Draft. WHEREAS, the MDT participated in the consultation and has been invited to concur in this Programmatic Agreement; and

Transcription

1 Draft PROGRAMMATIC AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION AND THE MONTANA STATE HISTORIC PRESERVATION OFFICE AFFECTING HISTORIC ROADS AND BRIDGES IN MONTANA WHEREAS, the Federal Highway Administration, Montana Division (FHWA), proposes to make Federal funding available to the Montana Department of Transportation (MDT) for that agency s on-going program to construct or rehabilitate highways and bridges, and WHEREAS, the FHWA has determined that this federally-assisted program may have an effect upon a certain class of properties included in or eligible for inclusion on the National Register of Historic Places and has consulted with the Advisory Council on Historic Preservation (Council) and the Montana State Historic Preservation Office (SHPO) pursuant to Section of the regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f); and WHEREAS, the FHWA and the MDT have developed an Historic Preservation Plan (HPP) regarding roads and bridges and that document has been subject to review under 36 CFR and has been agreed to by FHWA, SHPO, and the Council; and WHEREAS, this Programmatic Agreement supercedes the original Agreement (implemented October 21, 2001) and the amendment to that Agreement (implemented December 15, 2003); and WHEREAS, the FHWA and MDT completed eight products stipulated in the 1997 Programmatic Agreement s Historic Preservation Plan and it amendments; and WHEREAS, the FHWA and MDT in consultation with SHPO has re-evaluated the 1997 HPP and its amendments to determine what procedures contained in the original Agreement and its amendments should be dispensed, revised and restated; and WHEREAS, the MDT participated in the consultation and has been invited to concur in this Programmatic Agreement; and WHEREAS, all references within this Programmatic Agreement are to the Council s regulations that became effective on January 11, 2001; NOW THEREFORE, the FHWA, the Council, and the Montana SHPO agree that the program addressed in this Programmatic Agreement shall be administered in accordance

2 with the following stipulations to satisfy the FHWA s Section 106 responsibility for all individual undertakings of the program. Stipulations The FHWA will ensure that the following measures are carried out: 1). FOR ROADS A) This Agreement will apply to all historic roads and trails constructed in Montana after B) The FHWA and MDT will complete the following stipulations in lieu of compliance with 36 CFR through C) Historic Highway Program 1) For those roadways built after 1859 under the jurisdiction of the MDT, the following program will be established: a) The Environmental Services Bureau will compile a list of ten (10) historic road segments in Montana that are significant for their engineering and associated features (i.e. bridges, roadside architecture, proximity to abandoned segments of historic road, etc.) (1). Appendix 1 includes a list of historic road segments identified in 1997 by the MDT for inclusion in this Agreement. (2). A segment is defined as a recognizable section of roadway that retains a significant portion of its original design features, alignment and associated features (i.e. roadside architecture, bridges, etc.) to meet National Register criteria for inclusion on the National Register of Historic Places. 2) The MDT historian in consultation with SHPO will identify the segments that will be included in this program by June 30, ) The draft list will be distributed to the FHWA, SHPO, MDT Highways and Planning Division Administrators, MDT District Administrators, and Preconstruction Bureau for comment before a final list is approved and implemented by this Agreement. 4) Where feasible, the MDT will seek to preserve or incorporate into the design as many of the historic features associated with the designated roadway that is possible based on current American Association of State Highway and Transportation Officials (AASHTO) standards. a. Context Sensitive Design i. The historic roadways and features associated with them will be considered under the guidelines

