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Memorandum of Agreement Among the U.S. Department of State, the U.S

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Memorandum of Agreement Among the U.S. Department of State, the U.S MEMORANDUM OF AGREEMENT AMONG THE U.S. DEPARTMENT OF STATE, THE U.S. GENERAL SERVICES ADMINISTRATION, THE DISTRICT OF COLUMBIA STATE HISTORIC PRESERVATION OFFICE, AND THE NATIONAL CAPITAL PLANNING COMMISSION REGARDING INSTALLATION OF A PERMANENT SECURITY FENCE AT OBSERVATORY HILL 23RD & E STREETS NW, WASHINGTON, D.C. This Memorandum of Agreement (“MOA” or “Agreement”) is made as of this _____17 day of ________April 2020, by and among the United States Department of State (DOS), the United States General Services Administration (GSA), the District of Columbia State Historic Preservation Office (SHPO), and the National Capital Planning Commission (NCPC), (referred to collectively herein as the “Parties” or “Signatories” or individually as a “Party” or “Signatory”) pursuant to Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. § 470f and its implementing regulations 36 CFR Part 800, and Section 110 of the NHPA,16 U.S.C. § 470h-2. WHEREAS, the GSA has designated DOS lead agency for NHPA Section 106 purposes per a December 27, 2016 letter, but retains responsibility for National Environmental Policy Act (NEPA) ; and WHEREAS, NCPC has designated DOS lead agency for compliance with Section 106 of the NHPA pursuant to 36 CFR 800.2(a)(2); and NCPC is a signatory in the Section 106 process pursuant to 36 CFR § 800.3(f)(1); and WHEREAS, NCPC has approval authority over federal projects located within the District of Columbia pursuant to the National Capital Planning Act (40 U.S.C. § 8722(b)(1) and (d)) this approval would constitute an Undertaking as defined at 36 CFR § 800.16(y); and WHEREAS, the Observatory Hill Historic District, which is a Federal campus composed of thirteen free-standing buildings constructed between 1844 and 1933 in a unique landscape setting characterized by mature trees, curving roadways and perimeter walls is listed in the National Register of Historic Places; and WHEREAS, the Old Naval Observatory, a National Historic Landmark, is located at the highest point within the Observatory Hill Historic District; and WHEREAS, to maintain the Interagency Security Committee (ISC) Level 4 Facility for DOS and to satisfy security requirements arising from the 2018 renovations of the U.S. Institute of Peace (USIP) facilities (including contributing Buildings 6 and 7) on Observatory Hill, DOS plans to install permanent security fencing near the southern property boundary between the DOS and USIP parcels, to replace existing non-historic guard booth(s) as necessary to expand Page 1 of 13 sidewalk capacities, and to install pedestrian turnstiles to manage after-hour site access. These efforts will be collectively referred to herein as the “Undertaking” per Exhibit A; and WHEREAS, in consultation with Consulting Parties (as defined below), DOS has determined the Area of Potential Effect (“APE”), as illustrated in Exhibit B. The APE includes the following properties, all of which are listed in or have been determined eligible for the National Register of Historic Places: the American Pharmacists Association Headquarters at 2215 Constitution Avenue, N.W.; the Lincoln Memorial; the Harry S Truman Building (the U.S. Department of State / War Department) at 21st and E Streets, N.W.; the Observatory Hill Historic District; and the historic Plan of the City of Washington; and WHEREAS, DOS has determined, in consultation with SHPO, that the Undertaking will cause adverse effects on the Observatory Hill Historic District by physically and visually separating Buildings 7 and 6, now part of the USIP campus, from the rest of the Observatory Hill Historic District; and WHEREAS, the project footprint is within the contributing archaeological site 51NW176 boundary and no archaeological identification survey and/or geoarchaeological coring to identify intact archaeological deposits has occurred within the project footprint. DOS determined, in consultation with SHPO, that there is potential for the presence of unidentified archaeological resources within the project footprint; and WHEREAS, DOS investigated many potential fence locations and evaluated each against a set of published evaluation criteria in order to identify and then minimize adverse effects. The effort ultimately led to the selection of the Undertaking as shown in Exhibit A; and WHEREAS, DOS invited the USIP, the U.S. Navy NAVFAC Washington, the U.S. Department of the Interior, National Park Service (NPS), the Delaware Tribe, and the U.S. Commission of Fine Arts (CFA) to participate in consultation, and USIP and CFA participated as consulting parties (“Consulting