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PUBLIC NOTICE OF PREPARATION OF HUD - CA SHPO PROGRAMMATIC AGREEMENT FOR HISTORIC PRESERVATIONThe Department of Housing and Urban Development, Region IX, hereby invites interested persons to participate in the development of a Programmatic Agreement designed to expedite the review of undertakings directly funded by HUD Region IX in the State of California. This programmatic agreement relates to projects subject to environmental review under the National Environmental Policy Act and its HUD implementing regulations at 24 CFR Part 50, Protection and Enhancement of Environmental Quality, as well as Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. § 470f, and its implementing regulations at 36 C.F.R. Part 800, Protection of Historic and Cultural Properties. HUD Region IX receives approximately one hundred applications for different forms of financial assistance each year to support financing or refinancing for affordable housing and other types of projects throughout the State of California. All of these requests for funding assistance are subject to environmental review and constitute undertakings under 36 CFR Part 800. Although not all applications will receive funding approval, all applications are subject to environmental review. This enclosed draft agreement between Region IX HUD and the California State Historic Preservation Office (SHPO) is designed to differentiate undertakings whose effects on historic properties may be negligible (and would be subject to a limited HUD review – such as refinancing, maintenance and some rehabilitation activities) from those which have greater potential to affect historic properties (and which would be submitted for comment to SHPO, American Indian Tribes and interested parties under the full force of the regulation at 36 CFR 800 - such as substantial rehabilitation, demolition and new construction activities). By differentiating between these types of activities, HUD and CA SHPO will be able to focus more attention and preservation efforts on the projects which have the potential to affect historic properties and to expedite more efficiently those undertakings with negligible impacts. The concept of this draft expands on the standard CA SHPO letter-of-agreement consultation exclusions regarding interior rehabilitation activities and undertakings affecting properties less than fifty years old. The definition of substantial rehabilitation included in this agreement is a nation-wide programmatic definition applicable to mortgage insurance applications under Sections 223(f) and 221(d)(4) of the National Housing Act. The PA will retain this HUD definition in order for HUD program staffs to more easily and consistently discern which proposals are covered by this agreement. HUD Region IX welcomes the consultation of interested parties and organizations as we strive for more effective public participation in NEPA and Section 106 analyses, in our efforts to achieve more informed decision making and to promote cultural heritage and identity. In order to meet program timeframes, we request that you advise HUD with your comments regarding this preliminary draft agreement no later than Friday, September 14, 2012. Under separate notice, HUD has requested comments on the draft programmatic agreement from the Advisory Council on Historic Preservation, the California State Historic Preservation Office, and Federally recognized American Indian Tribes. Please submit your written comments to Ernest Molins, Regional Environmental Officer, HUD Region IX, 600 Harrison Street, Third Floor, San Francisco, CA, 94107 or via email to ernest.molins@hud.gov.
PROGRAMMATIC AGREEMENT BETWEEN THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE CALIFORNIA STATE HISTORIC PRESERVATION OFFICE FOR THE REVIEW OF HUD-FUNDED ACTIVITIES SUBJECT TO 24 CFR PART 50
WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") through various offices, including the Offices of the Assistant Secretaries for Housing—Federal Housing Commissioner, Public and Indian Housing, and Community Planning and Development, provides grant funding, mortgage insurance and other assistance, subject to environmental review under 24 CFR Part 50, "Protection and Enhancement of Environmental Quality", to entities within the State of California; WHEREAS, HUD programs reviewed under 24 CFR Part 50, including mortgage insurance per Sections 223(f) and 221(d)(4) as well as other programs under Section 207 of the National Housing Act and programs under the Homeownership and Economic Recovery Act of 2008, require accelerated processing timelines; WHEREAS, HUD is responsible for complying with Section 106 of the National Historic Preservation Act of 1966, as amended, (NHPA, 16 U.S.C. Sec. 470f), implemented pursuant to 36 C.F.R. 800 ("Section 106") when HUD conducts an environmental review under 24 C.F.R. Part 50; WHEREAS, HUD undertakes many activities, through its offices, that include the acquisition, leasing, repair, minor rehabilitation, disposition of properties, most of which are affordable housing, as well as other activities that include the substantial rehabilitation, demolition, conversion and new construction of residential and non-residential properties, each of which is an undertaking ("Undertaking") as defined pursuant to 36 C.F.R. 800.16(y), WHEREAS, the Advisory Council on Historic Preservation issued in 1995 and revised in 2006 a "Policy Statement on Affordable Housing and Historic Preservation" that addresses implementation principles for Section 106 compliance, and those principles have been utilized in developing this Agreement; WHEREAS, HUD Region IX Environmental staffs are well trained in standards of historic preservation and particularly in Section 106 of the National Historic Preservation Act; WHEREAS, HUD has determined that some of the Undertakings funded by its Programs have limited potential to affect properties included in or eligible for inclusion in the National Register of Historic Places and have consulted with the California State Historic Preservation Officer ("SHPO") pursuant to 36 C.F.R. 800.14 of the regulations implementing Section 106; WHEREAS, HUD has invited the Native American Heritage Commission ("NAHC") and federally-recognized American Indian tribes, collectively listed in Exhibit A, to comment and/or consult in the development of this Agreement, in recognition of the unique government-to-government relationship between the Federal government and federally-recognized American Indian tribes; WHEREAS, in accordance with 36 C.F.R. § 800.14(b)(2), HUD has notified the Advisory Council on Historic Preservation (Council) and invited the Council to participate in the development of this Programmatic Agreement; NOW, THEREFORE, HUD and the SHPO agree that HUD Programs subject to Part 50 shall be administered in accordance with the following stipulations in order to take into account the effects of these undertakings on historic properties and satisfy Section 106 responsibilities.
