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PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
AND THE COLORADO STATE HISTORIC PRESERVATION OFFICER
REGARDING
MANAGEMENT AND PRESERVATION OF COLORADO HISTORIC BRIDGES

WHEREAS, the Federal Highway Administration (FHWA) has determined that the construction and improvement of highways and bridges may have an effect on vehicular bridges that are listed in the National Register of Historic Places (NRHP), or may be determined eligible for listing, and has consulted with the Advisory Council on Historic Preservation (ACHP) and the Colorado State Historic Preservation Officer (SHPO) pursuant to Section 800.14(b) of the regulations (36CFR800) implementing Section 106 of the National Historic Preservation Act (16U.S.C. 470f); and

WHEREAS, the Colorado Department of Transportation (CDOT) ensures compliance with Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's regulations (36 CFR 800) by overseeing the Section 106 consultation process for federal aid transportation projects on behalf of FHWA;

WHEREAS, FHWA has consulted with the CDOT regarding the effects of this undertaking on historic properties and has invited them to sign this Programmatic Agreement (Agreement) as an invited signatory;

WHEREAS, Congress has mandated that highway bridges be evaluated, and where found substandard, be rehabilitated or replaced and has provided funding for these purposes, to insure the safety of the traveling public (through the Highway Bridge Replacement and Rehabilitation Program); and

WHEREAS, the American Association of State Highway and Transportation Officials (AASHTO) has standards regulating the construction and rehabilitation of bridges that must be met by FHWA to insure the safety of the traveling public; and

WHEREAS, Congress declares it to be in the national interest to encourage the rehabilitation, reuse, and preservation of bridges significant in history, architecture, engineering and culture; and

WHEREAS, FHWA proposes to make Federal funding available to CDOT for its ongoing program to construct and rehabilitate bridges, and CDOT concurs in and accepts responsibilities for compliance with this Agreement; and

WHEREAS, the parties understand that not all historic bridges fall under jurisdiction of the sphere of influence of FHWA, and that to encourage other parties to participate in preservation efforts, an educational preservation ethic is needed; and

WHEREAS, Highway Bridges in Colorado, 1880-1958, a Multiple Property Documentation Form, was accepted by the Department of the Interior, National Register on June 13, 2002.

NOW, THEREFORE, FHWA, SHPO, and ACHP agree, and CDOT concurs, that the following program to enhance the preservation potential of historic bridges, and to promote management and public understanding of and appreciation for these cultural resources will be enacted in compliance with Section 106 of the National Historic Preservation Act (NHPA) procedures as applied to historic bridges only.

APPLICABILITY

Execution of this agreement terminates the June 1988 agreement Memorandum of Understanding by and Among the Colorado Department of Highways and the Colorado State Historic Preservation Officer regarding historic bridges. Execution of this agreement does not terminate the 1991 Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, and the Colorado State Historic Preservation Officer regarding Minor Highway Improvement Projects. In the case of any conflict between this PA and the 1991 PA, the terms of this agreement will be binding. In addition, execution of this agreement does not replace Section 106 consultation for projects involving historic properties other than historic bridges.

STIPULATIONS

FHWA shall ensure that the following measures are carried out:

