PROGRAMMATIC AGREEMENT AMONG THE LOUISIANA OFFICE OF COMMUNITY DEVELOPMENT (OCD); THE LOUISIANA STATE HISTORIC PRESERVATION OFFICER OF THE DEPARTMENT OF CULTURE, RECREATION & TOURISM (SHPO); THE ADVISORY COUNCIL ON HISTORIC PRESERVATION (ACHP); THE MISSISSIPPI BAND OF CHOCTAW INDIANS (MBCI); AND THE TUNICA BILOXI TRIBE OF LOUISIANA (TBTL); REGARDING THE IMPLEMENTATION OF THE ROAD HOME AND OTHER RESIDENTIAL PROGRAMS TO ADDRESS DAMAGE CAUSED BY HURRICANES KATRINA AND RITA

WHEREAS, the signatories and consulting parties to this agreement recognize the unique and unprecedented nature of the Hurricanes Katrina and Rita Recovery efforts and the need to include preservation planning in this historic effort, and

WHEREAS, the State of Louisiana, administers the Road Home Program which is funded by the U.S. Department of Housing and Urban Development (HUD), which includes the following activities: - Rehabilitation of flood-damaged residential structures; - New construction or reconstruction of residential structures; - Conversion of acquired properties to green space or to commerce (in which they will be placed back into use); - Compensation of homeowners for flood damage; - "Buyout" and "Sell" elements in which homeowners transfer their properties to the Road Home program; - the rehabilitation, new construction, and reconstruction of rental properties (through the "Small Rental Property", "Piggyback," &/or other programs); and - Demolition of residential structures; and

WHEREAS, each of these activities will involve a large number of individual activities that require the Louisiana Office of Community Development (OCD), as the responsible entity that assumes environmental responsibilities by recipients of HUD assistance, in accordance with HUD's Environmental Review Procedures, 24 CFR Part 58 (as may be amended from time to time), to comply with the requirements of Section 106 of the National Historic Preservation Act and its implementing regulations, "Protection of Historic Properties" (36 CFR Part 800); and

WHEREAS, the Louisiana Office of Community Development (OCD), therefore, is the "agency official" for the purposes of Section 106 of the National Historic Preservation Act (NHPA) compliance, as defined at 36 CFR 800.2(a), and in accordance with HUD regulations found at 24 CFR Part 58, "Environmental Review Procedures For Entities Assuming HUD Environmental Responsibilities;" and

WHEREAS, OCD has chosen to fulfill its Section 106 responsibilities by developing a Programmatic Agreement (PA) in accordance with 36 CFR Section.800.14 (b) to tailor the Section 106 review to the unique circumstances of Hurricanes Katrina and Rita and the goals of the Road Home Program in order to improve the availability of safe, habitable residences throughout Louisiana in an expeditious fashion; and WHEREAS, this agreement will establish the overall framework for review of activities that will affect historic resources but, as noted elsewhere in this agreement, OCD and other consulting parties will develop appropriate guidance, procedures, and directives to implement the terms of the PA during the period that this PA is in effect; and

WHEREAS, the Disaster Recovery Unit, a department of OCD, administers the Road Home Program for OCD that implements hurricane recovery efforts using HUD funds, specifically those funds that were appropriated from Fiscal Year 2006 Department of Defense Appropriations Act HR 2863, Pub. L. No. 109-148, 119 Stat. 2680 (2005), dated December 30, 2005, and Fiscal Year 2006 Department of Defense Appropriations Act HR 4939, Pub. L No. 109-234, 120 Stat. 444 (2006), June 15, 2006 and

WHEREAS, homeowners are eligible for the Road Home program if their property has been registered with the FEMA Individual Assistance (IA) Program and determined by FEMA to have "substantial" damagel; and

WHEREAS, the following thirty-seven (37) parishes have been designated by FEMA for the Individual Assistance Program due to Hurricanes Katrina and Rita, and are considered areas of potential effect on historic properties (the APE): Acadia, Allen, Ascension, Assumption, Beauregard, Calcasieu, Cameron, East Baton Rouge, East Feliciana, Evangeline, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, Sabine, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, Washington, West Baton Rouge, and West Feliciana.; a map of those parishes is attached at Appendix A; and

WHEREAS, the 37 parishes enumerated above include properties listed in and eligible for listing in the National Register of Historic Places, including the historic districts designated in Appendix B and the National Historic Landmarks enumerated in Appendix C; and

WHEREAS, the Road Home program includes a "compensation" element that OCD has determined is not associated with land transfer, demolition or rehabilitation and, pursuant to 36 CFR 800.3(a)(1), has no potential to cause effects on historic properties and is not subject to further review ; and

WHEREAS, the Road Home program includes "Buyout" and "Sell" elements in which homeowners transfer their properties to the Road Home Corporation, a state- created corporation. This mere acquisition of property and transfer of title, pursuant to

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's original condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (44 CFR 59.1) 36 CFR 800.3(a)(1), has no immediate potential to cause effects and is not subject to further review under the terms of this PA; and

WHEREAS, future actions affecting historic properties acquired by the Road Home Corporation will be evaluated to assess potential adverse effects as disposition strategies are further developed, consistent with the terms of this PA; and

WHEREAS, future actions affecting historic properties acquired by the Road Home Corporation will be evaluated in full consideration of Section 110 (of the National Historic Preservation Act) responsibilities to locate, inventory and nominate properties to the National Register from among the universe of properties acquired under the Homeowner programs and to exercise caution to protect such properties, and to use such properties to the maximum extent feasible; and

WHEREAS, the process for the redevelopment or non-development of many of the historic properties that are transferred to the Road Home Corporation, including consultation among OCD, local governments, Native American Tribes, neighborhood groups, private developers and/or other entities or groups that may participate in the planning for these "Buyout" and "Sell" properties in their neighborhoods, as well as other consulting parties to this agreement and the public, will be negotiated pursuant to the terms of this Programmatic Agreement; and

WHEREAS, the Road Home includes a Small Rental Property Program that will loan money to restore and reconstruct thousands of rental properties in accordance with the terms of this Programmatic Agreement; and

WHEREAS, Louisiana has also committed more than $539 million in Community Development Block Grant funds through the Louisiana Housing Finance Agency to support development and restoration of large-scale rental housing in the hurricane- affected areas through the Low-Income Housing Tax Credit "Piggyback" Program which will combine CDBG funds with other incentives, such as GO Zone Tax Credits (PL 109- 135) to stimulate development and rehabilitation of larger rental properties, and

WHEREAS, OCD has consulted with Native American groups and the Mississippi Band of Choctaw Indians (MBCI) and the Tunica-Biloxi Tribe of Louisiana (TBTL) are Federally recognized sovereign Indian Nations, which have a government- to-government relationship with the United States and an interest in the area surrounding and including all of the Parishes enumerated above, including those that have requested to participate in the PA; and

WHEREAS, OCD, the MBCI and the TBTL have determined and acknowledge that implementation of the Program will result in activities that may affect historic properties such as, but not limited to, American Indian cultural sites, which include Traditional Cultural Properties (TCPs), properties that are of religious and cultural significance to the Tribes, and sacred sites including burials that may contain human remains and/or associated cultural items; and

3 WHEREAS, the MBCI and the TBTL have special expertise to identify and evaluate historic properties, TCPs, sacred sites, or other cultural resources, which are of religious and cultural significance to them, and the Tribal representatives, Traditional Cultural Authorities, or other religious/traditional practitioners need not meet Federal and/or state standards; and

WHEREAS, OCD, the MBCI and the TBTL agree to use the information developed regarding properties of religious and cultural significance to Indian tribes when assessing the effects of undertakings and developing treatment and mitigation plans required under the terms of this PA and other related Tribal coordination set forth in Federal and State regulations, laws, procedures, etc. ; and

WHEREAS, OCD has worked with and will continue to work with other Federal and State agencies to facilitate Section 106 compliance regarding uses of data, exchange formats, information security, timing of updates, etc. and coordinating in meeting many of the Federal and State historic preservation requirements as they relate to the Road Home; and

WHEREAS, OCD may use Certified Staff to perform some of the activities required by OCD under the terms of this PA and to avoid duplication of effort; and

WHEREAS, other Federal or State agencies may execute, or have executed, Programmatic Agreements related to recovery activities in Louisiana, and the purpose of this PA is not to supplant any activities that may include funds from the Road Home that have not been addressed by those documents; and

WHEREAS, ICF International is a non-governmental entity that will assist OCD in carrying out the terms of this Programmatic Agreement by virtue of its role as administrator of the Road Home program as a subcontractor for OCD; and

WHEREAS, the firm of Environ International has been engaged by OCD to perform environmental review services for OCD, including the provision of qualified personnel pursuant to the "Secretary of the Interior's Historic Preservation Professional Qualifications Standards" 48 FR 44,716 (Sept. 29, 1983) (Certified Staff) necessary for the implementation of this Agreement; and

WHEREAS, in keeping with 36 CFR §800.2(d) of the Section 106 regulations, OCD has sought, is seeking and will continue to seek and consider the views of the public in a manner that reflects the nature and complexity of each of these programs and its potential to affect historic properties, while taking into account the likely interest of the public in those effects, all confidentiality concerns of private individuals and businesses, as well as the Federal involvement in these programs; and

WHEREAS, OCD has determined that the implementation of these programs will affect properties included in, or eligible for, inclusion in the National Register of Historic

4 Places (NRHP), and has requested the comments of the State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP), pursuant to Section 106 (and Section 110f) of the National Historic Preservation Act (NHPA - 16 U.S.C. 470) (sometimes referred to as the Act) and its implementing regulations, "Protection of Historic Properties" (36 CFR Part 800) (The Regulations); and

WHEREAS, the Preservation Resource Center of New Orleans (PRC), the National Trust for Historic Preservation (NTHP) and the Historic District Landmarks Commission (HDLC) of the City of New Orleans requested and were recognized as Consulting Parties; and

WHEREAS, OCD will coordinate with other federal agencies that may have Section 106 responsibilities on jointly funded projects in that the other federal agency may choose to implement Section 106 by following the process outlined in this PA so as not to duplicate this processing; and

WHEREAS, the complexity and volume of OCD's activities described above are so great that OCD will be able to more efficiently take into account their effect upon historic properties by entering into this comprehensive programmatic agreement; and

NOW, THEREFORE, OCD, the SHPO, the MBCI, the TBTL and the ACHP agree that projects, assisted with funds from these Programs, shall be implemented in accordance with the following stipulations in order to take into account the effect of projects on historic properties.