3 delineated in Saving Historic Roads: Design & Policy Guidelines (National Trust for Historic Preservation, 1998). ii. The use of design exceptions to minimize impacts to historic highway features that may be located within the right-of-way (R/W) or clear zone. b. The integration of existing historic road features into the proposed roadway. For example, the relocation of certain objects (i.e. concrete R/W markers and retaining walls) to correspond with proposed R/W limits. 5) This component of the Agreement will not interfere with the MDT s mandate to provide safe and efficient roadways for the traveling public. 6) The public will be invited to comment on the proposed undertaking when HPP involvement is included. Public comments will be solicited through regular MDT procedures as part of the NEPA process as specified in 36 CFR (c)(1) 7) If a road designated for this program is dropped from consideration and impacts to it would result in adverse effect as defined in 36 CFR 800.9(b), it will be mitigated in the following manner: (a). (b) The facility will consult with the National Park Service to determined the level of documentation necessary for the proposed roadway. The roadway would be documented to Historic American Engineering Record (HAER) standards. This will include the roadway, its accompanying features (bridges, culverts, retaining walls, etc.) and any historic roadside architecture specifically associated with the facility (motels, drive-in restaurants and theaters, service stations, etc.). (i). This program will occur only on those roads previously selected for this project. It will not include all primary and secondary roads within Montana. (ii). The HAER document (or its equivalent) will be provided to the SHPO, Montana Historical Society, Montana State University Bozeman, and to local historical museums and societies within the area where the project occurs. 8) If the undertaking is approved by the MDT and FHWA, the Environmental Services Bureau will acquire the agreements or permits with other affected county governments and/or state agencies when necessary. When a segment of designated historic roadway is programmed for widening or reconstruction, the Preconstruction Bureau will notify the Environmental Services prior to the Preliminary Field Review.

4 D). The MDT will continue to record and assign Smithsonian trinomial site numbers to segments of historic-age trails, roads and highways located within the Area of Potential Effect (APE) of MDT s undertakings that are not included on the list described in Part 1(a) above. Where particular trail, road, and highway features involve features of historic significance on a statewide or national level, the MDT will consult with SHPO to develop a plan to avoid or incorporate the property into the agency s undertaking as specified in Part 4 of this Agreement. (1) The road segments would be treated as minimally defined linear sites within each county. E).The MDT will provide funding for the installation of five roadside interpretive markers describing the history and significance of pre-1913 trails and roads that are adjacent to Montana s existing primary and secondary highway system. The marker locations will be determined by MDT in consultation with SHPO. F). The MDT will nominate the Point of Rocks Segment of the Mullan Military Road (24MN133) and adjacent abandoned Milwaukee Road Railroad grade to the National Register of Historic Places by December 31, ) The MDT will install interpretive markers about the Mullan Military Road at the I-90 Dena Mora Rest Area and the parking area located adjacent to the road segment at MP 72 on I-90. G). The MDT will nominate a 45-mile segment of old U.S Highway 91/Recreation Road in Lewis and Clark and Cascade counties to the National Register of Historic Places by December 31, ). The nominated segment of roadway will begin at Milepost 0.0 (I-15 Spring Creek Interchange) and proceed northerly 31 miles to Milepost 31± (I-15 Hardy Creek Interchange) 2) The MDT will install roadside signs at each end of the nominated segment identifying it as Old U.S. Highway 91 Historic District. 3) The MDT will install five interpretive markers within the historic district detailing the history and significance of the U.S. Highway 91 to the development of southwestern and central Montana. H). The MDT will nominate one historic trail or road segment to the National Register of Historic Places every five years beginning in I). The MDT will revise and expand its 1993 publication, Roads to Romance: The Origins and Development of the Road and Trail System in Montana, by December 31, J). In consultation with FHWA, the MDT will develop an Interstate Highway context for Montana and include the identification and recordation of certain defined elements that are at least 50 years old, possess national Significance, and meet

