HomeMy WebLinkAbout20150775.tiff RESOLUTION
RE: APPROVE ADDENDUM TO PROGRAMMATIC AGREEMENT AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Addendum to Programmatic
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the Federal
Emergency Management Agency, the Colorado State Historic Preservation Officer and the
Colorado Division of Homeland Security and Emergency Management, commencing upon
execution of signature, with further terms and conditions being as stated in said addendum, and
WHEREAS, after review, the Board deems it advisable to approve said addendum, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Addendum to Programmatic Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Weld County Housing Authority, and the Federal Emergency Management Agency, the
Colorado State Historic Preservation Officer and the Colorado Division of Homeland Security and
Emergency Management, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said addendum.
CC• RA(TomT)1-Iloo
2015-0775
HA0031
ADDENDUM TO PROGRAMMATIC AGREEMENT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, OLORADO
ATTEST: fJ.d / ;ok,
Barbara Kirk eyer, C air
Weld County Clerk to the Board I�
I 1 k A-c_at ---
Mike Mike Freeman, Pro-Tern
BY:
Deputy Cler to the
� Sean P. Conway
CN 1/42
APPRO D AS TO FO.'A.
r' i1:,. Julie A. Cozad
County Attorney =
/7 Steve Moreno
Date of signature: �/ (O
2015-0775
HA0031
ADDENDUM
to
PROGRAMMATIC AGREEMENT AMONG
THE FEDERAL EMERGENCY MANAGEMENT AGENCY,
THE COLORADO STATE HISTORIC PRESERVATION OFFICER,
AND
THE COLORADO DIVISION OF HOMELAND SECURITY AND
EMERGENCY MANAGEMENT
WHEREAS, FEMA makes assistance available to States, Commonwealths, communities,
Federally recognized Indian Tribes (Tribes) and other eligible entities through programs
(Programs) set forth in Appendix A. pursuant to the Homeland Security Act of 2002, Pub. L. No.
107-296 (2002) (codified as amended at 6 U.S.C. § 101 et seq.); Robert T. Stafford Disaster
Relief and Emergency Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42
U.S.C. § 5121 et seq., (Stafford Act); the National Flood Insurance Act of 1968, Pub. L. No. 90-
448 (1968) (as amended); the National Flood Insurance Reform Act of 1994, Pub. L. No. 103-
325 (1994) (as amended); the Post-Katrina Emergency Management Reform Act of 2006, Pub.
L. No. 109-295 (2006) (as amended); implementing regulations contained in Title 44 of the Code
of Federal Regulations (CFR), Executive Order 13407 (2006), and such other acts, executive
orders, implementing regulations, or Congressionally authorized programs as are enacted from
time to time; and
WHEREAS, FEMA has developed a Prototype Programmatic Agreement (FEMA Prototype
Agreement) pursuant to 36 CFR § 800.14(b)(4) in consultation with the ACHP and NCSHPO to
serve as a basis for negotiation of a State/Tribal specific Programmatic Agreement (Agreement)
with the SHPO, State/Tribal Emergency Management Agency, and/or participating Tribe(s); and
WHEREAS, FEMA consulted with the Colorado Division of Homeland Security and
Emergency Management(DHSEM), the Colorado State Historic Preservation Officer (SIIPO),
the Advisory Council on Historic Preservation (ACHP) and federally recognized Indian tribes to
adopt and execute the Prototype Programmatic Agreement(Agreement) for its disaster
recovery activities in Colorado, and the Agreement was executed on September 24, 2014; and
WHEREAS, under the Disaster Relief Appropriations Act of 2013 (Public Law 113-2, January
29, 2013), and other Congressionally authorized programs as are enacted from time to time, the
U.S. Department of Housing and Urban Development (HUD) allocates Community
Development Block Grant- Disaster Recovery (CDBG-DR) funds for disaster recovery
activities similar to the activities covered by the Agreement; and
WHEREAS, the Colorado Department of Local Affairs (DOLA) and participating units of
general local government have assumed I-IUD's environmental responsibilities as Responsible
Entities and are responsible for environmental review, decision-making and action, pursuant to
Section 104(g) of the Housing and Community Development Act of 1974 and 24 CFR Part 58,
and propose to administer Community Development Block Grant—Disaster Recovery (CDBG-
2015-0775
DR) funds pursuant to the Disaster Relief Appropriations Act of 2013 (Public Law 113-2,
January 29, 2013) and other Congressionally authorized programs as are enacted from time to
time;
WHEREAS, Stipulation I.A.6. of the Agreement allows other Federal agencies, including state
and local governments acting as Responsible Entities for CDBG-DR funds, to fulfill their
Section 106 responsibilities for those types of activities covered under the terms of the
Agreement by accepting and complying with the terms of the Agreement and executing this
Addendum; and
WHEREAS, DOLA and participating units of general local government will ensure that staff
who meet the Secretary's Professional Qualification Standards will review Second Tier projects
in accordance with Appendix B of the Agreement and will provide resumes of such staff to the
signatories to this Addendum;
NOW, THEREFORE, DOLA and participating units of general local government agree to
assume the federal agency role and accept the terms and conditions of the Agreement and
subsequent amendments, as appropriate under HUD's authorizing legislation and regulations,
and thereby take into account the effect of its undertakings and satisfy its Section 106
responsibilities for the CDBG-DR program for activities in Colorado.
DURATION AND EXTENSION. This Addendum to the Agreement will remain in effect
for currently open disaster declarations and subsequent disaster declarations in the state of
Colorado; however, the Addendum will not exceed the expiration date of the Agreement.
Signatories may collectively agree to extend this Addendum to cover additional calendar
years, or portions thereof, provided that the Agreement is also extended.
EXECUTION AND IMPLEMENTATION of this Addendum to the Agreement evidences that
DOLA and participating units of general local government have taken into account the effects of
their undertakings on historic properties, and that through the execution of this Addendum and
implementation of the Agreement, DOLA and participating units of general local government
will satisfy their responsibilities under Section 106 of the National Historic Preservation Act and
its implementing regulations for the referenced CDBG-DR program for activities in Colorado.
This Addendum may be executed in counterparts, with separate signature pages.
ADDENDUM
to
PROGRAMMATIC AGREEMENT AMONG
THE FEDERAL EMERGENCY MANAGEMENT AGENCY,
THE COLORADO STATE HISTORIC PRESERVATION OFFICER,
AND
THE COLORADO DIVISION OF HOMELAND SECURITY AND
EMERGENCY MANAGEMENT
PARTICIPATING UNITS OF GENERAL LOCAL GOVERNMENT
ATTEST: divirevGG Joe BOARD OF COUNTY OMMISSIONERS
Weld C. n�C rk to the Boar. WE D COUNTY, ORADO
BY: i� � � I�I�� .� /� 64tW - /A LDeputy Cler to the Bekt t ' --f� ra Kirkmeyer Chair KR 3 2015
APPROVED A TO ' U 'IN w{.' L� 1/42 APPROVED AS TO SUBSTANCE:
Controller 7 n A`a� /� Elected Official or Department Head
APPR DASTOF • — NI /A —
Director of General Services
Cunt'
aa�s 0775
1 PROGRAMMATIC AGREEMENT AMONG
2 THE FEDERAL EMERGENCY MANAGEMENT AGENCY,
3 THE COLORADO STATE HISTORIC PRESERVATION OFFICER,
4 AND
5 THE COLORADO DIVISION OF HOMELAND SECURITY AND
6 EMERGENCY MANAGEMENT
7
8 WHEREAS, the mission of the Federal Emergency Management Agency (FEMA) of the
9 Department of Homeland Security is to support our citizens and first responders to ensure that as
10 a nation we work together to build, sustain, and improve our capability to prepare for, protect
11 against,respond to,recover from, and mitigate all hazards; and
12 WHEREAS, FEMA makes assistance available to States, Commonwealths, communities,
13 Federally recognized Indian Tribes (Tribes) and other eligible entities through programs
14 (Programs) set forth in Appendix A,pursuant to the Homeland Security Act of 2002, Pub. L. No.
15 107-296 (2002) (codified as amended at 6 U.S.C. § 101 et seq.); Robert T. Stafford Disaster
16 Relief and Emergency Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42
17 U.S.C. § 5I21 et seg., (Stafford Act); the National Flood Insurance Act of 1968, Pub. L. No. 90-
18 448 (1968)(as amended); the National Flood Insurance Reform Act of 1994,Pub. L. No. 103-325
I9 (1994)(as amended); the Post-Katrina Emergency Management Reform Act of 2006, Pub. L. No.
20 109-295 (2006) (as amended); implementing regulations contained in Title 44 of the Code of
21 Federal Regulations (CFR), Executive Order 13407 (2006), and such other acts, executive orders,
22 implementing regulations, or Congressionally authorized programs as are enacted from time to
23 time; and
24
25 WHEREAS, FEMA has determined that implementing its Programs may result in Undertakings
26 (as defined by 16 U.S.C. § 470w and 36 CFR § 800.16(y)) that may affect properties listed in or
27 eligible for listing in the National Register of Historic Places (National Register) pursuant to 36
28 CFR Part 60 (historic properties), and FEMA has consulted with the Colorado State Historic
29 Preservation Officer (SHPO) pursuant to Section 106 of the National Historic Preservation Act
30 (NHPA), Pub. L. No. 89-665 (1966) (codified as amended at 16 U.S.C. § 470f), and the
31 regulations implementing Section 106 of the NHPA(Section 106)at 36 CFR Part 800;and
32
33 WHEREAS, FEMA, the Advisory Council on Historic Preservation (ACHP), and the National
34 Conference of State Historic Preservation Officers (NCSHPO) have determined that FEMA's
35 Section 106 requirements can be more effectively and efficiently implemented and delays to the
36 delivery of FEMA assistance minimized if a programmatic approach is used to stipulate roles and
37 responsibilities, exempt certain Undertakings from Section 106 review, establish protocols for
38 consultation, facilitate identification and evaluation of historic properties, and streamline the
39 assessment and resolution of adverse effects; and
40
41 WHEREAS, FEMA has developed a Prototype Programmatic Agreement (FEMA Prototype
42 Agreement) pursuant to 36 CFR § 800.14(b)(4) in consultation with the ACHP and NCSHPO to
plc- o-ri
43 serve as a basis for negotiation of a State/Tribal specific Programmatic Agreement (Agreement)
44 with the SHPO, State/Tribal Emergency Management Agency, and/or participating Tribe(s); and
45 WHEREAS, this Agreement conforms to the FEMA Prototype Agreement as designated by the
46 ACHP on December 17, 2013, and therefore does not require the participation or signature of the
47 ACHP; and
48
49 WHEREAS, in order to implement its Programs. FEMA will provide assistance to the State of
50 Colorado that may provide monies and other assistance to eligible subgrantees, and as such, the
51 Colorado Division of Homeland Security and Emergency Management(DHSEM) that is typically
52 responsible for administering funds provided under these Programs, has participated in this
53 consultation, and FEMA has invited Colorado Division of Homeland Security and Emergency
54 Management to execute this Agreement as an invited Signatory; and
55
56 WHEREAS, FEMA also may directly perform its own Undertakings pursuant to this Agreement;
57 and
58
59 WHEREAS, in anticipation or in the immediate aftermath of an event, impacted communities
60 and the State of Colorado, and/or affected Tribes, may conduct critical preparedness, response and
61 recovery activities to safeguard public health and safety and/or to restore vital community
62 services and functions before, during, and or following an event. Some of these activities may
63 become Undertakings requiring Section 106 review subject to the terms of this Agreement, and
64 FEMA shall coordinate the appropriate review as warranted; and
65
66 WHEREAS, FEMA has determined that its Programs may result in Undertakings with the
67 potential to affect historic properties having religious and cultural significance to Tribes,
68 including sites that may contain human remains and/or associated cultural items; and
69
70 WHEREAS, FEMA recognizes that the Ute Mountain Ute and the Southern Ute Indian tribal
71 nations may have sites of religious and cultural significance on or off Tribal lands [as defined in
72 36 CFR § 800.16(x)], and in meeting its Federal trust responsibility, FEMA has engaged in
73 government-to-government consultation with the Tribe(s), and pursuant to 36 CFR § 800.2
74 (c)(2)(ii)(E) has invited the Tribe(s) to enter into an agreement that specifies how FEMA and the
75 Tribe(s) will carry out Section 106 responsibilities, including the confidentiality of information;
76 and
77
78 WHEREAS, the Ute Mountain lJte and the Southern Ute Indian Tribal Nations have chosen to
79 negotiate separate programmatic agreements or other mutually agreeable protocols with FEMA
80 and FEMA shall consult with the each Tribe (either THPO or Cultural Preservation Department)
81 in lieu of the S):IPO for Undertakings occurring on or affecting their Tribal lands; and
82
83 WHEREAS, FEMA may invite additional Tribes that have sites of religious and cultural
84 significance to enter into the terms of this Agreement as invited signatories or concurring parties
85 in accordance with 36 CFR § 800.14(f), and nothing in this Agreement prevents a Tribe from
86 entering into a separate Programmatic Agreement or other agreement with FEMA for
87 administration of FEMA Programs; and
88
09124/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
89 WHEREAS, the terms of this Agreement shall not apply to Undertakings on or affecting Tribal
90 lands without prior execution of the Agreement by the affected Tribe(s); and
91
92 WHEREAS, for the review of specific Undertakings under this Agreement, FEMA may invite
93 other agencies, organizations, and individuals to participate as consulting parties; and
94
95 NOW, THEREFORE, FEMA, the Grantee(s), SHPO (Signatories) agree that FEMA Programs
96 in the State of Colorado shall be administered in accordance with the following Stipulations to
97 satisfy FEMA's Section 106 and Section 110 responsibilities for all resulting Undertakings and
98 effectively integrate historic preservation compliance considerations into the delivery of FEMA
99 assistance. FEMA will not authorize implementation of an individual Undertaking until Section
100 106 review is completed pursuant to this Agreement.