STIPULATIONS To the extent of its legal authority, and in coordination with SHPO, OCD shall ensure that the following measures are implemented:

I. MAJOR ROLES AND RESPONSIBILITIES

A Louisiana Office of Community Development (OCD) 1. OCD will fulfill its responsibilities under Section 106 of the NHPA by using a four-step process. Those four steps may be described as follows: a) Initiation of the Section 106 process (definition of the undertaking and determination of the APE); b) Identification of historic properties; c) Assessment of adverse effects to historic properties; d) Resolution of adverse effects

2. OCD will ensure that all historic preservation work pursuant to the Agreement is carried out by or under the direct supervision of a person(s) who meet(s) the qualifications of Certified Staff, whether employed by OCD, another Federal or State agency, or some other entity.

3. OCD will notify the SHPO annually of the Historic Preservation Staff (HPS) the State intends to designate to administer this Agreement.

5 4. OCD will consult with the Mississippi Band of Choctaw Indians (MBCI) and the Tunica-Biloxi Tribe of Louisiana (TBTL), as noted below, when resources or potential resources in the Area of Potential Effects (APE) may be affected by the undertaking.

5. OCD staff will process all applications for assistance under the various Road Home programs. All applications that do not meet one of the criteria set forth in Stipulation III below "ACTIVITIES NOT REQUIRING REVIEW" shall be referred to the HPS identified in Stipulation IA2 above.

6. If another Federal or State agency is performing the Section 106 processing for a property, OCD staff will cooperate and provide the appropriate data as set forth in this agreement.

7. OCD agrees to fund one full time position with the SHPO as long as this agreement remains in effect. Such staff will meet the qualifications of Certified Staff and shall be directly responsible to OCD in terms of assigning priority in work assignments.

8. OCD agrees to work with the MBCI and the TBTL in order to accomplish the work that the tribes need to do in order to identify and evaluate historic properties, TCPs, sacred sites or other cultural resources which are of religious and/or cultural significance to them. This may include financial assistance, expertise or other means to aid the tribes in the accomplishment of these goals.

B Louisiana State Historic Preservation Officer Of The Department Of Culture, Recreation & Tourism (SHPO) 1. SHPO shall review all determinations of a. "no historic properties affected." b. "collapsed buildings". c. "historic properties affected". d. "no adverse effect" (Stipulation V B). e. "adverse effect"

2. SHPO shall participate in evaluation of those areas with properties acquired through the buyout and/or sales programs as early as feasible in the identification and evaluation steps to promote the full consideration of historic preservation issues in the planning process.

3. SHPO shall review all new construction (including additions) within an historic district or adjacent to historic properties included in or eligible for the National Register unless alternative design guidelines are approved by the SHPO,

6 4. In consultation with OCD, SHPO shall develop a standard treatment for disposition of acquired property (stipulation IV H) within 90 days of the execution of this programmatic agreement.

5. SHPO shall consult with OCD, MBCI, TBTL, PRC, HDLC and NTHP to determine the appropriate level and kind of public outreach required for the Road Home Programs and individual Undertakings.

6. SHPO shall play a major role in archaeological processing as outlined in Appendix D, including: a. Consulting with OCD on review of properties when the archaeological features cannot be avoided. b. Developing site-specific treatment plans including background research and site-specific avoidance measures when a demolition or other ground disturbing activity is proposed on, or adjacent to, a recorded archaeological site. c. Developing periodic training in the application of the Standards and in the administration of this Programmatic Agreement for OCD, developers, subcontractors and/or consultant personnel (e.g. preservation staff, managers, rehabilitation inspectors) as requested by OCD.

7. SHPO may develop guidance documents with OCD to assist pertinent staff, applicants and/or the public in complying with the terms of this PA.

8. SHPO shall monitor implementation of the PA as set forth in Stipulation Xl.

C Advisory Council On Historic Preservation (ACHP) 1. The ACHP shall monitor the implementation of the terms of this PA and provide general oversight including the resolution of disputes related to OCD's implementation of the terms of this PA.

2. As appropriate, the ACHP will participate in complex and controversial Section 106 consultations, and those involving NHLs that cannot be concluded using standard mitigation measures.

3. The ACHP will participate in semi-annual meetings to review the effectiveness of the PA and to discuss the need for revised guidance, procedures, and directives.

D Tribal Governments 1. The Tribal governments of the Mississippi Band of Choctaw Indians (MBCI) and Tunica-Biloxi Tribe of Louisiana (TBTL) have roles under this PA. The participation of other tribes will be considered if and when they submit a request for consideration.

7 2. MBCI and TBTL may review all determinations of "no historic properties affected" and "historic properties affected".

3. MBCI and TBTL may consult with OCD and interested parties, as necessary, to develop tribal protocols to implement the various provisions in the PA related to identification, evaluation, assessment of effects on archaeological resources, and resolution of adverse effects, as noted in Appendix D.

4. MBCI and TBTL may review OCD's Annual Report.

E Preservation Resource Center Of New Orleans (PRC), The Historic District Landmarks Commission (HDLC), and The National Trust For Historic Preservation (NTHP) 1. PRC, HDLC, and NTHP will notify OCD of their interests, either by geographic or program area, or both.

2. PRC, HDLC, and NTHP may review all determinations of "no historic properties affected" and of "historic properties affected" that have been sent to them pursuant to their notification of interest.

3. PRC, HDLC, and NTHP may participate in evaluation of those areas with properties acquired through the buyout and/or sale programs within their area of geographic interest as early as feasible in the identification and evaluation steps to promote the full consideration of historic preservation issues in the planning process.

4. PRC, HDLC, and NTHP may consult with OCD, SHPO, MBCI, TBTL, HDLC and NTHP to determine the appropriate level and kind of public outreach required for The Road Home Programs and individual Undertakings and to review OCD's Annual Report.

II. CONSULTATION WITH INDIAN TRIBES

OCD will consult with the Mississippi Band of Choctaw Indians (MBCI) and the Tunica-Biloxi Tribe of Louisiana (TBTL), as noted below and in Appendix D, when archaeological resources or potential resources in the Area of Potential Effects (APE) may be affected by the undertaking.

A. OCD has notified the Alabama-Coushatta Tribe of Texas (ACTT), the Caddo Nation (CN), the Chitimacha Tribe of Louisiana (CTL), the Choctaw Nation of Oklahoma (CNO), the Coushatta Tribe of Louisiana (CT), the Jena Band of Choctaw Indians (JBC), the Mississippi Band of Choctaw Indians (MBCI), the Quapaw Tribe of Oklahoma (QTO), the Seminole Nation of Oklahoma (SNO), the Seminole Tribe of Florida (STF), and the Tunica-Biloxi Tribe of Louisiana (TBTL) regarding the development of this PA. OCD recognizes the government-to-government relationship between

8 each agency and the tribes, and OCD invites each Indian tribe to execute this PA, although only the MBCI and the TBTL have expressed an interest thus far. Additional Indian tribes may choose in the future to execute this PA, and each of the provisions in the PA in its entirety shall also apply to these Indian tribes.

B OCD shall provide MBCI and TBTL, and any other tribe that subsequently executes this agreement, current information on any pre-European or historic American Indian cultural sites that are identified or may be affected by this Undertaking. The extent and timing of these updates will be jointly negotiated by OCD with each Tribal representative.

C. If historic properties that may be of religious and cultural significance to MBCI and TBTL are identified within the APE of any Undertaking included in this PA, consultation may be extended to include future management, protection, and preservation of American Indian cultural sites while considering the landowner's private property rights.

D. OCD shall take all feasible steps to prevent disclosure of confidential information during the implementation of this PA when disclosure may cause a significant invasion of privacy; risk harm to the historic property; or impede the use of a traditional religious site by practitioners.

