Program Comment for Common Post-1945 Concrete and Steel Bridges

A program comment issued by the ACHP provides an alternative method for Federal agencies to meet their Section 106 obligations. Program comments are one of five program alternatives available under the regulations implementing Section 106 that allow agencies to tailor Section 106 review to meet the needs of the agency. This tool is intended to give the ACHP flexibility to issue comments on a Federal program or class of undertakings in lieu of commenting on such undertakings on a case-by-case basis. Section 800.14(e) of the Section 106 regulations (36 CFR Part 800) sets forth the process for issuing such comments. Since 2002, the ACHP has issued 11 program comments. This is the first Program Comment issued by the ACHP at the request of FHWA.

No. The Program Comment is not a waiver from Section 106 review for undertakings that may affect common bridges or other historic properties. Neither is it a waiver from applicable Federal requirements to consult with Indian tribes or Native Hawaiian organizations (NHO) regarding undertakings that may cause effects to historic properties to which a tribe or NHO ascribes traditional cultural and religious significance. Federal agency officials must still complete Section 106 review and consider effects of the undertaking on historic properties other than the common bridge itself. Much like the 2005 exemption from review for the Interstate Highway System, the Program Comment for common Post-1945 bridges relieves Federal agencies from the need, under Section 106 to individually evaluate and consider the effects of undertakings on the bridges described in Section V of the Program Comment (Common Bridges), with the considerations noted in Section IV.

Yes. The Program Comment applies to certain common bridges regardless of land jurisdiction, except for bridges on Indian tribal lands, and may be used by any Federal agency. However, it can only do so in a state in which the FHWA has completed the list of exceptional bridges required in Section IV.C. Once this list has been completed and filed with FHWA's Federal Preservation Officer, common post-1945 bridges of the types defined in Section V require no further consideration, provided (1) they are not on the FHWA list of bridges of exceptional significance, and (2) prior to implementation of the undertaking, the Federal agency official determines, based on the work of a qualified cultural resource specialist, that the bridge does not meet any of the other considerations under Section IV.A or B. (See Questions 10-17 for further discussion on how the Section IV.C list should be developed.)

Where the state Division of FHWA has not yet developed the Section IV.C list, Federal agencies wishing to apply this Program Comment to undertakings in which FHWA is not the lead agency may contact the FHWA environmental staff at the appropriate State Division Office so that it can assist in developing the Section IV.C list. In addition, Federal agencies may seek assistance as needed from the FHWA and/or ACHP contacts in Question #19 below.

Yes. FHWA, or another Federal agency within a state, is not required to use this Program Comment. Federal agencies that choose not to use this Program Comment must comply with Section 106 through the process in the Section 106 regulations at 36 CFR 800.3 through 800.6 or another existing program alternative under 36 CFR 800.14. During the comment period, several States indicated that they would prefer to continue managing historic bridges using an existing Historic Bridge Management Plan and Programmatic Agreement (PA). This approach is acceptable.

No. If a bridge is listed in or has previously been determined eligible for the National Register of Historic Places or is located adjacent to or within a National Register historic district, the agency may not utilize this Program Comment with regard to that bridge.

States may apply the Program Comment to any bridges in the state that have been determined not eligible for the National Register of Historic Places or are not yet evaluated. FHWA and the ACHP will work with States that wish to apply the Program Comment to post-1945 common bridges that were deemed eligible, but are not of exceptional significance as described in Section IV.C of the Program Comment. Existing agreements may be updated to extend the benefit of the Program Comment to certain bridges already determined eligible, but not of exceptional significance, through an amendment of that agreement in consultation with FHWA (or another Federal agency), the State Historic Preservation Officer, and the ACHP. A state may also utilize information from a current survey to develop its Section IV.C list.

Yes. As mentioned above, a program comment is an alternative that an agency may use to comply with its Section 106 responsibilities for a relevant undertaking. Agencies are free to comply with Section 106 through the process in the Section 106 regulations at 36 CFR 800.3 through 800.6 or another existing program alternative under 36 CFR 800.14 (e.g., an applicable statewide PA) instead.

Note that bridges that are listed in or determined to be eligible for the National Register are not covered by the streamlined procedures in the Program Comment, and therefore an undertaking's effects on them would need to be considered through the other Section 106 options of compliance listed above.

Keep in mind, FHWA and other agencies may apply the Program Comment to common post-1945 concrete and steel bridges that are not yet evaluated for eligibility, provided the Division has completed the requirements of Section IV.C of the Program Comment and the bridge is of the types covered.

Yes. Under the Program Comment, a common bridge is defined as a common post-1945 bridge or culvert of a type identified in Section V. Section V of the Program Comment specifically includes culverts and reinforced concrete boxes, including concrete box culverts, concrete pipe culverts, and steel pipe culverts.

Presently, Department of Transportation agencies must comply with the requirements of Section 4(f) for any project affecting a property listed or eligible for inclusion in the National Register of Historic Places. This Program Comment does not change that responsibility; however, FHWA is currently pursuing several options that would extend the programmatic benefits to the Section 4(f) process for the bridges covered under the Program Comment.

The Program Comment states: “Each FHWA Division wishing to apply the provisions of this Program Comment must organize a meeting of the relevant SHPO, DOT, and other interested parties in order to develop the list of bridges that meet the criteria considerations in IV.C. The list should be finalized and submitted to the Federal Preservation Officer of FHWA by March 31, 2013.” States are encouraged but not required to complete the list by March 31. They may develop and submit the list to the Federal Preservation Officer at any time. However, agencies are not able to apply the Program Comment to bridges in that state prior to doing so.

The FHWA Division office within a state is responsible for organizing the meeting required in Section IV.C of the Program Comment. Planning for the meeting may be delegated to a state DOT, however a representative of FHWA should participate in the meeting and be involved in developing the list of common bridges of exceptional significance. In addition, the list of bridges of exceptional significance must be transmitted from the FHWA Division to the Federal Preservation Officer (FPO).

Each FHWA Division wishing to apply the provisions of the Program Comment must organize a “meeting” of the relevant SHPO, DOT and other interested parties in order to develop the list of bridges that meet the criteria considerations in Section IV.C. The purpose of the meeting is consultation with knowledgeable and interested individuals, including the SHPO, to identify any readily known examples of common bridges with exceptional significance. FHWA has discretion regarding how best this meeting should occur and when.

The FHWA Division, in consultation with the state DOT and SHPO should make a reasonable and good faith effort to involve individuals and organizations with a particular interest in historic bridges in the required meeting. Parties concerned with the preservation of bridges who have participated in consultation on individual bridge projects, experts, statewide preservation organizations, and others should be provided sufficient notice and an opportunity to participate in the meeting to identify post-1945 bridges of exceptional significance. Divisions are also strongly encouraged to invite the participation of state or regional representatives of other Federal agencies who may wish to apply the Program Comment, as well as agencies that may own or have management responsibilities for common post-1945 bridges on Federal lands.

Yes. There may be a need to update or modify the list of exceptional bridges within a state based on new information, changes in the condition or integrity of an exceptional bridge, or to supplement the list with one or more exceptional bridges not previously considered (e.g., bridges on Federal lands when the Federal agency with jurisdiction was not consulted in developing the initial list). Any amendments to a state's Section IV.C list should be submitted to the FPO at FHWA to ensure it is posted on the supporting website.

No documentation is required in support of the list of exceptional bridges. It would be helpful to include a brief explanation of why a bridge was included in the list to inform future consultation regarding that bridge and for the benefit of other states that may be seeking guidance on the question, but the intent of Section IV.C is to identify such bridges without requiring additional research and documentation.

No. The list that is to be developed with the Division, DOT, SHPO, and other interested parties is for Section IV.C only (that is, for bridges that are of the common types identified, but have some sort of readily recognizable exceptional quality). For example, Oklahoma has identified only the common bridges on its four Scenic Byways as exceptional, thereby ensuring that those bridges will be reviewed individually rather than included in the Program Comment if/when a project that may affect them is proposed. The intent of the Section IV.C list is NOT to create a context or conduct a survey. A bridge on the Section IV.C list is not automatically deemed eligible, but the Program Comment would not apply to it, and instead it would be individually considered in the Section 106 process at 36 CFR 800.3 through 800.6 or another existing program alternative under 36 CFR 800.14 (e.g., a statewide PA).

No. The SHPO is required to be included in the meeting to identify any exceptional bridges for the Section IV.C list, the purpose of which is to provide the SHPO and others an opportunity to identify any post-1945 common bridges that should be excluded from the Program Comment. However, the decision about which bridges are included in the list per Section IV.C of the Program Comment rests with FHWA.

Once a state has completed and filed with FHWA's Federal Preservation Officer the list of exceptional bridges, as required in Section IV.C, any Federal agency wishing to apply the Program Comment in that state must still initiate and carry out Section 106 review for the proposed action in accordance with the applicable Section 106 process (i.e., the process at 36 CFR 800.3 through 800.6 or another existing program alternative under 36 CFR 800.14) in order to determine if other historic properties may be affected by the undertaking.

At the time a specific undertaking is proposed, the Federal agency official must also apply the considerations in Section IV.A, B, and C of the Program Comment to determine if the affected common bridge is (A) listed in or has previously been determined eligible for the National Register or is located adjacent to or within a historic district; or (B) is or includes spans of the following types: arch bridges, truss bridges, bridges with movable spans, suspension bridges, cable-stayed bridges, or covered bridges, or (C) is included in the list of exceptional bridges developed by the FHWA Division. If any one of the considerations applies to a potentially affected common post-1945 bridge, the Federal agency proposing the undertaking must individually consider effects to that bridge in the Section 106 review process. If none of the considerations apply, no additional review or consideration of effects on that bridge is required. The Federal agency official should document the application of the Program Comment in its correspondence with the SHPO and other consulting parties and in the project file.

FHWA will maintain a webpage with information on the Program Comment, with examples of the bridge types that are included within its scope, of bridges that may be considered to have exceptional significance, and as they are received from the States, any common post-1945 bridges that meet the Section IV.C considerations as exceptional. As States complete and submit to FHWA their lists of bridges of exceptional significance, the lists will be posted on the FHWA website.

For additional information, please contact the appropriate FHWA Division office in the state of interest - Contact.