  1. Bridge Eligibility Determinations: All Colorado highway bridges built before 1959 have been evaluated for individual eligibility to the NRHP. Bridges were evaluated as either:
    1. Eligible or listed on the NRIIP: These bridges have been shown to be associated with Criterion A or Criterion C of the National Register Criteria for Evaluation for historical association and/or technological significance.
    2. Contributing to the NRIIP: Bridges that are not individually eligible may be determined to contribute to the qualities of significance of eligible roads and highways as part of the statewide highway context that was completed in 2002. Bridges that are not individually eligible may also contribute to the qualities of significance of historic districts
    3. Potentially eligible for the NRHP: These bridges lack the same level of significance as bridges that have been determined to be eligible for or listed on the NRHP. However, as part of the annual report discussed in Stipulation 10 of this agreement, the eligibility determination for these bridges could be revised each year if there have been a significant number of replacements or alterations to eligible or listed bridges of the same type.
    4. Not Eligible for the NRHP: These bridges lack significant historical associations, were not considered to be significant examples of common structural types, or were subject to alterations that negatively impacted the design integrity of the bridge. The SHPO has concurred that these bridges are not eligible to the NRHP.
  2. Treatment of Colorado Highway Bridges:
    1. Non-Eligible Bridges: CDOT can proceed without SHPO consultation and concurrence on projects involving bridges that the SHPO has agreed are not eligible to the NRHP (see Attachment A for a list of these bridges).
    2. Potentially Eligible Bridges: Projects involving bridges with the determination of potentially eligible will take place without SHPO consultation and concurrence. If, after a review of the annual report as discussed in Stipulation 10, a bridge is determined to be eligible to the NRHP, it will be treated in accordance with Section 106 of the NHPA for future projects (see Attachment B for a list of these bridges).
    3. Eligible Bridges: Bridges determined to be listed in or eligible to the NRHP or contributing to an eligible road, highway, or historic district will be treated in accordance with Section 106 of the NHPA, except for certain types of activities not requiring SHPO consultation as outlined in Attachment C. Projects involving activities described in Attachment C are evaluated and approved by the Colorado Department of Transportation Staff Historian, who meets the criteria established under the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44739) (Standards). The Staff Historian documents in written memoranda all projects that meet the criteria described in the minor projects agreement.
  3. Section 106 consultation: FHWA will continue to consult with SHPO on proposed projects involving bridges eligible to or listed in the NRHP, except for those activities and minor projects described in Attachment C of this agreement. This consultation will consist of the following:
    1. CDOT shall write a letter to the SHPO describing the proposed project and request SHPO concurrence on NRHP eligibility of the bridge, potential effects to the bridge, and proposed mitigation. The correspondence shall include documentation analyzing alternatives to altering or replacing the bridge, including no action, rehabilitation, moving the new bridge to another location, or building a parallel bridge next to the historic bridge.
    2. The SHPO shall respond within thirty (30) calendar days of receipt of the CDOT letter regarding the determination of eligibility and effect and, if applicable, proposed mitigation.
    3. In the event that there is an adverse effect finding, the CDOT Staff Historian will complete the Section 106 coordination with SHPO and the ACHP, which includes the following steps:
      1. Draft and send the Documentation for Finding of Adverse Effect to the ACHP pursuant to 36 CFR §800.6(a)(i).
      2. Consult with the SHPO and ACHP, if participating, regarding public involvement.
      3. Consult to develop and finalize a Memorandum of Agreement (MOA) that outlines the mitigation measures for the historic bridge.
      4. Carry out the mitigation stipulations as described in the MOA.
  4. Proposed Mitigation: In the event that projects involving eligible or listed bridges will result in adverse effects, CDOT will implement one or more of the following procedures as part of a Memorandum of Agreement to mitigate or lessen the impact of adverse effects:
    1. Recordation: Recordation shall consist of Level II documentation and shall meet SHPO standards as outlined in Office of Archaeology and Historic Preservation (OAHP) Publication 1595, Historical Resource Documentation: Standards for Level I, II, and III Documentation.
    2. Marketing: Truss bridges that can be adopted and used by other agencies or groups will be made available to such groups under the CDOT Adopt-aBridge Program.
    3. Interpretation/Education: CDOT will provide educational and interpretive information on the history and engineering of significant bridges to the general public or media where possible, reasonable, and appropriate.
  5. Post-Review Discoveries: If it appears that an undertaking may affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner, FHWA will take all reasonable measures to avoid or minimize harm to the property until it concludes consultation with the SHPO and, if applicable, the Tribal Historic Preservation Officer (THPO) or affected tribe. If the newly discovered property has not previously been included in or determined eligible for inclusion in the National Register, FHWA may assume that the property is eligible for purposes of this Agreement. FHWA will notify the SHPO and, if applicable, the THPO or affected tribe at the earliest possible time and consult to develop actions that will take the effects of the undertaking into account. FHWA will notify the SHPO and, if applicable, the THPO or tribe of any time constraints, and FHWA and the SHPO and, if applicable, THPO or tribe will mutually agree upon time frames for this consultation. FHWA will develop written recommendations reflecting its consultation with SHPO and, if applicable, the THPO or tribe and will modify the scope of work as necessary to implement these recommendations.