E. The Chitimacha Tribe of Louisiana (CTL), the Coushatta Tribe of Louisiana (CT) and Tunica-Biloxi Tribe of Louisiana (TBTL) have reservation land within the State of Louisiana, and OCD will consult with these Tribes regarding Undertakings on their tribal lands in accordance with 36 CFR §800.2(c)(2)(i)(A). The Caddo Nation, Choctaw Nation of Oklahoma, Seminole Tribe of Florida, and Tunica-Biloxi Tribe of Louisiana have assumed responsibilities under Section 101(d)(2) of NHPA and have a Tribal Historic Preservation Officer (THPO). OCD shall consult with the TBTL THPO in lieu of SHPO regarding undertakings occurring on or affecting historic properties on its tribal lands. An Indian tribe may enter into a separate agreement to specify how it will carry out responsibilities including concerns over the confidentiality of information with OCD under 36 CFR §800.2(c)(2)(i)(E).

F. An Indian tribe may determine that it has no interest in consulting on certain types of Undertakings included in this PA and may notify OCD of its determination.

III. ACTIVITIES NOT REQUIRING REVIEW

A. Compensation

9 The compensation option of the Road Home program, whereby homeowners are compensated for their loss, will not affect historic resources.

B Buyout The Buyout option of the Road Home program, whereby OCD purchases property and transfers title from homeowners, will not affect historic resources.

C Under Forty Five years Old All structures that are 45 years old or less shall receive no further historic review and not be subject to the steps outlines in Stipulation IV of this agreement, unless they fall within one of the designated NRHP or NRHP- eligible historic districts (Appendix B) of this PA, or unless they involve significant ground disturbance, as the determination is they have met all the requirements of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.). The homeowner applicant will determine age of structure. If the SHPO or member of the public, pursuant to the process outlined in Section IX of this PA, makes a timely objection and asks for further review of a particular property, that property will be subject to the process outlined in Stipulation VIII.

D Specific Activities That Have Complied With 106 By Another Agency Notwithstanding any other provision of this PA, if a specific action for a specific property has already complied with all Section 106 requirements by virtue of the actions taken by another federal agency or their delegate (e.g. FEMA for a demolition), or through tribal consultation, as required by law, then OCD will not be required to duplicate this review, provided the scope of work has not changed for those properties that have been deemed to be historic and that this review was completed subsequent to August 31, 2005. Appropriate documentation will be given to OCD and confirmed with the SHPO. If OCD determines the scope of work has changed for a historic property, then OCD will have to comply with the appropriate stipulations (IV through VIII) below.

E Programmatic Allowances Any property that is otherwise subject to a review because it cannot meet any of the criteria (A-D) set forth above nevertheless may be excused from compliance with Stipulations IV — VI below if the activity's scope of work consists solely of programmatic allowances set forth in Appendix E to this agreement. In such cases the file will be so documented and all historic requirements will have been met.

F Review & Approval by approved Local Historic Commission If a specific proposal has already been approved by a Historic District Landmark Commission (HDLC) that has been approved by the SHPO, in

0 writing, to meet the requirements of this specific section of the PA, then OCD will not be required to duplicate this review and no further action is necessary, provided that the scope of work has not changed for those properties that have been deemed to be historic and that this review was completed subsequent to August 31, 2005. If the scope of work has changed for a historic property, then OCD will have to comply with the appropriate stipulations (IV through VIII) below.

G Interior Work on Contributing Structures in Historic Districts The focus of review in Stipulation IV (Treatment of Standing Structures) is on the exteriors of properties that are listed or eligible for listing on the National Register of Historic Places as contributing elements to a National Register District. If only interior work on such a (contributing) structure is proposed, and there is no ground disturbance, OCD will make this determination and no further review is needed. If a property is individually listed or eligible for listing on the National Register of Historic Places, then the appropriate Stipulation (VI and/or VIII) of this PA shall apply.

IV TREATMENT OF STANDING STRUCTURES

A This portion of the PA applies only to rehab without ground disturbing activities; if ground disturbing activities are contemplated then Stipulation II (above) and Appendix D will also apply. The focus of review under this part will be on the exteriors of properties that are listed or eligible for listing on the National Register of Historic Places as contributing elements to a National Register District. If a property is individually listed or eligible for listing on the National Register of Historic Places then the appropriate Stipulation (VI and/or VIII) of this PA shall apply.

B The programmatic allowances in Appendix E of standing structures will require no further review. Qualified OCD staff or a qualified contractor will make the determination of when rehabilitation fits within a programmatic allowance. OCD will provide information regarding this review to any consulting party on request and will document these and other reviews in its Annual Report.

C When it has been determined by qualified staff that the activity does not meet the programmatic allowances in Appendix E then the provisions of Stipulation VI shall apply.

D Handicapped Accessibility 1. OCD will explore alternative methods for handicapped accessibility to historic buildings consistent with the Secretary of the Interior's Standards, National Park Service Preservation Brief No. 32 "Making Historic Properties Accessible", and the Department of the Interior's report Access to Historic Buildings for the Disabled: Suggestions for Planning and Implementation.

2. To the extent feasible, handicapped accessibility features (i.e. ramps and elevators) will not be located on primary elevations of historic buildings and will not result in the removal of significant historic or architectural features or materials. Final plans and specifications for handicapped accessibility projects will be reviewed and approved by SHPO if the projects meet the guidelines. If the Standards cannot be met or if the project should have an adverse effect on a historic property, then prior to taking any action, OCD shall consult with the SHPO, and/or MBCI and TBTL and shall comply with the procedures set forth in Stipulation VIII before proceeding.

a. In those instances where the Standards cannot be met, and OCD needs to consult with the SHPO, and/or MBCI and TBTL, the following documentation shall be provided by OCD to the SHPO and/or MCBI and TBTL: current photographs and a site location map on a U.S.G.S. map; a conditions assessment; an analysis of the alternatives; a cost analysis of the alternatives; and the proposed mitigation measures.

b. The SHPO and/or MBCI and TBTL shall provide written comments within 30 days following receipt of documentation.

E Lead Abatement 1. When it is determined that a property listed on, eligible for, or located within a National Register District, must be decontaminated of lead paint hazards, OCD will consult with HPS to explore alternatives to minimize alteration of significant historic features. Evaluation of abatement and reduction activities shall be based upon the Standards, HUD's Guidelines for Lead Paint Abatement, HUD regulations (24 CFR 35.115(a)(13) and the NPS Preservation Brief No. 37.

2. When it is determined that the proposed abatement or reduction plan does not adhere to the Standards, OCD shall consult with the SHPO and shall comply with the procedures set forth in Stipulation VIII.

a. In those instances where the Standards cannot be met, and OCD needs to consult with the SHPO, the following documentation shall be provided by OCD to the SHPO: current photographs and a site location map on a U.S.G.S. map; a conditions assessment; an analysis of the alternatives; a cost analysis of the alternatives; and the proposed mitigation measures. b. The SHPO shall provide written comments within 30 days following receipt of documentation.

12 F Elevation If elevation of a standing structure that is listed or eligible for listing on the National Register of Historic Places as a contributing element to a National Register District is proposed, then the following shall apply:

1. If the elevation conforms to a method that has been approved in advance by the SHPO for use in the specific historic district in which the action is proposed, then OCD may propose a finding of "no adverse effect" and treat the activity as specified in Stipulation IV D 2 above.

2. If the SHPO has not approved an elevation method for the historic district then OCD will follow the steps set out in Stipulation VIII (below).

G. Site Improvements and Public Improvements 1. Site improvements and public improvements within historic districts including sidewalk improvements, repaving of streets, and installation of landscaping, street lighting, and street furniture should adhere to the Standards and will be designed to ensure that character defining elements of historic properties are preserved through repair or replacement in-kind. Any new materials or features introduced in a historic district will be responsive to the character of that district.

2. Final plans and specifications for site and public improvement projects will be reviewed and approved by SHPO. If the Standards cannot be met or if the project could have an adverse effect on historic properties, then prior to taking any action, OCD shall consult with the SHPO, and/or MBCI and TBTL and shall comply with the procedures set forth in Stipulation VIII.

a. In those instances where the Standards cannot be met, and OCD needs to consult with the SHPO, and/or MBCI and TBTL, the following documentation shall be provided by OCD to the SHPO, and/or MBCI and TBTL: current photographs and a site location map on a U.S.G.S. map; a conditions assessment; an analysis of the alternatives; a cost analysis of the alternatives; and the proposed mitigation measures. b. The SHPO, and/or MBCI and TBTL shall provide written comments within 30 days following receipt of documentation.

H Property Acquisition & Disposition 1. If a Homeowner elects the buyout option whereby the title to the standing property is transferred to the Road Home Corporation, then OCD will secure the property until it is evaluated for National Register

I3 eligibility in accordance with Stipulation VI, which will occur within 120 days from acquisition.

2. Those properties that are determined eligible will be mothballed and maintained by OCD to preserve their integrity pending the disposition.

3. Guidelines for Mothballing and Maintenance shall be determined in consultation with the SHPO. Once approved, OCD will ensure that the guidelines are implemented. Said guidance shall include a provision to prevent looting of archaeological artifacts.

4. Any and all contracts entered into by OCD pursuant to either buyout option shall include the requirements of this stipulation IV H.

V NEW CONSTRUCTION

A New construction, which will receive Program funds and is located within an historic district or adjacent to historic properties included in or eligible for the NRHP, will be designed to adhere to the guidelines for new construction contained in the Standards and be responsive to the overall character of the historic property in terms of height, scale, massing, set-backs, color, materials, and detailing. Preliminary plans will be sent to SHPO for review, and/or comment and approval. The SHPO will respond in writing to OCD within 30 days of receipt of the preliminary plans. If there is no response within 30 days, OCD will assume that the SHPO finds the plans in conformance with the Standards and may proceed. Prior to initiating construction activities, OCD will contact the SHPO if written notification is not received. The final design must be consistent with preliminary approved plans, and modified to address any recommendations by the SHPO.