101
102 STIPULATIONS
103
104 To the extent of its legal authority, and in coordination with other Signatories, FEMA shall ensure
105 that the following measures are implemented:
106 1. GENERAL
107
108 A. Applicability
109
110 1. The execution of this Agreement supersedes the terms of all previously executed
111 Agreements between FEMA, the SHPO, and Emergency Management in the State of
1 1 2 Colorado.
1 1.?
1 14 a. This agreement supersedes the existing agreement with the State of Colorado
115 executed in July 2013 and is effective for the existing Stafford Act Declarations
116 open in the State of Colorado at the time of execution. Any new or existing
117 reviews in progress will conform to the timelines and conditions in this agreement.
118
119 2. For FEMA Undertakings that also are within the jurisdiction of the Federal
120 Communications Commission (FCC) and within the scope of its Section 106
121 Programmatic Agreements for communication facilities, FEMA defers Section 106
122 review in accordance with the ACHP Program Comment of October 23, 2009. The
123 approval of funding for the FEMA Undertaking shall be conditioned upon the
124 compliance of the sub-grantee with FCC's applicable Section 106 review, including
125 any required consultation with Tribes. FEMA shall notify the SHPO/THPO when it
126 applies the ACHP Program Comment to an Undertaking. FEMA remains responsible
127 for any FEMA Undertakings it determines are outside the jurisdiction of FCC.
128
129 3. In the event of a Stafford Act major disaster or emergency declaration (Declaration),
130 State, Tribal and local governments may lack the capability to perform or to contract
131 for emergency work, and instead request that the work be accomplished by a Federal
132 agency. Through a mission assignment (MA), FEMA may direct appropriate Federal
133 agencies to perform the work. This Agreement shall apply to such Federal assistance
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09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
134 undertaken by or funded by FEMA pursuant to Titles IV and V of the Stafford Act and
135 44 CFR Part 206.
136
137 4. FEMA may utilize this Agreement to fulfill its Section 106 responsibilities and those
138 of other Federal agencies that designate FEMA as the lead Federal agency pursuant to
139 36 CFR § 800.2(a)(2) with appropriate notification to the other Signatories and the
140 ACHP regarding Undertakings that fall within the scope of this Agreement. When
141 FEMA is not designated as the lead Federal agency, all Federal agencies, including
142 FEMA, remain individually responsible for their compliance with Section 106, unless
143 the provisions of Section 1. A. 6. below are enacted.
144
145 5. If another Federal program or Federal agency has concluded Section 106 consultation
146 review and approved an Undertaking within the past five (5) years, FEiVIA has no
147 further requirement for Section 106 review regarding that Undertaking provided that
148 FEMA:
I49 a. adopts the findings and determinations of the previous agency;
150 b. confirms that the scope and effect [as defined by 36 CFR § 800.16(i)] of its
151 Undertaking are the same as that of the Undertaking reviewed by the previous
152 agency, and;
153 c. determines that the previous agency complied with Section 106 appropriately.
154 FEMA shall document these findings in its project file in order to confirm that the
155 requirements of Section 106 have been satisfied. Should FEMA, in consultation with
156 SHPO and participating Tribe(s), determine that the previous Section 106 review was
I 57 insufficient or involved interagency disagreements about eligibility, effect, and/or
158 treatment measures, FEMA shall conduct additional Section 106 consultation in
159 accordance with the terms of this Agreement.
160
161 6. With the written concurrence of the Signatories. other Federal agencies providing
162 financial assistance for the type of activities covered under the terms of this
163 Agreement as outlined in Appendix A may satisfy their Section 106., responsibilities
164 for such activities by accepting and complying in writing with the terms of this
165 Agreement.
I66
167 a. Other Federal Agencies may include States and units of local government who
168 have assumed environmental responsibilities of the U.S. Department of Housing
1 69 and Urban Development and, acting as the Responsible Entity pursuant to 24 CFR
170 Pan 58. arc responsible for environmental review, decision-making and action.
171
172 b. In such situations, the other Federal Agency shall notify the Signatories in writing
I 73 of its intent to use this Agreement to achieve compliance with its Section 106
174 requirements, and consult with the Signatories regarding its Section 106
175 compliance responsibilities. Resumes: of staff who meet the Secretary's
4
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
176 Professional Qualification Standard(s) and will review Second Tier projects in
177 accordance with Appendix B of this Agreement shall be provided to FEMA and
178 the SHPO/THPO.
179
180 7. FEMA has determined that the following types of activities have limited or no
181 potential to affect historic properties and FEMA has no further Section 106
182 responsibilities with regards to them,pursuant to 36 CFR§ 800.3(a)(1):
183
184 a. Pursuant to 44 CFR § 206.110(m), assistance to individuals and households
185 provided under 44 CFR Part 206, Subpart D and Section 408 of the Stafford Act,
186 including funding for owner occupied home repair and replacement, content
187 replacement, personal property, transportation and healthcare expenses, is exempt
188 from the provisions of Section 106. For ground disturbing activities, and
189 construction related to 44 CFR §§ 206.117(b)(1)(ii) (temporary housing),
190 206.117(b)(3) (replacement housing), 206.117(b)(4) (permanent housing
191 construction), 206.117(c)(1)(vi) (repair or replacement of privately owned access
192 routes), and repair of multi-family housing units, FEMA shall conduct Section
193 106 review.
194
195 b. Administrative actions such as personnel actions, travel, procurement of services,
196 supplies (including vehicles and equipment) for the support of day-to-day and
197 emergency operational activities, and the temporary storage of goods provided
198 storage occurs within existing facilities or on previously disturbed soils.
199
200 c. Granting of variances, and actions to enforce Federal, State, or local codes,
201 standards or regulations.
202
203 d. Monitoring, data gathering, and reporting in support of emergency and disaster
204 planning,response and recovery,and hazard activities.
205
206 e. Research and development of hazard warning systems, hazard mitigation plans,
207 codes and standards, and education/public awareness programs.
208
209 f. Assistance provided for planning, studies, design and engineering costs that
210 involve no commitment of resources other than staffing and associated funding.
211
212 g. Assistance provided for training, management and administration, exercises, and
213 mobile/portable equipment purchases; with the exception of potential ground-
214 disturbing activities and modification of existing structures.
215
216 h. Community Disaster Loans for funding to perform governmental functions for any
217 eligible jurisdiction in a designated disaster area that has suffered a substantial loss
218 of tax and other revenue.
219
220 i. Funding the administrative action of acquisition or lease of existing facilities
221 where planned uses conform to past use or local land use requirements.
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09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
222
223 j. Funding the administrative action of acquiring properties in acquisition projects,
224 including the real estate transaction.
225
226 k. Labor, equipment and materials used to provide security in the Declaration area,
227 including lease, rental, purchase or repair of equipment or vehicles and payment
228 for staff and contract labor.
229
230 1. Application of pesticides to reduce adverse public health effects, including aerial
231 and truck-mounted spraying.
232
233 m. Unemployment assistance.
234
235 n. Distribution of food coupons.
236
237 o. Legal services.
238
239 p. Crisis counseling.
240
241 8. Any FEMA Programs authorized by the United States Congress in the future may he
242 included in this Agreement in accordance with Stipulation IV.A,Amendments. Any
243 change in the FEMA name, Programs, or organizational stricture shall not affect this
244 Agreement.
245
246 B. Roles and Responsibilities of the Signatories
247
248 1. FEMA:
249
250 a. FISMA shall use Federal, Tribal, State, subgrantee, or contractor staff whose
251 qualifications meet the Secretary of the Interior's (Secretary's) Professional
252 Qualifications Standards (Professional Qualifications) set forth in the Federal
253 Register at 46 Fed. Reg. 44716-01 (September 29, 1983). as amended (Qualified),
254 in completing identification and evaluation of historic properties and in making
255 determinations of effects. FEMA shall review any National Register eligibility
256 determination and make its own findings of effect resulting from the performance
257 of these activities prior to submitting such determinations to the SI-IPO and
258 participating Tribe(s).
259
260 i. FEMA acknowledges that Tribes possess special expertise in assessing the
261 National Register eligibility of properties with religious and cultural
262 significance to them. Tribal leaders, and as appropriate, their representatiN es.
263 shall decide who meets qualifications/standards as defined by their Tribes for
264 review of Undertakings affecting properties with religious and cultural
265 significance to them.
266
(19/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
267 b. FEMA alone shall conduct all Section 106 consultation with Tribe(s). In
268 accordance with 36 CFR § 800.2(c)(4), FEMA may authorize the Grantee(s), or a
269 subgrantee through the Grantee(s), to initiate the Section 106 process with the
270 SHPO and other consulting parties, assist in identifying other consulting parties
271 with a demonstrated interest in the Undertaking, and prepare any necessary
272 analyses and documentation, but FEMA shall remain responsible for
273 determinations of National Register eligibility and findings of effect recommended
274 by the authorized party. FEMA shall follow the process set forth in Stipulation
275 I.B.1(a), FEMA Roles and Responsibilities, and notify the SHPO in writing when
276 a Grantee or subgrantee has been authorized to initiate consultation on FEMA's
277 behalf.
278
279 c. Prior to authorizing the release of funds for individual Undertakings requiring
280 grant conditions pursuant to this Agreement, FEMA shall inform the Grantee(s) of
281 all stipulations and conditions and ensure that they are understood so they can be
282 adequately conveyed to the subgrantee. FEMA shall work in partnership with the
283 Grantee(s) to provide subgrantees with guidance on in-kind repair pursuant to The
284 Secretary of the Interior's Standards for the Treatment of Historic Properties 1995
285 (Standards), 36 CFR Part 68, or the most updated version, and techniques to avoid
286 or minimize adverse effects to historic properties.
287
288 d. FEMA shall provide the other Signatories and the ACHP with an annual report for
?89 the previous calendar year by February 28 of each year that this Agreement is in
290 effect. This annual report will summarize the actions taken to implement the terms
291 of this Agreement, statistics on Undertakings reviewed, and recommend any
292 actions or revisions to be considered, including updates to the appendices.
293
294 e. FEMA shall confer annually and as necessary with the other Signatories within 45
295 days after issuance of the annual report, to review the report and/or discuss issues
296 and concerns in greater detail. This review shall occur in person or by telephone as
297 determined by FEMA.
298
299 f FEMA shall notify the DHSEM, SI-IPO and affected Tribe(s), as soon as
300 practicable, following a Declaration to provide specific points of contact and other
301 pertinent information about the Declaration.
302
303 g. FEMA may convene an initial scoping meeting with the Signatories and other
304 interested parties as soon as practicable after each Declaration to address
305 Declaration-specific issues and procedures.
306
307 h. FEMA shall ensure that all documentation resulting from Undertakings reviewed
308 pursuant to this Agreement is consistent with applicable SHPO and Tribal
309 guidelines and the confidentiality provisions of 16 U.S.C. j 470w-3 and 36 CFR §
310 800.1 1(c).
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09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
311 2. SHPO:
312
313 a. SHPO shall review FEMA's determination of the Areas of Potential Effects
314 (APE), National Register eligibility determinations, and FEMA's effect findings
315 and respond within timeframes required by this Agreement.
316
317 b. Upon request, the SHPO shall provide FEMA and/or its designee(s) with available
318 information about historic properties(such as access to online systems or site files,
319 GIS data, survey information, geographic areas of concern). Such data sharing may
320 be memorialized in an agreement. Only Qualified FEMA staff and/or designee(s)
321 shall be afforded access to protected historic property information.
322
323 c. The SHPO shall identify staff or consultants to assist FEMA staff with their
324 Section 106 responsibilities, and identify, in coordination with FEMA, those
325 activities within the Section 106 review process that SHPO may perform for
326 specific Undertakings as agreed in writing with FEMA.
327
328 d. As requested, SHPO staff shall be reasonably available as a resource and for
329 consultation through site visits, written requests, telephone conversations or
330 electronic media. In those instances where consultation with SHPO has occurred,
331 FEMA shall provide a written summary via e-mail or regular mail to SHPO,
332 including any decisions that were reached.
333
334 e. The SHPO may delegate some or all of its responsibilities under this Agreement to
335 one or more Liaisons to serve as a dedicated point of contact for consultation with
336 FEMA. The SHPO shall confer with FEMA about the selection of any Liaisons,
337 the scope of responsibilities delegated and related implementing procedures.
