1ST AMENDED MEMORANDUM AGREEMENT1st amended memorandum agreement among the federal emergency...
Transcript of 1ST AMENDED MEMORANDUM AGREEMENT1st amended memorandum agreement among the federal emergency...
1ST AMENDED MEMORANDUM AGREEMENT AMONG
THE FEDERAL EMERGENCY MANAGEMENT AGENCY THE ADVISORY COUNCIL ON HISTORIC
AND THE LOUISIANA STATE HISTORIC PRESERVATION OFFICER DEMOLITION OF
THE STATE OFFICE BUILDING and CONSTRUCTION NEW STATE OFFICE BUILDING
NEW ORLEANS, LA
Management 406 of
§§5121
~'"M''''UC'V''''' (44
Historic Preservation (ACHP), FP&C,
and Building and
Movement (DOCOMOMOINOLA), collectively accordance with Section 106 of the Historic Preservation (t\lHPA), implementing regulations (36 CFR 800), the "Programmatic
Among FElvfA, the Office ofHomeland and and Advisory on Historic Preservation (ACHP) "
m 2004 (2004 Statewide PA) to develop a Agreement (MOA) to the of the proposed Undeltaking; and
WHEREAS, the MOA for the Undertaking went into effect on June 20, 2008 following execution by Signatories the Invited and
WHEREAS, pursuant to Stipulation the FP&C notified FEMA that it is for FP&C to complete Undertaking because the of Louisiana has
that a long-term lease on a redeveloped building located in downtown New is a more option construction of a new Office Building at this
due to the downturn in national and economy, the of the markets outlay need to downtown area of New and requested FEMA ConSUlting to MOA and
(l sl AMOA); and
New Orleans State Office and Annex of 10 I st Amended Memorandum
WHEREAS, the 151 AMOA to and the MOA,
the terms of the MOA upon its by Signatories and Invited
WHEREAS, Sub grantee, will continue to assume perform various by this and FEMA
in this VV',L"YL 1st AMOA as an Invited Signatory;
DOCOMOMOINOLA that to participate in this consultation execute
as a
WHEREAS, all to periods in this 13t AMOA are in calendar days all notices, requests for and other communications submitted by e-mail; and
NOW, THEREFORE, SHPO FP&C will be implemented in accordance the following Stipulations to effects the Undertaking on historic and to satisfy responsibilities Undertaking.
STIPULATIONS
the extent of legal authority and in coordination with the SHPO, FP&C, and DOCOMOMOINOLA, will that following measures
are implemented:
I. RECORDATION TREATMENT MEASURE
FP&C provided of Work (SOW) to and SHPO review and comment on May 1 2008. SOW included a list of fifty
(53) exterior interior NO-SOB Annex. comments on the SOW to on
May 16, to comments the draft of the recordation FEMA and SHPO reviewed draft
FP&C on December 18, 2008 that these the IVB,/£>,.
B.
requirements
New Orleans State Office and Annex 2 of 10 151 Amended Memorandum of Agreement
II. ADDITIONAL TREATMENT
A. Albrizio Mosaic Mural
1. FP&C contracted appropriate specialty, in Conservation of Historic and Guidelines for Practice, to Conrad Albrizio mosaic mural.
The Albrizio mural was documented in as of the recordation required by Stipulation I MOA and was removed from the Annex in July 2008 by the art conservator. mural is currently undergoing restoration.
3. FP&C will notify FEMA and it r1PT'~"fYl for the reinstallation of the mural and will have by the qualified art conservator in an interior State facility before the expiration date of this 1
FP &C will report on the status of the mural in Stipulation VI.
