Programmatic Allowances. 1. If FEMA determines an Undertaking conforms to one or more allowances in Appendix B of this Agreement, FEMA shall complete the Section 106 review process by documenting this determination in the project file, without SHPO review or notification.
Programmatic Allowances. This list of allowances enumerates FEMA funded activities that based on FEMA experience have no or limited effect on historic properties if implemented as specified in this Appendix and will not require review by the SHPO. The allowances consist of two tiers – First Tier and Second Tier. Staff may apply First Tier allowances without meeting any professional historic preservation qualification standards, while only staff meeting the applicable SOI Professional Qualifications Standards may apply Second Tier allowances. When referenced in the allowances, “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. The in-kind repair provided for in both First and Second Tier allowances in Appendix B should be limited to pre-existing architectural features and physical components of buildings and structures. The phrase “previously disturbed soils” typically refers to soils that are not likely to possess intact and distinct soil horizons and have the reduced likelihood of possessing archaeological artifacts, and features within their original depositional contexts. For the purpose of applying these allowances, “previously disturbed soils” will show obvious evidence of extensive ground disturbance, such as previous construction activities, utilities burials, road, or ditch construction, or the presence of artificial fill that extends below the depth of ground disturbance for the project under consideration. Based on this description, agricultural fields are not considered previously- disturbed areas. Any substantial workspaces, access routes, or staging areas for these activities should be placed in previously disturbed or archaeologically surveyed areas, or protective mats or other measures should be used where appropriate to minimize ground disturbance.
Programmatic Allowances. This list of Allowances enumerates FEMA funded activities that based on FEMA experience have no or limited effect on historic properties if implemented as specified in this Appendix and will not require review by the SHPO and participating Tribe(s). The allowances consist of two tiers – First Tier and Second Tier. Staff may apply First Tier allowances without meeting any professional historic preservation qualification standards, while only staff meeting the applicable SOI Professional Qualifications Standards in accordance with Stipulation I.B(1)(a) of this Agreement may apply Second Tier allowances. When referenced in the allowances, “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. The in-kind repair provided for in both First and Second Tier allowances in Appendix B should be limited to pre-existing architectural features and physical components of buildings and structures. When referenced in the allowances, “previously disturbed soils” shall refer to soils that are not likely to possess intact and distinct soil horizons and have the reduced likelihood of possessing historic properties within their original depositional contexts in the area and depth to be excavated.
Programmatic Allowances. 1. If USACE determines an Undertaking conforms to one or more allowances in Appendix D of this Agreement, USACE shall complete the Section 106 review process by documenting this determination in the project file, without SHPO or Federally-recognized Tribal review or notification, excepting in the annual report.
Programmatic Allowances. This list of Programmatic Allowances (Allowances) contains types of undertakings (projects) that have been determined to have low potential to affect historic properties if implemented as specified in this Appendix pursuant to Stipulation V.A Streamlined Project Review. These projects will not require further Section 106 review or consultation. The Allowances consist of two tiers – Tier 1 and Tier 2. Review and processing of the undertakings will be performed by a DOT&PF Professionally Qualified Individual (PQI). For new projects, if the PQI determines that any portion of a project’s scope of work does not conform to either the Tier 1 or Tier 2 lists, the DOT&PF shall conduct delegated Section 106 review for the entire undertaking in accordance with 36 CFR 800.3-800.6, pursuant to Appendix D Delegated Section 106 Process. For project updates, Programmatic Allowances may apply when the PQI determines that all of the new proposed work falls within the Tier 1 and 2 parameters, including all required conditions. When referenced in the Allowances: • “previously disturbed” refers to soils where previous work or activities have reduced the likelihood of possessing historic properties within their original depositional contexts. Intact subsurface soils may exist below and adjacent to the disturbed soils and any proposed work or activities must consider the depth at which the intact soils could be encountered. • “ground disturbance” refers to any work or activity that results in a disturbance of the soil (including planting, excavating, digging, trenching, plowing, drilling, tunneling, auguring, backfilling, blasting, topsoil stripping, land leveling, peat removing, quarrying, and clearing and grading). • “new ground disturbance” refers to any ground disturbance in previously undisturbed soils. Review and Processing Documentation: The DOT&PF PQI shall verify: • that the project activities are listed as Tier 1 Allowances or Tier 2 Allowances; and • if the project is subject to and meets conditions noted specifically for ° any allowances; and ° if applicable, all Tier 2 General Conditions; and ° if applicable, Historic Roads Analysis for specific Tier 2 allowances. Tier 1 reviews can be conducted by any PQI. When the PQI responsible for the review of a Tier 2 undertaking requires cultural resource expertise outside of his/her area of specialty, the PQI will consult with another PQI having that area of expertise, and/or request the assistance of the SHPO cultural reso...
