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

NYC 9/11 Public Portal Document r Friday 15 of Mar 2002, Mayor Office .->718 595 4544 Page 8 of 29

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substantially conform to the Standards, in consultation with the SHPO and consulting parties. FEMA also will ensure that the revised scope of work i.s reviewed for fimding eligibility. If the applicant modifies the scope of work to address the objections, FEM.A will notify the SHPO and all consulting parties, and provide supporting documentation. Unless the SHPO or any consulting party objects within 7 dax’S after receipt, FEMA will have completed the Section 106 review for the Undertaking and may approve it.s funding.

c. If the applicant is unable to. or will not modify the Undertaking to meet the Standards or address the objections, FEMA will initiate adverse effect consnltalion pursuant to Stipulation VI.

For archaeological properties only;

a. If there is a reasonable potential for archaeological properties to be present within the APE, FEMA will consult with the SHPO to determine the level of effort necessary to identify and evaluate the anticipated type and location of these properties.

b. If the SHPO or any other consulting party objects to FEM.A's determination that identified archaeological properties can be avoided tlu'Oiigh redesign of an Undertaking, or tiuough procedures'requirements agreed upon among all the consulting parties, or concurs that there will be an adverse effect. FEMA will initiate adverse effect consultation pursuant to Stipulation VI.

c. Performance Standards for archeology can be added to this agreement, upon mutual written consent of FEM.A and the SHPO. without necessitating amendment to this agreement.

M. RESOLU riO.X OF ADMvRSE EFFECTS FOR HISTORIC PROPERTIES

.A. If FEMA determines that an Undertaking will adversely affect a historic property. FEM.A will determine if the Lhidertaking will be reviewed in accordance with 36 CFR §800.6(b). resulting in a .Memorandum of Agreement (MOA), or addressed through a 1

Secondarx' Programmatic Agreement (Secondary Agreement). Following this decision. FE.M.A will notify the SHPO, all other consulting parties, and provide the Council with an adverse effect notice, including documentation in accordance with 36 CFR §800.11(e).

1. Memorandum of Agreement: FEMA may develop an MOA in accordance with .36 CFR §800.6(c) to outline measures to treat adverse effects to historic properties. FEMA may consider reasonable alternate treatment measures that serve an equivalent or greater public benefit than standard measures or archaeological data recovery, while promoting the presersation of historic

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