1 1 1 1 4 3 6 4 3 7 3 5 13 7 5 5 78 TOTAL 18 9 14 12 8 15 16 13 12 17 28 12 13 16 15 22 24 21 25 19 329 Appendix 4. State DOT Screened Actions by Overarching Action Category Screened Actions COUNTS OF SCREENED ACTIONS LISTED IN EACH PA AND OTHER DOCUMENTS, PER CATEGORY California Statewide PA 2013 Colorado Statewide PA 2014 Connecticut Minor Projects PA 2012 Delaware Statewide PA 2012 Florida Funding Agreement 2003 Idaho Minor Projects PA 2006 Illinois Minor Projects PA 2010 Indiana Minor Projects PA 2006 Iowa Statewide PA 2012 Maine Statewide PA 2004 Maryland Minor Projects PA 2008 Missouri Minor Projects PA 2009 Ohio Statewide PA 2011 Oregon Statewide PA 2011 Pennsylvania Statewide PA 2010 Puerto Rico Statewide PA 2012 Rhode Island Minor Projects PA 2001 South Carolina Statewide PA 2011 Texas Statewide PA 2005 Washington Statewide PA 2012 Total SIGNAGE, LIGHTING AND ROADWAYS SIGNALIZATION 12 2 17 4 7 3 2 6 11 1 6 2 2 4 1 3 2 7 3 4 2 3 3 3 6 4 2 2 9 2 12 3 6 1 2 14 3 136 40 ROADWAY MONITORING AND SURVEILLANCE 1 2 1 EROSION CONTROL 1 1 1 1 1 1 1 1 1 1 9 1 1 1 1 1 2 3 2 2 2 2 1 3 1 1 1 1 2 1 1 2 1 LANDSCAPING 1 CULVERT, DITCHES, AND DRAINAGE SYSTEMS 2 2 3 1 1 10 1 13 1 of 1 1 27 BRIDGES 2 5 3 1 3 1 2 2 2 2 2 2 2 4 1 1 3 1 4 43 UTILITIES 1 1 1 1 1 RAILROADS 1 4 1 1 6 1 1 1 1 1 3 1 7 20 MISCELLANEOUS 9 13 6 4 13 6 1 1 3 3 8 2 7 4 3 1 12 1 1 6 104 TOTAL 31 48 27 16 38 19 5 10 14 19 23 13 15 23 8 16 39 11 4 30 409 Appendix 5. Delegation of Section 106 Decisions and Findings to State DOTs California Statewide PA 2013 Colorado Statewide PA 2010 Delaware Statewide PA 2013 Iowa Statewide PA 2012 Kentucky Statewide PA 2011 Maryland Minor Projects PA 2008 Massachusetts Minor Projects PA 2004 Minnesota Statewide PA 2005 Missouri Minor Projects PA 2009 Nebraska Letter Agreement 2010 New Mexico Statewide PA 2010 North Carolina Minor Projects PA 2007 Ohio Statewide PA 2011 Oregon Statewide PA 2011 Pennsylvania Statewide PA 2010 Rhode Island Minor Projects PA 2001 South Carolina Statewide PA 2011 Texas Statewide PA 2005 Vermont Statewide PA 2000 Washington Statewide PA 2012 Total Count Determine Area of Potential Effects (APE) X X X X X X X X X Section 106 Decision or Finding Determination Determine level that no of effort for historic No historic No adverse conducting properties effect Evaluate National properties are present inventory Register eligibility affected finding finding X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 17 X 17 X X X X 13 X X Resolving adverse effect X X X X X X X X X X X X X X X X X X X X X X 16 15 1 of 1 No adverse effect finding with conditions X X X X X X X X 5 3 1 Total Count 5 1 5 6 4 3 5 4 3 1 5 5 7 2 5 5 5 6 8 2 87 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 ROADWAYS Road maintenance, repairs, or replacement Roadway. Repair or replace the roadway surface or roadbed. Roadway. Reestablish the original footprint (cross section and profile). Road maintenance requiring no new surface disturbance and which is unlikely to impact known or undocumented sites Routine road or trail maintenance in previously inventoried areas Repair of roads to pre-disaster geometric design standards and conditions using in-kind materials, number and width of lanes, shoulders, medians, curvature, grades, clearances, and side slopes. Repair of road composition finish course with materials to maintain pre-disaster size, traffic capacity, and load classifications of motor vehicles, including the reshaping and compacting of roadbed soil and the repair of asphalt or concrete pavements. Repair or replacement of traffic control devices such as traffic signs and signals, delineators, pavement markings, traffic surveillance systems. In-kind repair of road lightjng systems, including period lighting fixture styles. In-kind repair of road appurtenances such as curbs, berms, fences, and sidewalks that are not brick or stone. Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 1 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals 1 1 1 1 1 1 1 In-kind repair of roadway safety elements such as barriers, guardrails, and impact-attenuation devices. Repairs to road slips and landslides that do not require grading of undisturbed soils on the up hill side of the slip and that do not require work or staging areas in sites of properties where buildings or structures are more than 45 years old. Rebuilding or re-establishing an eroded or slumped roadbed on the downhill side of the road using such methods as lag and piling walls, gabions, rock fill, etc. Re-establishing and/or armoring of existing ditches Repair or replacement of fencing Repair or in-kind replacement of fencing. Signage, ligthing, and signalization - maintenance, repair, or replacement Removal or replacement of signal snd signal foundations that are not individually listed in the NRHP , have not been previously determined eligible for listing in the NRHP, or have not been determined to be a contributing resource to a NRHP lited or eligible historic district , & where the removal or replacement is required to provide safe, & where removal or replacement is required to provide safe, reliable rail infrastructure. Placement of recreational, special designation, or informational signs unless within known sites Installation or repair of routine signs, markers, or cattle guards on or adjacent to existing roads if within existing disturbed grounds Routine maintenance of exterior building lighting, including building illumination Installation of routine signs, markers or cattleguards on shoulders of existing roads. Installations of signposts and monuments, when no new ground disturbance is involved Repair or in kind replacement of signs and/or awnings. Installation of temporary signage, as long as it does not adversely affect character defining features. Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of 12 1 1 3 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 2 1 1 2 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals Maintenance, repair or replacement of traffic control systems or devices utilizing existing infrastructure, including cameras, traffic signals, hazard identification beacons, etc. Installation or replacement of Intelligent Transportation System (ITS) cameras and devices, and electronic advisory signs Maintenance, repair or replacement of highway signs, at their existing locations Replacement of outdated highway signs that do not meet current reflectivity standards Signs, signal installation, or modification and surface improvements to existing railway/transit crossings New signage (roadway signs, advance warning signs, changeable message signs [CMS]), rumble strips, chevrons, stop bars and other pavement markings (raised, reflective, or otherwise) Installation of traffic signs, interpretive signs, traffic signals, traffic signal interconnect systems, or overhead lighting on existing roads Installation or upgrade of regulatory signs, and railroad warning signs and devices; or upgrade of advisory signs Installation of lighting or signals at intersections Repair, replacement, or upgrade of existing lighting, signals, signage, and other traffic control devices in previously disturbed soils. Installation of new lighting, fencing, retaining walls, traffic signals, advisory signs, barriers and/or noise walls In-kind replacement of existing lighting within interstate right-of-way or at underpasses Upgrade of existing tower lighting to new technologies Restoration, replacement, upgrading, or addition of highway lighting systems (includes under-deck, conventional, high mast and offset lighting systems) on controlled access highways Sub-base improvement limited to the depth of the existing sub-base, for drainage purposes Subtotal 1 3 1 11 2 of 12 1 2 25 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 BRIDGES Bridges. In-kind repairs of bridge abutments where no excavation or new construction is proposed. Bridges. In kind repairs of abutments, wing walls, piers, decks, and fenders, where no new construction is proposed. Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 1 1 All work to be done on bridges less than 50 years of age and not listed or determined to be eligible for inclusion in the National Register of Historic Places. All work, up to and including replacement of bridge structures with less than a 20-foot span length, excluding stone slab culverts and stone arch and brick arch structures Bridge work, in general, where the project takes place in previously disturbed soils; AND The work is limited to bridge substructure or superstructure elements without replacing, widening, or elevating the superstructure; AND EITHER The bridge is less than 45 years old; OR The bridge is over 45 years old and the bridge was determined not NRHP eligible OR The bridge is over 45 years old, is part of the Interstate system, and was determined not NRHP eligible Minor bridge rehabilitation, bridge rails, or substructure alterations where the work is confined to the bridge itself, the bridge is no older than 45 years at the date of project review, and the bridge has been determined ineligible for the National Register of Historic Places Bridge deck resurfacing, overlay, pavement repair, seal coating, pavement grinding, and pavement marking on NRHP eligible or listed bridges where work is limited to the roadway cross section, the existing surface is already concrete or aspahlt, the work does not impact structural members of the bridge. Bridge reconstruction and rehabilitation which does not include roadway widening or modification of existing piers and abutments, but which may include bridge repairs, deck replacement or repair, railing repair, painting and other maintenance work, excluding historic bridges or bridges more than 40 years old. Routine bridge and structure maintenance and repair actions, including and limited to: cleaning of the bridge; inkind painting of bridge; in-kind replacement of bridge decking and expansion joints and compression seals; deck overlay with the same or similar materials, etc. Bridge rehabilitation projects including minor widening or minor changes in alignment provided that all standing structures visible to and from the work limits are less than 50 years old, or all properties over 50 years old were previously determined not eligible For bridges that are not fifty years old, rehabilitation of existing pavement and/or application of new pavement on bridge decks, replacement of membranes, and replacement of expansion joints, and replacement/repair of railings where bridge is located outside a historic district Bridge painting, joint replacements and pin and hanger replacements on bridges less than fifty (50) years old Heat straightening anchor pipes and/or minor in-kind replacement of structural members as a result of collisions 3 of 12 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals 1 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals Installation of chain link safety (jump-inhibiting) fencing Bridge painting, bridge jacking, and bridge joint replacement Pile encasement Installation of “helper” support piles through the existing bridge deck Milling and/or hyrdro-demolition of bridge decks or full deck replacement Beam end and bearing repair of bridges less than 50 years old Installation of carbon fiber reinforcement or posttensioning design Repair/replace existing box girder drainage system, epoxy crack damage inside box girder, and repair undermined edge bents Replacement of beams (floor and edge) on bridges Repair/replace portions of approach slabs & bridge deck, damaged PE pipes, tower elevators, field splice bolts, joints and headers, voids, cheek & back walls, concrete bent caps, bridge/pot bearings, and slope paving Crack repair, spall and delaminated repair, post tension duct repair, repair/replace co-polymer overlay, etc. Replacement of existing bridge fender structures Placement of rip rap or fill over existing in-kind materials at bridge bents Bridge structural maintenance, stabilization, and rehabilitation work Interstate bridge or roadway projects where all work occurs within the previously disturbed areas of the roadway rightof-way Emergency structural repairs to maintain the structural integrity of a bridge, unless the bridge is listed on or determined eligible for listing on the National Register. Bridges. Repair of replacement of non-historic bridges wehre repair work, including the establishment and use of staging areas, does not exceed the existing road right of way. Temporary bridge supports. Construct temporary bridge supports or other structures that are necessary to conduct the repairs as necessary. Subtotal UTILITIES Upgrading or adding new overhead lines (electric or telephone) to existing poles from existing access when there is no change in pole configuration or upgrading of existing access Rights-of-way for overhead lines involving no pole or tower on NM BLM land Construction of overhead utility lines on or immediately parallel to roads or streets within the corporate limits of a community, or areas immediately contiguous to these limits, or, if unincorporated, the limits of the developed areas within the Applicant's service area if located outside of or adjacent to a historic district. 1 2 1 1 1 1 1 4 1 1 1 1 Construction of single-pole or double-pole overhead power lines on or immediately parallel to existing road or highway right-of-way where the line will: a. Be on or within five (5) feet of the edge of the existing right-of-way; b. Be in cultivated land, or in an open area where no tree clearing is needed; and, c. Include the installation of poles only by auguring in the standard Projects involving underground utilities installed by plow. Placement of transformers, utility pedestals, or water meters immediately adjacent to installed utility lines. 