338 SHPO shall formally document these decisions for concurrence by FEMA.
339 Liaisons are not required to be members of the SI-1PO staff.
340
341 f. The SHPO shall participate in an initial scoping meeting for a Declaration.
342
343 g. The SHPO may assist local jurisdictions and/or the Grantee(s) in the State of
344 Colorado with advance planning efforts to consider historic properties in the
345 context of homeland security considerations, including disaster preparedness,
346 response, recovery, and mitigation programs for which FEMA funding may be
147 requested.
348
349 h. The SI-IPO shall coordinate with FEMA, to identify consulting pasties. including
350 any communities, organizations, or individuals that may have an interest in a
351 specific Undertaking and its effects on historic properties.
35?
353 i. The SHP() shall participate in annual reviews convened by FEMA to review the
354 effectiveness of this Agreement in accordance with Stipulation 1.13.1(e).
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09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
355 3. Grantee(s):
356
357 a. The Grantee(s) shall ensure that their subgrantees understand and acknowledge
358 conditions and potential requirements that may be placed upon Undertakings as a
359 result of Section 106 consultation and the provisions of this Agreement.
360
361 b. The Grantee(s)shall participate in an initial scoping meeting for a Declaration.
362
363 c. The Grantee(s) shall ensure that their subgrantees understand that failure to comply
364 with any project-specific conditions that have been placed on their grants could
365 jeopardize FEMA funding.
366
367 d. The Grantee(s) shall notify FEMA as soon as possible of any proposed change to
368 the approved scope of work. The Grantee(s) shall direct their subgrantee not to
369 implement the changes to the proposed scope of work until any additional review
370 required by this Agreement is complete.
371
372 e. The Grantee(s) shall ensure that its subgrantees are made aware that in the event of
373 an unexpected discovery involving an Undertaking that has affected a previously
374 unidentified historic property or human remains, or affected a known historic
375 property in an unanticipated manner, the subgrantee will comply with Stipulation
376 III.B, Unexpected Discoveries, Previously Unidentified Properties, or Unexpected
377 Effects.
378
379 f. The Grantee(s) shall ensure that in its subgrant agreements, any scope of work
380 involving ground disturbance, and resultant contracts to execute said work, provide
381 for the protection of and notification protocols for unexpected discoveries or
382 unexpected effects to historic properties and human remains.
383
384 g. If a Signatory Tribe assumes the role of Grantee for projects on Tribal lands, the
385 Tribe shall assume the same responsibilities as outlined in Stipulation I.B.3 of this
386 Agreement, Roles and Responsibilities of the Signatories.
387
388 h. The SHPO shall participate in annual reviews convened by FEMA to review the
389 effectiveness of this Agreement in accordance with Stipulation I.B.1(e).
390 C. Tribal and Native Hawaiian Organization Consultation
391
392 1. For FEMA Undertakings on Tribal lands or affecting properties of religious and
393 cultural significance, and where no tribe-specific consultation agreements or protocols
394 are in place, FEMA shall consult with affected Tribe(s) in accordance with 36 CFR
395 I'arl 800. In determining who the affected Tribe(s) may be, FEMA will first establish
396 that it is a type of Undertaking with potential to affect historic properties with religious
397 and cultural significance and may consult with the SHPO, Tribe(s), any State Tribal
398 Agency, and access the National Park Service (NPS) Native American Consultation
399 Database or other tools to identify geographic tribal interests.
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09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
400
401 2. To the extent permitted by Section 304 of the NHPA. Section 9(a) of the
402 Archeological Resources Protection Act (ARPA) (16 U.S.C. §470aa 470mm), and
403 any other applicable laws, FEMA shall ensure it withholds information protected by
404 such laws from public disclosure.
405
406 3. FEMA shall invite affected Tribe(s)to participate in the initial scoping meeting within
407 their geographic area of interest for each Declaration.
408 D. Public Participation
409
410 1. FEMA recognizes that the views of the public are essential to informed decision
411 making throughout the Section 106 consultation process. FEMA shall notify the public
412 of proposed Undertakings in a manner that reflects the nature, complexity, significance
413 of historic properties likely affected by the Undertaking, the likely public interest
414 given FEMA's specific involvement, and any confidentiality concerns of Tribe(s)
415 private individuals and businesses. FEMA shall consider the public input received in
416 the decision making process.
417
418 2. FEMA may consult with the Grantee(s). subgrantee, SHPO, and participating Tribe(s),
419 and other consulting parties to determine if there are individuals or organizations with
420 a demonstrated interest in historic properties that should be included as a consulting
421 party for the Undertaking in accordance with 36 CFR § 800.2(c)(5). If such parties are
422 identified or identify themselves to FEMA, FEMA shall provide them with
423 information regarding the Undertaking and its effects on historic properties, consistent
424 with the confidentiality provisions of 36 CFR § 800.11(c).
425
426 3. In accordance with the outreach strategy developed for an Undertaking in consultation
427 with the SHPO and participating Tribe(s), for involving the public, FEMA shall
428 identify the appropriate stages for seeking public input during the Section 106
429 consultation process. FEMA shall consider all views provided by the public regarding
430 an Undertaking.
431
432 4. FEMA may also provide public notices and the opportunity for public comment or
433 participation in an Undertaking through the public participation process of the
434 National Environmental Policy Act (NEPA) and its implementing regulations set out
435 at 44 CFR Part 10, and/or Executive Orders 11988 and 11990 relating to floodplains
436 and wetlands as set out in 44 CFR Part 9, and Executive Order 12898, Environmental
437 Justice, provided such notices specifically reference Section 106 as a basis for public
438 involvement.
439
440 5. Should a member of the public object in writing to implementation of the Agreement's
441 terms. FEMA will notify the other signatories in writing and take the objection into
442 consideration. FEMA shall consult with the objecting party and. if that party so
443 requests. the other Signatories, for not more than 30 days. in reaching its decision
444 regarding the objection, FEMA shall take into consideration all comments from these
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09/24/14, FEMA-State.Section 106 Prototype Programmatic Agreement for Colorado
445 parties. Within 15 days after closure of this consultation period, FEMA shall provide
446 the other parties with its final decision in writing.
447 E. Timeframes and Communications
448 I. All time designations shall be in calendar days unless otherwise stipulated. If any
449 Signatory does not object to FEMA's finding or determination related to an
450 Undertaking within an agreed upon timeframe, FEMA may proceed to the next step in
451 the consultation process as described in Stipulation II, Project Review.
452 2. Due to the varied nature of Undertakings, the individual response times to FEMA's
453 requests for comment/concurrence will vary. These response times are contingent
454 upon FEMA ensuring that its findings and determinations are made by Qualified staff
455 and supported by documentation as required by 36 CFR § 800.11(d) and 36 CFR §
456 800.11(e), and consistent with FEMA guidance.
457
458 a. For Emergency Undertakings as outlined in Stipulation II.B, Expedited Review of
459 Emergency Undertakings, the SHPO and participating Tribe(s) shall respond to
460 any FEMA request for comments within three(3) days after receipt, unless FEMA
46I determines the nature of the emergency action warrants a shorter time period.
462
463 b. For Undertakings associated with the Individual Assistance (IA) and Public
464 Assistance(PA)programs, the response time for each request for concurrence shall
465 be a maximum of fifteen (15) days, or in accordance with temporary
466 timelines established by FEMA on a Declaration by Declaration basis.
467
468 c. For the Hazard Mitigation Grant Program (HMGP) and all non-disaster programs,
469 the response time for each request for concurrence shall be a maximum of thirty
470 (30)days.
471
472 3. The consulting parties may send and accept official notices, comments, requests for
473 further information and documentation, and other communications required by this
474 Agreement by e-mail.
475 II. PROJECT REVIEW
476 A. Programmatic Allowances
477
478 I. If FEMA determines an Undertaking conforms to one or more allowances in Appendix
479 13 of this Agreement, FEMA shall complete the Section 106 review process by
480 documenting this determination in the project file, without SHPO review or
481 notification.
482
483 2. If the Undertaking involves a National Historic Landmark (NHL), FEMA shall notify
484 the SHPO, participating Tribe(s), and the NPS NHL Program Manager of the
485 appropriate NPS Regional Office that the Undertaking conforms to one or more
Il
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
486 allowances. FEMA shall provide information about the proposed scope of work for the
487 Undertaking and the allowance(s)enabling FEMA's determination.
488
489 3. If FEMA determines any portion of an Undertaking's scope of work does not conform
490 to one or more allowances listed in Appendix B, FEMA shall conduct expedited or
491 standard Section 106 review, as appropriate, for the entire Undertaking in accordance
492 with Stipulation II.B, Expedited Review for Emergency Undertakings, or Stipulation
493 II.C, Standard Project Review.
494
495 4. Allowances may be revised and new allowances may be added to this Agreement in
496 accordance with Stipulation IV.A.3, Amendments.
497 B. Expedited Review for Emergency Undertakings
498 1. Determine Expedited Review
499 a. As part of the Declaration process, FEMA shall define the time interval during
500 which the disaster causing incident occurs (the incident period, as defined in 44
501 CFR § 206.32(f)). FEMA may approve direct Federal assistance and/or funding
502 for emergency work (as defined in 44 CFR § 206.201(b)) that occurs during the
503 incident period, including work already completed, in response to an immediate
504 threat to human health and safety or property. Pursuant to 36 CFR § 800.12(d),
505 FEMA may conduct expedited review of emergency Undertakings for 30 days
506 from the beginning of the incident period.
507 h. Should FEMA determine that it is necessary to extend the expedited review period
508 for emergency Undertakings beyond the initial 30 days, FEMA shall, in 30-day
509 increments, as needed, notify in writing the ACHP, DHSEM, and SHPO and
510 participating Tribe(s).
51 1 2. Conduct Expedited Reviews
512 a, If the emergency Undertaking is an immediate rescue and salvage operation
513 conducted in response to an event to preserve life and property, FEMA has no
514 Section 106 consultation responsibilities in accordance with 36 CFR § 800.12(d);
515 or
516
517 b. If the emergency Undertaking meets one or more of the Allowances in Appendix B
518 of this Agreement, FEMA shall complete the Section 1 06 review process pursuant
519 to Stipulation IEA.I, Programmatic Allowances.
520
521 c. If FEMA determines that the emergency Undertaking would adversely affect a
522 historic property during this expedited review period:
523
524 i. To the extent practicable, FEMA a ill propose treatment measures that would
525 address adverse effects during implementaticm, and request the comments of
526 the SHPO and participating, Tribe(s) within 3 days of receipt of this
12
09/24/14, FEMA-State Section 106 Protot pe Programmatic Agreement for Colorado
527 information unless FEMA determines the nature of the emergency warrants a
528 shorter time period.
529
530 ii. FEMA may provide this information through written requests, telephone
531 conversations, meetings, or electronic media. In all cases, FEMA shall clarify
532 that an"expedited review"is being requested for the Undertaking.
533
534 iii. FEMA shall take into account any timely comments provided by SHPO and/or
535 participating Tribe(s)in making a decision on how to proceed.
536
537 iv. Should the SHPO and/or participating Tribe(s)not comment within 3 days,
538 FEMA shall complete Section 106 consultation for the Undertaking based on
539 the available information.
540
541 v. FEMA shall notify the SHPO and participating Tribe(s)of the final decision,
542 indicating how any comments received were considered in reaching that
543 decision.
544
545 C. Standard Project Review: For Undertakings not exempt from further Section 106 review,
546 FEMA shall ensure that the following standard project review steps are implemented. In
547 the interest of streamlining, FEMA may combine some or all of these steps during
548 consultation in accordance with 36 CFR § 800.3(g).
549
550 1. Consulting Parties: FEMA shall consider all written requests of individuals and
551 organizations to participate as consulting parties, and consult with the SHPO and
552 participating Tribe(s) to identify any other parties that meet the criteria to be
553 consulting parties and invite them to participate in the Section 106 process. FEMA
554 may invite others to participate as consulting parties as the Section 106 consultation
555 proceeds. FEMA shall invite any individual or organization that will assume a
556 specific role or responsibility outlined in an MOA or Programmatic Agreement to
557 participate as an invited signatory to the agreement.
558
559 2. Area of Potential Effects:
560
561 a. For standing structures not adjacent to or located within the boundaries of a
562 National Register listed or eligible district, Qualified staff may define the APE as
563 the individual structure when the proposed Undertaking is limited to its repair or
564 rehabilitation(as defined in 36 CFR§ 68.3(b)).
565
566 b. For all other Undertakings, Qualified staff shall determine the APE in consultation
567 with the SHPO and participating Tribe(s). FEMA may consider information
568 provided by other parties, such as local governments and the public, when
569 establishing the APE.