of Building Materials
1. has salvaged and secured AI, DIl, MSll, MSI
An,,,,,,,,,...1" Documents for the
FP&C will take steps to identify opportunities to reuse and marble in other new or
of Louisiana and will report on its
3. has salvaged the commerative materials listed below and completed the requirements of the MOA in Stipulation ILB.2 for
materials when it transferred these plaques, medallions, cornerstones to the Louisiana Supreme Court:
a. Louisiana State Bar Association Bronze Plaque b. Supreme Court of Louisiana 1958 Bronze Plaque c. 8 State of Louisiana Medallions from elevators d. Marble Cornerstone, State Office Building e. Marble Cornerstone, Supreme Court Building (Annex)
New Orleans State Office and Annex 3 of 10 Isl Amended Memorandum of
f. Bronze Plaque State Building
DESIGN REVIEW PROCESS
A. to the March 10, 2008 as part the consultation process to develop the Comments on the Schematic Design were considered during the consultation process and incorporated, where Design Development
B. artd provided Consulting Parties on
by the the
Development Drawings to comment
by Stipulation ULC of MOA, FP&C it will not construct a new Office structures and that it will fill
of buildings; cover area with '-'''-'Jen,i'', concrete paving. plans to ownership
that it will construct a new building on on any
D. for the treatment of following demolition to cover it with repair damage to surface of the
existing concrete paving, and extend it open at Plaza. plan will the treatment of Morrison
the FEMA will forward
will provide comments, if IS-day
receipt
If FEMA determines proposed for the redevelopment site will cause additional effects to historic FEMA will notify
SHPO, FP&C, the Concurring Parties by within
New Orleans State Office and Annex 4 of 10 15\ Amended Memorandum of
28 clearly describe the that must addressed to avoid the additional effects. notice will submitted by the review period outlined in Stipulation effects any recommendations by parties may additional adverse that it is proposed notification, and
it was ~U.'.VL~
FEMA,
steps to minimize or avoid adverse The purpose of the will be to identify any alternatives to minimize or avoid the additional adverse FEMA not request a meeting to FP&C's within 4-days of e-mail
the adverse FP &C the nrnn",-, plan.
IV. PROTECTION ARCHAEOLOGICAL PROPERTIES THA T MAY PRESENT BELOW DUNCAN PLAZA
FEMA, Mississippi Band of Indians (MBCI) Site and the Plan during
that will affect archaeological nr{'\,npl'T1
FEMA, in consultation with SHPO and MBCI, determined that IS some that archaeological encountered FP&C
demolishes and the building following use as a heavy equipment area demolition.
FP&C paved area will not remove concrete to make area safe and walkable.
Louisiana Archaeology to ensure that actions and replace concrete slabs in this paved area are in of the Louisiana.
V. DISCOVERIES AND UNFORESEEN
If, in course Undertaking, archaeological are or effects occur, FP&C ensure that contractor immediately
work in vicinity of all measures to avoid or harm to archaeological finds and/or to or mmlmlze further effects. shall ensure the archaeological are and access to the area of discovery is
New Orleans State Office Building and Annex 5 of 10 ISI Amended Memorandum of Agreement
as
to detennine if steps to property are ne,::essaI'V
opportunity to in this
FEMA in consultation with SHPO, assume a newly property is eligible for Register for purposes of this 1 st AMOA.
D. and the SHPO will conclude this consultation if the human and FEMA and SHPO detennine
is not eligible National or if that the TrH"P",-,,'pn effect will not adversely
will notify work may or unforeseen
and the SHPO determine that
contain others, as appropriate, to on timeframes to avoid,
or mitigate adverse effects. Any may situation. At the conclusion of
will provide all that participated in the discovery a written summary of the consultation and its be e-mail.
If shall
ensure Human
remams are over the Indian
GOHSEP to ensure other applicable laws, and In
require that the contained the ACHP's Regarding Burial Sites, Remains, and
Policy Statements that are issued
VI. REPORTING
A. will a semiannual status to FEMA GOHSEP on or and July 3 the Albrizio the disposition
New Orleans State Office Building and Annex 6 of 10 1sl Amended Memorandum of
of the salvaged granite and marble; and the treatment of the NO-SOB and Annex site.
B. FEMA will forward copies of this report to the Signatories and Concurring Parties. The Signatories and Concurring Parties will provide comments on the status report within IS-days of receipt and FEMA will arrange a meeting, if requested by any of the Signatories or Concurring Parties during the 15 day review period, to discuss the status report. This meeting may be conducted via a conference call or in person at FEMA' s discretion.