  6. Emergencies: The State of Colorado has in the past experienced various natural disasters and emergencies, including automobile accidents, that are likely to occur again in the future. During such a time FHWA may not be able to, and accordingly is not required to, contact the SHPO regarding stabilization of historic properties. FHWA shall undertake emergency actions pursuant to the terms of this agreement to stabilize historic properties and prevent further damage without SHPO consultation. Where possible, such emergency measure will be undertaken in a manner that does not foreclose future preservation or restoration. FHWA will consult with SHPO on all emergency measures taken that impacted or will impact historic properties at the earliest time permitted by the emergency circumstances. Permanent repairs to historic properties beyond the scope of emergency repairs are not authorized by this stipulation. This stipulation does not apply to undertakings that will be implemented 30 days after the disaster or emergency.
  7. Review: The ACHP and SHPO may review activities carried out pursuant to this Agreement and will review such activities, if so requested. FHWA and CDOT will cooperate with ACHP and SHPO in carrying out their review responsibilities.
  8. Future statewide historic bridge inventories: Reevaluation of National Register eligibility for all bridges will be completed no later than 2008 and every ten years thereafter while this agreement is in effect. SHPO will be consulted regarding the survey and evaluation process. If the reevaluation is not completed by 2008 and every ten years thereafter, the bridges classified as potentially eligible will be treated as eligible for the purposes of project review by CDOT and SHPO until such time as the reevaluation is completed.
  9. Resolving objections: Should any signatory to this Agreement object in writing to FHWA regarding any action carried out or proposed with respect to the implementation of this Agreement, FHWA shall consult with the objecting party. If after initiating such consultation FHWA determines that the objection cannot be resolved through consultation, it shall forward all documentation relevant to the objection to ACHP, including FHWA's proposed response to the objection. Within 30 calendar days after receipt of all pertinent documentation, ACHP shall exercise one of the following options:
    1. Advise FHWA that ACHP concurs with FHWA's proposed response to the objection, whereupon FHWA will respond to the objection accordingly; or
    2. Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or
    3. Should ACHP not exercise one of the above options within 30 calendar days after receipt of the pertinent documentation, FHWA may assume ACHP concurrence in its proposed response to the objection.
    4. FHWA shall take into account any ACHP recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA's responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged.
    5. At any time during implementation of any stipulation in this Agreement, should an objection to any such stipulation or its manner of implementation be raised by a member of the public, FHWA shall take the objection into account and consult as needed with the objecting party, ACHP and SHPO to address the objection.
  10. Reporting requirements: By February 1 of each year this agreement is in effect, CDOT will provide SHPO and ACHP with an electronic report of alterations and replacements to listed, eligible, and potentially eligible bridge types during the previous calendar year. This report will include the following:
    1. List of all eligible, listed, or potentially eligible bridges in the previous year that were affected by minor projects and evaluated in accordance with the 1991 Programmatic Agreement regarding Minor Highway Improvement Projects, and thus did not require consultation with SHPO.
    2. List of all eligible, listed, or potentially eligible bridges in the previous year that were evaluated as part of the Section 106 consultation with SHPO.
    3. Request for SHPO concurrence on eligibility recommendations for potentially eligible bridges that should be elevated to eligible status based on attrition of or alterations to eligible or listed bridges of the same type or historical association. The SHPO shall respond to these determinations within thirty (30) calendar days of receipt of the COOT letter.
      1. There will be no attempt to fill specific quotas for a certain number of eligible bridge types each year.
      2. Any recommendations to amend this Agreement or improve communications among the parties.
  11. Amendment: The ACHP, SHPO, FHWA, or CDOT may request that this Agreement be amended, whereupon they will consult in accordance with 36 CFR Part 800 to consider such amendment. No amendment shall take effect until it has been executed by all signatories.
  12. Termination: The ACHP, SHPO, FHWA, or CDOT may propose to terminate this Agreement by providing thirty (30) calendar days notice to the other parties explaining the reason(s) for the proposed termination. The ACHP, SHPO, and FHWA and CDOT will consult during this period to seek agreement on amendments or other actions that would avoid termination. In the event of termination, FHWA will comply with 36 CFR Sections 800.3 through 800.7 with regard to individual undertakings covered by this Agreement.
  13. Failure to carry out agreement: In the event FHWA does not carry out the terms of this Agreement or if ACHP determines under 36 CFR Section 800.14(b)(2)(v) that the terms of this Agreement are not being carried out, FHWA will comply with 36 CFR Sections 800.3 through 800.7 with regard to individual undertakings covered by this Agreement.
  14. Duration: This Agreement shall become effective upon execution by FHWA, SHPO and ACHP and shall remain in effect until 2010.

Execution and implementation of this Programmatic Agreement evidences that FHWA has afforded ACHP a reasonable opportunity to comment on FHWA's program to manage historic bridges.

BY: FEDERAL HIGHWAY ADMINISTRATION
William C. Jones, Division Administrator. Date: 6, 5, 2003

BY COLORADO STATE HISTORIC PRESERVATION OFFICE
Georgianna Contiguglia, Colorado State Historic Preservation Officer. Date: 5-28-03

ADVISORY COUNCIL ON HISTORIC PRESERVATION
John M. Fowler, Executive Director. Date: 7-16-03

INVITED SIGNATORY
BY: COLORADO DEPARTMENT OF TRANSPORTATION

Tom Norton, Executive Director. Date: 5-20-03


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