Section 106 Programmatic Agreements
The Federal Transit Administration (FTA) is developing statewide Section 106 programmatic agreements (PAs) as a program alternative to standard consultation under 36 CFR Part 800. PAs allow federal agencies to govern the implementation of a particular agency program or the resolution of adverse effects from complex projects or multiple undertakings similar in nature through negotiation of an agreement between the agency, appropriate State and Tribal Historic Preservation Officer(s), and the Advisory Council on Historic Preservation (ACHP). PAs can administratively delegate some responsibility for Section 106 to a responsible party such as a State Department of Transportation, provide expedited timeframes in specified situations, and/or identify activities that have little or no potential to affect historic properties and can be excluded from certain consultation activities. For more information on PAs, the ACHP offers Guidance on Section 106 Agreement Documents.
Section 106 PAs in Effect by State
The table below provides summary information about executed FTA Section 106 PAs.
| State | Signed | Expires | What's Covered | PA Type | PA Doc |
|---|---|---|---|---|---|
| CT | 5/5/2025 | 5/5/2030 | All undertakings | Delegation/Exemption | |
| IL | 8/7/2024 | 8/7/2029 | Minor undertakings | Exemption | |
| MD | 11/23/2020 | 11/23/2030 | All undertakings | Delegation/Exemption |
Section 106 PAs Underway by State
The table below provides summary information about Section 106 PAs that are currently being coordinated.
| State | What's Covered | PA Type | Status | Public Comment Opportunity |
|---|---|---|---|---|
| OH | Minor projects | Exemption | ||
| MO | Minor projects | Exemption |