The Mountain State Broadband Expressway (MSBE) project is an initiative of the Upshur County Regional Development Authority (UCDA) to address limiting factors for broadband proliferation in 20 counties in West Virginia and therein create needed infrastructure for economic development. The MSBE Project’s mission is to construct fiber-connected towers on or adjacent to Abandoned Mine Land (AML) sites to expand fiber resources into unserved and underserved areas to facilitate competitive providers’ offering of broadband services.

• Environmental Assessment

  A Programmatic Environmental Assessment (PEA), complying with the National Environmental Policy Act (NEPA) was published separately for the MSBE Project. The PEA also addresses the phasing of the site identification, environmental reviews for the specific construction activities, and references the development of this Programmatic Agreement (PA).

  Notice of Availability of Programmatic Agreement For Section 106 of The National Historic Preservation Act of 1969

  The U.S. Department of the Interior (DOI), Office of Surface Mining Reclamation and Enforcement (OSMRE) Interior Regions 1 and 2—a bureau of the U.S. Department of the Interior—has prepared a draft programmatic agreement (PA) to comply with National Historic Preservation Act of 1969 (NHPA) Section 106 consultation procedures. This document applies to an Abandoned Mine Land Reclamation Economic Development Pilot Program (AML Pilot Program) project, entitled the Mountain State Broadband Expressway (MSBE), proposed by the Upshur County Regional Development Authority (UCDA). The MSBE project is an initiative of the UCDA to address limiting factors for broadband proliferation in 20 counties in West Virginia and therein create needed infrastructure for economic development. The MSBE Project’s mission is to construct fiber-connected towers on or adjacent to AML sites to expand fiber resources into unserved and underserved areas to facilitate competitive providers’ offering of broadband services. OSMRE has prepared this PA to address the phasing of site identification and specific construction activities and to provide an overall process to evaluate and assess the historic, cultural, and tribal resources and any potential effects as the sites are located.

  The PA has been prepared in accordance with 54 U.S.C. § 306108 (Section 106) of the NHPA 54 U.S.C. §§ 300101-307108, the implementing regulations at 36 C.F.R. Part 800, and the Presidential Executive Order 13175, Presidential Memorandum on Tribal Consultation. Federal agencies are required to take into account the effect of their undertakings on historic and cultural properties and provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on those effects. Pursuant to 36 C.F.R. § 800.16(y), an “undertaking” is defined as a “project, activity or program funded in whole or part under the direct or indirect jurisdiction of a federal agency”. For undertakings, such as the MSBE, for which Section 106 is applicable, OSMRE must complete the consultation process to comply with statutory requirements.

  OSMRE is soliciting public comments on the PA. You are invited to direct these comments by mail to: OSMRE, Mountain State Broadband Expressway AML Pilot Project NHPA Section 106 PA, OSMRE Unified DOI Regions 1 & 2, C/O: Stephanie Hamlett, 1849 C Street, NW Office 4559, Washington DC 20240. Comments may also be emailed to: shamlett@osmre.gov, please ensure the subject line reads: ATTN: OSMRE, Mountain State Broadband Expressway AML Pilot Project NHPA Section 106 PA. Comments should be received or postmarked no later than July 20, 2020 in order to be considered. Comments received, including names and addresses of those who comment, will be considered part of the public record for this project and will be available for public inspection.

• Relevant Documents

  • Programmatic Environmental Assessment (PEA) (Dated 07/02/2020)
  • Finding of No Significant Impact (FONSI) (Dated 07/02/2020)
  • Draft Programmatic Agreement (PA) (Dated 06/15/2020)
  • Draft Programmatic Environmental Assessment (PEA) (Dated 06/03/2020)

• Contacts

  For more information about the preparation of the PA for this project, please contact the Federal Preservation Officer Stephanie Hamlett:
  

  Stephanie R. Hamlett
  National Environmental Policy Act (NEPA) Coordinator
  Federal Preservation Officer

  U.S. Department of the Interior
  Office of Surface Mining Reclamation and Enforcement
  1849 C Street, NW (Office 4559)
  Washington, DC 20240
  shamlett@osmre.gov
  Telephone: (202) 208-2802

  All media inquires should be directed to:

  Chris Holmes
  Public Affairs Specialist
  Office of Surface Mining Reclamation and Enforcement
  U.S. Department of the Interior
  cholmes@osmre.gov
  Telephone: (202) 208-7941