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 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. 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 resources liaison, to identify the approp...
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.
2. If the Undertaking involves a National Historic Landmark (NHL), FEMA shall notify the SHPO, and the Intermountain Regional NPS Office that the Undertaking conforms to one or more allowances. FEMA will provide information about the proposed scope of work for the Undertaking and the allowance(s) enabling FEMA’s determination.
3. If the Undertaking involves a State Antiquities Landmark (XXX) (designated per the Antiquities Code of Texas, Title 9, Chapter 191, Texas Natural Resource Code), Recorded Texas Historic Landmark (RTHL) (per Section 442.006, Texas Government Code), or any current or former county courthouse (per Section 442.008, Texas Government Code), FEMA shall notify the SHPO that the Undertaking conforms to one or more allowances. FEMA will provide information about the proposed scope of work for the Undertaking and the allowance(s) enabling FEMA’s determination.
4. If FEMA determines any portion of an Undertaking’s scope of work does not conform to one or more allowances listed in Appendix B, FEMA shall conduct Section 106 review for the entire Undertaking in accordance with Stipulation II.B, Expedited Review for Emergency Undertakings, or Stipulation II.C, Standard Project Review.
5. Allowances may be revised and new allowances may be added to this Agreement in accordance with Stipulation IV.A., Amendments.
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.
2. If USACE determines any portion of an Undertaking’s scope of work does not conform to one or more Allowances listed in Appendix D, USACE shall conduct Section 106 review, as appropriate, for the entire Undertaking in accordance with Stipulation VII.B, Review for emergency Undertakings, or Stipulation VII.C, Streamlined Project Review.
3. Allowances may be revised and new Allowances may be added to this Agreement in accordance with Stipulation XIV, Amendments.
Programmatic Allowances. If FEMA determines that the emergency Undertaking would adversely affect a historic property during this expedited review period:
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.
Programmatic Allowances. Undertakings Not Requiring SHPO Review
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 or tribal review or notification.
2. If the Undertaking involves a National Historic Landmark (NHL) [xxxxx://xxx.xxx.xxx/nhl/find/statelists/la/LA.pdf], FEMA shall notify SHPO, participating Tribe(s), and NPS NHL Program Manager of the NPS Southeast Regional Office that the Undertaking conforms to one or more Allowances. FEMA shall provide information about the proposed scope of work for the Undertaking and the Allowance(s) enabling FEMA’s determination.
3. If FEMA determines any portion of an Undertaking’s scope of work does not conform to one or more Allowances listed in Appendix B, FEMA shall conduct expedited or standard Section 106 review, as appropriate, for the entire Undertaking in accordance with Stipulation II.B, Expedited Review for Emergency Undertakings, or Stipulation II.C, Standard Project Review.
4. Allowances may be revised and new Allowances may be added to this Agreement in accordance with Stipulation IV.A.3, Amendments.
Programmatic Allowances. 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 affected Tribe(s) within 3 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 affected Tribe(s) 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.