570
571 3. Identification and Evaluation: Qualified staff shall determine, in consultation with the
572 SHPO and participating Tribe(s) if the APE contains historic properties, including
13
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
573 properties of religious and cultural significance. This may include the review of
574 documentation provided by the Grantee(s) or subgrantee in coordination with the
575 SHPO.
576
577 a. Level of Effort: FEMA shall make a reasonable and good faith effort to identify
578 historic properties in accordance with 36 CFR § 800.4(b)(1). FEMA may consult
579 with the SHPO to determine the level of effort and methodology necessary to
580 identify and evaluate a variety of historic property types. For properties of
581 religious and cultural significance to affected Tribe(s), FEMA shall consult with
582 the affected Tribe(s) to determine geographical areas containing them that may be
583 affected by an Undertaking and determine the necessary level of effort to identify
584 and evaluate or avoid any such historic properties.
585
586 b. National Historic Landmarks: When FEMA identifies an Undertaking with the
587 potential to affect an NHL, FEMA shall contact the NPS NHL Program Manager
588 of the appropriate NPS Regional Office in addition to the SHPO, participating
589 Tribe(s), and other consulting parties. The purpose of this notification is to ensure
590 early coordination for the Undertaking which FEMA later may determine
591 adversely affects the NHL as outlined in Stipulation II.C.8.
592
593 c. Determinations of Eligibility; FEMA shall review or determine National Register
594 eligibility based on identification and evaluation efforts, and consult with SHPO,
595 participating Tribe(s), and other consulting parties regarding these determinations.
596 Should the SHPO, participating Tribe(s), or another consulting party disagree with
597 the determination of eligibility,FEMA shall either:
598
599 i. Elect to consult further with the objecting party until the objection is resolved;
600
601 ii. Treat the property as eligible for the National Register; or
602
603 iii. Obtain a determination of eligibility from the Keeper of the National Register
604 in accordance with 36 CFR § 63.2(d)-(e) and 36 CFR § 800.4(c)(2).
605
606 4. Findings of No Historic Properties Affected: FEMA shall make a finding of "no
607 historic properties affected"under the following circumstances:
608
609 a. If no historic properties are present in the APE;
610
611 b. The Undertaking is designed to avoid effects to historic properties, including
612 National Register listed or eligible properties of religious or cultural significance
613 to participating Tribe(s); or
614
615 c The Undertaking does not affect the character defining features of a historic
616 property.
617
09/24/14, Fli:MA-State Section 106 Prototype Programmatic Agreement for Colorado
618 d. FEMA shall notify the SHPO, participating Tribes(s), and any other consulting
619 parties of this finding and provide supporting documentation in accordance with 36
620 CFR § 800.11(d). Unless the SHPO, participating Tribe(s), objects to the finding
621 within the applicable timeframe outlined in Stipulation I.E, Timeframes and
622 Communications,the Section 106 review of the Undertaking will have concluded.
623
624 e. If the SHPO or participating Tribe(s) objects to a finding of"no historic properties
625 affected," FEMA shall consult with the objecting party to resolve the
626 disagreement.
627
628 i. If the objection is resolved, FEMA either may proceed with the Undertaking in
629 accordance with the resolution or reconsider effects on the historic property by
630 applying the criteria of adverse effect pursuant to Stipulation II.C.5,
631 Application of the Criteria of Adverse Effect,below.
632
633 ii. If FEMA is unable to resolve the disagreement, it will forward the finding and
634 supporting documentation to the ACHP and request that the ACHP review
635 FEMA's finding in accordance with 36 CFR § 800.4(d)(1)(iv)(A) through 36
636 CFR § 800.4(d)(1)(iv)(C). FEMA shall consider the ACHP's recommendation
637 in making its final determination. If FEMA's final determination is to reaffirm
638 its "no historic properties affected" finding, the Section 106 review of the
639 Undertaking will have concluded. Otherwise, FEMA will proceed to
640 Stipulation Il.C.5.,below.
641
642 5. Application of the Criteria of Adverse Effect: If FEMA finds an Undertaking may
643 affect historic properties in the APE, including those of religious or cultural
644 significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to
645 historic properties within the APE(s), taking into account the views of the consulting
646 parties and the public concerning effects in accordance with 36 CFR§ 800.5(a).
647
648 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria,
649 FEMA shall propose a finding of"no adverse effect"in accordance with 36 CFR §
650 800.5(b).
651
652 i. FEMA shall notify the SHPO, participating Tribe(s), and all other consulting
653 parties of its finding and provide supporting documentation pursuant to 36
654 CFR §800.11(e).
655
656 ii. Unless a consulting party objects within the applicable timeframe outlined in
657 Stipulation 1.E, Timeframes and Communications, FEMA will proceed with its
658 "no adverse effect"determination and conclude the Section 106 review.
659
660 iii. If a consulting party objects to a finding of"no adverse effect," FEMA will
661 consult with the objecting party to resolve the disagreement.
662
15
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
663 1) If the objection is resolved, FEMA shall proceed with the Undertaking in
664 accordance with the resolution,or;
665
666 2) If the objection cannot be resolved, FEMA shall request that the ACHP
667 review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and
668 submit the required supporting documentation. FEMA shall consider the
669 ACHP's comments in making its final determination.
670
671 b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA
672 shall request through the Grantee(s)that the subgrantee revise the scope of work to
673 substantially conform to the Standards for standing structures, or avoid or
674 minimize adverse effects for National Register listed or eligible archaeological
675 properties.
676
677 i. If the subgrantee modifies the scope of work to avoid the adverse effect,
678 FEMA shall notify the SHPO, participating Tribe(s), and all other consulting
679 parties, and provide supporting documentation. Unless a consulting party
680 makes a timely objection in accordance with the applicable timeframe outlined
681 in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with
682 its "no adverse effect" determination, including any conditions, and conclude
683 the Section 106 review.
684
685 ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate
686 consultation to resolve the adverse effect(s) in accordance with Stipulation
687 II.C.6, Resolution of Adverse Effects.
688
689 6. Resolution of Adverse Effects: If FEMA determines that an Undertaking may
690 adversely affect a historic property, it shall resolve the effects of the Undertaking in
691 consultation with the SHPO, Grantee(s), subgrantee, participating Tribe(s), the ACHP,
692 if participating, and other consulting parties, by one of the following methods
693 depending upon the severity of the adverse effect as well as the determination of the
694 historic property's significance on a local, state or national level. When FEMA
695 determines an Undertaking will adversely affect an NHL. FEMA shall notify and
696 invite the Secretary and ACIIP to participate in consultation in accordance with 36
697 CFR § 800.10. When the ACHP participates in consultation related to an NHL, the
698 ACHP shall report the outcome of the consultation to the Secretary and the FEMA
699 Administrator.
700
701 a. Abbreviated Consultation Process: After taking into consideration the significance
702 of the historic properties affected. the severity of the adverse effect(s) and
703 avoidance or minimization (tithe adverse effect(s), FEMA may propose in writing
704 to the consulting parties to resolve the adverse effects of the Undertaking through
705 the application of one or more Treatment Measures outlined in Appendix C as
706 negotiated with the SHPO. participating Tribes, and other consulting parties. The
707 use of these Treatment Measures shall not require the execution pia Memorandum
70N of Agreement(M(.)A) or Programmatic Agreement
16
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
709
710 i. In consultation with the SHPO, participating Tribe(s), and other consulting
711 parties, FEMA shall propose in writing the implementation of a specific
712 Treatment Measure, or combination of Treatment Measures, with the intent of
713 expediting the resolution of adverse effects, and provide documentation as
714 required by 36 CFR § 800.11(e)and subject to the confidentiality provisions of
715 36 CFR § 800A 1(c)). Unless a consulting party or the ACHP objects within 15
716 days of receipt of FEMA's proposal, FEMA shall proceed with the
717 implementation of the Treatment Measure(s) and will conclude the Section 106
718 review.
719
720 ii. If any of the consulting parties or the ACHP objects within the 15 day review
721 and comment period to the resolution of adverse effects through the application
722 of the Abbreviated Consultation Process, FEMA shall resolve the adverse
723 effect(s) using procedures outlined below in Stipulation II.C.6(b), MOA or
724 Stipulation II.C.6.(c),Programmatic Agreement.
725
726 iii. Because funding and implementation details of Treatment Measures for
727 specific Undertakings may vary by program, FEMA shall provide written
728 notice to the consulting parties within sixty (60) days of the completion of the
729 Treatment Measure(s). This written notice will serve as confirmation that the
730 Treatment Measure(s) for a specific Undertaking have been implemented.
731 FEMA also shall include information pertaining to the completion of
732 Treatment Measures in the annual report pursuant to Stipulation I.B.1(d),
733 FEMA Roles and Responsibilities.
734
735 b. Memorandum of Agreement: FEMA will provide the ACHP with an adverse effect
736 notice in accordance with 36 CFR § 800.6(a)(1) if it has not already provided such
737 under the Abbreviated Consultation Process of this Agreement, if a consulting
738 party or the ACI-IP objects in accordance with Stipulation II.C.6(a)(ii), or if FEMA
739 in consultation with the SHPO, participating Tribe(s), and other consulting parties
740 has determined that an MOA would be more appropriate to resolve adverse effects.
741 In consultation with the SHPO, participating Tribe(s), and other consulting parties,
742 including the ACHP (if participating), FEMA shall develop an MOA, in
743 accordance with 36 CFR § 800.6(c) to agree upon treatment measures to avoid,
744 minimize, and/or mitigate adverse effects on historic properties. The MOA may
745 also include treatment measures that serve an equal or greater public benefit in
746 promoting the preservation of historic properties in lieu of more traditional
747 treatment measures.
748
749 c. Programmatic Agreement: Should the execution of an MOA be inappropriate
750 given the similar nature of effects on historic properties, the inability to determine
751 effects prior to approval of an Undertaking, or where other circumstances warrant,
752 FEMA, shall consult with the SHPO, participating Tribe(s), the ACHY, if
753 participating, and any other consulting parties to develop a Programmatic
754 Agreement in accordance with 36 CFR § 800.14(b) and identify programmatic
17
09/24/14, FEl1'IA-State Section 106 Prototype Programmatic Agreement for Colorado
755 conditions or treatment measures to govern the resolution of potential or
756 anticipated adverse effects from certain complex project situations for an
757 Undertaking or for multiple but similar Undertakings by a single subgrantee.
758
759 7. Objections; Should any signatory or consulting party object within the timeframes
760 established by this Agreement to any plans, specifications, or actions taken pursuant to
761 resolving an adverse effect, FEMA shall consult further with the objecting party to
762 seek resolution. If FEMA determines the objection cannot be resolved, FEMA shall
763 address the objection in accordance with Stipulation IV.B,Dispute Resolution.
764 III. OTHER CONSIDERATIONS
765 A. Changes to an Approved Scope of Work: The Grantee(s) shall notify FEMA and shall
766 require a subgrantee to notify it immediately when a subgrantee proposes changes to an
767 approved scope of work for an Undertaking.
768
769 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on
770 the property, FEMA shall approve the change.
771
772 2. If the change can be modified to meet a Programmatic Allowance, or conform to any
773 applicable SO1 Standards, FEMA shall conclude its Section 106 review
774 responsibilities.
775
776 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate
777 consultation pursuant to Stipulation II.C, Standard Project Review.
778
779 B. Unexpected Discoveries, Previously Unidentified Properties,or Unexpected Effects:
780
781 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a
782 Undertaking has affected a previously unidentified property or affected a known
783 historic property in an unanticipated manner, in accordance with Stipulation 1.B.3(e),
784 Grantee(s) Roles and Responsibilities, the Grantee(s) shall immediately notify FEMA
785 and require the subgrantee to:
786
787 a. Stop construction activities in the vicinity of the discovery.
788
789 h. Take all reasonable measures to avoid or minimize harm to the property until
790 FEMA has completed consultation with the SI-IPO, participating Tribe(s), and any
791 other consulting parties. Upon notification by the Grantee of a discovery, FEMA
792 shall immediately notify the SHPO, participating Tribc(s), and other consulting
793 parties that may have an interest in the discovery, previously unidentified property
794 or unexpected effects, and consult to evaluate the discovery for National Register
795 eligibility and/or the effects of the undertaking on historic properties.
796
l8
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
797 c. If human remains are discovered, notify the local law enforcement office and
798 coroner/medical examiner in accordance with applicable State statute(s), and protect the
799 remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be
800 subject to the Native American Graves Protection and Repatriation Act (NAGPRA) (25
801 U.S.C. §3001-3013, 18 U.S.C. § 1170)and ARPA,as applicable.
802
803 d. Assist FEMA in completing the following actions, as required:
804
805 i. FEMA shall consult with the SHPO, participating Tribe(s), and other
806 consulting parties in accordance with the consultation process outlined in
807 Stipulation II, Project Review, to develop a mutually agreeable action plan
808 with timeframes to identify the discovery or previously unidentified property,
809 take into account the effects of the Undertaking, resolve adverse effects if
810 necessary, and ensure compliance with applicable Federal, State, and local
811 statutes.
812
813 ii. FEMA shall coordinate with the Grantee(s) and the subgrantee regarding any
814 needed modification to the scope of work for the Undertaking necessary to
815 implement recommendations of the consultation and facilitate proceeding with
816 the Undertaking.
