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 9 of 29

properties. FEMA will attempt to identify all such feasible measures in consultation with the SHPO and other consulting parties.

2. Secondary Programmatic Agreement: FEMA, the SHPO, SEMO, the Council, if participating, and other consulting parties may consult to develop a Secondary Agreement to require programmatic conditions and/or treatment measures for multiple, but similar Undertakings by an applicant.

B. When an Undertaking will adversely affect an archeological property, FEMA may treat the adverse effect by providing for the recovery of significant information though archaeological data recovery or other scientific means. To accomplish this objective, FEMA will follow the Secretary's Guidelines for Archeological Documentation and consult with the other consulting parties to prepare a data recovery plan. For sites where FEMA determines extraordinary circumstances exist or when other treatment measures are appropriate, FEMA will consult further with the other consulting parties to develop an appropriate approach to resolving the adverse effects.

C. FEMA will also involve the public in the resolution of adverse effects in accordance with 36 CFR §800.6(a)(4).

D. When an Undertaking will adversely affect a National Historic Landmark (NHL), FEMA also will invite the Secretary of the Interior (Secretary) to participate in consultation. When the Council participates in consultation related to an NHL, the Council will report the outcome of the consultation to the Secretary and the FEMA Director.

VII. CHANGES TO AN APPROVED SCOPE OF WORK

SEMO will notify FEMA as soon as practicable of any proposed change to the approved scope of work for an Undertaking whose review was previously concluded pursuant to the Agreement. FEMA will then consult with the SKPO to determine if the change will have an effect on the property in a manner not previously considered. FEMA may authorize the applicant to proceed with the change if it meets an Allowance or if, for a standing structure, the change can be modified to conform to the Standards, any other applicable Secretary's Standards; or if, for an archeological property, a previously unidentified archeological site can be avoided. If FEMA determines that the change does not meet an Allowance, or if FEMA and the SHPO determine that the change cannot be modified to conform to the Standards, or any other applicable Secretary's Standards, FEMA will initiate adverse effect consultation pursuant to Stipulation VI.

VIII. LNEXPECTED DISCOVERIES

A. SEMO will notify FEMA as soon as practicable if it appears that an Undertaking will affect a previously unidentified property that may be historic, or affect a known historic property in an unanticipated manner. SEMO will require the applicant to stop construction activities in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the property until FEMA concludes consultation with the SHPO.

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