B. The design of infill construction on vacant parcels within historic districts or on parcels where historic properties have been demolished by OCD under the terms of this Programmatic Agreement and previous PA's, shall adhere to the Standards and will be developed in consultation with the SHPO. Such designs will be submitted to the SHPO on a case-by-case basis.

C. Additions to historic buildings or contributing buildings within historic districts shall adhere to the Standards and be consistent with guidelines in National Park Service Preservation Brief No. 14, "New Exterior Additions to Historic Buildings: Preservation Concerns." Plans for such additions must be reviewed and approved by SHPO to ensure consistency with the Standards and guidelines.

D. All new construction shall conform to the procedures outlined in Stipulation II above and Appendix D regarding archaeology and consultation with the tribes. If the new construction does not trigger any archaeological review

14 and is not located in an existing or National Register eligible historic district, nor in proximity to a property that is either on or eligible for individual listing, then OCD HPS may determine the proposed Undertaking will not affect historic properties; does not meet the Criteria of Adverse Effect; or that it conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR Part 68, and OCD may propose a finding of "no historic properties affected" or "no adverse effect" as appropriate. The SHPO and/or MBCI and TBTL shall provide written comments within 30 days following receipt of documentation.

E. If the SHPO or one of the tribes objects to a determination of "no historic properties affected" or "no adverse effect," or if the plans for new construction in a historic district cannot meet the SOI Standards, then the provisions of Stipulation VIII shall apply.

F. Notwithstanding any identification of historic properties performed pursuant to Stipulation IV above, properties acquired by the Road Home program will receive another review prior to their disposition and reuse either "in commerce" or as open space, as it is possible that once the totality of properties is evident, it may be necessary to modify the APE or reassess the historic significance.

G. OCD HPS will make its best effort to identify areas where there will be concentrations of the Road Home applications for buyouts or sales that may affect collections of adjacent historic properties including historic districts and archaeological sites. Based on this information, OCD HPS will take steps to identify historic properties, including historic districts in areas that are likely to be returned to open space, to assist with local planning efforts and the delivery of disaster assistance. OCD will involve other consulting parties who may have an interest in these areas as early as feasible in the identification and evaluation steps to promote the full consideration of historic preservation issues in the planning process.

VI COORDINATION OF REVIEWS

A Use of Federal or State Database 1. OCD staff or its delegate (e.g. Road Home staff) will first check to see if any other Federal or State agency has reviewed the property pursuant to procedures developed to meet their Section 106 responsibilities. If the Federal or State database lists the property, that designation (historic or non-historic) will prevail, except as noted in (2) below.

2. If OCD desires to challenge the Federal or State designation (that the property is historic) then OCD shall follow the procedures outlined in 36 CFR 800.4(c)(2).

15 B If a property application is received and the property has not and will not be reviewed by another Federal or State agency, pursuant to Stipulation VI.A above, it will be subject to the review procedures outlined immediately below.

C OCD or its contractor, in consultation with SHPO and the tribes, as appropriate, shall assess the effects of Road Home Program activities that do not require review in accordance with stipulations IV and V above.

D OCD will require that Architectural Historians, who meet the Secretary of the Interior's (S01) Professional Qualifications Standards, as determined by the SHPO, provide OCD with recommendations regarding NRHP eligibility of buildings and structures, effects, and treatments. OCD will also require that Archaeologists, who meet the SO1 Professional Qualifications Standards, as determined by the SHPO, provide OCD with recommendations regarding the NRHP eligibility or archaeological sites, projects effects, and the treatment of NRHP eligible archaeological sites.

E OCD HPS will determine if the proposed action may affect a historic property as defined in 36 CFR §800.16(i) and, if so, apply Criteria of Adverse Effect, 36 CFR §800.6(a)(1) to the Undertaking. If OCD HPS determines that the Undertaking may directly or indirectly adversely affect historic properties, it may consult informally with OCD program staff and the applicant (private property owner asking for assistance) to determine if there are feasible alternatives to avoid a potential adverse effect. OCD will comply with the following procedures to finalize the effect determinations:

1. If OCD determines that an activity's scope of work is limited to one or more of the approved programmatic allowances identified in Appendix E, or to activities not requiring review as set forth in Stipulation III, the review shall be complete. OCD will not make a determination of effect or request the comments of other consulting parties, but will include documentation of its review in the project files. OCD will provide information regarding this review to any consulting party on request and will document these and other reviews in its Annual Report.

2. If OCD HPS determines the proposed Undertaking will not affect historic properties; does not meet the Criteria of Adverse Effect; or that it conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR Part 68, OCD may propose a finding of "no historic properties affected" or "no adverse effect" as appropriate. If the Undertaking will not involve ground disturbance, OCD will forward information to the SHPO and request that they respond within 30 days to OCD's determination. If OCD does not receive an objection to this determination within 30 days, OCD's review required by the PA is complete. If the Undertaking will involve ground

16 disturbance, OCD will require that the Lower-Impact Demolition Stipulations (Appendix G) are implemented and will also forward information to Indian tribes that have indicated interest in the area (Appendix H) and request that they respond within 30 days to OCD's determination. If OCD does not receive an objection to this determination within 30 days, then the review is complete. OCD will also forward notification of these findings to consulting parties that have expressed an interest in these types of actions.

F. If OCD HPS determines that the proposed individual Undertaking may adversely affect historic properties it will follow the steps set out in Stipulation VIII.

G For determinations of "no historic properties affected" and "no adverse effect", the contractor will document the basis for its determination and submit it to the SHPO and tribes for a 30 day review period. Concurrent with this review, OCD shall make the determination available to other consulting parties and the public in accordance with Stipulation IX.

H OCD will consider timely and substantive comments related to historic preservation that are received within the 30 day review period.

I OCD may modify its proposed treatment to a particular property in response to recommendations from the SHPO, tribes, other consulting parties, and the public to ensure that the undertaking will avoid an adverse effect.

J OCD will ensure that all properties processed under this Stipulation will be added to the database being prepared by OCD or another Federal or State agency, as well as the database being prepared by SHPO, which meets the same standards as that database. OCD shall forward all such information it may possess to SHPO at agreed-upon intervals.

VII INVOLVEMENT OF CONSULTING PARTIES

A The Preservation Resource Center Of New Orleans (PRC), The Historic District Landmarks Commission (HDLC), and The National Trust for Historic Preservation (NTHP) have been identified as consulting parties to this agreement.

B PRC, HDLC, and NTHP will notify OCD of their interests, either by geographic or program area, or both. Once the PRC, HDLC and NTHP notify OCD of their interest in particular program activities or geographic areas, OCD will ensure they are provided timely written documentation to facilitate their involvement in the review of determinations and activities covered under the terms of this PA.

17 C PRC, HDLC, and NTHP may review all determinations of "no historic properties affected" and of "historic properties affected" that have been sent to them pursuant to their notification of interest.

D PRC, HDLC, and NTHP may participate in evaluation of those areas with properties acquired through the buyout and/or sale programs within their area of geographic interest as early as feasible in the identification and evaluation steps to promote the full consideration of historic preservation issues in the planning process.

E PRC, HDLC, and NTHP may consult with OCD, SHPO, MBCI, TBTL, HDLC and NTHP to determine the appropriate level and kind of public outreach required for The Road Home Program.

VIII RESOLUTION OF ADVERSE EFFECTS

A Within 90 days following execution of this PA, OCD will consult with SHPO, tribes, and other consulting parties to establish the protocols for 1) evaluating alternatives and 2) developing standard mitigation measures to be included in agreement documents negotiated under the terms of this PA.

B Once the protocols for the use of standard mitigation measures are developed, all adverse effects will be resolved using this approach unless the SHPO, tribe, or other consulting party objects. In the event there is an objection, OCD will adhere to the following procedures: 1. Notify the ACHP of the undertaking and include a summary of the case history to facilitate its decision whether to participate in consultation; 2. If the ACHP declines to participate, initiate consultation on an agreement document that will be filed with the ACHP under the terms of this PA before initiating project activities; 3. If the ACHP decides to participate in consultation, the MOA will be negotiated and signed by consulting parties in accordance with 36 CFR Section 800.6.

C In the event that the terms of an MOA cannot be reached pursuant to Stipulation VIII.B, the OCD shall request the comments of the ACHP. The ACHP will provide written comments to OCD within 30 days following the receipt of adequate documentation, and in recognition of the 90-day time frame for adverse effect consultations.

D Consultation for the resolution of Adverse Effects shall be concluded within ninety days. If consultation will extend beyond this period OCD, SHPO, and tribes shall notify the ACHP of the impasse.

E The standard mitigation agreement shall be filed with ACHP and retained as part of the project record.

18 F OCD shall not grant assistance to an Applicant who, with the intent to avoid the requirements of Section 106, has intentionally significantly adversely affected a historic property to which the assistance would relate.

