FINAL Draft (10/22/10) MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY THE LOUISIANA STATE HISTORIC PRESERVATION OFFICER THE ADVISORY COUNCIL ON HISTORIC PRESERVATION AND THE LOUSIANA DEPARTMENT OF EDUCATION THROUGH ITS RECOVERY SCHOOL DISTRICT REGARDING THE PHILLIS WHEATLEY ELEMENTARY SCHOOL 2300 DUMAINE ST., NEW ORLEANS, ORLEANS PARISH ORLEANS PARISH, LA WHEREAS, the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security, pursuant to Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§5121-5206) and implementing regulations in Title 44 of the Code of Federal Regulations (44 CFR Part 206, proposes to provide Public Assistance to the Louisiana Department of Education through its Recovery School District (RSD) through the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) in response to damages caused by Hurricanes Katrina (DR-1603-LA) and Rita (DR-1607-LA) in response to RSD’s proposal to implement the School Facilities Master Plan and demolish and replace the Phillis Wheatley Elementary School, 2300 Dumaine Street, New Orleans, LA (Undertaking); and WHEREAS, FEMA consulted with the Louisiana State Historic Preservation Officer (SHPO) in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. §470f) (NHPA), its implementing regulations (36 CFR Part 800), and the “Programmatic Agreement among FEMA, the Louisiana State Historic Preservation Officer, the Louisiana Governor’s Office of Homeland Security and Emergency Preparedness, the Alabama-Coushatta Tribe of Texas, the Caddo Nation, the Chitimacha Tribe of Louisiana, the Choctaw Nation of Oklahoma, the Coushatta Tribe of Louisiana, the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, the Quapaw Tribe of Oklahoma, the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Tunica-Biloxi Tribe of Louisiana, and the Advisory Council on Historic Preservation” that was executed August 17, 2009 (2009 Statewide PA); and WHEREAS, FEMA determined in Stipulation IX.B of the Secondary Programmatic Agreement among Federal Emergency Management Agency, State of Louisiana Division of Administration Office of Community Development, Louisiana State Historic Preservation Officer, Advisory Council on Historic Preservation, Louisiana Department of Education through its Recovery School District, and Orleans Parish School Board Regarding Implementation of School Facilities Master Plan for Orleans Parish, New Orleans, Louisiana (2PA) to address proposed adverse effects to the Phillis Wheatley Elementary School through the process set out in 36 CFR §800.6; and WHEREAS, FEMA, in consultation with the SHPO, has determined that the Area of Potential Effect (APE) shown in Attachment 1 includes the APE for Standing Structures and the APE for Archaeology; and WHEREAS, FEMA determined that the Phillis Wheatley Elementary School is eligible for inclusion in the National Register of Historic Places (NRHP) under Criteria A and C in a letter dated June 30, 2008 and the SHPO concurred July 21, 2008; and WHEREAS, the Phillis Wheatley Elementary School is located within the boundaries of the Esplanade Ridge National Register Historic District, but it was constructed after the district’s period of significance, 1830 – 1930, and is not a contributing property to the historic district; and WHEREAS, The World Monuments Fund (WMF) listed the Phillis Wheatley Elementary School on their 2010 Watch List as one of 93 cultural heritage sites threatened by neglect, demolition, or disaster; and WHEREAS, The Louisiana Landmarks Society (LLS) listed Phillis Wheatley Elementary School on their 2008 “New Orleans’ Nine most endangered sites”; and. WHEREAS, FEMA, in accordance with Stipulation VII of the 2PA, plotted the latitudes and longitudes of the Wheatley School against the locations of previously recorded archaeological sites. FEMA also examined the 1878 Hardee map, 1883 Robinson map, and Sanborn Fire Insurance maps. In accordance with Stipulation VI.C.(4)d of the 2PA, FEMA performed archaeological investigations within the APE in July, 2010, and determined in the report, Archaeological Investigations at the Phillis J. Wheatley Elementary School, Orleans Parish, Louisiana (Negative Findings)(September 2010), that the archaeological remains of these earlier structures were destroyed during site clearance and construction of the Wheatley School in the 1950s and no measures to address the effects of this Undertaking on archaeological properties other than Discoveries and Unanticipated Effects will be included in this Memorandum of Agreement (MOA); and WHEREAS, FEMA consulted with SHPO in a letter dated June 16, 2009 and SHPO concurred, in a letter dated June 18, 2009, with FEMA’s determination that the demolition of the Phillis Wheatley Elementary School will adversely affect historic properties; and WHEREAS, in accordance with Stipulation VIII.A of the 2009 Statewide PA and 36 CFR §800.6(a)(1), FEMA notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination in a letter dated June 16, 2009 and the ACHP determined in a letter to FEMA dated June 30, 2009, that it will participate in the consultation to develop an MOA to avoid, minimize, and mitigate the adverse effects of this Undertaking; and WHEREAS, FEMA notified the Alabama Coushatta Tribe of Texas, Chitimacha Tribe of Louisiana, Choctaw Nation of Oklahoma, Coushatta Tribe of Louisiana, Jena Band of Choctaw Indians, Mississippi Band of Choctaw Indians, Quapaw Tribe of Oklahoma, Seminole Nation of Oklahoma, Seminole Tribe of Florida, and Tunica Biloxi Tribe of Louisiana (collectively referenced as “Tribes”) and provided information regarding identified historic properties in the APE, information regarding the history and topography of the APE, and afforded the Tribes an opportunity to participate in the consultation; and WHEREAS, FEMA notified GOHSEP, the City of New Orleans Historic District Landmarks Commission; the National Trust for Historic Preservation (NTHP); the Preservation Resource Center (PRC); LLS; the Louisiana Chapter of Documentation and Conservation of Building Sites and Neighborhoods of the Modern Movement US (DOCOMOMO/NOLA); and American Institute of Architects - New Orleans (AIA New Orleans); about the Undertaking and the opportunity to participate in this consultation; and WHEREAS, FEMA held a public meeting on September 22, 2009 to provide an opportunity for the public to comment on the Undertaking; to describe the Section 106 review process and explain the opportunities to become involved in the Section 106 review; and to notify the public of the opportunity to provide comments on the Department of Culture Recreation, and Tourism (CRT) website; and WHEREAS, FEMA provided information to websites maintained by the NTHP, PRC, and the City of New Orleans regarding the opportunity for the public to comment on the CRT website or mail comments to FEMA; 54 comments were posted on the website and reviewed by FEMA; 51 comments received advocated for the preservation of the school and 3 comments supported the demolition of the facility; and WHEREAS, a petition circulated between September 26 – 28, 2009 was signed by over 250 persons who stated that they resided, worshiped, worked, and/or owned property in the Tremé and Lafitte neighborhoods and support the proposal of RSD to demolish the existing Wheatley School and to replace it with a new school built on the same 21st Century standards applied to other new schools in the region; and WHEREAS, FEMA; SHPO; ACHP, RSD; GOHSEP; PRC; DOCOMOMO/NOLA; DOCOMOMO/US; AIA New Orleans; NTHP; WMF; Providence Community Housing; Micah Project; Lagniappe Academies; Ms. Stella Reese; Mr. Ken Ducote; and Ms. Alena Boucree constitute the Consulting Parties referenced in this MOA; and WHEREAS, as a part of the consultation to develop this MOA, the Consulting Parties identified and considered three alternatives to avoid or minimize the effect of the proposed demolition: Alternative #1: adaptive reuse of the Main Classroom Building as part of a 21st Century school conforming to the Education Specifications and Performance Standards; Alternative #2: the construction or rehabilitation of a Pre-K through eighth grade school in the Tremé and Lafitte neighborhoods at a different location; and Alternative #3: the relocation of all or a portion of the Wheatley Main Classroom Building; and WHEREAS, FEMA, SHPO, and ACHP are the Signatories to the MOA as defined in 36 CFR §800.6(c)(1); and WHEREAS, FEMA consulted with GOHSEP, the Grantee and RSD, the Subgrantee, and in recognition that GOHSEP and RSD will assume responsibilities to perform various actions described by this MOA, FEMA has invited GOHSEP and RSD to participate in this consultation and execute this MOA as Invited Signatories as defined in 36 CFR §800.6(c)(2); and WHEREAS, PRC; DOCOMOMO/NOLA; DOCOMOMO/US; AIA New Orleans; NTHP, WMF; Providence Community Housing; Micah Project; Lagniappe Academies; Ms. Stella Reese; Mr. Ken Ducote; and Ms. Alena Boucree have requested Consulting Party status and have been invited by FEMA to participate in this consultation and sign this MOA as a Concurring Party as defined in 36 CFR §800.6(c)(3); and NOW THEREFORE, FEMA, SHPO, ACHP, RSD, GOHSEP, PRC, DOCOMOMO/NOLA, DOCOMOMO/US, AIA New Orleans, WMF, Providence Community Housing; Micah Project, Lagniappe Academies, Ms. Stella Reese; Mr. Ken Ducote; and Ms. Alena Boucree agree that the Undertaking will be implemented in accordance with the following Stipulations to take into account the effects of the Undertaking on historic properties and to satisfy FEMA’s Section 106 responsibilities for the Undertaking. STIPULATIONS To the extent of its legal authority and in coordination with the SHPO, ACHP, RSD, GOHSEP, PRC, DOCOMOMO/NOLA, DOCOMOMO/US, AIA New Orleans, WMF, Providence Community Housing; Micah Project, Lagniappe Academies, Ms. Stella Reese; Mr. Ken Ducote; and Ms. Alena Boucree, FEMA will require that the following