4 of 12 1 1 1 1 1 1 1 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Upgrading existing telecommunications towers where no height increases are proposed and where the same or substantially equivalent support structure will be utilized at the existing tower location. Repair or replacement of existing wires, anchors, crossarms, and other miscellaneous hardware on existing overhead lines, and of existing poles when conducted at or immediately adjacent to the old pole locations. Relocation of existing overhead lines or cables resulting from highway reconstruction or improvement projects, where the relocated lines or cables will be located within or immediately adjacent to the new highway easement. Repair or replacement of subsurface water, sewer, natural gas, electric or telecommunications lines within previously disturbed road right-of-ways or utility corridors. Modifications to existing water, sewer, natural gas distribution, electric or telecommunication facilities where no new above-ground structures are involved and the area where such modifications will occur has been substantially disturbed. Ground disturbing activities related to the repair, replacement, reinforcing or pouring of footings, foundations, retaining walls, and utilities (including sewer, water, drains, electric service or distribution, gas, communications, leaching systems, cesspools, and septic tanks). Repair, replacement, or hardening of utilities under existing previously disturbed rights of way, and for repair, replacement, or hardening of above ground improved roads or roadways, or within utilities where they are set in or immediately adjacent to their previous location. Utilities. Replacement or relocation of existing utility poles between the edge of sidewalk and the road. In rural settings, replcement of poles located along road shoulders In off-road alignments, replacement of power/utility poles within an established right of way that are either replaced in the same hole or replaced within 15 feet of existing poles. Relocation/realigµment of segments of power lines to existing roadways or other previously disturbed rights of way. Repair or replacement of damaged equipment, such as generators, switch boards, pumping equipment, etc. Collocation of communication equipment on existing telecommunication towers or buildings provided that the equipment is not located on National Register eligible or listed building or structure or located within the viewshed of a National Register eligible or listed districts. Installation of warning or communications systems and similar devices within previously disturbed soils that are not adjacent to or on National Register-eligible or listed building or structure or within the viewshed of a National Register eligible or listed district. In-kind repair or replacement of landscaping and utilities, such as paving, planters, trellises, irrigation, lighting, signs (e.g. street signs, traffic signs, and freestanding facility signage), retaining walls, ramps and steps. Subtotal 2 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9 5 of 12 Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 9 20 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 CULVERTS, DITCHES, & CANALS Substantial in kind repair,replacement,or upgrade of culverts systems within rivers, streams or drainage ways, including any moderate increase in capacity. This Allowance also appliesto related features of historic properties such as headwalls and wing walls that may be included in or eligible culvert systems within rivers,streams,or for inclusionin the Register,when the work is to be in kind. Sediment removal from man-made drainage facilities, including retention/detention basins, ponds, ditches, and canals, in order to restore the facility to its pre-disaster condition. Repair, replacement, or hardening of utilities under existing improved roads or roadways, or within previously disturbed rights of way, and for repair, replacement, or hardening of above ground utilities where they are set in or immediately adjacent to their previous location Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals 1 1 1 1 1 1 Repairs to historic stone masonry culverts that are not individually listed in the NRHP or have not been previously determined to be individually eligible for listing in the NRHP and where the exterior appearance of the culvert, including existing stone masonry wing walls and headwalls, is unaffected. Replacement and upgrades of non-historic culverts Replacement, repair, lining, or extension of culverts and other drainage structures which do not extend beyond or deeper than previous construction limits 1 1 2 Routine cleaning, maintenance and repair of existing drainage, stormwater management, and water quality facilities and devices Storm sewer installation within existing right-of-way limits Stream stabilization and restoration activities, (including removal of debris or sediment obstructing the natural waterway). Any bridge remedial activity to an existing concrete box culvert; or concrete rigid frame small structure, or pipe and the length of the small structure is less than 20 feet, so long as the remedial work is aesthetically and functionally inkind and in the same footprint Drainage improvements, including installation, replacement or rehabilitation, and cleaning activities associated with existing drains, dikes, headwalls, culverts with an opening 8 feet or less in width, pipes and storm sewers All work between the flowlines of the ditches and channels and above the original line and grade Reestablishment of existing ditches to original width Culverts & pipes. Reinstall or replace at pre-existing size(s) and invert(s) Subtotal RAILROADS Repair or replacement of railroad safety components Repair of railroad crossings Replacement of existing bolt-connected railroad tracks and wood ties. Railroads. A. In kind repair or replacement of railroad safety components. B. Repair of railroad crossings, gates, and signals. C. In kind replacement and repair of existing track system. D. Repair of passenger loading areas. 3 1 6 of 12 1 1 1 1 1 6 1 1 1 1 1 1 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Maintenance of railroad structures within or outside a historic district where no substantial ground disturbance is required & the affected structures are not individually listed or eligible for individual listing in the NRHP or have not been determined to be a contributing resource to a NRHP listed or eligible historic district. Repairs to historic properties where such repairs are undertaken in accordance with the Sec. of the Interior's Standards for the Treatment of Historic Properties Replacement of structural elements or other components of historic bridges, culverts, or structures where the affected elements or components do not contribute to the historic significance of the structure & where the replacement requires only minimal alterations to historic fabric of the structure and where the alterations to the appearance of the historic structure are not visible from the public right of way Replacement of ties or rail where there are no changes in vertical or horizontal geometry. Repointing of masonry joints in bridges, culverts, or buildings where the color, texture, aggregate of the grout and the rake of the joint matches the existing color, texture, aggregate of the grout or the rake of the joint. Subtotal MISCELLANEOUS Ineligible properties Properties determined not eligible for inclusion in the Register and properties listed as non-historic Properties determined to be ineligible for inclusion in the NR within the last five years from the date the Recipient made its application for DOE financial assisitance. 