817
818 iii. In cases where discovered human remains are determined to be American
819 Indian, FEMA shall consult with the appropriate Tribal and SHPO. In addition,
820 FEMA shall follow the guidelines outlined in the ACHP's Policy Statement
821 Regarding the Treatment of Burial Sites, Human Remains, and Funerary
822 Objects (2007) and any state-specific policies that may be in force.
823 C. Curation
824
825 1. In cases where archaeological survey and testing are conducted on private land, any
826 recovered collections remain the property of the land owner. In such instances, FEMA
827 and the Grantee(s), in coordination with the SHPO, and affected Tribe(s), shall
828 encourage land owners to donate the collection(s) to an appropriate public or Tribal
829 entity. In cases where the property owner wishes to transfer ownership of the
830 collection(s) to a public or Tribal entity, and in the case of artifacts recovered from
831 public lands, FEMA and the Grantee(s)shall ensure that recovered artifacts and related
832 documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and
833 affected Tribe(s),and following applicable State or Tribal guidelines.
834
835 2, When an Undertaking will adversely affect a National Register listed or eligible
836 archaeological site, FEMA may treat the adverse effect by providing for the recovery
837 of significant information through archaeological data recovery. FEMA shall consult
S38 with the SI.IPO, participating Tribe(s), and other consulting parties to prepare a
839 research design (data recovery plan), including a specific plan for curation. This plan
840 will incorporate any relevant curation provisions contained in the SI-1PO's Cultural
84 I Rcsmn-ce S'un'ct=Manuel (2007), ACHP's "Recommended Approach far Consultation
19
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
842 on Recovery of Significant Information Jr-onr Archaeological Sites" published in the
843 Federal Register (64 Federal Register 27085-27087 (May 18, 1999)), or other
844 provisions agreed to by the consulting parties.No excavation should be initiated
845 before FEMA acceptance and approval of the curation plan.
846 a. As stipulated in the curation plan, artifacts, as well as field and laboratory records
847 sufficient to document the collection, shall be curated at a facility, preferably in-
848 state, that meets the standards of, and in accordance with the provisions of 36 CFR
849 Part 79, "Curation of Federally Owned and Administered Archaeological
850 Collections,"and applicable State or Tribal requirements.
851 D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review
852
853 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a
854 subgrantee who, with intent to avoid the requirements of this Agreement or Section
855 106 of the NHPA, has intentionally significantly and adversely affected a historic
856 property to which the assistance would relate, or having legal power to prevent it,
857 allowed an adverse effect to occur. However, if after consultation with the DHSEM,
858 SHPO, appropriate Tribes(s), and ACHP, FEMA determines that extraordinary
859 circumstances justify granting assistance despite the adverse effect created or
860 permitted by the subgrantee, FEMA shall complete consultation for the Undertaking
861 pursuant to the terms of this Agreement.
862
863 2. FEMA shall specifically advise the Grantee(s) and shall require that the Grantee(s)
864 advise its subgrantees in writing that they may jeopardize Federal funding if work is
865 performed without all required local, State, and Federal licenses, pennits, or approvals;
866 including the completion of the Section 106 process. FEMA also shall document this
867 requirement in its Record of Environmental Consideration, as applicable, as well as all
868 project approval documents specifying the project scope and limits, and containing all
869 conditions and caveats.
870
S71 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking
872 without willful intent to avoid the requirements of this Agreement or Section 106 of
873 NHPA, FEMA shall proceed as follows:
874
875 a. Determine if the Undertaking is of a type for which FEMA has no further Section
876 106 responsibilities, namely:
877
878 i. An Undertaking listed in Stipulation I.A.8; or
879
880 ii. An immediate rescue and salvage operation in accordance with 36 CFR §
881 800.12(d); or
882
883 iii. A Programmatic Allowance as described under Stipulation II.A.
884
20
(19,24/14, F'EM.A-State Section 106 Prototype Programmatic Agreement for Colorado
885 b. In any such cases listed in Stipulation III.D.3.a., above,FEMA shall document this
886 determination in the project files, and consider the Undertaking Section 106
887 compliant.
888
889 c. If FEMA determines the Undertaking would have required Section 106 review,
890 FEMA shall coordinate with the SHPO and appropriate Tribe(s) to determine if
89I consultation is feasible.
892 i. If after coordination with the SHPO and appropriate Tribes, FEMA determines
893 that consultation is feasible, FEMA shall review the Undertaking in accordance
894 with Stipulation II.C, Standard Project Review.
895 ii. If after coordination with the SHPO and appropriate Tribe(s), FEMA
896 determines that review is infeasible, FEMA shall document the outcome to the
897 Section 106 review process, and the applicable FEMA program shall take the
898 outcome into account before making a decision whether to fund the
899 Undertaking. FEMA shall provide written notification of its funding decision
900 to the DHSEM, SHPO, appropriate Tribe(s)and the ACHP.
901
902 4. FEMA shall ensure that all Undertakings considered for after the fact review in
903 accordance with this stipulation arc included in the annual report.
904
905 IV.IMPLEMENTATION OF AGREEMENT
906
907 A. Amendments
908
909 I. If any Signatory determines that an amendment to the terms of this Agreement must be
910 made,the Signatories shall consult for no more than 30 days to seek amendment of the
911 Agreement.
912
913 2. An amendment to this Agreement, exclusive of the appendices, shall be effective only
914 when it has been signed by all the Signatories. An amendment shall be effective for
915 Undertakings occurring on or affecting historic properties on Tribal lands only when
916 the Tribe has signed the Agreement and its amendment.
917
918 3. Appendix A (FEMA Programs), Appendix B (Programmatic Allowances), and
919 Appendix C (Treatment Measures) may be amended at the request of FEMA or
920 another Signatory in the following manner:
921
922 a. FEMA, on its own behalf or on behalf of another Signatory, shall notify the
923 Signatories of the intent to modify the current Appendix or Appendices and shall
924 provide a draft of the updated Appendix or Appendices to all signatory parties.
925
926 b. If no other Signatory objects in writing within 30 days of receipt of FEMA's
927 proposed modification, FEMA shall date and sign the amended Appendix and
928 provide a copy of the amended Appendix to the other Signatories. Such an
21
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
929 amendment shall go into effect on the date FEMA transmits the amendment to the
930 other Signatories.
931
932 B. Dispute Resolution
933
934 1. Should any Signatory object in writing to the terms of this Agreement, FEMA shall
935 consult with the objecting party for not more than 30 days from the date of objection
936 to resolve the objection.
937
938 2. If the objection is resolved within 30 days, FEMA shall proceed in accordance with
939 the resolution.
940
941 3. If FEMA determines within 30 days that the objection cannot be resolved, FEMA shall
942 forward to ACHP all documentation relevant to the objection, including FEMA's
943 proposed resolution. Within 30 days of receipt, ACHP will:
944
945 a. Concur in FEMA's proposed resolution; or
946
947 b. Provide FEMA with recommendations, which FEMA shall take into account in
948 reaching a final decision regarding the objection; or
949
950 c. Notify FEMA that the objection will be referred for comment in accordance with
951 36 CFR§ 800.7(a)(4). and proceed to do so.
952
953 4. FEMA shall take into account any ACHP recommendations or comments, and any
954 comments from the other Signatories, in reaching a final decision regarding the
955 objection. FEMA shall provide in writing to the ACHP and Signatories a summary of
956 its final decision before authorizing any disputed action to proceed. The Signatories
957 shall continue to implement all other terms of this Agreement that are not subject to
958 objection.
959
960 5. Should ACHP not respond within 30 days, FEMA may assume ACHP has no
961 comment and proceed with its proposed resolution to the objection after providing the
962 ACI-IP and Signatories a written summary of its final decision.
963
964 C. Severability and Termination
965
966 1. In the event any provision of this Agreement is deemed by a Federal court to be
967 contrary to, or in violation of, any applicable existing law or regulation of the United
968 States of America, only the conflicting provision(s) shall be deemed null and void, and
969 the remaining provisions of the Agreement shall remain in effect.
970 2. FF.MA, the SHPC, ACHP, or Grantee(s) may terminate this Agreement by providing
971 30 days written notice to the other Signatories, provided that the Signatories consult
972 during this period to seek amendments or other actions that would prevent termination.
973 II'this Agreement is terminated, FEMA shall comply with Section 106 through other
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
974 applicable means pursuant to 36 CFR Part 800. Upon such determination, FEMA
975 shall provide all other Signatories and the ACHP with written notice of the termination
976 of this Agreement.
977 3. A participating Tribe may notify the other Signatories that it is fully withdrawing from
978 participation in the Agreement. Following such a withdrawal, FEMA shall review
979 undertakings that may affect historic properties of religious and cultural significance to
980 the Tribe, and Undertakings that occur on the Tribal lands of the relevant Tribe, in
981 accordance with 36 CFR §§ 800.3 through 800.7, 36 CFR § 800.8(c), or an applicable
982 alternative under 36 CFR § 800.14. Withdrawal from this Agreement by a Tribe does
983 not terminate the Agreement. At any time that this Agreement remains in effect, a
984 Tribe that has withdrawn from the Agreement may notify FEMA, the Grantee(s), and
985 SHPO in writing that it has rescinded its notice withdrawing from participation in the
986 Agreement.
987 4. This Agreement may be terminated by the implementation of a subsequent Agreement,
988 pursuant to 36 CFR § 800.14(b), that explicitly terminates or supersedes this
989 Agreement, or by FEMA's implementation of Alternate Procedures, pursuant to 36
990 CFR§ 800.14(a).
991
992 D. Duration and Extension
993
994 1. This Agreement shall remain in effect from the date of execution for a period not to
995 exceed 7 years unless otherwise extended pursuant to Stipulation IV.D.2 below,or
996 tenninated pursuant to Stipulation IV.C.2 or IV.C.4, Severability and Termination.
997 The Agreement shall remain in effect for Declarations made prior to expiration of the
998 Agreement in order to minimize delays in delivery of FEMA assistance.
999 2. The Signatories may collectively agree to extend this Agreement to cover additional
1000 calendar years, or portions thereof, through an amendment per Stipulation IV.A.,
1001 provided that the original Agreement has not expired.
1002 E. Execution and Implementation
1003
1004 1. This Agreement may be executed in counterparts, with a separate page for each
1005 Signatory, and shall become effective on the date of the final signature of FEMA and
1006 the SHPO/THPO.
1007
1008 2. The Agreement shall go into effect regarding Undertakings occurring, or affecting
1009 historic properties, on Tribal lands when the relevant Tribe has signed the Agreement.
1010
1011 3. FEMA shall ensure that each Signatory is provided with a complete copy of the
1012 Agreement, including an original set of signatures.
1013
1014 4. Execution and implementation of this Agreement evidence that FEMA has afforded
1015 ACIIP a reasonable opportunity to comment on FEMA's administration of all
23
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1016 referenced Programs, and that FEMA has satisfied its Section 106 responsibilities for
1017 all individual Undertakings of its referenced Programs.
1018
24
09/24/14, FEMA-Statc Section 106 Prototype Programmatic Agreement for Colorado
1019 SIGNATORY PARTIES
1020
1021 FEDERAL EMERGENCY MANAGEMENT AGENCY
1022
1023
1024
10254111026 By: 4=7224421eDate: 2L \ 20 ( ` f
1027 Tony Russell,Acting Regional Administrator
1028
1029
1030 COLORADO STATE HISTORIC PRESERVATION OFFICER
1031
1032
1033
1034 1
1035 By: _ _ Date: li , ( .
1036 LEdw Nichols, State Historic Preservation Officer
1037
1038 INVITED SIGNATORY
1039
1040 COLORADO DIVSISON OF HOMELAND SECURITY AND EMERGENCY
1041 MANAGEMENT
1042
1043
1044
1045
•
1046 By: ---'«.t C 1/ �.. Date: �( z V ?f...),/;,
-
1047 Dave Hard, Director
1048
1049
2 5
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1050 Appendix A
1051
1052 FEMA Program Summaries
1053
1054 This Appendix may be amended in accordance with Stipulation IV.A, Amendments.
I055
1056 Disaster Response and Recovery Programs
1057
1058 The following programs are authorized under Titles IV and V of the Stafford Act.
1059
1060 Public Assistance Program (PA)
1061 This program assists States, Tribal and local governments, and certain types of private nonprofit
1062 organizations quickly respond to and recover from major disasters or emergencies declared by the
1063 President. Grants are provided for debris removal (Category A), emergency protective measures
1064 (Category B), and the repair, replacement,or restoration of disaster-damaged,publicly owned and
1065 certain private non-profit facilities(Categories C-G).
1066
1067 Individual Assistance Programs (IA)
1068 These programs help to ensure that individuals and families that have been affected by disasters
1069 have access to the full range of FEMA assistance including: crisis counseling (Section 416),
1070 disaster legal services (Section 415), essential assistance (Section 403), emergency sheltering
1071 assistance (Section 403), transportation (Section 419), funeral services, minor home repairs
1072 (Section 408), and temporary housing assistance (Section 408). It should be noted that other
1073 Federal agencies provide disaster assistance programs, services, and activities to individuals as
1074 well, including the U.S. Small Business Administration, U.S. Department of Agriculture, and U.S.
