Programmatic agreement for building cleaning following disaster, March 2002

NYC 9/11 Public Portal Document

WHEREAS, in recognition of the fact that the Impacted Area includes properties which the Secretary of the Interior (Secretary) has designated National Historic Landmarks, FEMA 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 Conservation, 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 of the implementing regulations;

NOW, THEREFORE, FEMA, the SHPO, SEMO, and the Council agree that these Programs will be administered in accordance with the following Stipulations to satisfy FEMA's Section 106 responsibilities for all Undertakings. FEMA will not approve funding of any Undertaking until it is reviewed pursuant to this Agreement.

STIPULATIONS

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

1. LEAD AGENCY COORDINATION

A. When FEMA is determined to be the Lead Agency and has obtained the consent of the participating 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. FEMA has determined that the following types of activities that have limited potential to cause effects to historic properties and FEMA has no further Section 106 responsibilities.

1. Implementation of the Programs as related to assistance to individuals and households (Sections 408 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 will ensure that applicants secure the properties from physical alteration, illegal entry, and damage until the requirements of the Agreement are fulfilled. Applicant communities will agree to these provisions as a condition of the grant before FEMA will release any project funding.

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