1 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals 1 1 2 1 1 2 1 1 2 1 1 2 1 1 2 5 5 3 1 12 1 1 1 Handicap improvements Installation of wheelchair ramps on secondary elevations meeting code as long as ramps can be easily removed and are not permanently affixed to the building. Stairs and railings may not be removed to construct a ramp. Installation of handicapped curb cuts is permissible. Wells and mineshafts Decommissioning or plugging wells and backfilling mine shafts when the backfilling does not remove or destroy supporting walls or character defining elements. Dredged or fill materials Discharges of dredged or fill materials into jurisdictional wetlands that were in agricultural crop production prior to Dec. 23, 1985, with foundations & building pads for buildings or agricultural related structures necessary for farming activities. Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 1 1 1 1 1 1 7 of 12 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Roadways No case-by-case consultation with the SHPO is necessary for continued use or reuse of a road when a physical barrier along the traveled way (e.g., fences, boulder barriers, existing pavement) prevents further damage to cultural resources or where the roadway or railway was cut through or is situated below a property (e.g., archaeological deposit) through which it passes Seismic operations on maintained roads or trails, and those involving no use of explosives, blading, or other land modifications, nor appreciable disturbance or compaction of vegetation, soils, or desert pavement by vehicle movement or other means except for concentrated foot traffic. Easement acquisitions Easement acquisitions, where the historic properties received are not considered in exchange for any historic properties relinquished Meteorological Towers and/or Buoys Meteorological Towers and/or Buoys: The signatories agree that offshore meteorological towers and/or buoys have no effect on onshore historic properties since they are temporary in nature and indistinguishable from lighted vessel traffic. Ground disturbing activities Ground disturbing activities related to the repair, replacement, reinforcing or pouring of footings, foundations, retaining walls, other slope stabilization systems Activities that involve less than one square meter (11 sq ft of cumulative ground disturbance), provided the activity is not taking place on a NR listed or eligible property Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 US Fish and Wildlife Service and North Dakota DOT 2011 1 1 1 1 1 1 1 1 1 1 Sub Totals 1 1 2 Shallow ground disturbance of soil to a depth of twelve (12) inches or less, on a land area of 1 acre or less (i.e. landscaping). In-kind repair or replacement of fencing and freestanding exterior walls In-kind repair or replacement of driveways, paths, trails, parking areas, and walkways Placement of emergency beach berms seaward of improved property where severe erosion has occurred Activities involving temporary structures Raise minimal emergency grades to restore essential traffic. 1 1 1 1 1 1 1 1 1 Installation of temporary structures for uses such as classrooms, offices, or medical support facilities, except when located in historic districts or archaeologically sensitive areas. Temporary placement of generators and permanent installation of generators placed inside existing buildings or that occupy an area under 50 square feet behind the building they service. Removal of non-valuable & abandoned materials or property Debris collection from public rights of way and other public areas, transport, and disposal in existing licensed solid waste facilities Removal of woody debris, such as sticks, small limbs, and branches from cemeteries and archaeological properties if heavy equipment or other machinery is not used 1 1 1 Removal of root balls except from cemeteries, known archeological sites or when there are unexpected finds Routine removal of trash and abandoned property less than 45 years of age that does not qualify as a historic property. 1 1 1 1 1 1 1 1 8 of 12 1 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Removal of non-valuable, recent (less than 50 years old) structures and materials (including abandoned automobiles9 dumps, fences and buildings) and reclamation of the site. The site from which these materials are removed may be reclaimed without additional SHPO consultation as long as the reclamation does not expand previous surface disturbance. Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 US Department of Agriculture and Pennsylvania SHPO 2005 1 US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals 1 Dewatering of flooded developed areas or flooded buildings and structures by physical or mechanical means 1 Buildings & structures in general Repairs or replacement on historic properties when all work is consistent with the Secretary of the Interior's Standards. 1 1 1 1 Repair or alteration of non-historic buildings and structures less than 50 years old; except when it is located adjacent to a listed or eligible property or located in a historic district 3 1 In kind repair or replacement of metal utilitarian structures (i.e. pump houses, etc.), including exposed pipelines. Modern materials may be used, provided their finish is compatible with existing structures and the site. 1 Rehabilitation of single-family homes greater than 50 years old when rehabilitation consists solely of activities listed as being excluded in this Appendix. In-kind repair, replacement, restoration, preservation, protection, maintaining of materials, or features on interior work on floors, walls, stairs, and ceilings, or partial replacement of trim. Non-destructive or concealed testing for hazardous materials or for assessment of hidden damages Windows & doors Windows. In kind repair or replacement of damaged or deteriorated windows, shutters, stomr shuters, and doors including all hardware. Window panes. Replacement of window panes in kind. Clear plate, double, liminated or triple insulating glazing can be used, provided it does not result in altering the existing window material or form. Windows. Installation of new window jambs or jamb liners, installation of metal panning in window wells, and replacement of non-significant flat stock trim. Doors. In kind repair or replacement of damaged or deteriorated doors. Door and/or Window hardware repair or replacement Walls, Cornices, Porches, and Foundations Walls. In kind repair or reconstruction of concrete and masonry walls, columns, parapets, chimneys, or cornices, using compatible brick and mortar. Walls. In kind repair or replacement of siding. Repointing with mortar that matches the original in strength, composition, color, and texture and that duplicates the rake and other joints that define the existing characteristics. Walls. Anchoring of walls to floor systems, provided the anchors are embedded and concealed from exterior view, and disturbed historic fabric is restored in kind. 1 1 1 1 1 1 1 1 4 1 2 1 1 1 1 4 1 1 3 1 1 4 1 1 3 1 1 1 1 1 1 1 1 1 Cleaning, repair or repainting of surfaces, provided that destructive surface cleaning and preparation treatments are not used (e.g., water blasting, sandblasting, power sanding, chemical cleaning). 9 of 12 1 1 1 Replacement of damaged plaster and lath with drywall where the plaster is non character defining detail, excluding properties individually listed on the National Register or contributing properties to NHL Historic Districts. 