5 the National Register s eligibility criteria (36 CFR part 63) on the state s Interstate system. 1). The historic context and identification of historic resources associated with the Interstate system in Montana will be completed within the time period specified by FHWA 2). The identification and recordation process will be completed to the standards developed by the Council and FHWA. K). The MDT will provide $5,000 as partial sponsorship of the annual Mullan Day commemoration to be held in Helena in May FOR BRIDGES A) The MDT will develop a Statewide Bridge Database/GIS in consultation with the Montana SHPO and the Montana State Library s Natural Resource Information System (NRIS) program. a. Information included in the database would include locations, Smithsonian trinomial numbers, photographs, bridge types, short narrative descriptions and histories of each bridge included on the database. b. The production and maintenance of the database would encourage multiagency participation, including the Forest Service, National Park Service, U.S. Bureau of Land Management, Bureau of Reclamation, and the Bureau of Indian Affairs. c. Information included on the database would be available to the public and other agencies on the Montana State Library s NRIS website. B) The MDT in consultation with SHPO will develop Multiple Property Documents (MPD s) for steel truss, reinforced concrete, steel stringer, girder, and timber bridges in Montana. a. The MDT will submit the MPD s to SHPO as they are completed. b. The MPD s will provide the base against which the historic bridges are evaluated against the National Register of Historic Places (NRHP) criteria, specifically, 36 CFR part 63. C). D). The FHWA and MDT will comply with 36 CFR through in regard to determining eligibility of historic-age bridges. The stipulations in the following section of the Agreement will apply only to those bridges determined eligible for the National Register of Historic Places (NRHP). For NRHP-eligible bridges, general considerations for preservation and rehabilitation have to be seriously considered in the MDT s planning process. a. Preservation and rehabilitation can include (but not be limited to) the salvage of historic components (i.e. trusses, masonry abutment walls, guardrails, etc. ) on new bridges, inclusion of new structural features that

6 closely approximate historic structural components and design of new bridges that are comparable to the historic bridge. E). F). For NRHP-eligible bridges that cannot be preserved or rehabilitated, the MDT will conduct the following mitigation: a. The MDT will consult with the National Park Service s Historic American Engineering Record (HAER) to determine the level of documentation necessary for the structure(s). b. If accepted by HAER, copies of the documents will be distributed to the Montana Historical Society, SHPO, the University of Montana s Department of Anthropology, Montana State University-Bozeman, and to local historical societies and/or museums. c. If not accepted by HAER, the documents will be provided to SHPO and the local historical society and/or museum. Adopt-A-Bridge Program. The MDT will initiate and promote an Adopt-A- Bridge program to find "new homes for old bridges" that have been designated for replacement for which rehabilitation is not economically or structurally feasible. a. The Adopt-A-Bridge program consists of the following: (i). All truss and steel girder bridges with a structural rating of three (3) or above will be considered for the program. b. Evaluation of the historic bridge for inclusion in the program will be made during the preliminary field review of the proposed project by the appropriate District Administrator, the MDT Bridge Bureau, and the MDT's Environmental Services Bureau historian. (i). The Bridge Bureau's recommendation will be based on the structural condition of the bridge and its suitability for relocation. (ii). The historian's recommendation will be based on the bridge's historic and/or structural significance. (iii). The SHPO will be notified of the bridge's selection to the Adopt- A-Bridge program and given thirty (30) days to comment. c. The MDT will prepare and distribute a brochure that provides information about the Adopt-A-Bridge program to the general public. (i). The brochure will be available through the MDT headquarters and each of the five district offices. Copies of the brochure will also be provided to the 56 Montana counties. It will also be distributed at public hearings where bridges eligible for the program are discussed. d. If deemed suitable to the program, the bridge will be advertised for adoption in the local newspapers, radio public service announcements (PSAs), and on the MDT's Internet website. (i). (ii). The historian will prepare the advertisement and submit it to the appropriate newspaper(s) at least ninety (90) days before the scheduled ready date for the project. The MDT will offer potential owners the demolition cost of the bridge as an incentive to adopt the historic structure. (a). If the bridge is to be relocated, then the demolition money can be applied to the move.

