PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE NARRAGANSETT TRIBAL HISTORIC PRESERVATION OFFICER,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
REGARDING IMPLEMENTATION OF THE FEDERAL TRANSPORTATION PROGRAM
IN RHODE ISLAND
JUNE, 2000

WHEREAS, the Federal Highway Administration (FHWA) is the federal agency with statutory responsibilities for administering the federal-aid highway program under Title 23 U.S.C. Highways, and agrees to coordinate under a government-to-government relationship with federally recognized tribal governments in carrying out its activities under Title 23 and other applicable federal statues, and

WHEREAS, the FHWA: (1) has determined that undertakings may have an effect upon properties included in or eligible for inclusion in the National Register of Historic Places; (2) has consulted with the Advisory Council on Historic Preservation (Council), and the Narragansett Indian Tribal Historic Preservation Officer (NITHPO) pursuant to Section 800.13 of the regulations (36 CFR 800) implementing Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470f); (3) wishes to conduct its programs in a manner consistent with 36 CFR 800; and (4) intends to integrate its historic and archaeological preservation planning and management decisions with other policy and program requirements to the maximum extent possible consistent with Section 110 of the NHPA; and

WHEREAS, 36 CFR Part 800 encourages Federal Agencies to efficiently fulfill their obligations under Section 106 of the National Historic Preservation Act through the development and implementation of cooperative programmatic agreements; and

WHEREAS, the Council and NITHPO have participated in the consultation and has been invited to sign this Programmatic Agreement (PA); and

WHEREAS, FHWA is committed to the design and construction of transportation systems that: (1) achieve a safe and efficient function appropriately placed within the Rhode Island context; (2) avoid, minimize and mitigate adverse effects on historical and cultural resources; (3) recognize that investment in these historic, archaeological, and cultural resources is critical to Rhode Island=s continued growth and prosperity; and (4) respond to the needs of Rhode Island communities and the Narragansett Indian Tribe; and

WHEREAS, FHWA, the Council, and NITHPO aspire to engage in meaningful, long term planning for the protection of historic and archaeological properties and, toward that end, desire to: (1) develop a comprehensive and efficient process for all Section 106 undertakings; (2) simplify procedural requirements to the maximum extent possible; (3) eliminate unnecessary paperwork; (4) reduce the role of NITHPO to the minimum extent required; (5) devote a larger percentage of time and energies identifying relevant problems threatening historic and archaeological properties; and (6) create innovative programs to address those problems.

NOW, THEREFORE, FHWA, the Council, and NITHPO hereby agree that the transportation undertakings defined in Appendix A have been determined by all parties to have "no effect" on cultural resources in Rhode Island pursuant to 36 CFR Part 800.

STIPULATIONS

1. Applicability. This PA applies to all projects that are funded by the FHWA.
2. Professional Qualifications. All non-NITHPO historical preservation work carried out pursuant to this agreement will be performed by or under the direct supervision of a person or persons meeting the Secretary of Interior's Qualification's Standards, 48 FR 44738-9, for the discipline(s) required to complete the necessary work.
3. Dispute Resolution. Should any party to this agreement object within 30 days to any actions proposed pursuant to this agreement not covered by Section 5 (Supplementary Review), FHWA and the objecting party shall consult to resolve the objection. If the objection cannot be resolved, FHWA shall request comment from the Council pursuant to 36 CFR 800.6(b). Any Council comment provided in response to such a request will be taken into account by FHWA in accordance with 36 CFR 800.6(c)(2) with reference only to the subject of the dispute. The responsibility of FHWA to carry out all actions under this agreement, other than those that are the subject of the dispute, will remain unchanged.
4. Other Projects. In reference to projects not specifically listed in this agreement, the FHWA will contact and consult with NITHPO for on potential effects derived from planned highway transportation projects. The FHWA will administer projects such that concerns of the tribe will be properly addressed and that the tribe will be a full partner in the resolution of its concerns.
5. Amendment. Any party to this agreement may request that it be amended, whereupon the parties will consult in accordance with 36 CFR 800.14 to consider such amendment. The responsibility of FHWA to carry out all actions under this agreement, other than those subject to the amendment, will remain unchanged.
6. Right to Terminate. Any party to this PA may terminate for cause by providing thirty (30) days written notice to the other parties, provided that the parties will consult during the period before termination to seek agreement on amendments or other action that would avoid termination. In the event of termination, the FHWA shall comply with 36 CFR 800 with regard to the individual undertakings covered by this PA.
7. Duration. This Programmatic Agreement will be in effect for three years from the date of execution, with renewal upon agreement by all parties.