1 1 1 2 1 1 1 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Partial in-kind replacement of porches, cornices, siding, balustrades, stairs, or trim. In-kind repair or replacement of signs or awnings. Installation of temporary stabilization bracing or shoring, provided such work does not result in additional damage, significant loss of historic fabric, or irreversible alterations to this or adjacent areas. Bracing and reinforcing of walls, chimneys and fireplaces, provided the bracing and reinforcing are either concealed from exterior view or removable in the future. Strengthening and reinforcing of foundations and addition of foundation bolts, provided that visible new work is inkind, and if required, mortar repair or replacement as previously described. Repairs to and replacement of elements of curtain wall assemblies or exterior cladding that is hung on the building structure, usually from floor to floor, and when the color, size reflectivity and visual patterns are unaltered Roofs & chimneys Roof, gutters, &/or downspouts.. In kind repair, replacement, or strengthening . Chimneys. In kind repair or reconstruction of chimneys. Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 Repairs to a flat roof, including changes in roofing materials, where the repairs are not highly visible from the ground level. In-kind replacement of metal roofing materials. In-kind replacement of greenhouse glass panels. Utilities, Mechanical, and Electrical Systems Minor utility system work, including interior mechanical (e.g., HVAC), electrical, or plumbing work, which is limited to upgrading, or in-kind replacement. Replacement or installation of interior fire detection, fire suppression, or security alarm systems. Elevation of HVAC and mechanical equipment as long as it is placed or located where it is not highly visible from th street, or if its installation does not result in significant loss of historic fabric, or character-defining details. Replacement, repair or installation oflightning rods. Porches Porches. In kind repair or partial replacement. Foundations Foundations. Strengthening of foundations and the addition of foundation bolts, provided that visible new work is in kind. Foundations. Installation of cross bracing on pier and post foundations Ceilings Repair or replacement of suspended or glued ceiling tile. US Fish and Wildlife Service and North Dakota DOT 2011 Sub Totals 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 1 3 1 1 1 10 of 12 US Department of Agriculture and Pennsylvania SHPO 2005 1 Fascia board & soffit. Repair or in-kind replacements when the new fascia/soffit will be of the same dimensions, configuration, design and material as the original. Roof vents. Installation of ridge vents or louver type soffit vents. Replacement of three-tab asphalt shingles with dimensioned architectural shingles; replacement of cement asbestos shingles with asphalt-based shingles or other roofing of similar appearance to the original such as slate; replacement of corrugated asbestos panels with corrugated metal panels or other roofing of similar appearance to the original; replacement of untreated wood shingles or shakes with similar items of fire resistant wood; and in kind replacement of corrugated metal panels US Forest Service and California and Nevada SHPO 2012 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Floors Replacement of wood gymnasium floors with contemporary gym flooring materials Replacement of damaged vinyl floor tile or asbestos floor tile with contemporary floor tile of the same dimension and thickness, and similar texture or pattern. Painting , Caulking, Insulation Painting. 1. Repainting of surfaces, provided that destructive surface cleaning and preparation treatments are not used. Caulking, weatherstripping, or sealing of windows, jambs, or jamb liners (color should match trim) Caulking and weather-stripping to complement the color of adjacent surfaces or sealant materials. In-kind repair or replacement of specialized finishes such as decorative painting, glazing, or gilding on flat or ornamental plaster; or repair or replacement of ornamental plaster, when such repair or replacement is undertaken by those experienced in such finish work. Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 1 1 1 3 1 2 1 2 1 1 1 1 1 1 1 1 1 1 1 1 Stabilization necessary to secure and protect vacant buildings and structures more than fifty years old, consistent with NPS Preservation Brief #31 Mothballing Historic Buildings. Temporary stabilization bracing or shoring with no damage, loss or historic fabric or irreversible alterations. 1 1 1 1 1 1 1 1 1 3 2 1 Correcting structural deficiencies in basements, crawl spaces, and beneath porches. 1 1 11 of 12 Sub Totals 1 1 Bracing. Bracing and reinforcing of chimneys provided the bracing and reinforcing are either concealed from exterior view, or removeable in the future. Bracing. Installation of temporary stabilization bracing or shoring, provided such work does not result in additional damage, significant loss of historic fabric, or irreversible alterations to this or adjacent areas. Installation of scaffolding, temporary barriers (e.g., chain link fences), polyethylene sheeting, or tarps, provided such work will not result in additional damage, irreversibie alterations, or significant loss of historic fabric US Fish and Wildlife Service and North Dakota DOT 2011 1 1 Interior cleaning on non-porous surfaces using a weak solution of household bleach and water, mold remediation, or mold removal. Stablilization The installation of the following upgrades, provided that such upgrades are not visible on the exterior or within character-defining historic interiors: attic bracing, cross bracing on pier and post foundations; metal fasteners; collar ties; gussets; tie downs; strapping and anchoring of mechanical, electrical, and plumbing equipment; concealed anchoring of furniture; installation of plywood diaphragms beneath first floor joists, above top floor ceiling rafters, and on roofs; and automatic gas shut off valves. US Department of Agriculture and Pennsylvania SHPO 2005 1 1 In-kind replacement or installation of insulation systems, provided that existing interior plaster, woodwork, or exterior siding is not altered. Cleaning Cleaning masonry surfaces with natural bristle brushes and mild detergent using low-pressure water. Cleaning. Power washing of exterior features if performed at no more than 600-psi with mild detergent. Refer to National Park Service Preservation Brief # 6 US Forest Service and California and Nevada SHPO 2012 1 Appendix 6. Non-FHWA and Non-Transportation Agency Unscreened Actions (Counts of Unscreened Actions Listed in Each PA) Army Corps and Virginia SHPO 2012 Bureau of Land Bureau of Land Management and Management Alaska SHPO 1998 and New Mexico SHPO (no date) Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Department FEMA and Federal Railroad Ocean Energy of Energy and Louisiana Administration Management SHPOs 2010 SHPO 2009 and New York and ACHP 2013 DOT and SHPO 2014 Code work In kind repair,-replacement, or upgrade to codes and standards of existing piers, docks, boat ramps, boardwalks, stands, gazebos, and dune crossovers, provided the