measures are implemented: I. GENERAL PROVISIONS A. A Consulting Party will be recognized by FEMA as a Signatory, Invited Signatory, or a Concurring Party starting on the date the Consulting Party signs this MOA as a Signatory, Invited Signatory, or Concurring Party and provides FEMA with a record of this signature. B. FEMA will provide all Concurring Parties with the opportunity to review and comment on various documents and reports under the terms of the MOA. Determinations or Reviews that have been completed by FEMA under the terms of this MOA prior to the signature of a Concurring Party will not be reconsidered because the Concurring Party did not have the opportunity to review and comment. C. The Signatories, Invited Signatories, and Concurring Parties may send and accept official notices, comments, requests for further information and documentation, and other communications required by this MOA by e-mail. If the size of an e-mail message is unusually large or an e-mail is returned to a Sender because its size prevents delivery, the Sender will contact the recipient(s) and determine alternative methods to deliver the message or its attachments. D. Time sensitive information that is not sent by e-mail should be sent by overnight mail, or courier, or be hand-delivered and the time frame for its review will be measured by the date the delivery is signed for by the individual recipient or the agency or organization representing the Signatory, Invited Signatory, or Concurring Party. E. All references to time periods in this MOA are in calendar days. If a review period included in this MOA ends on a Saturday, Sunday, or Federal holiday, the review period will be extended until the first business day following the Saturday, Sunday, or Federal holiday. Any electronic communication forwarding plans or other documents for review under the terms of the MOA that is sent after 4:00 pm Central Time will be deemed to have been received by the reviewing party on the next day. E-mail comments by Signatories, Invited Signatories or Concurring Parties on any plans or documents submitted for review under this MOA are timely if they are received at any time on the last day of a review period. Responses sent by mail will be accepted as timely if they are postmarked by the last day allowed for the review. F. The failure of any Signatory, Invited Signatory, or Concurring Party to comment during the time frames set out in this MOA will be treated by FEMA as concurrence, and FEMA may proceed to the next step without taking additional steps to seek comments from that party. G. It is the responsibility of each Signatory, Invited Signatory, and Concurring Party to immediately inform FEMA of any changes in the name, address, e-mail address or phone number of the point-of-contact for the Signatory, Invited Signatory, or Concurring Party. FEMA will forward this information to the Signatories, Invited Signatories, and Concurring Parties by e-mail. The failure by any party to this MOA to notify FEMA of changes to their point-of-contact’s information shall not be grounds for asserting that notice of a proposed action was not received. II. CONSIDERATION OF FEASIBLE ALTERNAIVES TO DEMOLITION A. Alternatives 1 and 2: The Adaptive Reuse of the Existing Facility and the Identification of an Alternative Location for a Pre-K through 8th Grade School: FEMA, in consultation with the Consulting Parties, reviewed RSD’s assessment of the feasibility of implementing Alternatives 1 and 2 and FEMA has determined that RSD made a reasonable and good faith effort to: develop information analyzing each Alternative; provide opportunities for the public and the Consulting Parties to express opinions about Alternatives 1 and 2; and to explain to FEMA and the Consulting Parties why RSD does not consider these alternatives to be feasible. FEMA will not require further analysis by RSD to consider these two alternatives. B. Alternative 3: Relocation of the Wheatley Main Classroom Building: FEMA, in consultation with the Consulting Parties, identified a third Alternative to minimize the adverse effect to the Wheatley Main Classroom Building. The analysis to determine if this Alternative is feasible has been developed in consultation with the Consulting Parties and will continue after the MOA has been executed as described in following marketing plan: 1. RSD issued a Solicitation of Interest the week of September 27 – October 1, 2010 to determine if there is serious interest in this Alternative.   The Solicitation of Intent was distributed by RSD to the parties and outlets listed in Attachment 5. 2. The Solicitation of Interest describes the process to respond to the Solicitation and provides interested parties at least 30 days to submit a Letter of Interest to RSD that outlines the interested party’s proposed plans to relocate the building in whole or in part to another site.  The Solicitation of Interest is in Attachment 6. 