Mayor's Office memo re: DEP meeting, Mar 2002

NYC 9/11 Public Portal Document

Friday 15 of Mar 2002, Mayor Office ->718 595 4544 Page 3 of 29

PROGRAMMATIC AGREEMENT AI\'IONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE NEW YORK STATE HISTORIC PRESERVATION OFFICER, THE NEW YORK STATE EMERGENCY MANAGEMENT OFFICE, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

WHEREAS, in response to the World Trade Center Terrorist Attack, FEMA-1391-DR-NY (Disaster), the Federal Emergency Management Agency (FEMA) proposes to administer the Federal disaster Public Assistance, Hazard Mitigation Grant, Individual and Family Grant, and Flood Mitigation Assistance Programs (Programs) pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§5121-5204c, (Stafford Act), and its implementing regulations contained in Title 44 of the Code of Federal Regulations (44 CFR) Part 206, and the National Flood Insurance Reform Act of 1994 and its implementing regulations contained in 44 CFR Part 78; and

WHEREAS, FEMA has determined that implementation of these Programs will result in Undertakings that may affect properties listed in or eligible for the National Register of Historic Places (historic properties). and FEMA has consulted with the State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council), pursuant to 36 CFR Part 800, implementing Sections 106 and 110(f) of the National Historic Preservation Act (NHPA), 16 U.S.C. Part 470; and

1VHEREAS, as a result of the Disaster, New York State will receive financial and technical assistance from FEMA and will in turn provide monies and other assistance to eligible applicants to alleviate the effects of the Disaster, and the New York State Emergency Management Office (SEMO) will be responsible for administering these Programs, and has participated in this consultation, and has been invited to enter into this Programmatic Agreement (Agreement); and

WHEREAS, FEMA, the SHPO, SEMO, and the Council acknowledge that the implementation of these Programs will be more effective if, pursuant to 36 CFR §800.14(b) :;n agreement is in place to define roles and responsibilities in the Section 106 review process; eliminate the need fur further SHPO and Council review of certain routine activities with little potential to adversely affect historic properties; establish an expedited SHPO re _ ., process for activities that cannot be eliminated from review; and promote efficiency so that the effects of Undertakings on historic properties may be considered while delays to FEMA's delivery of disaster assistance are minimized; and

WHEREAS, for the purposes of this agreement, FEMA has defined the area physically damaged by the Terrorist Attack (Impacted Area) as that area bounded to the north by the south side of the centerline of Chambers Street, to the south by the north side of the centerline of Rector Street. to the east by the west side of the centerline of Broadway, and by the Hudson River shoreline to the west, as illustrated in the map identified as Appendix D; and

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