NEPA Assignment and the 2020 Section 106 Programmatic Agreement Sample Clauses

NEPA Assignment and the 2020 Section 106 Programmatic Agreement. On January 3, 2018, ADOT and FHWA entered into a Memorandum of Understanding (MOU) pursuant to 23 U.S.C. 326 that assigned to ADOT the responsibility for all environmental review for projects classified as Categorical Exclusions. ADOT and FHWA entered into an MOU pursuant to 23 U.S.C. 327 that assigns environmental review responsibility to ADOT for all projects not included in the 326 MOU and with the exception of except those specifically excluded in the 327 MOU (Z:\ENV\NEPA Assignment\MOUs\327 NEPA Assignment Application Files). Other projects that remain with FHWA include those projects that cross state and international boundaries. Execution of the 327 MOU occurred on April 16, 2019. As a result of the responsibility for environmental review, including Section 106 review, being assumed by ADOT, the 2015 PA has been replaced with a new PA on September 23, 2020 that addresses the changed roles of both ADOT and FHWA in the Section 106 process. The 2020 PA maintains the same structure and program alternative as the 2015 PA, but identifies ADOT as the lead federal agency. This Section 106 PA Manual is written to serve as a direction for implementing the 2020 PA [Z:\ENV\9152\H_P_T\2020 Section 106 PA]. The document also provides guidance and procedures for federally funded projects and activities that do not fall under the PA. It is important to note that a Program-funded project may be located within lands of various jurisdictions: • within ADOT ROW that is easement from a Tribe and/or land managing agency that are signatories to the PA, • within ADOT ROW that is easement from a Tribe and/or land managing agency that are not signatories to the PA, • within ADOT-owned ROW, • outside of ADOT ROW, on lands that are owned or managed by private entities, Tribes, or agencies. Regardless of jurisdiction, any project may be within lands that are of interest in terms of Tribal consultation. As a result, HPT Staff will follow the standard Section 106 review process for the lands not owned or managed by agencies that have signed the PA as well as all Tribal consultation. No Tribes elected to sign the PA. 2020 Programmatic Agreement Signatories and consulting parties include: • Advisory Council on Historic PreservationArizona Department of Transportation • Arizona State Land Department • Arizona State Parks & Trails • Arizona State Historic Preservation Office • Arizona State Museum • Bureau of Indian Affairs, Western Regional OfficeBureau of Land ManagementBu...
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