G If an applicant causes significant and adverse effects to a historic property before the review required by this PA is completed, OCD shall determine if Section 110(k) of NHPA is applicable and if circumstances may justify granting such assistance, despite the adverse effect created or permitted by the applicant, and will consult with the ACHP to finalize the review following the process set out in 36 CFR §800.9(c).

IX PUBLIC PARTICIPATION

A OCD, SHPO, MBCI, TBTL, PRC, HDLC and NTHP shall consult to determine the appropriate level and kind of public outreach required for the Road Home Programs and individual Undertakings. The agencies may use various media outlets to implement this Public Participation process to include, as appropriate, the Road Home website and the Louisiana Department of Culture Recreation & Tourism (CRT) Website. Standards for specific programs are set forth in Appendix I, which may be amended from time to time, as set forth in Stipulation Xl.

B OCD shall accept responses to its requests for public comments through the U.S. mail and e-mail and all outreach efforts shall clearly describe the ways that the public may submit any comments or contact the agencies.

X DISPUTE RESOLUTION

A Should any signatory or concurring party object to OCD within the time frames provided to any plans, specifications, or actions provided for review pursuant to this PA, OCD shall consult further with the objecting party to seek resolution.

B If OCD determines that the dispute cannot be resolved; OCD shall forward its proposed resolution of the dispute and all documentation relevant to the dispute to the ACHP. Within 30 days after receipt of all pertinent documentation the ACHP will:

1. Advise OCD that it concurs with OCD's resolution of the dispute;

2. Provide OCD with recommendations, which OCD shall take into account in reaching a final decision regarding the dispute; or

3. Notify OCD that it shall comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any comment provided shall be taken

19 into account by OCD in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute. C If the ACHP does not provide OCD with comments or recommendations within 30 days, OCD may assume that the ACHP does not object to its recommended approach and it shall proceed accordingly.

D Any recommendation or comment provided by ACHP shall be understood to pertain only to the subject of the dispute, and OCD's responsibilities to fulfill all actions that are not subject of the dispute shall remain unchanged.

XI MONITORING AND REPORTING

A OCD shall retain documentation, including work write-ups and "before" and "after" photographs, for all activities carried out pursuant to the Agreement. Files will be retained for a minimum of ten (10) years.

B. An annual report, including the addresses of properties included in Program activities and a description of the work completed at historic properties, shall be sent to the SHPO and consulting parties for review and comment. Supporting documentation will be available upon written request.

C. From time to time, the SHPO will review files for the activities to verify that the terms of the agreement are being properly implemented.

D. OCD, SHPO and ACHP shall meet every year to review the status of this agreement and to monitor the implementation of this process. Consulting parties may be invited to this meeting.

E. Nothing in this Agreement shall be construed as meaning that OCD cannot request the advice or assistance of the SHPO, ACHP or other consulting party at any time.

XII AMENDMENTS AND TERMINATION

A. OCD, the SHPO, the ACHP or the Indian tribes, MBCI and TBTL, for matters related to tribal interest, may request that the consulting parties consider an amendment to this PA if circumstances change; if any of the parties is not fulfilling their responsibilities under the terms of the agreement; or if it appears that the effects of the Undertaking were not fully considered and addressed by this agreement. Unless additional actions are taken to terminate this agreement, the PA will remain in full force and effect until it is superseded or modified by an amendment that has been executed by all signatories. The amendment shall be effective on the date of the signature by the final signatory or an alternative date provided by the terms of the amendment. This agreement allows for

20 additional Indian tribes to execute this PA at a later time. The full acceptance of the terms of this agreement by an additional Indian tribe may be evidenced by the execution of an addendum to the PA that does not require an amendment of the agreement or the signature of any additional signatory or concurring party.

B OCD, the SHPO, the ACHP or the Indian tribes, MBCI and TBTL, for matters related to tribal interests, may recommend termination of this PA by providing 30 days' written notice to the other parties, provided that the parties shall consult during this period to seek amendments or other actions that would prevent termination. Termination of this PA shall require compliance with the provisions of 36 CFR 800 on an individual project-by-project basis.

C This PA may be terminated by the execution of a subsequent Programmatic Agreement pursuant to 36 CFR Part 800.14(b) that explicitly terminates or supersedes this PA

XIII DURATION AND RENEWAL

A This Programmatic Agreement will continue in force through and including December 31, 2016. At the end of calendar year 2015, this PA shall be reviewed by OCD, the Louisiana SHPO, the ACHP and the Indian tribes, MBCI and TBTL, for possible modifications, termination, or extension, which will be processed as an amendment(s) to the PA.

B Execution and implementation of this Programmatic Agreement is evidence that OCD has afforded the ACHP an opportunity to comment on its Programs and their effects on historic properties; that OCD has taken into account the effects of its undertakings on historic properties; and that OCD has satisfied its Section 106 responsibilities for all individual undertakings of the Programs.

21 08/28/2007 13:54 2252199655 UUD/UKU rHum U.D/UO

SIGNATORY:

LOUISIANjFICE 0! 9MMUNITY DEVELOPMENT (OCD) , BY: ja-i ..= Zj, Date: 0. )?'&17 Su n Elkins, Executive Director

23

08/28/2007 13:54 2252199655 OCD/DRU PAGE 02/03

SIGNATORY:

LOUISIANA STATE HISTORIC PRESERVATION OFFICER OF THE DEPARTM NT OF C,sULTURE, RECREATION & TOURISM; 6? -.2 ci> -.0 7 BY: §fic Date: Pam Breaux, State Historic Preservation Officer

24

SIGNATORY:

ADVISORY CO N IL ON HIST RIC PRESERVATION; BY: q‘, Date: ee2.r,J 7 John M. Fowler, Executive Director

25 APPENDICES TO OCD PA FOR ROAD HOME AND OTHER RESIDENTIAL PROGRAMS

A Map of Eligible Parishes

B Historic Districts (National Register and National Register Eligible)

C National Historic Landmarks

D Archaeological Procedures

E Programmatic Allowances 1 Ground-disturbing activities and site work and buildings 2 Individual Mitigation Measures

F Recordation Measures

G Lower-Impact Demolition Stipulations

H Tribal Areas of Interest in the State of Louisiana

I Public participation

J Definition of Collapsed

K Archaeological Probability Zone Map — Orleans Parish - May 3, 2006

24 APPENDIX A Map of Eligible Parishes

FEMA-1603-DR, Louisiana FEN1A-1607-DR, Louisiana Disaster Declaration as of 10/07/20(15 Disaster Declaration as of 10/18/2005

• I) ...AL lit.nic .`•• tvra

owstti 11•0141.1

AKJI IOU %lap I xgrnil Lataiion NIAp !.,tend , !,. lksigriattd l'arishea 412 i 1?cLoyAi.11\111,fuN FEMA FEMA (Catteme..4 ind t) ,Iti , • .11,41‘ 1.4a111. Ala .114, .. 114.41,so• hr Pall 4.410tat“ Catc.41‘.., listking.t. A I . r 111.1.4 Appdvar t,Irp•ps mot - ro) (A OM— 61 I , iv I' la

I s .4.etty It, Iterktds$13.1ante.111.1K A.4.241, XIICSOitti A VW Of

11031h A•Pdan. toP.k. a ltr AP* .41.vta•ms o• ppt, . • yr.. 0,0 Poit.4 kUttp•OPIC.Pd not. pbeldni• 41.3.•H wl.YWlM ptph {04 *PPP.. up. Pot 11.1.01,11.4101..4 M AP.. WOO .141: • ,4 42,

25 APPENDIX B

HISTORIC DISTRICTS (NATIONAL REGISTER AND NATIONAL REGISTER ELIGIBLE) (www.crt.state.la.us/hpinhl/searchby.asp)

Acadia Parish New Marigny Historic District Acadia Historic District Parkview Historic District Pontchartrain Park Historic District Ascension Parish South Lakeview Historic District Donaldsonville Historic District The Garden District Upper Central Business District Calcasieu Parish Uptown Historic District Lake Charles Historic District Vieux Carre

East Baton Rouge Parish St. Bernard Drehr Place Historic District Friscoville Street Historic District Kleinhart Terrace Historic District Old Arabi Historic District Main Street Historic District Roseland Terrace Historic District St. James Southern University Historic District Colonial Sugars Historic District St. Michael's Church Historic District East Feliciana Parish Jackson Historic District St. John the Baptist Garyville Historic District Iberia Parish East Main Street Historic District St. Martin Breaux Bridge Historic District Iberville Parish St. Martinville Historic District Carville Historic District Plaquemine Historic District St. Mary Franklin Historic District Jefferson Parish Historic Districts Morgan City Historic District include: Barataria Unit Historic District St. Tammany Gretna Historic District Abita Springs Historic District Division of St. John Historic District Lafayette Parish Sterling Grove Historic District Tangipahoa Downtown Amite Historic District Orleans Parish Historic Districts Hammond Historic District Algiers Point Historic District Independence Historic District Broadmoor Historic District Ponchatoula Commercial Historic District Bywater Historic District Carrollton Historic District Terrebonne Central City Historic District Houma Historic District Edgewood Park Historic District Esplanade Ridge Historic District Vermilion Faubourg Marigny Historic District Abbeville Residential Historic District Gentilly Terrace Historic District Downtown Abbeville Historic District Holy Cross Historic District Irish Channel Area Architectural District West Baton Rouge Lower Central Business District Allendale Plantation Historic District Lower Garden District Cinclare Sugar Mill Historic District Mid City Historic District