STIPULATIONS
HUD will ensure that the following measures are carried out.
All Undertakings not identified under either Section (A) or Section (B) must be reviewed in full accordance with 36 C.F.R. Part 800. The following types of Undertakings listed in Sections (A) and (B) have limited potential to affect historic properties and may be approved by HUD under 24 C.F.R. Part 50 without further consultation with SHPO or Council.
A. General Exclusions
* Undertakings involving Substantial Rehabilitation are not eligible for this exemption. An undertaking involves substantial rehabilitation when it meets one of the following criteria: a) The cost of repairs, replacements and improvements exceeds the greater of 15% of the estimated property replacement cost after completion of all repairs, replacements and improvements, or $6500 per unit in repairs, replacements and improvements, or b) Two or more major building components are being substantially replaced.
B. Substantial Rehabilitation Exclusions The following types of Undertakings require HUD to document that the subject buildings, structures and/or facilities are less than fifty years old and not listed on the National Register of Historic Places individually or as a contributor to a historic district, and to obtain the concurrence from a HUD Environmental Officer. For purposes of this Agreement, the term "in-kind replacement" is defined as installation of a substitute element that duplicates the material, dimensions, configuration and detailing of the original element.
II. DISCOVERIES AND UNFORESEEN EFFECTS If, during the implementation of these programs, a previously unidentified property that may be found eligible for inclusion in the National Register is encountered, or a known National Register historic property may be affected in an unanticipated manner, HUD will assume its responsibilities pursuant to 36 C.F.R. Part 800.13(b). III. DISPUTE RESOLUTION At any time during the implementation of the measures stipulated in this Agreement, should an objection to any measure or manner of implementation be raised by a signatory, HUD shall take the objection into account and consult with the objecting party and the SHPO to resolve the issue. A. HUD shall represent itself in all matters of dispute resolution that pertain specifically to this Agreement. B. The responsibilities of the signatories to carry out all other actions subject to the terms of this Agreement that are not the subject of the dispute shall remain in effect. C. There will be no binding mediation or arbitration with any party. IV. NOTIFICATION Notification or other communication between parties to this Agreement should be made in care of the addresses provided in Exhibit B. V. AMENDMENT Any party may request that this Agreement be amended, whereupon HUD and the SHPO will consult with the other parties in accordance with 36 C.F.R. Part 800.14(b) to consider an amendment. Amendments will only be considered if made in writing and must be approved in writing by all parties to this Agreement to go in effect. VI. TERMINATION Any party to this Agreement may terminate its participation by providing thirty (30) days written notice to all other parties. In the event of termination, the terminating party will comply with 36 C.F.R. 800.3 through 800.6 with respect to individual Undertakings covered by this Agreement. VII. TERM OF THE AGREEMENT This Agreement shall continue in force and effect for ten (10) years from the date the last signatory has signed the Agreement. At any time in the six-month period prior to the Agreement’s expiration, the signatories may request that the SHPO extend the Agreement for five (5) additional years, provided the request is made in writing, that there are no substantive modifications, that HUD and the SHPO agree, and that any other signatory wishing to remain party to the Agreement also agrees. Should a party to this Agreement, other than HUD or the SHPO, choose to not extend its participation in the Agreement, the Agreement will not be nullified for the other parties. EXECUTION AND IMPLEMENTATION of this Agreement evidences that HUD has satisfied its responsibilities under Section 106 of the NHPA for the Undertakings as described in this Agreement and funded by the HUD Programs. This Agreement may be executed in counterparts. Signed: U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
By: ____________________________________________________Date:_____________
Name: Ophelia Basgal Title: Regional Administrator_____________________________________
CALIFORNIA STATE HISTORIC PRESERVATION OFFICER
By: ____________________________________________________Date:_____________
Name: Milford W. Donaldson Title: State Historic Preservation Officer________________________
EXHIBIT A LIST OF TRIBAL ORGANIZATION AND TRIBES NOTIFIED