3. RSD will review all Letters of Interest, if any, and will notify FEMA in writing of the results of the Solicitation of Interest within 7-days following the closure of the time frame to respond to the Solicitation. If RSD receives any responsive Letters of Interest it will initiate steps to transfer the building components, either by a public bid process or some other legally appropriate means for such a transfer.  RSD is not required to further explore this Alternative if no Letters of Interest are received. III. RECORDATION A. FEMA will complete the photo-recordation described in this Stipulation prior to the transfer, deconstruction, or demolition of the Phillis Wheatley Elementary School. The photographic recordation will be performed by or under the direct supervision of an individual who meets the Secretary of the Interior’s Professional Qualification Standards set out at 48 FR 44716, September 29, 1983, for History, Architectural History, Architecture, or Historic Architecture. B. Prior to the photographic recordation and development of the narrative history FEMA will provide SHPO with the résumé(s) of the individual or individuals that will perform or supervise the performance of the photographic recordation and the narrative history. If SHPO advises FEMA that the individuals selected to perform the photographic recordation and narrative history do not meet the Secretary of the Interior’s Professional Qualification Standards, FEMA will take steps to ensure that qualified professionals complete the photography and narrative history. If SHPO does not provide comments to FEMA on the qualifications within 10-days following FEMA’s e-mail forwarding the resumes and any additional background information, FEMA may complete the recordation and the narrative history required by this Stipulation. C. FEMA will ensure The Phillis Wheatley Elementary School will be recorded to Historic American Buildings Survey (HABS) standards and, if feasible, archived with the Library of Congress. FEMA and SHPO will coordinate with HABS to determine the level and kind of HABS recordation and the appropriate archives for the recordation materials. FEMA may request assistance from ACHP to facilitate coordination with HABS. D. FEMA will ensure that Large Format Photographs (see National Park Service Guidelines for Architecture and Engineering Documentation, Federal Register/Vol. 68, no. 139/Monday, July 21, 2003) of the Phillis Wheatley School will be taken. A list of photographs is included in attachment 4. E. FEMA will require that archival photographic prints will be made of the original presentation drawings of the Wheatley School including the Main Classroom Building and the Administration Building/Cafeteria. The Consulting Parties have determined that the following existing presentation drawings produced by or for Charles Colbert’s Office fulfill the requirements of this Stipulation: 1. Aerial View – dated 4·3·54 2. Tentative Framing Plans and Cross Section – dated 8·March·54 3. Section A, Typical Plan – Grades One Through Six – undated 4. Ground Floor – dated 4·3·54 5. Kindergarten – Section A and Plan – dated 4·3·54 6. Lighting Plan – dated 3·24·54 7. Longitudinal Section; Transverse Section; Elevations: N. Miro Street; St. Ann Street; N. Tonti Street; and Dumaine Street – dated 4·3·54 8. Sun Angles – undated 9. Longitudinal Section; Transverse Section; Wall Section – All Classrooms; Wall Section – One Story Building – dated 4·3·54 F. FEMA will require that archival photographic prints will be made of the plans developed by Holly & Smith for the Adaptive Reuse Alternative described in Stipulation II.A. G. The recordation will include a narrative history of the Phillis Wheatley Elementary School. This history will include the types of information required in Historic American Building Survey (HABS) Historical Reports: Short form. The narrative history will be prepared by or under the direct supervision of an individual who meets the Secretary of the Interior’s Professional Qualification Standards set out at 48 FR 44716, September 29, 1983, for History, Architectural History, or Historic Architecture. H. FEMA shall prepare and forward two (2) archival copies of the recordation materials including copies of the large format photographs, the original presentation drawings, and the Holly & Smith plans developed for the Adaptive Reuse Alternative described in Stipulation II.A. to SHPO, and SHPO will forward one (1) copy to the State Library and one (1) copy to the State Archives. If HABS determines to accept the recordation materials or some portion of the recordation materials, FEMA shall submit an archival copy of the selected materials to the Library of Congress. In addition, FEMA will submit one (1) archival copy of the recordation materials to the University of New Orleans (UNO), Orleans Earl K. Long Library, and Louisiana Special Collections in New Orleans, LA. FEMA will include copies of materials developed