1075 Department of Labor, but these other assistance programs are not subject to the terms of this
1076 Agreement.
1077
1078 Fire Management Assistance Grant Program (FMAG)
1079 The FMAG is available to State, Tribal, and local governments for the mitigation, management,
1080 and control of fires on publicly or privately owned lands. Eligible costs may include expenses for
1081 field camps, equipment use, repair and replacement. materials and supplies, and mobilization and
1082 demobilization activities.
1083
1084 Hazard Mitigation Grant Program(HMGP)
1085 The HMGP provides grants to States, Territories. Tribes, and local governments to implement
1086 long-term hazard mitigation measures after a Declaration. Activities may include buyouts,
1087 retrofits, relocations, elevations, and minor flood control projects.
1088
1089 Non-Disaster Programs
1090
1091 Pre-Disaster Mitigation Program (Pail)
1092 The PDM program provides competitive grants to States, Territories, Tribes, and local
1093 governments Ii)r hazard mitigation planning and the implementation of mitigation projects prior
26
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1094 to a disaster event. Activities may include planning, buyouts, retrofits, relocations, elevations,
1095 minor flood control projects, and vegetative fuels reduction.
1096
1097 Flood Mitigation Assistance Program(FMA)
1098 The FMA program provides grants to States,Territories,Tribal entities, and communities to assist
1099 in their efforts to reduce or eliminate the risk of repetitive flood damage to buildings and
1100 structures insurable under the National Flood Insurance Program(NFIP).
1101
1102 Assistance to Firefighters Grant Program (ASFG)
1103 The AFG program provides funding for purchase of equipment and retrofit or construction of fire
1104 stations to improve first responder capabilities.
1105
1106 State Homeland Security Program(SHSP)
1107 This core assistance program provides funds to build capabilities at the state and local levels and
1108 to implement the goals and objectives included in state homeland security strategies and
1109 initiatives in the State Preparedness Report.
1110
1 111 Urban Areas Security Initiative(UASI)Program
1112 The Urban Areas Security Initiative(UASI)program focuses on enhancing regional preparedness
1113 in major metropolitan areas. The UASI program directly supports the National Priority on
1114 expanding regional collaboration in the National Preparedness Guidelines and is intended to assist
1115 participating jurisdictions in developing integrated regional systems for prevention, protection,
1116 response and recovery.
1117
1118 Metropolitan Medical Response System (MMRS)Program
1119 The MMRS program supports the integration of emergency management, health, and medical
1120 systems into a coordinated response to mass casualty incidents caused by any hazard. Successful
1121 MMRS grantees reduce the consequences of a mass casualty incident during the initial period of a
1122 response by having augmented existing local operational response systems before the incident
1123 occurs.
1124
1 125 Citizen Corps Program (CCP)
1126 The Citizen Corps mission is to bring community and government leaders together to coordinate
1127 community involvement in emergency preparedness,planning,mitigation,response and recovery.
1128
1 129 Homeland Security Grant Program (HSGP)
1130 The HSGP plays an important role in the implementation of the National Preparedness System
1131 (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to
1132 achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. HSGP is
1133 comprised of three interconnected grant programs including (1) the State Homeland Security
1 134 Program (SHSP), (2) the Urban Areas Security Initiative (UASI) and the Operation Stonegarden
1135 (0PSG). Together, these grant programs and other future projects that may be included under the
1136 HSGP fund a range of preparedness activities, including planning, organization, equipment
1137 purchase, training, exercises, and management and administration.
1138
1139 State Homeland Security Program Tribal(SIISP "Tribal)
27
09/24/1€4, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1 140 To provide supplemental funding to directly eligible tribes to help strengthen the nation against
1 141 risks associated with potential terrorist attacks. Pursuant to the 9/11 Act, "a directly eligible tribe
1 142 applying for a grant under section 2004 [SHSP] shall designate an individual to serve as a tribal
1143 liaison with [DHS] and other Federal, state, local, and regional government officials concerning
1144 preventing,preparing for,protecting against and responding to acts of terrorism."
1145
1146 Nonprofit Security Grant Program (NSGP)
1147 NSGP provides funding support for target-hardening activities to nonprofit organizations that are
1148 at high risk of a terrorist attack and are located within one of the specific UASI-eligible urban
1149 areas.
1150
1151 Operation Stonegarden (OPSG)
1152 The intent of OPSG is to enhance cooperation and coordination among local, State and Federal
1153 law enforcement agencies in a joint mission to secure the United States borders along routes of
1154 ingress from international borders to include travel corridors in States bordering Mexico and
1155 Canada, as well as States and territories with international water borders.
1156
1157 Transit Security Grant Program (TSGP)
1158 The TSGP provides grant funding to the nation's key high-threat urban areas to enhance security
1159 measures for their critical transit infrastructure including bus, ferry and rail systems.
1160
1161 Freight Rail Security Grant Program (FRSGP)
1162 The FRSGP funds security training for frontline employees, the completion of vulnerability
1163 assessments, the development of security plans within the freight rail industry and GPS tracking
1164 systems for railroad cars transporting toxic inhalation materials.
1165
1166 Intercity Passenger Rail(Amtrak)
1167 The purpose of the Intercity Passenger Rail (1PR) is to create a sustainable, risk-based effort to
1168 protect critical surface transportation infrastructure and the traveling public from acts of terrorism,
1169 major disasters and other emergencies within the Amtrak rail system.
1170
1 171 Port Security Grant Program (PSGP)
1 172 The PSGP provides grant funding to port areas for the protection of critical port infrastructure
1 173 from terrorism. PSGP hinds are primarily intended to assist ports in enhancing maritime domain
1174 awareness, enhancing risk management capabilities to prevent, detect, respond to and recover
1175 from attacks involving improvised explosive devices (LEDs), weapons of mass destruction
1176 (WMDs) and other non-conventional weapons, as well as training and exercises and
1 177 Transportation Worker Identification Credential (TWIG) implementation.
1178
1 179 Intercity Bus Security Grant Program (iBSGP,
1180 The 1BSGP provides funding to create a sustainable program for the protection of intercity bus
1181 systems and the traveling public from terrorism. The program seeks to assist operators of fixed-
1182 route intercity and charter bus services in obtaining the resources required to support security
1 183 measures such as enhanced planning, facility security upgrades and vehicle and driver protection.
1184
1185 Trucking Security Program (TSP)
28
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1186 TSP funding will be awarded to eligible applicants to implement security improvement measures
1187 and policies deemed valuable by DHS as indicated in the Security Action Items publication of
1188 June 26,2008.These items are primarily focused on the purchase and installation or enhancement
1189 of equipment and systems related to tractor and trailer tracking systems. Additionally, the TSP
1190 will provide funding to develop a system for DHS to monitor, collect and analyze tracking
1191 information; and develop plans to improve the effectiveness of transportation and distribution of
1192 supplies and commodities during catastrophic events.
I193
1194 Buffer Zone Protection Program (BZPP)
1195 The BZPP provides funding to increase the preparedness capabilities of jurisdictions responsible
1196 for the safety and security of communities surrounding high-priority pre-designated Tier 1 and
1197 Tier 2 critical infrastructure and key resource (CIKR) assets, including chemical facilities,
1198 financial institutions, nuclear and electric power plants, dams, stadiums and other high-risk/high-
1199 consequence facilities, through allowable planning and equipment acquisition.
1200
1201 Emergency Management Peformance Grants (EMPG)
1202 The purpose of the EMPG program is to assist State and local governments in enhancing and
1203 sustaining all-hazards emergency management capabilities.
1204
1205 Interoperable Emergency Communications Grant Program (IECGP)
1206 IECGP provides governance, planning, training and exercise and equipment funding to States,
1207 territories, and local and Tribal governments to carry out initiatives to improve interoperable
1208 emergency communications, including communications in collective response to natural disasters,
1209 acts of terrorism and other man-made disasters. According to the legislation that created IECGP,
1210 all proposed activities must be integral to interoperable emergency communications and must be
1211 aligned with the goals, objectives, and initiatives identified in the grantee's approved statewide
1212 Communication Interoperability Plans (SCIP). IECGP will also advance DHS near-term
1213 priorities that are deemed critical to improving interoperable emergency communications and are
1214 consistent with goals and objectives of the National Emergency Communications Plan.
1215
1216 Emergency Operations Center(EOC) Grant Program
1217 The EOC grant program is intended to improve emergency management and preparedness
1218 capabilities by supporting flexible, sustainable, secure, and interoperable Emergency Operations
1219 Centers (EOCs) with a focus on addressing identified deficiencies and needs. This program
1220 provides funding for construction or renovation of a State, local, or tribal governments' principal
1221 EOC. Fully capable emergency operations facilities at the State and local levels are an essential
1222 element of a comprehensive national emergency management system and are necessary to ensure
1223 continuity of operations and continuity of government in major disasters caused by any hazard.
1224
1225 Driver's License Security Grant Program
1226 The purpose of the Driver's License Security Grant Program is to prevent terrorism, reduce fraud,
1227 and improve the reliability and accuracy of personal identification documents that States and
1228 territories issue.
1229
1230 Integrated Public Alert and Warning System (IPA WS)
29
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1231 The Integrated Public Alert and Warning System (IPAWS) was established by Executive Order
1232 13407 in 2006. In the event of a national emergency, the President may use IPAWS to send a
1233 message to the American people quickly and simultaneously through multiple communications
1234 pathways. FEMA has identified several radio transmission sites across the nation with
1235 significantly powerful signals for this purpose, and FEMA is responsible for upgrading,
1236 maintaining, and managing the agency installed and owned auxiliary fuel systems at each of these
1237 radio transmission sites.
1238
1239 Chemical Stockpile Emergency Preparedness Program (CSEPP)
1240 The Chemical Stockpile Emergency Preparedness Program (CSEPP) is a partnership between
1241 FEMA and the U.S. Department of the Army that provides emergency preparedness assistance
1242 and resources to communities surrounding the Army's chemical warfare agent stockpiles.
1243
09;24/14, I'Ei\1A-State Scclion 106 Prototype t'ro tranin+atic Agreement for Colorado
1244 Appendix B
1245
1246 Programmatic Allowances
1247
1248 This list of Programmatic Allowances enumerates FEMA funded activities that based on FEMA
1249 experience have no or minimal effect on historic properties if implemented as specified in this
1250 Appendix and will not require review by the SHPO and participating Tribe(s).
1251
1252 The Programmatic Allowances consist of two tiers First Tier and Second Tier. Staff may apply
1253 First Tier allowances whether or not they meet professional historic preservation qualification
1254 standards, while only staff meeting the applicable SOI Professional Qualifications Standards in
1255 accordance with Stipulation I.B(1)(a)of this Agreement may apply Second Tier allowances.
1256
1257 When referenced in the Programmatic Allowances, "in-kind" shall mean that it is either the same
1258 or a similar material, and the result shall match all physical and visual aspects, including form,
1259 color, and workmanship.The in-kind repair provided for in both First and Second Tier allowances
1260 in Appendix B should be limited to pre-existing architectural features and physical components of
1 261 buildings and structures.
1262
1263 When referenced in the allowances,"previously disturbed soils"shall refer to soils that are not
1264 likely to possess intact and distinct soil horizons and have the reduced likelihood of possessing
1265 historic properties within their original depositional contexts in the area and to the depth to be
1266 excavated.
1267
1268 I. First Tier Allowances
1269
1270 A. GROUND DISTURBING ACTIVITIES AND SITE MODIFICATION, when
1271 proposed activities described below substantially conform to the original footprint and/or
1272 are performed in previously disturbed soils, including the area where the activity is staged.
1273 1. Debris and Snow Removal
1274 a. Debris removal and collection, including removal of snow, uprooted trees, limbs
1275 and branches from public rights of way and public areas and areas as well as the
1276 transport and disposal of such waste to existing licensed waste facilities or
1277 landfills. This includes the temporary establishment and expansion of non-
1278 hazardous debris staging, reduction, and disposal areas at licensed transfer stations,
1279 or existing hard-topped or graveled surfaces (e.g., parking lots, roads, athletic
1280 courts) but not the creation of new or temporary access roads.
1281
1282 b. Wildfire Mitigation Projects involving the removal of woody debris such as
1283 branches, limbs, and uprooted trees (under a 6-inch diameter) by non-mechanical
1284 means from within the defined wildfire boundaries of improved property or
1285 infrastructure. This Allowance includes the transport on existing road surfaces and
31
09/24/14, FEMA-Statc Section 106 Prototype Programmatic Agreement for Colorado
1286 disposal of such waste to existing approved waste facilities or landfills and
1287 establishing or expanding temporary non-hazardous debris staging and disposal
1288 areas at licensed transfer stations, or existing hard-topped or graveled surfaces.
1289
1290 c. Vegetation management, including installation of natural wind breaks, living
1291 snow-fences, shoreline plantings, natural dune restoration using native vegetation
1292 and sand-fencing,urban-forest practices, and landslide stabilization.