C. The semiannual reports will be submitted by FP&C to FEMA and GOHSEP through the duration of this 1st AMOA as set out in Stipulation IX.
VII. DISPUTE RESOLUTION
A. Should any Consulting Party object to FEMA within the timeframes provided by this MOA to any plans, specifications, or actions provided for review, FEMA shall notify FP&C and GOHSEP and consult further with the objecting party, FP&C, and GOHSEP to seek resolution.
B. If FEMA determines that the dispute cannot be resolved, FEMA shall forward FEMA's proposed resolution of the dispute and all relevant documentation to the ACHP. Within 7-days after receipt of the documentation, the ACHP will:
l. Advise FEMA that it concurs with FEMA's resolution of the dispute: or
2. Provide FEMA with recommendations, that FEMA shall take into account in reaching a final decision regarding the dispute: or
3. Notify FEMA that it shall comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any such comment provided by the ACHP shall be taken into account by FEMA in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute.
C. If the ACHP does not provide FEMA with comments or recommendations within 7-days, FEMA may assume that the ACHP does not object to its recommended approach and it shall proceed accordingly.
D. Any recommendation or comment provided by the ACHP shall be understood to pertain only to the subject of the dispute, and FEMA's responsibilities to fulfill all actions that are not the subject of the dispute shall remain unchanged.
New Orleans State Office Building and Annex 7 of 10 1st Amended Memorandum of Agreement
E. Any National that is not resolved pursuant to Stipulation will §800.4( c )(2).
VIII. AMENDMENTS, TERMINATION, AND NONCOMPLIANCE
A. that it is not 151of this
writing of Within 21-days of meet with the Invited Signatory,
in person or by to determine if the 151 AMOA or terminated, and proceed accordingly.
B. Any be amended
C. If the 151 is not amended, the or Invited Signatory terminate 151 AMOA by providing a 30-day written notice to the Signatories, Invited Signatory, and Concurring The Signatories, Invited Concurring Parties will good faith to
actions that would during this Should consultation fail, will promptly notify the
Signatory, and in writing the 1 st FEMA to comply
time of consultation
terminates or
DURATION
Unless amended or in accordance with will remain in effect December 31, 2012, or has been satisfactorily fulfilled. FP&C will notify Undertaking is FEMA 'Will notify the and Concurring when it fulfilled.
New Orleans State Office and Annex 8 of 10 Isl Amended Memorandum of Agreement
X. EFFECTIVE DATE AND IMPLEMENTATION OF MOA
This 1 SI AMOA shall become effective immediately upon signature by the Signatory Parties. FEMA shall provide each Signatory, Invited Signatory, and Concurring Party with a complete copy of the 1 sl AMOA including all executed signature pages.
1st EXECUTION AND IMPLEMENTATION of this Amended Memorandum of Agreement evidences that FEMA has afforded ACHP a reasonable opportunity to comment on the Undertaking and its effects on historic properties, that FEMA has taken into account the effects of the Undertaking on historic properties, and that FEMA has satisfied its responsibilities under Section 106 of the National Historic Preservation Act and applicable implementing regulations.
SIGNATORY PARTIES: FEDERAL EM GENCY MANAGEMENT AGENCY
(
Louisiana Transitional Recovery Office
ADVISORY COUNCIL ON HISTORIC PRESERVATION
dL14. ~. Date '1k/otJohn M. Fowler Executive Director
UISIANA STATE HISTORIC PRESERVATION OFFICER
Date: S- - //-05 State Historic Preservation Officer
INVITED SIGNATORY:
DIVISION OF ADMINISTRATION, FACILITY PLANNING & CONTROL
Date: pi (1/Cjt t
New Orleans State Office Building and Annex 9 of 10 151 Amended Memorandum of Agreement
-------
CONCURRING PARTIES:
GOVERNOR'S OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPAREDNESS
/1Jh 4 / 7, ZoO,?Ja~ Date
Assistant Deputy Director, Disaster Recovery
DOCOMOMO USILOUISIANA CHAPTER (DOCOMOMOINOLA)
Date:
New Orleans State Office Building and Annex 10 of 10 1st Amended Memorandum of Agreement