during the Section 106 consultation to develop this MOA with the recordation materials provided to UNO. These additional materials will include the Holly & Smith Adaptive Reuse Feasibility Study, recordings of the Section 106 consultation meetings, comment logs, and Section 106 consultation meeting minutes. IV. EDUCATIONAL MATERIALS A. FEMA will ensure educational materials regarding the Phillis Wheatley School are developed and made available to RSD. RSD shall make the educational materials available for public distribution. The purpose of the educational materials is to document the architectural significance of the Phillis Wheatley School and the context of the 1950s Orleans Parish School Board Master Plan. B. FEMA will invite the Signatories, Invited Signatories, and Concurring Parties to participate in a Working Group to develop the educational materials, which may include but are not limited to: i. Printed materials (e.g. brochure, pamphlet, etc.) ii. Interpretive display iii. Educational module C. The first meeting of the Working Group will be held before February 15, 2011. The purpose of the meeting is to help FEMA determine the best format for the educational materials, the content of such materials, and to assess the public benefit of all proposed materials. D. FEMA will determine if it is feasible to work with Southeastern Louisiana University to prepare a scale model of the Phillis Wheatley School for display at the new school to be constructed on the site of the Wheatley School or some other suitable location as a part of this Stipulation. E. RSD will develop, fabricate, and install an interpretive exhibit describing the history of the Orleans Parish School Board’s schools constructed in the 1950s at the George Washington Carver Campus, 3059 Higgins Blvd., New Orleans. The initial Scope of Work (SOW) for the interpretive exhibit at the new Carver school was described in FEMA’s letter to SHPO dated April 7, 2010 regarding the proposed demolition of the Carver Campus. F. RSD will expand the SOW for the Carver School display to include information on the 1950s school master plan and the architectural significance of other Orleans Parish School Board’s schools constructed in the 1950s in addition to the Carver School, in particular, the Phillis Wheatley Elementary School. G. FEMA, in cooperation with RSD, will invite the Signatories, Invited Signatories, and Concurring Parties to participate in a Working Group to develop the interpretive display at Carver School. FEMA will forward information regarding RSD’s proposed design and content of the interpretive display to the Signatories, Invited Signatories, and Concurring Parties and provide them with a 15-day period to review and comment on the design and content. FEMA will work with RSD to address the comments and finalize the design of the display. RSD will be responsible for executing the final design and content for the interpretive display. The agreed upon interpretive display will be installed by RSD by December 31, 2013. If RSD determines to host a public event to unveil or dedicate the interpretive display, it will invite the Signatories, Invited Signatories, and Concurring Parties by e-mail to attend. V. DESIGN REVIEW PROCESS RSD will develop a design for the new Education Specification and Performance Standards compliant school on the Wheatley School site that will not cause adverse effects to the Esplanade Ridge National Register Historic District.  A. B. FEMA requested, during both the September 20 and October 05, 2010 consultation meetings that Consulting Parties inform FEMA if they have an interest in participating in the design review process set out in this MOA. In addition, this FEMA request is documented in the meeting minutes. FEMA received no expressions of interest from Consulting Parties and has determined that the Design Review Process will follow the procedures outlined in Stipulation VIII.B of the 2PA and reiterated in Stipulation V.C and V.D. below. C. FEMA, will informally consult with SHPO and RSD early in the planning process for new construction that may affect the Esplanade Ridge Historic District to identify measures that can be incorporated into the exterior design of any new construction to avoid or minimize adverse effects to historic properties, including archaeological properties. FEMA will provide RSD with a written description of these recommendations. D. RSD will address the recommendations identified by FEMA in consultation with SHPO during the development of the schematic designs for the new construction. RSD will provide FEMA with two (2) copies of the schematic designs for the site plan and the exterior elevations, and the FEMA will assess the potential effects of the schematic designs on the Esplanade Ridge Historic District and determine if review of the undertaking will be completed following the process outlined in Stipulation VIII.C or Stipulation IX. of the 2PA. E. RSD has