Native American Heritage Commission Agua Caliente Band of Cahuilla Indians Alturas Indian Rancheria, California Augustine Band of Cahuilla Indians Barona Band of Mission Indians Bear River Band of the Rohnerville Rancheria, California Berry Creek Rancheria of Maidu Indians of California Big Lagoon Rancheria of Smith River Indians Big Pine Paiute Shoshone Tribe Big Sandy Rancheria of Mono Indians of California Big Valley Band of Pomo Indians of the Big Valley Rancheria, California Bishop Paiute Tribe Blue Lake Rancheria, California Bridgeport Paiute Indian Colony of California Buena Vista Rancheria of Me-Wuk Indians of California Cabazon Band of Mission Indians, California Cachil Dehe Band of Wintun Indians of the Colusa Rancheria Cahuilla Band of Mission Indians of the Cahuilla Reservation Cahto Indian Tribe of the Laytonville Rancheria, California California Valley Miwok Tribe, California Campo Band of Diegueno Mission Indians of the Campo Indian Reservation Viejas Band of Kumeyaay Indians of the Viejas Reservation Cedarville Rancheria Chemehuevi Indian Tribe of the Chemehuevi Reservation Cher-Ae Heights Indian Community of the Trinidad Rancheria Chicken Ranch Rancheria of Me-Wuk Indians of California Cloverdale Rancheria of Pomo Indians Cold Springs Rancheria of Mono Indians of California Cortina Rancheria Coyote Valley Band of Pomo Indians Death Valley Timbi-Sha Shoshone Band of California Dry Creek Rancheria of Pomo Indians of California Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria Elk Valley Rancheria of California Enterprise Rancheria of Maidu Indians of California Ewiiaapaayp Band of Kumeyaay Indians Federated Indians of Graton Rancheria Fort Bidwell Indian Community of the Fort Bidwell Reservation of California Fort Independence Reservation Fort Mojave Indian Tribe Graton Rancheria Greenville Rancheria of Maidu Indians of California Grindstone Indian Rancheria of Wintun-Wailaki Indians of California Guidiville Rancheria of California Habematolel Pomo of Upper Lake Hoopa Valley Tribe of California Hopland Band of Pomo Indians Inaja Band of Diegueno Mission Indians of the Inaja and Cosmit Reservation Ione Band of Miwok Indians Jackson Rancheria of Me-Wuk Indians of California Jamul Indian Village of California Karuk Tribe of California Kashia Band of Pomo Indians of the Stewarts Point Rancheria La Jolla Band of Luiseno Mission Indians of the La Jolla Reservation La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation Laytonville Rancheria Lone Pine Community Los Coyotes Band of Cahuilla and Cupeno Indians Lower Lake Rancheria Lytton Rancheria of California Manchester Band of Pomo Indians of the Manchester-Point Arena Rancheria Manzanita Band of Diegueno Mission Indians of the Manzanita Reservation Mechoopda Indian Tribe of Chico Rancheria Mesa Grande Band of Diegueno Mission Indians Middletown Rancheria of Pomo Indians of California Mooretown Rancheria of Maidu Indians of California Morongo Band of Cahuilla Mission Indians of the Morongo Reservation NAEPC Northfork Rancheria of Mono Indians of California Owens Valley Indian Commission Pala Band of Luiseno Mission Indians of the Pala Reservation Paskenta Band of Nomlaki Indians of California Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation Picayune Rancheria of Chukchansi Indians of California Pinoleville Pomo Nation of the Pinoleville Rancheria Pit River Tribe Potter Valley Tribe Quartz Valley Indian Community of the Quartz Valley Reservation of California Ramona Band or Village of Cahuilla Mission Indians of California Redding Rancheria Redwood Valley Rancheria of Pomo Indians of California Resighini Rancheria Rincon Band of Luiseno Mission Indians of the Rincon Reservation Robinson Rancheria of Pomo Indians of California Rohnerville Rancheria Round Valley Indian Tribes of the Round Valley Reservation Rumsey Indian Rancheria of Wintun Indians of California San Manuel General Council San Pasqual Band of Diegueno Mission Indians of California Santa Rosa Band Santa Rosa Indian Community Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation Santa Ysabel Band of Diegueno Mission Indians of the Santa Ysable Reservation Scotts Valley Band of Pomo Indians of California Sherwood Valley Rancheria Shingle Springs Tribal Council Smith River Rancheria Soboba Band of Luiseno Indians Susanville Indian Rancheria Sycuan Band Tribal Council Table Mountain Rancheria of California Timbi-sha Shoshone Tribe (Death Valley Reservation) Torres Martinez Tribal Council Tule River Indian Tribe of the Tule River Reservation Tuolumne Me-Wuk Tribal Council United Auburn Indian Community of the Auburn Rancheria of California Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Reservation Viejas Band of Kumeyaay Indians Wiyot Tribe Yocha Dehe Wintun Nation Yurok Tribe of the Yurok Reservation
EXHIBIT B LIST OF PRESERVATION ORGANIZATIONS NOTIFIED
Cindy Heitzman Brian Turner Linda Dishman, Exec. Dir. Mike Buhler, Exec. Dir. Bruce Koons, Exec. Dir. Michael Newland, Pres.
EXHIBIT C MAILING ADDRESSES OF SIGNATORIES
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: U.S. Dept. Housing & Urban Development CALIFORNIA STATE HISTORIC PRESERVATION OFFICER: Office of Historic Preservation ### |
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Content Archived: February 18, 2014 | |||||||||||||||||||
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