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EXECUTION AND IMPLEMENTATION of this Programmatic Agreement evidences that the FHWA has satisfied its Section 106 responsibilities for the undertakings subject to this Agreement.

APPENDIX A

UNDERTAKINGS WITH "NO EFFECT"
INVOLVING CONSTRUCTION WITHIN EXISTING RIGHT-OF-WAY
DRAFT NITHPO

PAVEMENT RELATED:

Definition

• Removing layers of Asphalt road (Asphalt pavement milling) and then resurfacing the existing roadways without other geometric changes. Existing subbase and original ground remains under the roadway.
• Sidewalk replacement in kind with no additional excavation outside disturbed area. Work occurs in disturbed ground and is general less than two (2) feet deep. (Mostly done in urban areas)

MAINTENANCE RELATED:

Defnition

1. Pavement repairs including joint repairs, patching and crack sealing of roads where the contract does not disturb existing subbase and the original ground remains.
2. Re-striping lines (all type of pavement markings) on roads where they previously existed and new striping when necessary to conform to the Manual on Uniform Traffic Control Devises (MUTCD).
3. Bridge painting of all types of bridges where the contract does not disturb existing subbase and the original ground remains.
4. Bridge and other structure repairs or shoring where the contract does not disturb existing subbase and the A, B, C soil horizons have been previously removed.

SIGNING RELATED:

Definition

1. Installation and replacement of signs - replacement of existing signs in-kind. Installation of driven foundation posts 6" or less in diameter for signs. Drilled shaft foundations generally to a maximum diameter of 36" in areas where the A,B,C soil horizons have been previously removed.

ROADSIDE SAFETY RELATED:

Definition

1. Repair, replace or upgrade existing guard rail on highways where the contract does not disturb the original ground and generally is driven less than 4 feet deep where A,B,C soil horizons have been removed.
2. Install or replace impact attenuators on highways where the contract does not disturb existing subbase and the original ground remains..
3. Replacement of median barriers on highways where the contract does not disturb existing subbase and the original ground remains.

TRAFFIC MONITORING RELATED:

Definition

1. Installation and upgrading of traffic signal poles with drilled shaft foundations in original ground where A,B,C soil horizons have been removed.
2. Installation and replacement of lighting with drilled shaft foundations in original ground where A,B,C soil horizons have been removed.
3. Installation of highway monitoring systems including loop detectors (or other types of sensors), cameras, radio systems, variable message signs where the contract does not disturb existing subbase and the original ground remains.

TRANSPORTATION ENHANCEMENT RELATED:

Definition

1. Streetscape improvements including benches, decorative lighting, textured crosswalks, transit shelters, and containerized plantings where the contract does not disturb existing subbase in original ground where A,B,C soil horizons have been removed.
2. Rehabilitation of historic structures where the contract does not disturb existing subbase in original ground where A,B,C soil horizons have been removed.
3. Rehabilitation of historic transportation equipment such as railroad locomotives, rail cars, and canal boats.
4. Purchase of scenic easements or abandoned rail corridors where no construction activity is planned. Resale of scenic easements are not a part of this agreement.
5. Establishment of transportation museums and visitors centers that do not contain any Indian components where the contract does not disturb existing subbase and/or the where the A,B,C soil horizons have been previously removed.

MISCELLANEOUS:

Definition

1. Emergency repairs under 23 USC 125 generally as the result of a disaster over a wide area such as by flood, hurricane, earthquake, severe storm, or catastrophic failure from any external cause.
   

   NITHPO will be advised of emergency work to be undertaken. FHWA will notify and consult with NITHPO for emergency work.

2. Alterations to meet the American Disabilities Act (ADA) requirements where the contract does not disturb existing subbase and the original ground remains and excavation is generally less than two (2) feet deep.