agreed to add the consulting parties to their e-mail blasts for the Wheatley School site. The e-mails will include the time and location of RSD’s public meetings to discuss the design of the new school on the Wheatley School site. RSD will send e-mail blasts regarding public meetings and other opportunities to comment on the design of the new school as soon as this information is publically available, and at least 7-days prior to a meeting. VI. DISCOVERIES AND UNFORESEEN EFFECTS A. If, in the course of the Undertaking, archaeological deposits are uncovered or unforeseen effects occur, RSD shall ensure that its contractor immediately stops work in the general vicinity of the discovery or unforeseen effect and take all reasonable measures to avoid or minimize harm to the finds and/or to avoid or minimize further unforeseen effects. RSD shall ensure that the archaeological findings are secured and access to the area of the discovery is restricted. B. RSD will notify FEMA and GOHSEP of discoveries or unforeseen effects as soon as practicable. FEMA will notify and consult with the SHPO and others, as appropriate, to determine if further steps to evaluate the National Register eligibility and treatment of the discovery or unforeseen effect is necessary. FEMA may, in consultation with the SHPO, assume that a newly discovered property is eligible for the National Register for purposes of this MOA. FEMA and the SHPO and others, as appropriate, will conclude this consultation if the discovery does not contain human remains and FEMA and the SHPO and others, as appropriate, determine that the discovery is not eligible for the National Register or FEMA and the SHPO and others, as appropriate, determine that the unforeseen effect will not adversely affect a historic property, and FEMA will notify RSD that work may be resumed in the area of the discovery or unforeseen effect. C. If FEMA and the SHPO and others, as appropriate, determine that further steps are necessary to evaluate or treat the unforeseen effect or the newly discovered property and it does not contain human remains, FEMA shall work with SHPO, RSD, GOHSEP, and others, as appropriate, to agree on timeframes and determine ways to avoid, minimize, or mitigate any adverse effects. Any party to this consultation may request an on-site meeting to review the situation. Following completion of all analyses and the acceptance of the report, all artifacts, records, photographs, and field notes will be curated with: State of Louisiana, Department of Culture, Recreation and Tourism – Division of Archaeology, P.O. Box 44247, Baton Rouge, LA 70804 [(225) 342-8170] in the curation facility at: Galvez Building, Room B-023, 602 N.  Fifth St., Baton Rouge, LA 70802 [(225) 342-4475]. D. If human skeletal remains are uncovered during the Undertaking, RSD shall immediately notify GOHSEP, FEMA, the New Orleans Police Department, and the Orleans Parish Coroner’s Office. The local law enforcement officials shall assess the nature and age of the human skeletal remains. RSD 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 of CRT or the Secretary’s designee by contacting the Louisiana Division of Archeology at 225-342-8170 within seventy-two (72) hours of the discovery. If the coroner determines that the human skeletal remains are older than 50 years of age, the Secretary, CRT has jurisdiction over the remains. FEMA shall work with the SHPO, Tribes, if appropriate, the Louisiana Division of Archeology, RSD, and GOHSEP to ensure compliance with this State law, other applicable laws, and this MOA. In addition, FEMA shall require that the guidelines contained in the ACHP’s 2007 “Policy Statement Regarding Burial Sites, Human Remains, and Funerary Objects” are followed. VII. ANTICIPATORY DEMOLITION FEMA will not grant assistance to RSD should it, with intent to avoid the requirements of this MOA or Section 106 of the NHPA, significantly adversely affect a historic property to which the assistance would relate, or having legal power to prevent it, allow such significant adverse effect to occur. After consultation with SHPO and ACHP, FEMA may determine that circumstances justify granting such assistance despite an adverse effect created or permitted by RSD, and will complete consultation pursuant to 36 CFR §800.9(c). VIII. DISPUTE RESOLUTION A. FEMA shall notify RSD and GOHSEP and consult further with the objecting party, RSD, and GOHSEP to seek resolution, should any Signatory, Invited Signatory, or Concurring Party object to FEMA within the timeframes provided by this MOA to any plans, specifications, or actions provided for review under Stipulations III to VI. B. If FEMA determines that the dispute cannot be resolved, FEMA shall forward FEMA’s proposed resolution of the dispute and all relevant documentation to the ACHP. Within 14-days after receipt of the documentation, the ACHP will: 1. Advise FEMA that it concurs with FEMA’s resolution of the dispute; or 