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Sample Programmatic Agreement

Agreement
between
the Federal Highway Administration,
the South Carolina Department of Parks, Recreation, and Tourism,
and the South Carolina State Historic Preservation Office

Overview

Section 106 of the National Historic Preservation Act of 1966 and associated regulations require that projects funded by the federal government respect local history and heritage. Because Recreational Trail grants are federal funds administered by the Federal Highway Administration (FHWA) in partnership with the S.C. Department of Parks, Recreation, and Tourism (SCPRT), FHWA and the SCPRT must verify that all projects comply with the Section 106 regulations.

The State Historic Preservation Office (SHPO) at the S.C. Department of Archives and History advises grant recipients and SCPRT to ensure that Recreational Trails projects do not adversely impact the significant characteristics of historic buildings, structures, and districts, and prehistoric and historic archaeological sites.

In order to allow for the timely processing of grant requests and to streamline the Section 106 consultation process, it is mutually agreed that the following exclusions and guidelines will govern the review of Recreational Trails projects.

Applicability

The SHPO does not need to review Recreational Trails grants for:

The SHPO does need to review Recreational Trails grants for:

Project Review Submittals

Please submit the following to the SHPO for applicable grant projects:

Submissions should be sent to:
Rebekah Dobrasko
Review and Compliance Coordinator
S.C. Department of Archives and History
8301 Parklane Rd.
Columbia, SC 29223
(803) 896-6169

Guidance for Projects That May Affect Buildings, Structures, or Historic Districts

Recreational Trails projects that involve new construction of trails or facilities have the potential to affect buildings, structures, or historic districts. Trails may utilize historic bridges or cross through a historic district. In addition, trails may also provide access to historic buildings or structures just off the trail right-of-way that could lead to an increase in traffic or looting at the historic properties.

For trail projects within or adjacent to a historic building, structure, or district, the SHPO recommends:

Guidance for Projects That May Affect Archaeological Sites:

Recreational Trails projects that involve new construction of trails or facilities have the potential to affect archaeological sites. Many trails provide access to water features, such as lakes or rivers, that historically served as settlement sites for Native Americans or early colonists. In addition, trails may also provide access to archaeological sites just off the trail right-of-way that could lead to an increase in looting or collecting of artifacts.

Depending on the size, scale, and nature of the trail, some type of archaeological review or survey may be required as part of the project. The SHPO recognizes that archaeological surveys cannot be funded by a Recreational Trail grant. Potential damage to archaeological sites can be avoided by trail realignment or minimized through the types of trail construction and awareness of the presence of sites during the construction process. Early consultation with the SCPRT and the SHPO will help determine whether archaeological work will be necessary for a grant project.

Land or easement acquisition projects will be reviewed by the SHPO for known archaeological sites and for the probability of significant unknown archaeological sites. Since federal funds will not be used in the construction of a trail, only for land acquisition, the SHPO will not require archaeological survey of the land prior to grant reimbursement, although one may be recommended for management purposes.

To minimize damage to known or potential archaeological sites during construction of trails or facilities, the SHPO recommends:

(Note: The following suggestions are conditioned upon an archaeological site's features and deposits and their proximity to the ground surface. These suggestions may not apply to all projects or to all archaeological sites.)

In any project, if unanticipated cultural materials (e.g., large, intact artifacts or animal bones; large clusters of artifacts or animal bones; large soil stains or patterns of soil stains; buried brick or stone structures; clusters of brick or stone) or human skeletal remains are discovered on the property during land altering or construction activities, then the grant recipient must temporarily halt those activities and immediately notify SHPO and SCPRT of the late discoveries.

The construction project manager must immediately establish a reasonable 50 to 100 foot buffer around the cultural materials. The buffer must be flagged by appropriate personnel, and all project personnel notified by the grant recipient. No land altering activities will be allowed within this buffer zone until a course of action has been established. The halt will afford the SHPO and SCPRT the opportunity to assess the situation and recommend a course of action within two business days of notification. Grant recipients may be responsible for costs incurred in handling unanticipated discoveries.

Executed by:

_________________________________________
Robert L. Lee
Division Administrator
Federal Highway Administration
_______
Date
 
_________________________________________
Marshall Johnson, Recreation Assistance Manager
South Carolina Department of Parks,
Recreation, and Tourism
_______
Date
 
_________________________________________
Rebekah Dobrasko
Review and Compliance Coordinator
South Carolina State Historic Preservation Office
_______
Date
Updated: 02/12/2014
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