26 APPENDIX C National Historic Landmarks (National Register and National Register Eligible)

National Historic Landmarks Located Within Parishes Designated by FEMA for the Individual Assistance Program

Assumption Parish Presbytere Madewood Plantation House St. Alphonsus Church (Napoleonville) St. Mary's Assumption Church St. Patrick's Church East Baton Rouge Parish United States Customs House Louisiana State Capitol (Baton Rouge) United States Mint, New Orleans Branch Old Louisiana State Capitol (Baton Ursuline Convent Rouge) Vieux Carre Historic District U.S.S. Kidd (Baton Rouge) Plaquemines Parish East Feliciana Parish Fort De La Boulaye (Phoenix) Port Hudson Battlefield (Port Hudson) Fort Jackson (Pointe-a-la-Hache) The Courthouse and Lawyers' Row Fort St. Phillip (Pointe-a-la-Hache) (Clinton) Pointe Coupee Parish Iberia Parish Parlange Plantation House (Oscar) Shadows-On-The-Teche (New Iberia) St. Charles Parish Lafourche Parish Homeplace Plantation House E.D. White House (Thibodaux) (Hahnville)

Orleans Parish (New Orleans) St. James Parish Cabildo Oak Alley Plantation (Vacherie) George Washington Cable House Delta Queen (River Steamboat) St. John the Baptist Parish James H. Dillard Home Evergreen Plantation (Wallace) Gallier Hall San Francisco Plantation House Gallier House (Reserve) Garden District Hermann-Grima House St. Martin Parish Jackson Square Acadian House (St. Martinville) Lafitte's Blacksmith House Longue Vue House and Gardens St. Tammany Parish Louisiana State Bank Building Deluge (Fire Fighting Tug) (Lacombe) Madame John's Legacy Mayor Girod House West Feliciana Parish New Orleans Cotton Exchange Building Rosedown Plantation (St. Francisville) Pontalba Buildings APPENDIX D

ARCHAEOLOGICAL PROCEDURES

A. As noted in Stipulation VI D above, if a specific action for a specific property has already complied with all Section 106 requirements by virtue of the actions taken by another federal agency or their delegate (e.g. FEMA for a demolition) then OCD will not be required to duplicate this review, provided this review was completed after August 31, 2005.

B. OCD HPS will do identification of archaeological properties prior to demolition by means of the following process. If a demolition or other ground-disturbing activity is proposed on or adjacent to a recorded archaeological site, OCD shall consult with SHPO and/or MBCI and TBTL and other consulting parties, as necessary, to develop site-specific treatment plans including background research and site-specific avoidance measures. OCD will not be required to monitor sites or develop treatment plans for archaeological sites that have been determined not eligible for the NRHP pursuant to this PA or the National Park Service's criteria.

C. OCD HPS will use predictive models of probability zones, such as Appendix K, to determine the likelihood of intact archaeological resources that may be impacted by the Undertaking. If it is determined that there is a likelihood that archaeological resources will be impacted, OCD HPS will develop a plan to identify such properties prior to work at the site. This plan will be approved by SHPO.

D. Prior to the performance of any demolition contract entered into by OCD, other State agency, or a local government to clear property located in a high probability zone as determined by SHPO and acquired under the sale and buyout provisions of the Road Home program, OCD HPS shall, following notice to MBCI and TBTL, and in consultation with SHPO, conduct cursory inspections of the demolition site to identify readily visible archaeological features. If features are located, archaeologists shall document the features and immediately notify applicable OCD staff to ensure that demolition crews will implement adequate measures to avoid the features. If avoidance is infeasible, OCD will notify the consulting parties and begin consultation pursuant to 36 CFR §§800.12(b) and (c).

E. OCD shall ensure compliance with the Lower-Impact Demolition Stipulations in Appendix G and will require that these stipulations are made explicit in the demolition contract documents entered into by OCD, other State agencies, or a local government to clear property acquired under the sale and buyout provisions of the Road Home program. OCD shall conduct a joint briefing with any applicants involved in the

2$ development of open space on properties acquired through the Road Home program to reinforce the legal obligation to comply with the Lower- Impact Demolition Stipulations. F. OCD may, in consultation with SHPO, MBCI, TBTL and other parties that may have an interest in the property, monitor demolition activities to determine if the terms of the Lower-Impact Demolition Stipulations are being met. If OCD, or the party designated to monitor the demolition activity, observes the presence of archaeological materials that have been uncovered or have been disturbed by demolition, that party shall have the authority to request that the demolition activities cease in the area of the discovery until the effects of the Undertaking can be assessed through intensive visual inspection. If adverse effects are observed, the monitoring party will notify OCD, which in turn shall notify SHPO and other consulting parties, and initiate the review described in Stipulation VIII. G. At demolition locations potentially involving asbestos materials, contractors will establish a safety perimeter beyond which archaeological monitors shall not be permitted to cross without first obtaining the appropriate training and personal protective equipment (PPE). Archaeologists shall have formal asbestos training, a pulmonary fitness examination, and may be required to wear a full respirator and a Tyvek suit. If an archaeological monitor needs to cross the safety perimeter, the monitor shall approach the official on site and notify them of the need to access the demolition site. The official on site shall have all equipment inside the work zone stop work so that the archaeologist may conduct a brief inspection. If the archaeologist observes no significant findings, then the archaeologist will leave the restricted zone and the work may resume. If the archaeologist determines significant or potentially significant findings are present, he/she shall be treated in accordance with the provisions of H below. H. If unexpected discoveries, including archaeological artifacts and human remains, are uncovered during the Undertaking, these shall be treated as follows: 1. OCD shall require that any contracts for the demolition of improvements or other ground disturbing activities include provisions regarding the treatment of archaeological deposits. If dense amounts of intact archaeological deposits in urban areas or broad artifact scatters in rural areas are uncovered, the contract shall require that work in the vicinity of the discovery be stopped immediately, that all reasonable measures to avoid or minimize harm to the findings be taken, and immediate notice be provided to OCD. OCD shall ensure that the archaeological findings are secured and access to the sensitive area is restricted. Within 24- hours of notification, OCD shall notify SHPO and any Indian tribe that have indicated their interest in the area of the discovery as shown in Appendix H of the findings. Work in the vicinity of the

29 discovery and may not resume until OCD has completed consultation with SHPO, Indian tribes and other consulting parties, as necessary. 2. OCD shall require that any contracts for the demolition of improvements or other ground disturbing activities include provisions regarding the treatment of human skeletal remains that may be discovered. These provisions shall require work to stop immediately in the vicinity of the uncovered human remains and immediate notice regarding the discovery to OCD, the local Police Department and the Parish Coroner's Office. Within 24-hours of the notification, OCD shall notify SHPO and any Indian tribe that have indicated interest in the area of the discovery as shown in Appendix H. The local law enforcement officials shall assess the nature and age of the human skeletal remains. OCD shall ensure that the notice of the discovery required by Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq) is given to the Secretary, Louisiana Department of Culture, Recreation and Tourism (CRT) by contacting the Division of Archeology at 225-342-8170 within seventy-two hours of the discovery. If the coroner determines that the human skeletal remains are older than 50 years of age, the Secretary of CRT has jurisdiction over the remains. OCD shall take the lead in working with the SHPO and any Indian tribe that has indicated interest in the area of the discovery as shown in Appendix H, the Division of Archaeology, the property owner, and other consulting parties who may have an interest to ensure compliance with this State law, other applicable laws, and this PA. In addition, OCD shall require that the guidelines contained in the ACHP's "Human Remains Policy" will be followed.

30 APPENDIX E

PROGRAMMATIC ALLOWANCES

The following repair or construction activities do not require review by SHPO or THPO and Tribes pursuant to Stipulations VI-VIII. This list may be revised without amending this Agreement, with a letter concurred to by OCD, SHP() or THPO, and Tribes.

When referenced in an Allowance, "in-kind" shall mean that it is either the same or a similar material, and the result shall match all physical and visual aspects, including form, color, and workmanship. "In-kind" mortar shall also match the strength, content, color, rake, joint width, and tooling of historic mortar.

I. GROUND-DISTURBING ACTIVITIES AND SITE WORK shall mean all work being performed in archaeologically surveyed areas with no recorded eligible archaeological site(s), or previously disturbed areas. Should an unexpected discovery be encountered, work must stop and compliance with Stipulation VII is required.

A. Ground-disturbing activities related to the repair, replacement, reinforcing or pouring of footings, foundations, retaining walls, other slope stabilization systems (i.e., gabion baskets, etc.), and utilities in existing utility right-of-ways (including sewer, water, drains, electric service or distribution, gas, communications, leaching systems, cesspools, and septic tanks). This Allowance refers to archaeological review. The Allowance also applies to historic review of character-defining features of a historic property that is listed in or eligible for listing in the Register, when the work is in-kind.

B. Substantial in-kind repair, replacement, or upgrade of culvert systems within rivers, streams, or drainage ways, including any moderate increase in capacity. This Allowance also applies to related features of historic properties such as headwalls and wing walls that may be included in or eligible for inclusion in the Register, when the work is to be in-kind.

C. Repair, replacement, or hardening of utilities under existing improved roads or roadways, or within previously disturbed rights of way, and for repair, replacement, or hardening of above ground utilities where they are set in or immediately adjacent to their previous location.