1293 d. Removal of debris from private property provided that buildings are not affected,
1294 ground disturbance is minimal and in-ground elements, such as driveways,
1295 walkways or swimming pools are left in place.
I296
1297 e. Chipping and disposal of woody debris by broadcasting within existing rights-of-
1298 way.
1299
1300 d. Sediment removal from man-made drainage facilities, including
1301 retention/detention basins, ponds, ditches, and canals, in order to restore the
1302 facility to its pre-disaster condition. The sediment may be used to repair eroded
1303 banks or disposed of at an existing licensed or permitted spoil site.
1304
1305 e. Dewatering flooded developed areas by pumping.
1306
1307 2. Temporary Structures and Housing
1308
1309 a. Installation and removal of temporary structures for use as school classrooms,
1310 offices, or temporary shelters for essential public service agencies, such as police,
1311 fire, rescue and medical care, as well as temporary housing for disaster personnel
1312 and survivors at the following types of locations:
1313
1314 i. Single units on private residential sites when all utilities arc installed above
1 315 ground or tie into pre-existing utility lines.
1316
1317 ii. Existing RV/Mobile Home Parks and campgrounds with pre-existing utility
1318 hookups;
1319
1320 iii. Paved areas, such as parking lots and paved areas at such facilities as
1321 conference centers, shopping malls, airports, industrial port facilities business
1322 parks, and military bases when all utilities are installed above ground or tie into
1323 pre-existing utility lines.
1324
1325 iv. Sites that have been previously prepared for planned construction, such as land
1326 being developed for public housing, office buildings. city parks, ball fields,
1327 schools, etc. when all utilities arc installed above-ground or tic into pre-
1378 existing utility lines.
1329
32
09/24/I4, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1330 v. Areas previously filled to depths of at least six feet so that subsurface utilities
1331 can be installed.
1332
1333 2. Recreation and Landscaping
1334
1335 a. Installation of temporary removable harriers.
1336
1337 b. In-kind repairs, installation, or replacement, and minor upgrades/mitigation of
1338 bollards and associated protective barriers when in previously disturbed areas.
1339
1340 B. BUILDINGS AND STRUCTURES
1341
1342 1. Repair or retrofit of buildings less than 45 years old arid not National Register eligible.
1343 2. Removal of water by physical or mechanical means.
1344
1345 3. Installation of exterior security features and early warning devices on existing light
1346 poles or other permanent utilities.
1347
1348 C. TRANSPORTATION FACILITIES, when proposed activities substantially conform to
1349 the original footprint and/or performed in previously disturbed soils, including any staging
1350 areas.
1351
1352 1. Roads and Roadways
1353
1354 a. Paving and repair of roads to pre-disaster geometric design standards and
1 355 conditions using in-kind materials, shoulders medians,clearances, curbs, and side
1356 slopes. This allowance does not include improvement to existing roadways and
1357 appurtenances.
1358
1359 b. Construction of temporary emergency access roads in previously disturbed soils to
1360 allow for passage of emergency vehicles.
1361
1 362 c. Repairs to road slips and landslides that do not require grading of undisturbed soils
1363 on the up-hill side of the slip.
1364
1365 d. Re-establishment, armoring and/or upgrading of existing roadway ditches.
1366
1367 e. In-kind repair or replacement of traffic control devices such as traffic signs and
1368 signals, delineators,pavement markings, traffic surveillance systems.
1369
1370 f. Installation and removal of temporary traffic control devices, including pre-formed
1371 concrete barriers and fencings.
1372
1373 g. In-kind repair or replacement of roadway safety elements such as barriers,
1374 guardrails, and impact-attenuation devices. In the case of guardrails, the addition
1375 ol'safety end treatments is permitted.
33
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1376
1377 2. Airports
1378
1379 a. In-kind repair or replacement of existing runway surfaces and features (e.g.,
1380 asphalt, concrete, gravel, and dirt) and associated air transportation safety
1381 components and systems (e.g., lighting bars, beacons, signage and weather
1382 sensors).
1383
1384 3. Rail Systems
1385
1386 a. In-kind repair or replacement of safety components.
1387
1388 b. In-kind repair or replacement of existing track system and passenger loading areas.
1389
1390 D. FEES AND SERVICES
1391
1392 1. Reimbursement of a subgrantee's insurance deductible, not to exceed$2,500.
1393
1394 H. Second Tier Allowances
1395
1396 A. GROUND DISTURBING ACTIVITIES AND SITE WORK,when proposed activities
1397 described below substantially conform to the original footprint and/or arc performed in
1398 previously disturbed soils, including the area where the activity is staged.
1399
1400 1. Footings, Foundations, Retaining Walls, Slopes, and Slope Stabilization Systems
1401
1402 a. In-kind repair, replacement, and reinforcement of footings, foundations, retaining
1403 walls, slopes, and slope stabilization systems (e.g.. gabion baskets, crib walls,
1404 soldier pile and lag walls) if related ground disturbing activities are within the
1405 boundary of previously disturbed soils.
1406
1407 b. Installation of perimeter drainage (e.g., French drains) when performed in
1408 previously disturbed soils.
1409
1410 2. Recreation and Landscaping
1411
1412 a. In-kind repairs or replacement, and minor upgrades to recreational facilities and
1413 features (e.g., playgrounds, campgrounds, lire pits, dump stations and utility hook-
1414 ups, swimming pools, athletic fields and signage, batting cages, basketball courts,
1415 swing sets, pathways, simple wooden/wire stream crossings).
1416
1417 b. In-kind repair, replacements, and minor upgrades to landscaping elements (e.g.,
1418 fencing, free standing walls, paving, planters, irrigation systems, lighting elements,
1419 signs. flag poles, ramps, steps).
142(1
1421 3. Piers. Docks. Boardwalks. Boat Ramps. and Dune.Crossovers
34
09/24/14, FEMA-Stale Section 106 Prototype Programmatic Agreement for Colorado
1422
1423 a. In-kind repair and replacement and minor upgrades to existing piers, docks,
1424 boardwalks, boat ramps and dune crossovers in areas of previously disturbed soils.
1425
1426 4. Cemeteries
1427
1428 a. Removal of woody debris such as branches and limbs, from cemeteries, provided
1429 that heavy equipment and other machinery are not operated or staged on areas
1430 potentially containing human remains.
1431 B. BUILDINGS AND STRUCTURES
1432
1433 1. Interior Work: Floors, Walls, Stairs,Ceilings and Trim
1434
1435 a. In-kind repair and replacement of floors, walls, stairs, ceilings, and/or trim. The
1436 allowance does not apply to decorative finishes, including murals, glazed paint,
1437 gold leaf, or ornamental plaster.
1438 b. Interior cleaning of surfaces using a weak solution of household bleach and water,
1439 mold remediation, or mold removal. The allowance applies to interior finishes,
1440 including plaster and wallboard, provided the cleaning is restricted to damaged
1441 areas and does not affect adjacent materials.
1442
1443 c. Non-destructive or concealed testing for hazardous materials (e.g., lead paint,
1444 asbestos) or for assessment of hidden damages.
1445
1446 2. Building Contents
1447
1448 a. Repair or replacement of building contents including furniture, movable partitions,
1449 computers, cabinetry, supplies, and equipment and any other moveable items
1450 which are not character defining features of a historic property.
1451
1452 3. Utilities and Mechanical, Electrical, and Security Systems
1453
1454 a. In-kind repair or replacement, or limited upgrading of interior utility systems,
1455 including mechanical (e.g., heating, ventilation, air conditioning), electrical, and
1456 plumbing systems. This allowance does not provide for the installation of new
1457 exposed ductwork.
1458
1459 b. Elevation of heating, ventilation, and air conditioning system (I-HVAC) and
1460 mechanical equipment as long as it is placed or located where it is not visible from
1461 the street.
1462
1463 c. Installation or replacement of interior fire detection, fire suppression, or security
1464 alarm systems. The allowance does not apply to surface mounted wiring, conduits,
1465 piping, etc., unless previously existing, provided that installation of the system
35
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1466 hardware does not damage or cause the removal of'character-defining architectural
1467 features and can be easily removed in the future.
1468
1469 d. Installation of communication and surveillance security systems, such as cameras,
1470 closed-circuit television, alarm systems, and public address systems, provided that
1471 installation of the system hardware does not damage or cause the removal of
1472 character defining architectural features and can be easily removed in the future.
1473
1474 e. Installation of building access security devices, such as card readers, enhanced
1475 locks, and security scanners (e.g., metal detectors), provided the device does not
1476 damage or cause the removal of character-defining architectural features and can
1477 be removed in the future without impacts to significant architectural features.
1478
1479 4. Windows and Doors
1480
1481 a. In-kind repair of damaged or severely deteriorated windows and window frames,
1482 shutters, storm shutters, doors and door frames, and associated hardware, where
1483 profiles, elevations, details and materials match those of the originals.
1484 I b. In-kind replacement of window panes. Clear plate, double insultatedinsulated can
1485 be used, provided it does not result in altering the existing window material, tint,
1486 form, muntin profiles, or number of divided lights. This allowance does not apply
1487 to the replacement of intact decorative glass.
1488
1489 c. Replacement of exterior, utilitarian,non-character-defining metal doors and frames
1490 leading into non character-defining spaces with metal blast resistant doors and
1491 frames.
1492
1493 d. Installation of security bars over windows on rear elevations.
1494
1495 5. Exterior Walls, Cornices, Porches, and Foundations
1496 a. In-kind repainting of surfaces, provided that destructive surface preparation
1497 treatments are not used, such as water blasting, sandblasting, power sanding and
1498 chemical cleaning.
1499
1500 b. In-kind repair of walls, porches, foundations, columns, cornices, siding,
1501 balustrades, stairs, dormers. brackets, trim, and their ancillary components or in-
1502 kind replacement of severely deteriorated or missing or lost features, as long as the
1503 replacement pieces match the original in detail and material. Any ground
1504 disturbance will be limited to previously disturbed soils.
1505
1506 c. In-kind repair or replacement of signs or awnings.
1507
1508 d. Installation of temporary stabilization bracing or shoring, provided such work does
1 509 not result in additional damage.
36
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1510
1511 e. Anchoring of walls to floor systems, provided the anchors are embedded and
1512 concealed from exterior view.
1513
1514 f. In-kind repair of concrete and masonry walls, columns, parapets, chimneys, or
1515 cornices or limited in-kind replacement of damaged components including
1516 comparable brick, and mortar that matches the color, strength, content, rake, and
1517 joint width.
1518
1519 g. Bracing and reinforcing of walls, chimneys and fireplaces, provided the bracing
1520 and reinforcing are either concealed from exterior view or reversible in the future.
1521
1522 h. Strengthening of foundations and the addition of foundation bolts, provided that
1523 visible new work is in-kind, including mortar that matches the color, content,
1524 strength,rake, and joint width where occurring.
1525
1526 i. Repairs to and in-kind replacement of elements of curtain wall assemblies or
1527 exterior cladding that is hung on the building structure, usually from floor to floor,
1528 and when the color, size reflectivity, materials, and visual patterns are unaltered.
1529 6. Roofing
1530
1531 a. Installation of scaffolding, polyethylene sheeting, or tarps,provided such work will
1 532 not result in additional damage or irreversible alterations to character defining
1533 features.
1534
1535 b. In-kind repair, replacement, or strengthening of roofing, rafters, fascia, soffits,
1536 gutters, verge boards, leader boxes, downspouts, or other damaged roof system
1537 components.
1538
1539 c. Repairs to flat roof cladding, including changes in roofing materials, where the
1540 repairs are not highly visible from the ground level.
1541
1542 7. Weatherproofing and Insulation
1543 a. Caulking and weather-stripping to complement the color of adjacent surfaces or
1544 sealant materials.
1545 b. In-kind repair or replacement of insulation systems, provided that existing interior
1546 plaster,woodwork, exterior siding, or exterior architectural detail is not altered.
1547
1548 8. Structural Retrofits
1549
1550 a. The installation of the following retrofits/upgrades, provided that such upgrades
1551 are not visible on the exterior: attic bracing, cross bracing on pier and post
1552 foundations; fasteners; collar lies; gussets; tie downs; strapping and anchoring of
37
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1553 mechanical, electrical, and plumbing equipment; concealed anchoring of furniture;
1554 installation of plywood diaphragms beneath first floor joists, above top floor
1555 ceiling rafters, and on roofs; and automatic gas shut off valves.
1556
1557 b. Replacement,repair or installation of lightning rods.
1558
1559 9. Americans with Disabilities Act(ADA)Compliance
1560
1561 a. Installation of grab bars and other such minor interior modifications.
1562
1563 10. Safe Rooms
1564
I565 a. Installation of individual safe rooms within the property limits of a residence
1566 where the installation would occur within the existing building or structure or in
1567 previously disturbed soils.
1568
1569 11. Elevation, Demolition, and Reconstruction
1570
1571 a. Activities related to the elevation,demolition and/or reconstruction of buildings or
1572 structures less than 45 years of age and not National Register eligible so long as
1573 the proposed activities substantially conform to the original footprint and/or are
1574 performed in previously disturbed soils including any staging area, and the
1575 buildings or structures are not located within or adjacent to a National Register
1576 listed or eligible historic district.
