Fax forwarding DEP briefing materials for Mayor's meeting, March 2002

NYC 9/11 Public Portal Document

Friday 15 of Mar 2002, Mayor Office ->718 595 4544 Page 4 of 29

WHERE.AS, in recognition of the fact that the Impacted Area includes properties which the Secretary of the Interior (Secretary) has designated National Historic Landmarks, FEM .A has provided notification to the Secretary pursuant to 36 CFR Section 800.10; and

WHEREAS, the SHPO has determined that state agencies participating in Undertakings covered by this Agreement, including but not limited to the State Emergency Management Office. Department of Environmental Coiiservation, and the Department of State, will be exempt from review under New York State Parks. Recreation and Historic Preservation Law. §14.09. in accordance with the provisions of §428.2 olbbc implementing regulations;

NO^^■, THEREFORE. FEMA, the SHPO. SEMO. and the Council agree that these Programs will be administered in accordance with the following Stipulations to satisfy FEM.A's Section 106 responsibilities for all Undertakings. FE.M.A will not approve Rinding of any Undertaking until it is reviewed pursuant to this Agreement.

STIPULATIONS

To the extent of its legal authority, and in coordination w ith the SHPO. SEMO. and the Council, FEMA shall require that the following measures are implemented:

I. LEAD AGENCY COORDINATION

A. When FEM.A. is determined to be the Lead .Agency and has obtained the consent of the paiticipaling Federal agency or agencies. FEMA will coordinate the Section 106 review- activities of all Federal agencies that participate in Undertakings funded by the Programs.

IL APPLICABILITY

A. This Agreement applies only to the Programs implemented for the Disaster.

B. FEM A has determined that the following type.s of activities that have limited potential to cause effects to historic properties and I'EMA has no further Section 106 responsibilities.

1. Implementation of the Programs as related to assistance to individuals and households (Sections 40S and 411 of the Stafford .Act, Individual and Family Grant Programs and Temporary Housing Program), with the exception of ground disturbing activities and construction related to temporary housing'.

2. Funding the administrative action of acquiring properties in buyout projects. SEMO w’ill ensure that applicants secure the properties from physical alteration, illegal entry, and damage until the requirements of the .Agreement are fullllled. .Applicant communities will agree to these provisions as a condition of the grant before FEM.A w ill release any project funding.

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