footprint would substantially match the existing footprint. Federal Railroad Administration/Federal Transit Administration and Connecticut and Massachusetts SHPOs 2012 General Services Administration and ACHP and SHPOs 2008 General Services Administration and District of Columbia SHPO 2013 Housing and Urban Development and Louisiana SHPO 2013 US Forest Service and California and Nevada SHPO 2012 1 Activities to bring buildings and structures up to code/standards, provided no structural alterations are involved. Installation of wheelchair ramps on secondary elevations meeting code as long as ramps can be easily removed and are not permanently affixed to the building. Installation of grab bars and other such minor interior modifications required for compliance with the Americans with Disabilities Act (ADA) Subtotal EXEMPTED TOTAL US Department of Agriculture and Pennsylvania SHPO 2005 US Fish and Wildlife Service and North Dakota DOT 2011 1 2 1 1 1 1 1 2 2 0 1 1 6 1 1 2 3 1 1 55 81 1 1 12 of 12 Sub Totals 1 0 6 0 7 1 1 4 6 15 16 2 3 32 47 1 5 118 187 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 GENERAL ROAD MAINTENANCE & REPAIRS Roadway maintenance and repairs Repair, maintenance, and minor expansion of existing roads in areas previously inventoried within last 15 years when adverse effects to Historic Properties will be avoided. Maintenance of roads that does not widen or otherwise extend surface disturbance, unless archaeological features are exposed and which have not been evaluated. Maintaining, replacing or modifying existing routes or facilities that do not disturb additional surface area, or historic properties; or where the ground has been previously disturbed to the extent that historic properties could not exist; or where the facility itself is not a historic property. Resurfacing, blading,, or maintenance of existing roads where disturbance outside the existing constructed prism/tread and existing alignment will not occur. Routine road maintenance and resurfacing where work is confined to previously maintained surfaces, ditches, culverts, and cut and fill slopes within road prism, where there are no known historic properties. Temporary road closures Designating areas closed to vehicles or areas limited to travel only on existing roads and trails. Maintenance of crowned or ditched roads that does not widen or otherwise extend surface disturbance, unless archaeological features which have not been evaluated are exposed. Existing roads that have been determined not eligible for the National Register in consultation with the SHPO/THPO may be repaired or resurfaced in-kind or in similar materials as long as the extent of the project, including staging areas, is contained within the existing surfaced areas. The repair or resurfacing cannot exceed the area of the existing road surface and cannot exceed the depth of existing disturbance. Existing roads that have been determined eligible for the National Register in consultation with the SHPO/THPO may be repaired or resurfaced in-kind. Existing surfaced areas may be expanded or new surfaces constructed if the extent of new surfacing can be demonstrated to occur on land that has been disturbed by prior excavation or construction and has been shown not to contain buried historic properties. Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Land Management and Utah SHPO 2011 Bureau of Land Management and Wyoming SHPO 2006 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 1 Total 1 1 1 1 1 1 1 1 Page 1 of 8 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 Existing surfaced areas may be removed if the surfaced area is not a historic property, it is not located within a historic property and all project activities, including staging areas, will occur on land that has been disturbed by prior excavation or construction and has been shown not to contain buried historic properties. Repairs or undertakings on sidewalks and walks - 4 In-kind regrading, graveling, repaving, or other maintenance treatments of all existing walks within existing disturbed alignments. Minor realignment of walks where the ground is previously disturbed as determined by a qualified archaeologist. Changing the material color of existing surfaces using materials that are recommended in an approved treatment plan or in keeping with the cultural landscape. Undertakings proposed on existing non-historic sidewalks that are located within previously disturbed areas and do not exceed the depth of the previous disturbance or if the proposed undertaking is conducted in accordance with an approved treatment plan (such as a historic structures report, cultural landscape report, or preservation maintenance plan). Repairs or undertakings on trails and paths -12 In-kind regrading, graveling, repaving, or other maintenance treatments of all existing trails and paths within existing disturbed alignments. Minor realignment of walks where the ground is previously disturbed as determined by a qualified archaeologist. Changing the material color of existing surfaces using materials that are recommended in an approved treatment plan or in keeping with the cultural landscape. Undertakings proposed on existing non-historic trails and/or paths that are located within previously disturbed areas and do not exceed the depth of the previous disturbance or if the proposed undertaking is conducted in accordance with an approved treatment plan (such as a historic structures report, cultural landscape report, or preservation maintenance plan). Existing trails, and associated features that have been determined not eligible for the National Register in consultation with the SHPO/THPO may be repaired or resurfaced in-kind or in similar materials as long as the extent of the project, including staging areas, is contained within the existing surfaced areas. The repair or resurfacing cannot exceed the area of the existing road surface and cannot exceed the depth of existing disturbance. Existing trails and associated features that have been determined eligible for the National Register in consultation with the SHPO/THPO may be repaired or resurfaced in-kind. Page 2 of 8 Bureau of Land Management and Oregon SHPO 1998 Bureau of Land Management and Utah SHPO 2011 Bureau of Land Management and Wyoming SHPO 2006 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 Total 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 Existing surfaced areas may be expanded or new surfaces constructed if the extent of new surfacing can be demonstrated to occur on land that has been disturbed by prior excavation or construction and has been shown not to contain buried historic properties. Existing surfaced areas may be removed if the surfaced area is not a historic property, it is not located within a historic property and all project activities, including staging areas, will occur on land that has been disturbed by prior excavation or construction and has been shown not to contain buried historic properties. Installation of routine signs or markers within or alongside existing trails. Resurfacing, blading,, or maintenance of existing trails where disturbance outside the existing constructed prism/tread and existing alignment will not occur. Routine trail maintenance