Programmatic agreement for building cleaning following disaster, March 2002

NYC 9/11 Public Portal Document

3. Implementation of Federal assistance pursuant to Section 422 of the Stafford Act, Simplified Procedures, which govern small projects in the FEMA Public Assistance program less than or equal to $50,600 when it has the effect of restoring a facility to its pre-disaster condition using in-kind materials and workmanship.

C. FEMA will determine when an Undertaking involves a non-historic property in the Impacted Area by consulting Appendix C. Non-historic properties include any properties within the Impacted Area that are not listed in Appendix C. If an Undertaking affects only a non-historic property within the Impacted Area and does not involve ground­ disturbing activities, FEMA will document this determination in the project file and authorize the release of funding for the Undertaking.

D. FEMA will determine when an Undertaking meets applicable criteria of the Programmatic Allowances (Allowances) listed in Appendix A. FEMA will document this determination in the project file and authorize the release of funding for the Undertaking. FEMA and the SHPO may agree upon modification or additional allowances to Appendix A upon mutual written consent, without necessitating amendments to this agreement.

E. For all other activities, FEMA will conduct Section 106 review in accordance with Stipulation IV. or V. of the Agreement.

III. GENERAL

A. Professional Qualifications: FEMA will use Federal, New York State agency, or contractor staff who meet the Secretary of the Interior’s (SOI’s) Professional Qualifications Standards (Qualifications), as determined by FEMA’s Federal Preservation Officer (FPO), in the required disciplines, in ensuring compliance with this Agreement.

B. Review Periods: All time designations will be in calendar days. If any signatory does not comment on a determination related to a proposed action within an agreed upon timeframe, FEMA may assume the signatory’s concurrence with FEMA’s determination.

C. Information and Consultation: SEMO and FEMA, as appropriate, will provide information related to the Section 106 review process to all applicants. FEMA will provide concurrent notice to the City of New York’s Landmarks Preservation Commission (LPC) for Undertakings which require SHPO consultation related to the Programs, and consider any views which the LPC provides within seven days of the notification.

IV. EXPEDITED PROJECT REVIEW FOR EMERGENCIES

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