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Suggested Citation:"4. Conclusion." National Academies of Sciences, Engineering, and Medicine. 2021. Improving the Efficiency and Consistency of Section 106 Compliance for State DOTs: Strategies for Project-Level Programmatic Agreements. Washington, DC: The National Academies Press. doi: 10.17226/26379.
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Page 44

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44 This State of Practice Report provides state DOTs, FHWA, SHPOs, and THPOs with an analysis of the common challenges and effective practices related to the development and execution of project-level PAs. Until now the full range of how state DOTs use project-level PAs was not well documented. This report analyzes the use of project-level PAs to better understand current approaches to their development and identify best practices based on input from questionnaire respondents, interviewees, and analysis of PAs collected from across the country. Expected benefits of this State of Practice Report include the following: • Expanded use of this type of agreement by state DOTs. • Encourage DOTs who are not using these agreements to consider whether they might meet the needs for their future projects. • Improve the quality of project-level PAs in the following ways: o Identifying the knowns and unknowns about historic properties and effects. o Using effective and clear language in the PA. o Working with Section 106 consulting parties, including Tribes, THPOs, and Native Hawaiian Organizations. o Fulfilling agency commitments including mitigation and contractual obligations. o Developing effective administrative stipulations. o Tailor the Section 106 process to meet expedited schedules and timelines and consider historic properties as early as possible in project coordination. This report provides a summary of observations, common challenges, and effective solutions that DOTs and other agencies should consider when embarking upon the development of project-level PAs. Experienced practitioners and those who are new to these types of agreements should use this report to apply practical, common sense solutions to preserve, avoid, minimize, and mitigate effects to historic properties over the life of a project.

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Project-level Programmatic Agreements (PAs) streamline and expedite the environmental review process and provide departments of transportation with greater flexibility in decision making regarding adverse effects to historic properties and defining appropriate mitigation.

The TRB National Cooperative Highway Research Program's NCHRP Web-Only Document 311: Improving the Efficiency and Consistency of Section 106 Compliance for State DOTs: Strategies for Project-Level Programmatic Agreements provides state DOTs, FHWA, SHPOs, and Tribal Historic Preservation Officers with an analysis of the common challenges and successful practices related to the development and execution of project-level PAs.

A dataset is provided as supplemental to the report.

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