2. Provide FEMA with recommendations, which FEMA shall take into account in reaching a final decision regarding the dispute; or 3. Notify FEMA that it shall comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any comment provided shall be taken into account by FEMA in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute. C. If the ACHP does not provide FEMA with comments or recommendations within 14-days, FEMA 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 FEMA’s responsibilities to fulfill all actions that are not subject of the dispute shall remain unchanged. E. Any dispute regarding National Register eligibility that is not resolved pursuant to this Stipulation will be resolved in accordance with 36 CFR §800.4(c)(2). IX. PUBLIC OBJECTIONS A. Should a member of the public object in writing to FEMA regarding the implementation of this MOA or a historic preservation issue, at any time during implementation of Stipulations III to VI in this MOA, FEMA shall notify the RSD, GOHSEP, and SHPO of the objection, and consult with the objecting party, SHPO, RSD, and GOHSEP to resolve the objection. RSD is not required to cease work on activities unrelated to the objection while the objection is being reviewed and resolved. B. If FEMA determines that the objection cannot be resolved within a reasonable time frame, as determined by FEMA, FEMA will seek guidance from the ACHP to resolve the objection. FEMA will forward all documentation relevant to the dispute, including FEMA’s proposed resolution to the objection, and request the recommendations of the ACHP. C. The ACHP may advise FEMA that it concurs with FEMA’s resolution of the objection or provide FEMA with recommendations, which FEMA shall take into account in reaching a final decision regarding the dispute. Any recommendation provided by ACHP shall be understood to pertain only to the subject of the dispute, and FEMA’s responsibilities to fulfill all actions that are not subject of the dispute shall remain unchanged. If the ACHP does not respond to FEMA’s request within 14-days, FEMA may assume that the ACHP does not object to its proposed resolution to the objection and it shall proceed accordingly. X. AMENDMENTS, TERMINATION, AND NONCOMPLIANCE A. RSD will immediately notify FEMA and GOHSEP in writing of this determination if RSD determines it is not feasible to complete the Undertaking or fulfill the requirements of this MOA or if RSD needs more time to fulfill the requirements. This notice may be provided by e-mail as provided in Stipulation I.D. Within 21-days of receiving this notice, FEMA will meet with the Signatories, Invited Signatories, and Concurring Parties, in person or by telephone, to determine if the MOA must be amended or terminated, and proceed accordingly. B. Any Signatory or Invited Signatory may request in writing that this MOA be amended or terminated. Within 21-days of such a request, FEMA will convene a meeting of the Signatories, Invited Signatories, and Concurring Parties to consider this request. The Parties will make a good faith effort to amend the MOA prior any Party taking steps to terminate it. The MOA may be amended upon the written agreement of the Signatories and Invited Signatories, and the process will comply with 36 CFR §800.6(c)(7). C. If the MOA is not amended, a Signatory or Invited Signatory may terminate the MOA by providing a 30-day written notice to the other Signatories, Invited Signatories, and Concurring Parties. The Signatories, Invited Signatories, and Concurring Parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this 30-day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited Signatories, and Concurring Parties in writing of termination. Termination of the MOA will require FEMA to comply with the Statewide Programmatic Agreement in effect on the date of the termination. This MOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA. XI. DURATION Unless amended or terminated in accordance with Stipulation X: Amendments, Termination, and Noncompliance, this MOA will remain in effect through August 31, 2014 or until FEMA determines that it has been satisfactorily fulfilled.  RSD will notify GOHSEP and FEMA when the Undertaking is completed, and FEMA will notify the Signatories, Invited Signatories, and Concurring Parties by e-mail when it determines that the requirements of the MOA are met. XII. EFFECTIVE DATE AND IMPLEMENTATION OF MOA This MOA shall become effective immediately upon its signature by the Signatories and Invited Signatories. FEMA shall provide each Signatory, Invited Signatory, and Concurring Party with a complete copy of the MOA including all executed signature pages. EXECUTION AND IMPLEMENTATION of this Memorandum of Agreement evidences that FEMA has afforded ACHP a reasonable opportunity to comment on the proposed Undertaking to demolish the Phillis Wheatley Elementary School and its effects on historic properties, that FEMA has taken into account the