7 (b). (c). If the bridge will be adopted and left in-place, then the money must be applied to the restoration, rehabilitation or insurance liability for the historic structure. Where possible, the MDT will encourage the adoption of the bridge in-place. (iii). The Bridge Bureau will receive the responses to the advertisements and PSAs. e. The Bridge Bureau will contact potential interested owners of the historic bridge and request they provide the following information (in writing): the proposed location, intended use of the bridge when adopted and ability to assume the liability and responsibility of the bridge. (i). If it is determined that a potential recipient of an historic bridge intends to demolish it for its value as scrap metal, then he/she will be removed from further consideration. f. An FHWA representative, appropriate MDT District Administrator, Chief Bridge Engineer, MDT attorney and the MDT historian will select the new owner based on the written response received from Part E above and from criteria described in Attachment *. g. The new owner (2nd Party) must agree, in writing, to assume the liability for the historic bridge once he/she has taken possession of the structure. The MDT and/or County will not be held liable for the bridge once ownership has been transferred to the 2nd Party. A sample copy of the agreement is included as Attachment *. h. If the bridge will be relocated, the 2nd Party must remove the bridge from the construction site within 30 days of notification by the MDT Project Manager. The 2nd Party will be provided with the demolition funds for the move once the MDT Bridge Bureau has been notified by the Project Manager that the bridge has been removed from the construction site and relocated. (i). (ii). (iii). The 2nd Party must maintain the bridge and the features that give it its historic significance. The 2nd party must assume all future legal and financial responsibility for the bridge, which may include an agreement to the MDT harmless in any liability action. The 2nd Party will permit access to the relocated bridge by the MDT historian for up to ten years for follow-up documentation purposes. (a). The MDT will notify the 2nd Party of any inspection of the bridge ten working days before the visit. i. If the bridge is left in place, the 2nd Party will be provided the demolition funds for the property transferal once documentation has been received by the District Administrator, Bridge Bureau and historian detailing plans for restoration or rehabilitation and the agreement has been executed. j. The 2nd Party will be responsible for securing all necessary permits and easements from the appropriate federal and state agencies (i.e. Army Corps of Engineers, Montana Department of Natural Resources and Conservation, etc.). k. No demolition funds will be provided to the second party until they have assumed the liability and responsibility for the bridge. l. The MDT historian will conduct HAER-level documentation of the bridge prior to its adoption. m. The MDT will be responsible for removing the abutments and piers and the clean-up of the old bridge site (if necessary).

8 (i). If the abutments are determined structurally significant, they will be left in place. (a). The MDT will make that determination on a case-by-case basis. n. If the Adopt-A-Bridge program is proven to be ineffective in its purpose to preserve historic bridges under public or private ownership when left in place or at alternate locations, then it will be revised through consultation between the FHWA, ACHP and SHPO. G). H). Historic Bridge Rehabilitation Program a. The program will apply to state-administered on-system bridges and county or city maintained off-system bridges. 1). On-system bridges will be chosen for the program by the MDT Bridge Bureau and District Administrators. (i) The public will be solicited for its input in the selection process through advertisements in local newspapers. 2). Off-System bridges will be chosen for the program by the appropriate city and county governments in consultation with the MDT Bridge Bureau and District Administrators. b. The list will initially include 25 bridges (5 bridges from each of the MDT s five administrative districts). c. When a bridge included on the rehabilitation list is scheduled for XXXXXX, it will be programmed as a rehabilitation project rather than a replacement project. d. The rehabilitation project will meet the Secretary of the Interior s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 1). The design will be reviewed by the MDT historian and submitted to SHPO under 36 CFR e. If a bridge on the list cannot be rehabilitated because of structural condition or unforeseen economic factors, then another bridge must be selected under the provisions of 2(G)(a) of this Agreement to replace it. f. Once a listed bridge is rehabilitated, then another NRHP-eligible bridge would be selected to take its place on the list. g. When a rehabilitation project has been completed, the MDT will nominate the structure to the National Register of Historic Places and provide an interpretive sign describing the history and significance of the bridge along with details acknowledging the rehabilitation project. h. The MDT will develop the rules and procedures administering the Historic Bridge Rehabilitation Program by December 31, 2006 and submit them to SHPO for comment. The program will be implemented by June 30, i. Attachment * consists of a list of bridges tentatively selected for this program. The MDT will encourage use of Community Transportation Enhancement Program (CTEP) and Treasure State Endowment Program (TSEP) funds for the rehabilitation of NRHP-eligible bridges rather than removal or, at the very least, relocation and reuse of the structure when possible.