Programmatic Allowances. This list of Allowances enumerates FEMA funded activities that based on FEMA experience have no effect or limited effect on historic properties if implemented as specified in this Appendix and will not require review by the SHPO and Participating Tribe(s) pursuant to Stipulation II.A.1, Programmatic Allowances. The allowances consist of two tiers – Tier I and Tier II. Staff may apply Tier I allowances without meeting any professional historic preservation qualification standards, while only staff meeting the applicable Secretary’s Professional Qualifications Standards in accordance with Stipulation I.B.1.a of this Agreement may apply Tier II allowances. When referenced in the allowances, “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. The in-kind repair provided for in both Tiers I and Tier II allowances in Appendix B should be limited to pre-existing architectural features and physical components of buildings and structures and in general should not be utilized when a building or structure has been substantially altered. When referenced in the allowances, “previously disturbed soils” will refer to soils that are not likely to possess intact and distinct soil horizons and have the reduced likelihood of possessing archaeological artifacts, features, and phenomena within their original depositional contexts. Tier I Allowances
Programmatic Allowances c. If FEMA determines that the emergency Undertaking would adversely affect a historic property during this expedited review period:
Programmatic Allowances. This list of Programmatic Allowances enumerates FEMA-funded activities that based on FEMA experience, have no or minimal effect on historic properties if implemented as specified in this Appendix and will not require review by the SHPO, participating Nation(s) or other consulting parties. The below-listed allowances are in addition to the exempt activities referenced in Stipulation I.A.7 of this Agreement. The Programmatic Allowances consist of two tiers – First Tier and Second Tier. FEMA staff, or a FEMA-delegated reviewer may apply First Tier allowances whether or not they meet professional historic preservation qualification standards, while only FEMA staff or FEMA-delegated reviewers meeting the SOI Professional Qualifications Standards in the appropriate discipline and in accordance with Stipulation I.B(1)(a) of this Agreement may apply Second Tier allowances. When referenced in the Programmatic Allowances, “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, proportion, color, texture, strength, and workmanship. The in-kind repair provided for in both First and Second Tier allowances in Appendix B should be limited to pre-existing architectural features and physical components of buildings and structures in their pre-existing locations. When referenced in the allowances, “previously disturbed soils” shall refer to soils that are not likely to possess intact and distinct soil horizons and have the reduced likelihood of possessing historic properties within their original depositional contexts in the area and to the depth to be excavated.
Programmatic Allowances. Undertakings Not Requiring SHPO Review These Programmatic Allowances (Allowances) apply to all FEMA Disaster Response and Recovery Programs and Preparedness Grant Programs that will have limited or no effect on historic properties, either because the Undertakings do not “have the potential to cause effects on historic properties, assuming such historic properties were present”, pursuant to 36 C.F.R. § 800.3(a)(1), the work will be conducted in previously disturbed areas, or the repairs will meet specific standards. As set forth at Stipulation III.B., projects falling under one or more of these Allowances will require review by qualified FEMA staff, but do not require review by the SHPO. Allowances are organized into various categories of activities based on the types of disaster related work typically funded by FEMA’s Disaster Response and Recovery Programs (Appendix A). These are the largest number of FEMA-funded projects annually. Categories of work include: Debris Removal, Emergency Protective Measures, Roads and Bridges, Water Control Facilities, Buildings and Equipment, Utilities, and Parks, Recreational Facilities and Other. Allowances listed under one category may apply equally to any other category of work. FEMA’s Preparedness Grants Programs (Appendix A) focus on disaster preparedness, response, and recovery. Some of these projects may be covered under the Allowances listed in the categories above, while additional Allowances related to such Programs are listed under “Preparedness Grant Activities”. This Appendix may be amended in accordance with Stipulation VI.C of this Agreement. When referenced in an Allowance, “in-kind” shall mean that the repair is done with the same material, or a close match when original materials are no longer produced, and will match all physical and visual aspects of existing historic materials, including form, color, and workmanship. “In-kind” mortar will also match the strength, content, color and joint tooling of historic mortar. When referenced in the Allowances, previously disturbed soils refers to soils that are not likely to possess intact and distinct soil horizons and which have the reduced likelihood of possessing archaeological artifacts, features, and phenomena within their original depositional contexts.
Programmatic Allowances d. If FEMA determines that the emergency Undertaking will adversely affect a historic property during this expedited review period, to the extent practicable FEMA may propose treatment measures that would address adverse effects during implementation, and request the comments of the SHPO and/or the participating Tribes within 3 business days of receipt of this information unless FEMA determines the nature of the emergency warrants a shorter time period. FEMA may elect to consult with the SHPO and/or the participating Tribes regarding the emergency Undertaking at any point before or during the implementation of an emergency Undertaking if FEMA determines circumstances are appropriate for expedited consultation. e. FEMA may provide this information through written requests, telephone conversations, meetings, or electronic media. In all cases, FEMA will clarify that an “expedited Undertaking review” is being requested. FEMA will document all such reviews in writing. f. FEMA will take into account any timely comments provided by SHPO and/or participating Tribes and notify the parties of how their comments were taken into consideration by FEMA, OEM, and subgrantee. g. Should the SHPO and/or participating Tribes not comment within 3 business days, FEMA may fund the emergency Undertaking based on the available information. This will complete the Section 106 review for the Undertaking. C. Standard Project Review: For Undertakings not exempt from further Section 106 review, FEMA will ensure that the following standard project review steps are implemented. In the interest of streamlining, FEMA may combine some of these steps during consultation. 1. Consulting Parties: FEMA will consult as appropriate with the SHPO and affected Tribes to identify any other parties that meet the criteria to be consulting parties and invite them to participate in the Section 106 review process. FEMA may invite others to participate as consulting parties as the Section 106 review proceeds. 2. Area of Potential Effects: For standing structures, qualified staff shall define the APE as the individual structure when the proposed Undertaking is limited to the repair or rehabilitation (as defined in 36 CFR § 68.3(b)(6) and 36 CFR § 68.2(b)) of a structure located outside of a National Register listed or eligible historic district. For all other undertakings, qualified staff will determine the APE in consultation with the SHPO and participating Tribes. FEMA may also consider information provid...
