This policy makes available a sample executed Programmatic Agreement (Agreement) to accomplish FEMA's Section 106 requirements under the National Historic Preservation Act of 1966, as amended (NHPA). The Agreement is intended for Federal Emergency Management Agency (FEMA) personnel in coordinating historic review for FEMA undertakings using Public Assistance [as well as other FEMA] grant funds.
Date Signed: May 29, 2002
Readiness, Response and Recovery Directorate: 9560.3
Title: Programmatic Agreement - Historic Review
Purpose: This policy makes available a sample executed Programmatic Agreement (Agreement) to accomplish FEMA's Section 106 requirements under the National Historic Preservation Act of 1966, as amended (NHPA).
Scope and Audience: The Agreement is intended for Federal Emergency Management Agency (FEMA) personnel in coordinating historic review for FEMA undertakings using Public Assistance [as well as other FEMA] grant funds.
Section 106 of NHPA requires all Federal agencies to review the effect of an agency undertaking on historic properties prior to funding the project, activity, or program. 36 CFR 800.16(l)(1) defines historic properties as "any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria."
FEMA develops Agreements with States and Tribal governments as an alternative to Section 106 compliance (36 CFR 800.14(b)), in order to simplify and expedite coordination and to provide specific guidance to consulting parties in the historic review process. Agreements also exempt routine disaster recovery activities with little potential of adversely affecting historic properties from the review mandated by Section 106 of NHPA.
The Advisory Council on Historic Preservation published new regulations, 36 CFR Part 800 (effective January 11, 2001), which guide Section 106 compliance.
FEMA regional personnel should follow the standard Section 106 review procedures outlined in 36 CFR Part 800 for undertakings in States or on Tribal lands for which an Agreement is not executed or applicable.
FEMA regional personnel should utilize this Agreement as a sample in the development of separate Programmatic Agreements for each State or Tribal government. The signatories may execute the Agreement either prior to or immediately following a declared disaster to facilitate an immediate exchange of information about historic properties in the disaster area. The four required signatories are:
the Advisory Council on Historic Preservation;
the State Emergency Management Agency; and,
the State/Tribal Historic Preservation Office.
The Agreement is in effect immediately after all signatories have signed the document and will continue to be in effect for the period of time specified in the Agreement. If a disaster occurs near the end of the specified period, the Programmatic Agreement will remain in effect until the close of that disaster.
FEMA Regional Environmental Officers should work with Headquarters Historic Preservation Program personnel to initiate, negotiate and execute a Programmatic Agreement with the involved parties.
Supersession: This policy replaces RR# 9560.3, Model Programmatic Agreement - Historic Review, issued August 17, 1999.
Authorities: National Historic Preservation Act of 1966, as amended; 36 CFR 800.
References: RR #9570.9, Historic Review Standard Operating Procedures, issued September 2001.
Originating Office: Recovery Division, Readiness, Response and Recovery Directorate.
Review Date: Five years from date of publication.
Kenneth S. Kasprisin
Readiness, Response and Recovery Directorate
Distribution: Regional Directors, Regional and Headquarters RRR Division Directors
SAMPLE EXECUTED PROGRAMMATIC AGREEMENT (PDF 67KB)