9 I). J). The MDT will update the site forms for the removal, relocations, etc. of historic bridges impacted by its programs. a. That information will be submitted to the SHPO in a letter report that includes before and after photographs. The MDT will sponsor an historic bridge workshop or seminar every 2 to 4 years beginning in a. The workshops/seminars will address issues associated with the preservation and rehabilitation of historic bridges. It will also encourage thinking of rehabilitation in some cases rather replacement. 3. EDUCATIONAL OUTREACH PROGRAMS A). B). C). D). E). The MDT will expand its historical marker program into the MDTadministered rest areas to concentrate specifically on Montana s transportation history. a. Attachment * is a list of ten initial rest area sites and subject matter proposed under this stipulation. b. The first interpretive marker will be installed at the Interstate 90 Dena Mora Rest Area and describe the history and significance of the Mullan Military Road to west central Montana. (i). The first marker will be installed in the summer of The MDT will update and republish (with the MHS or other publisher) the publication Montana s Historical Highway Markers as soon as the current print run of the volume has been exhausted. The MDT will develop a history of MDT PowerPoint presentation and make it available to the public. a. The presentation will be completed by March 31, The MDT will distribute its compilation of historical highway maps to appropriate schools and agencies by June 30, As other transportation-related programs become known, the MDT will evaluate and perhaps participate in them when funding permits. 4. PROGRAMMATIC AGREEMENT PROGRESS REPORT A). B). The MDT will complete and distribute a biennial report providing a stipulation-by-stipulation accounting of the progress of this Agreement. The report will be provided to the signatories to this Agreement and interested members of the public upon request.

10 C). The first report will be due two years after the implementation of this Agreement. 5. This Programmatic Agreement will remain in force unless Stipulation 8 of this Agreement is invoked. 6. The Council and SHPO may monitor activities carried out pursuant to this Programmatic Agreement, and the Council will review such activities if so requested by a signatory to this Agreement or by a member of the public. FHWA will cooperate with the Council and the SHPO in carrying out their monitoring and review responsibilities as stipulated in 36 CFR Any party to this Programmatic Agreement may request that it be amended, whereupon the parties consult in accordance with 36CFR to consider such an amendment. 8. Any party to this Programmatic Agreement may terminate it by providing, in writing, forty-five (45) days notice to the other parties, provided that the parties will consult during the period prior to termination to seek arrangement on amendments or other actions that would avoid termination. In the event of termination, FHWA will comply with 36 CFR Part through with regard to individual undertakings covered by this Programmatic Agreement. 9. Should the Montana SHPO object within sixty (60) days to any action proposed pursuant to this Historic Preservation Plan, the FHWA shall consult with the objecting party to resolve the objection. If the FHWA determines that the objections cannot be resolved, the FHWA shall forward all documentation relevant to the dispute to the Council. Within thirty (30) days after receipt of all pertinent documentation, the Council will either: 1. provide the FHWA and Montana SHPO with recommendations, which the FHWA and Montana SHPO will take into account in reaching a final decision regarding the dispite; or 2. notify the FHWA and Montana SHPO that it will comment pursuant to 36 CFR 800.6(b), and proceed to comment. Any Council comment provided in response to such a request will be taken into account by the FHWA and Montana SHPO in accordance with 36 CFR 800.6(c)(2) with reference only to the subject of the dispute; the FHWA and MDT s responsibility to carry out all actions under this Historic Preservation Plan that are not the subjects of the dispute will remain unchanged. 10. At any time during implementation of the measures stipulated in this Agreement, should any objection to any such measure or its manner of implementation be raised by a member of the public, the FHWA shall take the objection into account

11 and consult as needed with the objecting party, the SHPO or the Council to resolve the objection. 11. In the event that the FHWA does not carry out the terms of this Programmatic Agreement, the FHWA will comply with 36 CFR through with regard to individual undertakings covered by this Programmatic Agreement. Execution and implementation of this Programmatic Agreement evidences that the FHWA has satisfied its Section 106 responsibilities for all individual undertakings of the program. MONTANA DIVISION, FEDERAL HIGHWAY ADMINISTRATION By: Date: ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: MONTANA STATE HISTORIC PRESERVATION OFFICER By: Date: CONCUR: MONTANA DEPARTMENT OF TRANSPORTATION By: Date: