Section 106 of the National Historic Preservation Act Programmatic Agreements for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF) Programs

The United States Environmental Protection Agency and the California State Water Resources Control Board (State Water Board), in consultation with the California State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP), are proposing to develop two new statewide programmatic agreements (PA), one for the CWSRF Program and one for the DWSRF Program. Each new PA will guide compliance with Section 106 of the National Historic Preservation Act (Section 106) under 36 Code of Federal Regulations (CFR) Part 800.

Primary PA Objectives

• Improve the efficiency of reviews for CWSRF and DWSRF projects requiring compliance with Section 106.
• Ensure consistency between the CWSRF and the DWSRF Program Section 106 review processes.
• Establish professional qualification standards for Section 106 reviewers and consultants who prepare historic property identification reports.
• Allow State Water Board’s professionally qualified staff to make findings of “no historic properties affected” when no cultural resources are located within the area of potential effects (APE) without consultation with the SHPO (about 70% of projects).
• Allow State Water Board’s professionally qualified staff to make findings of “no adverse effect” for projects that will completely avoid effects to historic properties located in the APE, without consultation with the SHPO.
• Improve consultations with Native American tribes and other consulting parties by outlining the proper protocol and establishing a threshold for a “reasonable and good faith effort.”

Important Announcements and Deadlines

• First Consultation Meeting on Thursday, June 22, 2023, at 10:00 am - 12:00 pm
  • Meeting Notices: English | Spanish
  • Meeting Presentation Slideshow
• All comments requested on the Detailed Outlines of the Proposed PAs by July 6, 2023 (see links to outlines below)
• Tentative Development Timeline for the PAs

PA Supporting Documents

• EPA Letter to Tribes Regarding the Delegation of Consultation
• Detailed Outlines of the Proposed PA Terms - All Comments Requested by July 6, 2023
  • CWSRF: English | Spanish
  • DWSRF: English | Spanish
• Section 106 of the National Historic Preservation Act Programmatic Agreements Fact Sheet

PA Drafts for Review (coming soon)

Resources

• CWSRF Nationwide Programmatic Agreement
• DWSRF Delegation Letter
• 36 CFR Part 800
• CWSRF State Environmental Review Process
• DWSRF State Environmental Review Process
• ACHP’s Guidance on Agreement Documents

Contact Information
Lisa Machado, Senior Cultural Resources Officer with the State Water Board’s Division of Financial Assistance
Email: DFA-106PA@waterboards.ca.gov

Mail:
State Water Resources Control Board
Division of Financial Assistance
Environmental Section
Attn: Lisa Machado DFA, 16th Floor
P.O. Box 100
Sacramento, CA 95812-0100