limited to brushing and light maintenance of existing tread with hand tools, including chain saws. Trail maintenance of existing tread on slopes exceeding 30%. Safety Improvements and Hazard Removal Road closures with the installation of gates and barriers in which cattle guard installation is not involved. Felling of hazardous trees along roadways, within recreation areas, or other areas for health and safety reasons provided they are left in place or cut up with hand tools, including chain saws, and removed by hand. Felling and removal of hazard and wind thrown trees from road prisms where deemed necessary for health, safety, or administrative reasons, so long as trees are felled into and removed from within existing road prisms (area clearly associated with road construction, from road surface to top of cut and/or toe of fill) where previous disturbance is such that the presence of historic properties is considered unlikely, and so long as ground disturbance is not allowed off previously disturbed areas associated with road prisms. Signage and Surveillance Installation of routine signs or markers on shoulders of existing roads and markers adjacent to existing roads, or placing recreational, special designation or information signs, or visitor registers, unless within known historic properties. Installation of routine signs or markers within or alongside existing roadways. Installing signs and markers adjacent to existing roads. Replacement of existing signage in the same location with similar style, scale, and materials. Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Land Management and Utah SHPO 2011 Bureau of Land Management and Wyoming SHPO 2006 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 Total 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 Page 3 of 8 1 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 New signs that meet NPS standards, e.g., at entrance to the park or related to the park's interpretive mission, provided the sign is not physically attached to a historic building, structure, or object. Replacement of interpretive messages on existing signs, wayside exhibits, or memorial plaques. Temporary signage for closures, repairs, detours, safety, hazards, etc. in previously disturbed areas or areas inventoried and found not to contain historic properties. Memorial plaques placed within established zones that allow for such placement. Subtotal UTILITIES Designation of existing transportation and utility corridors under Section 503 of FLPMA when current BLM information indicates that such corridors have low probability of containing or being in proximity to historic properties. Activities at designated communication sites that do not affect historic properties and where Section 106 consultation has been previously completed. The removal of oil well stand pipes where there is no other evidence of historic or archaeological remains. Upgrading or adding new lines (power or telephone) to existing pole(s) when there is no change in pole configuration or number, and when the lines are not historic properties and no other cultural resources issues are known. Emplacement of buried utility lines, pipelines, telephone lines and similar linear features within the existing previously constructed prism and alignment of a road. Replacement of, or repair of exiting water lines, buried power or telephone lines, vault toilets or similar underground improvements, in exact previous locations with same size tank replacement of water collector systems and pipeline when no additional ground disturbance occurs. Authorizing new lines on existing overhead structures when there is no change in pole or tower configuration and no new surface disturbance. Issuing rights-of-way for overhead lines with no pole, tower, or other surface disturbance on BLM-administered lands where there are no historic properties present for which setting contributes to integrity. Maintenance (that does not add to nor change the configuration of the existing facilities) to existing electronic communication sites involving no ground disturbance or impacts to known historic properties. Maintenance or replacement of buried linear infrastructure [non-historic utility or transmission lines] in previously disturbed areas. 2 Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 5 2 Bureau of Land Management and Oregon SHPO 1998 0 Bureau of Land Management and Utah SHPO 2011 1 Bureau of Land Management and Wyoming SHPO 2006 4 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 Total 1 1 1 1 1 1 1 1 21 5 40 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 Page 4 of 8 1 1 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 Replacement of non-historic materials [utility or transmission lines], provided the undertaking will not impact adjacent or nearby historic properties and is not located in a historic property or visible from an above ground historic property. Maintenance or replacement of infrastructure, such as old water distribution systems, that has been determined to be not eligible for the National Register. Enhancement of a wireless telecommunication facility, including the uploading of mechanical equipment, provided the activities do not involve excavation nor any increase to the size of the existing facility. Subtotal CULVERTS Culvert replacement. The existing culvert and/or associated road, rail bed, or cultural landscape has been determined not eligible for the National Register. Culvert replacement. The existing culvert is less than 50 years old. Subtotal MISCELLANEOUS Seismic operations on roads Seismic operations on maintained roads or trails, and those involving no use of explosives, grading, or other land modifications, and resulting in no appreciable disturbance or compaction of vegetation, soils, or desert pavement by vehicle movement or other means, in areas in which previous Section 106 consultation has been completed. Seismic surveys conducted along existing roads where no new disturbance will occur. Core drilling on roads Core drilling within the constructed prism of existing roads where no new disturbance will occur. Ground disturbing activities Activities which involve no more than two (2) square meters of cumulative surface disturbance and no more than one (1) square meter of contiguous disturbance in any given location. Limited archaeological testing and/or artifact collection during field identification, evaluation, and recording activities, so that the significance or research potential of a cultural property may be better understood but not substantially diminished. Limited testing is defined as affecting no more than four (4) cubic meters of an archaeological deposit or more than 25% of the surface area of the deposit. Activities that involve less than one cubic meter of cumulative ground disturbance per acre. 4 Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 2 0 Bureau of Land Management and Oregon SHPO 1998 1 Bureau of Land Management and Utah SHPO 2011 0 Bureau of Land Management and Wyoming SHPO 2006 2 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 Total 1 1 1 1 1 1 4 1 14 1 1 1 2 1 2 1 1 1 1 1 1 1 1 2 1 1 1 Page 5 of 8 1 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 Activities that do not involve