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 6 of 29

A. Immediate rescue and salvage operations conducted "io preserve life and jaroperty are exempt from the provisions of Section 100 (36 CFR §S00.12(d)).

B. As a result or in anticipation of the Disaster. FEMA may be requested to authorize funding for emergency protective measures in response to an immediate threat to human health and safetx or improved property, which may adversely affect historic properties. For ah Undertakings that the Federal Coordinating Officer (FCO) detennines are of an emergency nature as defined in Section 102(1) of the Stafford Act. and are not exempt from Section 106 review in accordance with Stipulation II.B. above, FEM.A will conduct the following expedited rex iew:

The expedited review period will begin at the time that FEM.X determines that an emergency action is required, and will remain in eflect for the time necessary to implement this expedited reA'iew. but for not more than 30 days after the time of discovery of the emergency.

2. Tlie FCO will certify in writing to the SHPO the need for FEM.A to conduct expedited project re\iew for indh idual Undertakings. Should FE.M.A determine that it is necessary to exlend the expedited review period beyond 30 days. FE.M.A will, in 30-day increments, as needed, request an extension in writing from the Council. FE.M.A will immediately assume the Council's concunence unless otherwise notified by the Council.

3. If it appears that an emergency action will ad\ ersely affect a historic property during this e.xpediied review period. FEM.A will provide the SFIPO with available information about the condition of the properly, the proposed action, and prudent and feasible measures that would take the ad^■erse effect into account, requesting the SHPO's comments. FE.M.A may provide this information through written requests, telephone coiwersalions. meetings, or electronic media. The SHPO will respond to any FE.M.A request for comment.s within 3 days alter receipt, unles.s FEMA detennines the nature of the emeraencv action wanants a shorter time period.

4. If FE?\I.A does not accept the recommendations provided by the SHPO pursuant to this Stipulation, or the SHPO object.s to FE.M.A's proposal to use the emergence' review- procedure and'or proposed treatment measures. FE.M.A will consult with the SHPO to resolve the dispute. If FEM.A is unable to resolve the dispute. FE.M.A will seek the Council's comments for the Particular Undertaking. The Council will provide final comments, to FEM.A within .3 days after receipt of FE.MA's request, unless FEM.A determines the nature of the emergency action w'anants a shorter time period. FE.M.A will lake into account the Council's comments prior to approving the L ndertaking.

V. STANDARD PROJECT REA lEW

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