D. In-kind repair or replacement of driveways, paths, trails, parking areas, and walkways.

E. In-kind repair or replacement of fencing and other freestanding exterior walls.

31 F. Substantially in-kind repair or replacement of metal utilitarian structures (i.e. pump houses, storage buildings, etc.), including exposed pipelines. Modern materials may be used provided their finish is compatible with existing structures and the site. Structures such as bridges, water towers, and service and antenna towers shall not be considered utilitarian structures.

G. Installation of temporary structures for uses such as classrooms, offices, or medical support facilities, except when located in historic districts or archaeological areas.

H. Installation of scaffolding, temporary barriers (i.e., chain link fences, etc.), polyethylene sheeting, or tarps, provided such work will not result in additional damage, irreversible alterations, or significant loss of historic fabric.

I. In-kind repair or replacement of landscaping and utilities, such as paving, planters, trellises, irrigation, lighting, signs (such as stop and facility), retaining walls, ramps and steps. This also includes flag poles, playgrounds, parks, above ground swimming pools, decks, and athletic field equipment/recreational structures and equipment (i.e., benches, bleachers, permanent seating, batting cages, score boards, basketball goals, picnic tables, playground equipment such slides and swing sets, etc.) Minor mitigation measures (i.e., increased in pole diameter, additions of new safety anchors, etc., will be covered by this Allowance).

II. BUILDINGS, requiring repairs or replacement, when all work is consistent with Secretary of the Interior's Standards, latest edition.

A. Interior Work: Floors, Walls, Stairs, and Ceilings

1. In-kind repair, replacement, restoration, preservation, protection, maintaining of materials, or features on interior work on floors, walls, stairs, and ceilings, or partial replacement of trim. The Allowance applies to repair of interior finishes, including plaster and wallboard, provided the repair is restricted to damaged areas and does not affect adjacent materials. The Allowance does not apply to substrates for decorative materials such as murals, glazed paint, gold leaf, etc.

2. Replacement of heavily damaged plaster and lath with drywall where the plaster is non character-defining detail.

3. Interior cleaning on non-porous surfaces using a weak solution of household bleach and water. Solution should be 1/4 to 1/2 cup per gallon of water (LSU AgCenter, Mold: Important Questions, Objective Answers, 2005). Caution must be used not to expose or combine bleach solutions with other chemicals such as ammonia.

32 4. In-kind repair or replacement of specialized finishes such as decorative painting, glazing, or gilding on flat or ornamental plaster; or repair or replacement of ornamental plaster, when such repair or replacement is undertaken by those experienced in such finish work. Damaged ornamental plaster shall be repaired or reattached when possible. Where severity of deterioration requires replacement, the ornamental plaster shall be replaced in-kind; every effort shall be made to minimize the loss of additional historic fabric through use of the gentlest means of repair possible, and through adequate protection of undamaged areas. All repairs or replacements shall be made in accordance with Preservation Briefs: 21 (Repairing Historic Flat Plaster-Walls and Ceilings), 23: (Preserving Historic Ornamental Plaster) and 28: (Painting Historic Interiors). When extensive damage to specialized finishes are involved (25% or more damage to an area), coordination with SHPO shall be conducted prior to approving and funding the project.

5. Repair or replacement of suspended or glued ceiling tile.

6. Installation of grab bars and other such minor interior modifications required for compliance with the Americans with Disabilities Act (ADA)

7. Non-destructive or concealed testing for hazardous materials (i.e., lead paint, asbestos, etc.) or for assessment of hidden damages.

8. Replacement of wood gymnasium floors with contemporary gym flooring materials.

9. Replacement of damaged vinyl floor tile or asbestos floor tile with contemporary floor tile of the same dimension and thickness, and similar texture or pattern.

B. Utilities, Mechanical, and Electrical Systems

1. Minor utility system work, including interior mechanical (e.g., HVAC), electrical, or plumbing work, which is limited to upgrading, or in-kind replacement. Historic fixtures, grilles, etc., where exposed to view, shall be repaired in-kind for the Allowance to apply. The Allowance shall not apply to installation of exposed new ductwork

2. Replacement or installation of interior fire detection, fire suppression, or security alarm systems. The Allowance does not apply to surface mounted wiring, conduits, piping, etc., unless previously existing.

3. Elevation of HVAC and mechanical equipment as long as it is placed or located where it is not highly visible from the street, or if it installation does not result in significant loss of historic fabric, or character-defining details.

33 C. Windows and Doors

1. In-kind repair or replacement of damaged or deteriorated windows, shutters, storm shutters, and doors including all hardware.

2. Replacement of windowpanes in-kind. Clear plate, double, laminated or triple insulating glazing can be used, provided it does not result in altering the existing window material or form. This Allowance does not apply to the replacement of existing archaic or decorative glass. Historic windows or glazing may be treated with clear window films.

D. Exterior Walls, Cornices, Porches, and Foundations

1. Cleaning, repair or repainting of surfaces, provided that destructive surface cleaning and preparation treatments are not used such as water blasting, sandblasting, power sanding and chemical cleaning. These cleaning systems must be approved by SHPO before the work commences. Otherwise surface treatments much comply with the treatment approaches outlined in Preservation Brief #6: Dangers of Abrasive Cleaning to Historic Buildings (National Park Service, 1979).

2. In-kind replacement of porches, cornices, siding, balustrades, stairs, or trim.

3. In-kind repair or replacement of signs or awnings.

4. Installation of temporary stabilization bracing or shoring, provided such work does not result in additional damage, significant loss of historic fabric, or irreversible alterations to this or adjacent areas.

5. Anchoring of walls to floor systems, provided the anchors are embedded and concealed from exterior view, and disturbed historic fabric is restored in-kind.

6. In-kind repair or reconstruction of concrete and masonry walls, columns, parapets, chimneys, or cornices, using compatible brick and mortar as previously described.

7. Bracing and reinforcing of walls, chimneys and fireplaces, provided the bracing and reinforcing are either concealed from exterior view or removable in the future.

8. Strengthening and reinforcing of foundations and addition of foundation bolts, provided that visible new work is in-kind, and if required, mortar repair or replacement as previously described.

34 9. Repairs to and replacement of elements of curtain wall assemblies or exterior cladding that is hung on the building structure, usually from floor to floor, and when the color, size reflectivity and visual patterns are unaltered.

E. Roofing

1. In-kind repair, replacement or strengthening of roofing, rafters, fascia, soffits, gutters, rafters or downspouts.

2. Replacement of three-tab asphalt singles with dimensioned architectural shingles; replacement of cement asbestos shingles with asphalt-based shingles or other roofing of similar appearance to the original such as slate; replacement of corrugated asbestos panels with corrugated metal panels or other roofing of similar appearance to the original; replacement of untreated wood shingles or shakes with similar items of fire resistant wood; and replacement of corrugated metal panels.

3. Repairs to a flat roof, including changes in roofing materials, where the repairs are not highly visible from the ground level.

4. Replacement of metal roofs with in-kind materials. If the roofing material to be replaced is character defining, the replacement must be in-kind, not just a form of metal roofing.

5. In-kind replacement of greenhouse glass panels.

F. Weatherproofing and Insulation

1. Caulking and weather-stripping to complement the color of adjacent surfaces or sealant materials.

2. In-kind replacement or installation of insulation systems, provided that existing interior plaster, woodwork, or exterior siding is not altered. The Allowance does not apply to urea formaldehyde foam insulation or any other thermal insulation containing water, when installed within wall cavities. It does not apply to exterior insulation finishing systems (EIFS) that do not include an adequate vapor and moisture drainage system, or work in enclosed spaces that are not finished.

G. Seismic, Tornado and Hurricane Upgrades

1. The installation of the following upgrades, provided that such upgrades are not visible on the exterior or within character-defining historic interiors: attic bracing, cross bracing on pier and post foundations; metal fasteners; collar ties; gussets; tie downs; strapping and anchoring of mechanical, electrical, and plumbing equipment; concealed anchoring of furniture; installation of

35 plywood diaphragms beneath first floor joists, above top floor ceiling rafters, and on roofs; and automatic gas shut off valves.

2. Replacement, repair or installation of lightening rods.

H. Building contents, repair or replacement, including furniture, interior cabinetry, countertops, bathroom fixtures, and equipment (e.g., medical equipment).

III. Individual Programmatic Allowances

A. Install Hurricane Straps/Clips; Bolt Walls to Foundation

Project Description: Installation of hurricane straps and clips; walls bolted to the foundation.

Preservation Standards Discussion: This option will meet Louisiana Statewide PA Allowance H G.1 (Seismic Upgrades) if the project is designed to carefully remove (with minimal to no damage), disassemble, and replace all existing historic building components that must be removed to allow access to interior components of the building.

B. Install Backflow Valve

Project Description: Installation of a backflow valve to prevent sewer system backups that typically spill sewage through water faucets, drains, and toilets in a house (see diagram).

Preservation Standards Discussion: This option will meet Louisiana Statewide PA Allowance II G.1 (Seismic Upgrades) if the project is designed to locate the backflow valve pit adjacent to a secondary elevation of the property, preferably the rear, and its installation does not damage or cause the removal of significant historic architectural or landscape elements of the property.