ground or surface disturbance, and that do not have the potential to affect access to or use of resources by Indians based on the nature of the undertaking or prior or current consultation with Indian tribes. Right-of-way activities Right-of-way which would add or remove another radio transmitter to an existing communication site that is neither an historic property nor located on or within the proximate area of an historic property. Issuance, granting, or renewal of permits, easements, or rights-of-way that do not authorize surface or resource disturbance and do not have the potential to affect access to or use of resources by Indians based on the nature of the undertaking or prior or current consultation with Indian tribe. Removal of property or material less than 50 years old Removal of, recent (less than 50 years old) structures and materials not associated with older remains which may qualify for listing in the National Register and where no historic properties will be affected, after screening by professional cultural resource staff. Removing modern materials and trash scatters less than 50 years old and not associated with a larger eligible or unevaluated cultural entity. Abandoned vehicles and modern trash dumps are included in this class. Fence modifications, maintenance, or replacement Modification of existing fences, gates, grills, or screens to provide improved wildlife ingress and egress where such modification does not affect the integrity of potentially historic adits, stopes, or shafts. Maintenance and replacement in kind of existing nonstructural facilities (e.g., cattle guards, gates, fences, stock tanks, guardrails, barriers, traffic control devices, utility poles, light standards, curbs, sidewalks, etc.) that do not involve new ground disturbance, or where ground disturbance is limited to less than one cubic meter total per acre and in areas where there are no known historic properties or where the presence of historic properties is considered highly unlikely. Enclosure fences can be categorically determined to have no adverse effect where cultural resources within the proposed enclosure have been sufficiently inventoried and evaluated so that the fence will not divide an historic property and place a portion of it outside of the fence and there will be no historic properties within 10 meters of the fence. An exception is possible where the fence can run through a historic property by following the edge of an existing road that is on the outside of the enclosure, and the fence is kept on the edge of the road disturbance. Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Land Management and Utah SHPO 2011 Bureau of Land Management and Wyoming SHPO 2006 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 1 1 Total 1 1 1 1 1 1 1 1 2 1 1 1 1 Page 6 of 8 1 1 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 Landscaping Routine roadside and trail maintenance and cleanup with no ground disturbance. Grass replanting in some locations with approved species. Woodland and woodlot management (including tree trimming, hazard tree removal, thinning, routine removal of exotic species that are not a significant component of a cultural landscape. Maintaining existing vegetation on earthworks, trimming trees adjacent to roadways and other historic roads and trails. Routine maintenance of gardens and vegetation within cultural landscapes with no changes in layout or design. Routine grass maintenance of cemeteries and tombstones with no tools that will damage the surfaces of the stones. Trimming of major specimen trees needed for tree health or to address critical health/safety issues. Planting of non-invasive plant species in non-historic areas. Removal of dead and downed vegetation using equipment and methods that do not introduce ground disturbance. Replacement of dead, downed, overgrown, or hazard trees, shrubs, or other vegetation with specimens of the same species. Replacement of invasive or exotic landscape plantings with similar noninvasive plants. Routine lawn mowing, leaf removal, watering, and fertilizing. Routine orchard maintenance and pruning. Any revegetation by hand seeding that does not involve ground disturbance other than the minor disturbance of placing seeds on the ground. Manual tree planting using hand-held augers or planting bars. Routine maintenance, repair work, stabilization, or rehabilitation of buildings or structures Actions limited to retaining and preserving, protecting and maintaining, repairing and replacing in-kind, as necessary, materials and features, consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (Standards) and the accompanying guidelines. Actions involving emergency stabilization, including limited replacement of irreparably damaged features or materials and temporary measures that prevent further loss of historic material or that correct unsafe conditions until permanent repairs can be accomplished. Streamlined activities for archaeological sites and cultural landscapes includes work to moderate, prevent, or arrest erosion. Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Land Management and Utah SHPO 2011 Bureau of Land Management and Wyoming SHPO 2006 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 Total 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page 7 of 8 1 1 1 1 Appendix 7. Non-FHWA and Non-Transportation Agency Screened Actions (Counts of Screened Actions Listed in Each PA) Bureau of Land Management and California and Nevada SHPOs 2007 Actions involving routine repairs necessary to continue use of a historic property Emergency repair or stabilization of historic properties using methods that do not have an effect upon the values that make the properties significant, after screening by professional cultural resource staff. Activities or alterations involving facilities or structures that are less than 45 years of age as of the date of the project and will not alter the viewshed of historic buildings, structures, or districts. Replacement and repair of existing pipelines and the addition of new pipelines in an area previously inventoried within the last 15 years (& reviewed by cultural resource personnel for adequacy) when Historic Properties will be avoided following avoidance procedures. Repair, maintenance, and minor expansion of existing well pads or facilities in an area previously inventoried within the last 15 years (& reviewed by cultural resource personnel for adequacy) when Historic Properties will be avoided following avoidance procedures. Routine maintenance of existing facilities, including minor routine and preventative maintenance of BLM facilities which do not disturb additional ground surface area or historic properties at the facility including the facility itself. Subtotal TOTAL Bureau of Land Management and Idaho SHPO 1998 Bureau of Land Management and Nevada SHPO 2009 Bureau of Land Management and Oregon SHPO 1998 Bureau of Land Management and Utah SHPO 2011 Bureau of Land Management and Wyoming SHPO 2006 National Park Service, ACHP and SHPOs 2008 US Forest Service and California and Nevada SHPO 2012 1 1 1 1 1 1 1 1 1 1 1 9 15 Total 1 4 11 1 3 Page 8 of 8 0 1 2 3 2 8 16 43 5 11 39 95
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