Party” or “Consulting Parties”); and WHEREAS, in accordance with 36 CFR § 800.6(a)(1), DOS notified the Advisory Council on Historic Preservation (ACHP) of its adverse effects determination with the specified documentation on December 16, 2019 and ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and WHEREAS, DOS provided for public involvement in the Section 106 review process in accordance with 36 CFR § 800.8(a)(1) and coordinated Section 106 review with public review and consultation under NEPA process; and WHEREAS, CFA reviewed and approved the concept submission on February 20, 2020, and NCPC reviewed and approved the preliminary submission on March 5, 2020; and WHEREAS, DOS shall apply for a Public Space permit from the District of Columbia Department of Transportation (DDOT) for the portion of work on DDOT controlled land; and Page 2 of 13 WHEREAS, DOS determined, in consultation with SHPO, that there are no federally- recognized Indian tribes in the District of Columbia, however DOS did invite participation from the Delaware Tribe, which has cultural interests in the area including the APE; and NOW THEREFORE, the Signatories agree that the Undertaking shall be administered in accordance with the following stipulations to take into account the Undertaking’s effect on historic properties. STIPULATIONS DOS shall ensure that the following measures are carried out: I. General Requirements A. Final Submissions. DOS plans to prepare NCPC and CFA final design submissions for their respective approvals. The final approved NCPC and CFA submissions shall be distributed to the Signatories. B. Applicable Codes and Standards. The Undertaking shall be planned, developed, and executed by DOS in consideration of the recommended approaches contained in the Secretary of the Interior’s Standards for the Treatment of Historic Properties (“Secretary’s Treatment Standards”), GSA’s applicable Technical Preservation Guidelines (http://www.gsa.gov/technicalpreservationguidelines), and other prevailing applicable codes. C. Qualifications. DOS shall ensure that all historic preservation and/or archaeological work performed on its behalf pursuant to this MOA shall be accomplished by, or under the direct supervision of a person or persons who meet(s) or exceed(s) the pertinent qualifications in the Secretary’s Professional Standards (Archaeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines [As Amended and Annotated], formerly located at 36 CFR Part 61) in those areas in which the qualifications are applicable for the specific work performed. D. Anti-Deficiency Act. DOS’s obligations under this MOA are subject to availability of appropriated funds, and the stipulations of this MOA are subject to the provisions of the Anti-Deficiency Act. DOS will make reasonable and good faith efforts to secure the necessary funds to implement this MOA in its entirety. If compliance with the Anti-Deficiency Act alters or impairs DOS’s ability to implement the stipulations in this MOA, DOS will consult in accordance with Stipulation IX (Amendments) or X (Termination) of this MOA. II. Archaeological Resources Identification A. The DOS will pursue a phased approach to the identification and evaluation of archeological resources within the project area in consultation with the SHPO. The initial investigations should include a GIS cut-and-fill (elevation change) analysis and geoarchaeological coring. All investigations will follow the Page 3 of 13 Guidelines for Archaeological Investigations in the District of Columbia (1998, as amended), the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation [as amended and annotated], and be conducted under the direct supervision of an archaeologist that meets or exceeds the pertinent qualifications in the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738- 44739). B. All archaeological work, evaluation, and treatment of potentially eligible resources will be determined in consultation with the SHPO and be consistent with: the Secretary of the Interior's Standards for the Treatment of Historic Properties; The Secretary of the Interior's Standards for Archeological Documentation [as amended and annotated]; and the ACHP’s publications, including the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook(1980), Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites (1999), and current Section 106 Archaeology Guidance (at: http://www.achp.gov/archguide/). C. The DOS will permanently curate, or arrange for permanent curation with the SHPO, of the archaeological collections, field records, images, digital data, maps, and related information resulting from investigations for this Undertaking in accordance with 36 CFR 79, Curation of Federally-Owned and Administered Archaeological
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