C. Anchor Propane Tank/Heating Fuel Tank

Project Description: Tying down or anchoring propane tanks and heating fuel tanks with concrete pad anchors to prevent property damage and loss of life from explosions and fires during high wind events or earthquakes.

Preservation Standards Discussion: This option will meet Louisiana Statewide PA Allowance II G.1 (Seismic Upgrades) if installation does not damage or cause the removal of significant historic architectural features or landscape elements of the property.

D. Raise Washer, Dryer

36 Preservation Standards Discussion: This option will meet Louisiana Statewide PA Allowance II G.1 (Seismic Upgrades) if installation does not damage or cause the removal of significant historic architectural features of the property.

E. Raise Water Heater/Furnace

Preservation Standards Discussion This option will meet LA Statewide PA Programmatic Allowance II G.1 (Seismic Upgrades) if installation does not damage or cause the removal of significant historic building of the property.

37 APPENDIX F

RECORDATION MEASURES

A. Recordation: OCD shall ensure that all Buildings that are eligible for listing or are listed in the National Register of Historic Places and are to be demolished shall be digitally photographed as a Treatment Measure. The digital photography must comply with the following requirements, which are from the National Park Service's (NPS's) March 2005 Photo Policy Expansion for the National Register of Historic Places and National Historic Landmarks Survey http://www.cr.nps.ciov/nr/policyexpansion.htm: • The photographs must meet the NPS Photo Expansion Policy 75-year permanence standard. • Image files must be saved as uncompressed Tagged Image File Format (TIF) files on CD-R media. • Paper prints must follow the "Acceptable Ink and Paper Combinations for Digital Images" guidelines in the Photo Expansion Policy. • Image size must be 1600x1200 pixels at 300 pixels per inch (ppi) or larger. • Images must be saved in 8-bit (or larger) color format. • Images of each Building must include: o A view of the principal façade, an oblique view, two contextual views, and close-ups of any unique architectural features; o Address followed by name of the Historic District, if applicable; o Parish and state where Building is located; o Date of photograph; o Description of view including direction of camera; and o Name of photographer.

B Archive Public Participation Records: OCD shall ensure that the Public Participation summaries and the appropriate materials accumulated as a result of the Public Participation process are placed in an appropriate archival facility in Louisiana such as the State Archives.

38 APPENDIX G

LOWER-IMPACT DEMOLITION STIPULATIONS

I. GENERAL APPROACH

A. Major demolition activities, including placement of equipment, shall be confined to areas where soils have been previously disturbed by activities, such as site development, construction, surface grading, landscaping, utility trenching, etc. The applicant shall identify areas of obvious soil disturbance and direct their contractor to work within these areas.

B. When heavy equipment is not in use, it shall be staged on hard or firm surfaces where equipment is not susceptible to sinking. Paved surfaces shall be used to the fullest extent possible.

C. Tracked vehicles and/or large-tired equipment shall be used whenever possible to reduce the depth of soil disturbance and minimize soil compaction to a depth of six (6) inches or less.

D. Monitors (funded by OCD or another Federal or State agency) shall ensure that its contractors shall not operate heavy equipment on wet soils if the equipment begins to sink more than six (6) inches below the current ground surface. Heavy equipment may be operated in the rain, but OCD shall ensure that its contractors shall pay special attention to equipment sinkage, as noted above.

E. Shearing off structural features at the ground-surface is strongly encouraged so that further soil disturbance is minimized.

F. There shall be no salvage of architectural materials from below-grade.

G. Excavation of on-site materials and burial of debris are not permitted.

II. ACTIVITY SPECIFIC GUIDELINES

A. Treatment of Utilities

1. Utility lines shall be disconnected and capped. Extraction of utility lines may not be an eligible cost. In cases where there are no shut-off valves, limited excavation within the utility rights-of-way shall be required to cap these service lines. To limit unnecessary ground disturbance, excavation shall be limited to the existing ROW to the greatest extent feasible.

B. Footing and Pier Removal

39 1. If it is absolutely necessary to remove footings and piers to ensure public health and safety, the soil disturbance caused by these activities should be limited to a depth no greater than six (6) inches below the footing or pier to be extracted. The excavation shall not exceed a 3-foot lateral width from the footing or pier being extracted.

C. Slab Removal

1. Slab removal may only be an eligible cost if the slab, or portions thereof, present a public health and safety threat (i.e. broken and angled upward). OCD anticipates that slab removal will be a rare occurrence and eligibility calls shall be made by an OCD official. If slab removal is funded by OCD, the slab shall not be removed through excavation. It shall be hoisted off the lot, and OCD shall ensure that its contractors shall make every effort to limit any soil disturbance necessary to facilitate this process.

D. Void and/or Feature Filling

1. Any voids which require filling because they are a "health and safety issue" shall be filled with clean fill from off-site. Whenever possible this shall be a sand and matrix, however, sand is not required. These voids may include, but are not limited to, those created as the result of exposing cisterns, privies, wells, and/or basement-like depressions.

E. Surface Grading and Site Clean-Up:

1. Monitors (funded by OCD or another Federal or State agency) shall ensure that its contractors shall limit site grading to within the first six (6) inches of the existing surface elevation (e.g., side walk level, driveway level, slab level, etc.). OCD shall ensure that its contractors use light equipment (e.g., small "Bobcats," hand tools, etc.) to complete final site clean-up.

40 APPENDIX H

TRIBAL AREAS OF INTEREST IN THE STATE OF LOUISIANA

I Mississippi Band of Choctaw Indians (MBCI) All parishes.

II Tunica-Biloxi Tribe of Louisiana (TBTL) All parishes.

41 APPENDIX I

PUBLIC PARTICIPATION

A. If another Federal or State agency subject to 36 CFR 800 has already implemented public participation measures pursuant to their implementation of Section 106 and the scope of activities are unchanged, then no further measures are required by OCD.

B. If OCD is processing the specific action, then OCD shall use various media outlets to implement its public participation process. These outlets shall be the following: Baton Rouge Advocate; New Orleans Times Picayune; and the OCD Disaster Recovery Unit website (www.doa.louisiana.gov/cdbh/drhome.htm);

C. OCD and SHPO shall accept responses to its requests for public comments through the U.S. mail and email submittals to the OCD website.

D. Each year OCD will notify the public of OCD's current activities funded by the Department of Housing and Urban Development (HUD) and make available for public inspection documentation on OCD's HUD funded Program activities. Included in this documentation will be general information on the type(s) of activities undertaken with Program funds provided by HUD; information on identified historic properties, which might be affected by these activities; the amount of Program funds available in the current program year; and how interested persons can receive further information on the Program activities. OCD may accomplish public notification by incorporating information concerning potential effects on historic resources into OCD's procedures for complying with public participation requirements set forth in 24 CFR Part 58 provided pertinent information regarding historic preservation issues has been developed by OCD.

E. OCD's annual Consolidated Plan for HUD funded Programs shall include, at a minimum, a summary of the Section 106 process and a description of this Agreement and its requirements. Office of Community Development staff and Certified Staff shall ensure that information regarding this Agreement and the Section 106 process is included in periodic newsletters and other notices for public distribution.

F The Certified Staff will be available, as appropriate, for any public hearings, City Council meetings, Planning Commission meetings, Historical Commission meetings, and Community Group meetings planned to discuss Program activities determined to have a potential effect on listed or eligible historic properties.

42 OCD shall notify the Certified Staff of any public interest, concerning a preservation issue, in any Program activity covered under the terms of this Agreement. The Certified Staff shall consider any preservation-related comments from parties identified as interested, either by OCD or Certified Staff itself, concerning specific Program activities, as it implements the stipulations of this Agreement.

H. All files related to environmental processing pursuant to 24 CFR 58, including those related to environmental review, will be accessible to the public during normal business hours.

OCD will consider all comments submitted in timely fashion by the public. If a public objection to a determination of "no historic properties affected" is received prior to the expiration of the 15 day period referenced in Stipulation IV B 3 iv of this agreement it will be given equal standing with an objection by a consulting party and judged on its merits, with OCD's response to the objection included in project documentation.

J In the event of a particularly controversial adverse effect on historic resources OCD shall consult with the SHPO regarding the need for additional public participation, including public hearings.

K. Stipulation IV C refers to another review for properties acquired by the Road Home program prior to their disposition and reuse either "in commerce" or as open space. This review will include some type of public process including public notification, the ability to review plans, proposals, and appropriate underlying reviews and documentation, and the ability to submit comments to the decision making body. If the properties are located in a historic district and/or affect properties that are either on or eligible for inclusion in the National Register, then this will include an analysis by HPS of the potential affect of the proposed alternatives on the historic properties.

43 APPENDIX J

Definition of "Collapsed" for use in OCD PA

For the purpose of OCD's Section 106 compliance, any Building that is determined to be collapsed, and thus ineligible for listing in the National Register of Historic Places, must exhibit at least one of the three apparent physical conditions listed below:

1. The roof structure or one or more floors of the Building must have come to rest on the floor below, otherwise known as "pancaking";

2. The exterior walls of the Building must have racked or otherwise shifted to the degree that one or more stories of the Building stand less than two thirds of their original height; or

3. At least fifty percent of the corners on non-adjacent sides of the Building must have failed. One fallen façade does not constitute collapse of a building.

44 CD

CNA

U)

ca a. U)

a) Yo X I Ea „c1- z a_ 41 0

(13 0 0-

u

O a) cv