Section 106 Programmatic Agreement for Virginia’s Transportation Program

What Is It? 

“Programmatic agreements” (PA) are contracts that define the way agency programs are carried out. 

This PA defines how the Virginia Department of Transportation (VDOT) consults with other parties concerning the potential effects on historic properties of federally-funded or licensed transportation projects in the commonwealth for compliance with Section 106 of the National Historic Preservation Act of 1966, and its regulation, 36 CFR 800. 

The most notable features of this PA:

  • The ability of VDOT to act as the federal agency in certain aspects of Section 106 consultation
  • The ability of federally-recognized Indian tribes to enter into separate agreements with the signatory agencies reflecting their interests in the commonwealth’s transportation program
  • Procedures to expedite the consultation process for minor projects not affecting historic properties
  • Public outreach commitments for defining Virginia’s historic bridges
  • Procedures to expedite Section 106 consultation in emergency response
  • Standards for reporting, unexpected discoveries, and the treatment of human remains

Agencies Involved 

Primary participants include:

  • VDOT
  • The Federal Highway Administration
  • The U.S. Army Corps of Engineers
  • The Tennessee Valley Authority 
  • The federal Advisory Council on Historic Preservation
  • The Virginia State Historic Preservation Officer (director of the Virginia Department of Historic Resources) 

A final PA was executed on Aug. 2, 2016. The final PA included comments from the public on the draft PA as well as suggestions from signatory agencies. 

Annual PA Meeting: In accordance with Stipulation III.D.2 an annual meeting among the PA signatory agencies to review the implementation of the PA will be held on Thursday, Aug. 27, 2020, from 10 a.m. to noon. 

The meeting will be held via conference call. Find the meeting agenda and call-in information here.  Members of the public are invited to participate in the call.  A copy of the Annual Monitoring Report for 2019 is available here.

Questions or comments? a.opperman@vdot.virginia.gov.

In accordance with PA stipulation II.A.4 , VDOT posts a monthly list of minor projects it has determined will not affect historic properties. 

That list will be available below by the end of the 5th business day each month.

Page last modified: Dec. 5, 2023