NEW Statewide Section 106 Programmatic Agreement…

MoDOT Historic Preservation has updated and executed the Statewide Section 106 Programmatic Agreement (PA). This Agreement delegates the authority to make determinations under Section 106 to MoDOT from FHWA. The Agreement also allows for certain project types to go through the Section 106 process with limited review as they are unlikely to affect historic properties.

Major changes to the PA are listed below but is not all inclusive, a more details summary is linked here as well as the PA linked here .

• All historic preservation work needs to have direct, in-field supervision by SOI qualified individuals for the resource being considered moving forward.
• Categories Excluded have been removed from the body of the PA and added to Appendices; activities listed under Categories Excluded have changed.
• Projects that have undergone review under the previous PA will retain their clearance unless the project changes. Any project changes require a new assessment under the current PA and can go from cleared to pending if that activity is no longer covered.
• The buffer surrounding encountered human remains has increased. The timeline for notification of the tribes has decreased.
• There are new meeting and report requirements for MoDOT, FHWA and tribes.
• Reports sent to tribes will get 30-day review period, regardless of when the SHPO letter is received. Tribal and SHPO review will occur concurrently. Any Tribal comment on the reports will need to be addressed and will reset the 30-day review period.