Caltrans Programmatic Agreement
The performance measures are based on the steps of the Section 106 procedure in the sense of 36 CFR 800 and in the programmatic delegation agreement signed in January 2004 between FHWA, Caltrans, SHPO and the Advisory Council on Historical Preservation. In 1995, FHWA, Caltrans, SHPO and ACHP reached a programmatic agreement on programmatic implementation of NHPA Section 106 compliance under the California Seismic Retrofit of Bridge Structures Program, which is considered an emergency program. Since the implementation of the Retrofit Earthquake program, public and toll bridges have been modernized, but the local Bridge Seismic Safety Retrofit Program is still in effect. Given that the federal provisions for 36 CFR Part 800 have changed since 1995, this agreement replaces the retrofit seismic agreement and updates the applicable provisions that provide for accelerated compliance to comply with the rules in force in 36 CFR Part 800 and are inserted in Appendix 7 of this agreement. Caltrans complies with the provisions of this agreement to determine the potential of the seismic upgrade project, to influence historical properties. This provision remains in effect until CSO informs the SHPO, ACHP and other parts of the Board that all actions have been completed under the local Bridge Seismic Safety Retrofit Program or that this contract has been terminated. The PBO was published by usFWS in January 2017 in response to a programmatic biological assessment (PBA) conducted by MaineDOT. After many years of preparing separate ABs, assessing the foreseeable effects and implementing similar mitigation measures, and concluding separate consultations in accordance with Section 7, which lasted an average of six to nine months, ODOT and FHWA turned to the US FISH and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) for a programmatic approach to section 7 these species. Taking advantage of the collaborative and problem-solving spirit, Set up in recent years between ODOT staff biologists, of FHWA, USFWS and NMFS, the agencies agreed on a series of procedures and instruments for the implementation of the Federal Highway Administration`s (FHWA) National End Species Act (ESA) Section 7 and the consultation of the Magnuson Stevens Act (MSA) with NMFS and USFWS. The consultation of FAP programmes for motorway projects has resulted in two biological assessments (BO), one from USFWS and the other from NMFS, which provide ESA coverage for most FAHP-funded motorway projects managed by ODOT. To qualify for the FAP program board, the project must: FAP program counselling would not be possible without trust between participating agencies over time.
The success allowed NMFS and USFWS to refer responsibility for the approval of a large portion of the projects to FHWA. As part of the program, MaineDOT agrees to design and implement a standard, mutually agreed procedure, including prevention and minimization measures and mitigation practices. Because the actions are standardized, the USFWS verification time will be significantly reduced, which will also reduce the delivery time and cost of completing the project by significantly improving predictability for both MaineDOT and USFWS. Results-based design standards, agreed by ODOT, FHWA, NMFS and USFWS, which have benefits for species and their habitats, are key to the success of the FAHP program. Some examples of these results-based design standards are presented in Table 1. According to ODOT, 134 programming projects were completed at the end of 2015, 77 of which were completed or under construction. About half of these projects were local agency projects and just over half of the projects needed FHWA approval with NMFS notification.