effects of the undertaking on historic properties, and that FEMA has satisfied its responsibilities under Section 106 of the National Historic Preservation Act and its implementing regulations. SIGNATORY PARTIES: FEDERAL EMERGENCY MANAGEMENT AGENCY ____________________________________ Date: __________________ Katherine Zeringue Environmental Liaison Officer Louisiana Transitional Recovery Office LOUISIANA STATE HISTORIC PRESERVATION OFFICER ____________________________________ Date:__________________ Phil Boggan Deputy State Historic Preservation Officer ADVISORY COUNCIL ON HISTORIC PRESERVATION ____________________________________ Date:__________________ John M. Fowler Executive Director INVITED SIGNATORY LOUISIANA DEPARTMENT OF EDUCATION, through its RECOVERY SCHOOL DISTRICT ____________________________________ Date: __________________ Paul G. Pastorek State Superintendent of Education GOVERNOR'S OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPAREDNESS ____________________________________ Date:__________________ Mark DeBosier Assistant Deputy Director Governor’s Office of Homeland Security and Emergency Preparedness CONCURRING PARTIES: PRESERVATION RESOURCE CENTER ____________________________________ Date: ____________________ WORLD MONUMENTS FUND ___________________________________ Date: ____________________ DOCOMOMO/US __________________________________ Date: ____________________ DOCOMOMO/NOLA ____________________________________ Date: ____________________ AIA NEW ORLEANS ____________________________________ Date: ____________________ NATIONAL TRUST FOR HISTORIC PRESERVATION ____________________________________ Date: ____________________ PROVIDENCE COMMUNITY HOUSING ___________________________________ Date: ____________________ LOUISIANA LANDMARKS SOCIETY ___________________________________ Date: ____________________ MICAH PROJECT ___________________________________ Date: ____________________ LAGNIAPPE ACADEMIES ___________________________________ Date: ____________________ MS. STELLA REESE ___________________________________ Date: ____________________ MR. KENNETH J. DUCOTE, Ph. D., AICP ___________________________________ Date: ____________________ MS. ALENA BOUCREE ___________________________________ Date: ____________________ ATTACHMENT 1: AREA OF POTENTIAL EFFECT 2007 Aerial view of Wheatley Campus, 2300 Dumaine Street, New Orleans, Louisiana Yellow Box: APE for Standing Structures Red Box: APE for Archaeology ATTACHMENT 2: RSD’s Brief on Adaptive Reuse or New Construction ATTACHMENT 3: RSD’s Consideration of Alternative Sites with RSD or OPSB Control and Wheatley Relocation and Alternate Site Consideration ATTACHMENT 4: List of photographs Prior to implementing the Undertaking, the Phillis Wheatley Elementary School will be photographed. The photographs will comply with Historic Architecture Buildings Survey (HABS) recordation, to include large-format photographs produced as contact prints from 4x5 and/or 5x7 black-and-white negatives. The formats will allow maximum enlargement with minimal loss of detail and clarity, and the black-and-white processing allows for archival stability. The photographs at a minimum shall include the 29 photographs listed below. EXTERIOR: Elevated Classroom Building 1. View of Northeast elevation 2. View of Northeast elevation (with scale device) 3. Oblique view taken from the Northwest corner 4. Oblique view taken from the Southeast corner 5. Oblique view taken of West elevation (to mimic historic photographs) 6. Detail of stairway 7. View of trusses to capture the repetition 8. Detail of truss configuration 9. Detail of window wall 10. View of concrete piers to capture the repetition 11. View of exterior second floor walkway 12. View of restrooms to include the context of their location 13. View of covered play space (to include tiled numbers on the ground level) One story Cafeteria/Auditorium Building 14. View of Northeast elevation 15. Oblique view taken from the Northwest corner 16. Oblique view taken from the Southeast corner Playground Equipment 17. Overall view of the playground equipment 18. Detail of slide to include the logo on the stairs Context 19. View of the Campus to include both the Elevated Classroom Building and the Cafeteria/Auditorium 20. View of some surrounding houses to include the Elevated Classroom Building INTERIOR: Elevated Classroom Building 21. View of typical classroom from doorway 22. View of typical classroom from window wall 23. Detail of classroom cabinets to include decorative circular holes, sink and hardware 24. Detail of corkboard and chalkboard to include hardware 25. Detail of coat rack/shelf in a classroom 26. View of interior restroom to include sinks and glazed block wall One Story Cafeteria/Auditorium 27. View of Cafeteria/Auditorium room (to include former stage area and skylights) 28. Detail of hourglass shaped light fixture Phillis Wheatley Elementary School 1 of 22 Final Draft MOA10/22/2010