1577
1578 C. TRANSPORTATION FACILITIES, when proposed activities substantially conform to
1579 the original footprint and/or performed in previously disturbed soils, including the area
1580 where the activity is staged.
1581
1582 1. Roads and Roadways
1583
1584 a. Repair of roads to pre-disaster geometric design standards and conditions using in-
I585 kind materials, shoulders, medians, clearances. curbs, and side slopes. This
1586 allowance permits minor improvement to meet current code and standards or
1587 hazard mitigation measures, such as those designed to harden exposed surfaces,
1588 including the application of gravel armoring to side slopes and ditches.
1589
1590 b. In kind repair to historic paving materials for roads and walkways.
1591
1592 c. In-kind repair or replacement, or minor upgrade of culvert systems and stone
1593 arches beneath roads or within associated drainage systems, including provision of
1594 hcadh+ails, riprap and any modest increase in capacity for the purposes of hazard
1595 mitigation or to meet current codes and standards. provided that the work
1596 substantially conforms to the existing footprint. For stone or brick culverts or
1597 arches beneath roadways, this allowance only applies to in-kind repair.
1598
38
09/24/14, FEMA-State Section 106 Prototype Programmatic .Agreement for Colorado
1599 d. In-kind repair or replacement of road lighting systems, including period lighting
1600 fixture styles.
1601
1602 e. In-kind repair or replacement of road appurtenances such as curbs, berms, fences,
1603 and sidewalks.
1604
1605 2. Bridges
1606
1607 a. Installation of a temporary (Bailey-type) bridge over an existing structure or at a
1608 previously disturbed location, such as a former bridge location, to allow passage of
1609 emergency vehicles.
1610
1611 b. In-kind repair or replacement of bridges and bridge components(e.g. abutments,
1612 wing walls,piers, decks, and fenders)in previously disturbed soils.
1613
1614 D. UTILITIES, COMMUNICATIONS SYSTEMS AND TOWERS, when proposed
1615 activities substantially conform to the original footprint and/or performed in previously
1616 disturbed soils,including the area where the activity is staged.
1617
1618 1. General
1619
1620 a. In-kind repair or replacement, or minor upgrading, small scale realignment, and
1621 elevation of utilities and associated features and structures within previously
1622 disturbed soils of rights-of-way or utility corridors.
1623
1624 b. Installation of new utilities and associated features within existing rights-of-way.
1625
1626 c. Directional boring of newireplacement service line and related appurtenances
1627 involving boring or silt trenches within previously disturbed soils of rights-of-way
1628 or utility corridors.
1629
1630 d. In-kind repair or replacement,or minor upgrade of water towers provided activities
1631 take place within previously disturbed soils. Ground-level facilities may be added
1632 or expanded in previously disturbed areas. This allowance does not apply to
1633 masonry water towers.
1634
1635 2. Generators and Utilities
1636
1637 a. In-kind repair or replacement, or minor upgrades, elevation, and/or installation of
1638 generators, HVAC systems, and similar equipment provided activities occur within
1639 previously disturbed soils and any roof mounted equipment is not visible from the
1640 ground level.
1641
1642 3. Communication Equipment/Systems and Towers
1643
39
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1644 a. Acquisition, installation, or operation of communication and security
1645 equipment/systems that use existing distribution systems, facilities, or existing
1646 infrastructure right-of-way.
1647
1648 b. The collocation of communication and security equipment on existing towers and
1649 buildings/structures less than 45 year in age, provided that the work does not
1650 increase existing tower height or footprint by more than 10% and occurs within
1651 previously disturbed soils.
1652
1653 c. Enhancement, repair or replacement of existing communication towers and
1654 antenna structures provided the work does not increase existing tower height or
1655 footprint by more than 10% and occurs within previously disturbed soils.
1656
1657 d. Installation of new temporary (not to exceed 12 months) communications towers
1658 and antenna structures provided that the work occurs does not require modification
1659 of buildings/structures 45 years or older and occurs within previously disturbed
1660 soils.
1661
1662 e. Installation of new communication towers, less than 200 feet tall, in previously
1663 developed urban areas when the work does not require modification of
1664 buildings/structures 45 years or older, occurs within previously disturbed soil, and
1665 is not within 1,000 feet of the boundaries of a historic property.
1666
1667 E. WATER RESOURCE MANAGEMENT AND CONTROLS,when proposed activities
1668 substantially conform to the original footprint and/or performed in previously disturbed
1669 soils, including the area where the activity is staged.
1670
1671 1. Canal Systems
1672
1673 a. In-kind repairs or replacement to canal systems and associated elements.
1674
1675 2. Breakwaters, Seawalls, Revetments, and Berms
1676
1677 a. In-kind repair or replacement of breakwaters, seawalls, and revetments, provided
1678 the work occurs in previously disturbed soils.
1679
1680 3. Dams,Levees, and Floodwalls
1681
1682 a. Jn-kind repair of dams, levees, Foodwalls and related features, including spillways,
1 683 tide gates, and fuse plugs, provided the work occurs in previously disturbed soils.
1684
1685 4. Fish Hatcheries
1686
1687 a. In-kind repair or replacement of fish hatcheries and fish ladders.
1688
1689 5. Waste-Water Treatment Lagoon Systems
40
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1690
1691 a. In-kind repair or replacement, or minor upgrades of waste-water treatment lagoon
1692 systems.
1693
1694
41
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1695 Appendix C
1696
1697 Treatment Measures
1698
1699
1700 When avoidance or minimization of adverse effects is not appropriate,the following Treatment
1701 Measures are suggested for the resolution of adverse effects:
1702
1703 If Undertakings may or will result in adverse effects, FEMA, the Grantee(s), suhgrantee, SHPO,
1704 and participating Tribes(s) may develop a treatment measure plan that includes one or more of the
1705 following Treatment Measures, depending on the nature of historic properties affected and the
1706 severity of adverse effects. This Appendix may be amended in accordance with Stipulation
1707 IV.A.3 of this Agreement, Amendments.
1708
1709 A. Recordation
1710
1711 1. Digital Photography Package: Prior to project implementation, the designated
1712 responsible party shall oversee the successful delivery of a digital photography
1713 package prepared by staff or contractors meeting the Professional Qualifications for
1714 Architectural History, History, Architecture, or Historic Architecture, as appropriate.
1715 The digital photography package will meet the standards cited in the NPS' National
1716 Register of Historic Places Photographic Policy Afar ch 2010 or subsequent revisions
1717 thttp:;:www.nps.gov/nr'publications/bulletins photopolicv'index.htm).
1718
1719 a. The digital photography package shall include a comprehensive collection of
1720 photographs of both interior and exterior views showing representative spaces and
1721 details of significant architectural features and typical building materials. Exterior
1722 photographs shall include full oblique and contextual images of each elevation.
1723 Exterior views shall be keyed to a site plan while interior views shall be keyed to a
1724 floor plan of the building/structure. The photographs shall be indexed according to
1725 the date photographed. site number, site name. site address, direction, frame
1726 number, subject matter and photographer's namc recorded on the reverse side in
1 727 pencil.
1728
1729 b. The digital photography package shall include printed color copies of the digital
1730 photographs (on appropriate papa•, per NPS Photographic Policy), a CD DVD of
1731 the digital photographs, a completed state architectural inventory form, and a
1732 written site history of the historic property.
1733
1734 c. The designated responsible party shall submit the digital photography package. t+,
1735 the Sl--1PO, participating Tiibt..•), or Nati\c Ha<<.uian organ n,at ion(s) ;in :c it
1736 and approval. Once approved b) the SHI'O. participating I'i ihet:, .
1737 Hawaiian orLam zation(s). Ila.' d:'sign..ti d rrspun,►l'ic -ohm,' ;op. f d
1738 I the approved docu► lenta ion t ' state ot loetal hi4t+n e4iocal historical ►
1739 arcl►it c, and ot lib al) for p, min nt
•2
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for olor ado
1740
1741
1742 B. Public Interpretation
1743
1744 Prior to project implementation, FEMA, the Grantee(s), and subgrantee shall work with
1745 the SHPO and/or participating Tribe(s) to design an educational interpretive plan. The
1746 plan may include signs, displays, educational pamphlets, websites, workshops and other
1747 similar mechanisms to educate the public on historic properties within the local
1748 community, state, or region. Once an interpretive plan has been agreed to by the parties,
1749 SHPO and/or participating Tribes and the designated responsible party shall continue to
1750 consult throughout implementation of the plan until all agreed upon actions have been
1751 completed by the designated responsible party.
1752
1753 D. Historical Context Statements and Narratives
1754
1755 Prior to project implementation, FEMA, the Grantee(s), and subgrantee shall work with
1756 the SHPO and participating Tribe(s) to determine the topic and framework of a historic
1757 context statement or narrative the designated responsible party shall be responsible for
1758 completing. The statement or narrative may focus on an individual property, a historic
1759 district, a set of related properties, or relevant themes as identified in the statewide
1760 preservation plan. Once the topic of the historic context statement or narrative has been
1761 agreed to, the designated responsible party shall continue to coordinate with the SHPO
1762 and participating Tribe(s) through the drafting of the document and delivery of a final
1763 product. The designated responsible party shall use staff or contractors that meet the
1764 Secretary's Professional Qualifications for the appropriate discipline.
1765
1766 E. Oral History Documentation
1767
1768 Prior to project implementation, FEMA, the Grantee(s), and subgrantee shall work with
1769 the SHPO and/or participating Tribe(s) to identify oral history documentation needs and
1770 agree upon a topic and list of interview candidates. Once the parameters of the oral history
1771 project have been agreed upon, the designated responsible party shall continue to
1772 coordinate with the SHPO and/or participating Tribe(s) through the data collection,
1773 drafting of the document, and delivery of a final product. The designated responsible party
1774 shall use staff or contractors that meet the Secretary's Professional Qualifications for the
775 appropriate discipline.
1776
1777 F. Historic Property Inventory
1778
1779 Prior to project implementation, FEMA. the Grantee(s), and subgrantee shall work with
1780 the SHPO and/or participating Tribe(s) to establish the appropriate level of effort to
1781 accomplish a historic property inventory. Efforts may be directed toward the resurvey of
1782 previously designated historic properties and/or districts which have undergone change or
1783 lack sufficient documentation, or the survey of new historic properties and/or districts that
1784 lack formal designation. Once the boundaries of the survey area have been agreed upon,
1785 the designated responsible party shall continue to coordinate with the SHPO and/or
43
09/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
1786 participating Tribe(s), or Native Hawaiian organization(s) through the data collection
1787 process. The designated responsible party shall use SHPO and/or participating Tribe(s)
1788 standards for the survey of historic properties and SHPO and/or participating Tribe(s)
1789 forms as appropriate. The designated responsible party shall prepare a draft inventory
I790 report, according to SHPO and/or participating Tribe(s) templates and guidelines, and
1791 work with the SHPO and/or participating Tribes until a final property inventory is
1792 approved. The designated responsible party shall use staff or contractors that meet the
1793 Secretary's Professional Qualifications for the appropriate discipline.
1794
1795 G. National Register and National Historic Landmark Nominations
1796
1797 Prior to project implementation, FEMA, the Grantee(s), and subgrantee shall work with
1798 the SHPO and/or participating Tribes to identify the individual properties that would
1799 benefit from a completed National Register or National Historic Landmark nomination
1800 form. Once the parties have agreed to a property, the designated responsible party shall
1801 continue to coordinate with the SHPO and/or participating Tribes through the drafting of
1802 the nomination form. The SHPO and/or participating Tribe(s) shall provide adequate
1803 guidance to the designated responsible party during the preparation of the nomination
1804 form and shall formally submit the final nomination to the Keeper for inclusion in the
1805 National Register. The designated responsible party shall use staff or contractors that meet
1806 the Secretary's Professional Qualifications for the appropriate discipline.
1807
1808 H. Geo-References of Historic Maps and Aerial Photographs
1809
I810 Prior to project implementation, FEMA, the Grantee(s), and subgrantee shall work with
1811 the SHPO and/or participating Tribe(s) or Native Hawaiian organization(s) to identify the
1812 historic maps and/or aerial photographs for scanning and geo-referencing. Once a list of
1813 maps and/or aerial photographs have been agreed upon, the designated responsible party
1814 shall continue to coordinate with the SHPO and/or participating Tribes through the
1815 scanning and geo-referencing process and shall submit drafts of paper maps and electronic
1816 files to the SHPO, and/or participating Tribes) for review. The SHPO and/or participating
1817 Tribe(s) shall have final approval on the quality of the documentation provided by the
1818 designated responsible party. The final deliverable produced by the designated responsible
1819 party shall include a paper copy of each scanned image, a geo-referenced copy of each
1820 scanned image, and the metadata relating to both the original creation of the paper maps
1821 and the digitization process.
1822
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(19/24/14, FEMA-State Section 106 Prototype Programmatic Agreement for Colorado
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