Common use of Programmatic Allowances Clause in Contracts

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). 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. When referenced in the Allowances: Valid thru Feb 23, 2019 • “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. 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 appropriate SHPO staff having that area of expertise.

Programmatic Allowances. This list of Programmatic Allowances (Allowances) contains types of undertakings (projects) that enumerates FEMA funded activities that, based on FEMA experience, have been determined to have low potential to affect no effect or limited effect on historic properties if implemented as specified in this Appendix pursuant to Stipulation V.A Streamlined Project Review. These projects and will not require further Section 106 review or consultationby the SHPO and participating Tribe(s). The Allowances allowances consist of two tiers – First Tier 1 and Second Tier. Staff may apply First Tier 2. Review and processing of allowances without meeting any professional historic preservation qualification standards, while only staff meeting the undertakings will be performed by a DOT&PF Professionally Qualified Individual (PQI). 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 applicable SOI Professional Qualifications Standards in accordance with 36 CFR 800.3-800.6, pursuant to Appendix D Delegated Section 106 ProcessStipulation I.B(1)(a) of this Agreement may apply Second Tier allowances. When referenced in the Allowances: Valid thru Feb 23allowances, 2019 • “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, texture, finish, dimension, pattern, and workmanship. The National Park Service (NPS) Preservation Briefs provide guidance on preserving, rehabilitating and restoring historic buildings. The Briefs can be found at xxxx://xxx.xxx.xxx/tps/how-to-preserve/briefs.htm. 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 disturbeddisturbed soils” refers shall refer to soils where previous that have been impacted in the recent past as a result of human activity included but not limited to levelling, grading, filling, clearing, agricultural activities, construction, placement of gravel or concrete, or other mechanical activities that have a known depth of impact. These activities can be identified and documented via review of aerial photography and soils data. Exclusions include natural erosion processes, bioturbation (animal or vegetative), or other disturbances that cannot be definitively identified and agreed upon by SOI Archaeological staff. For the purposes of these Allowances, “minor upgrades” refer to upgrading or replacement in a manner that substantially conforms to preexisting design, function, and location. This may include a change in materials when not associated with a historic property. Per Stipulation II.A., when FEMA proposes to perform work that falls within the Programmatic Allowances below, but that will affect a property that is a State Antiquities Landmark (XXX), Recorded Texas Historic Landmark (RTHL), or activities have reduced any current or former county courthouse, FEMA must notify SHPO of the likelihood of possessing historic properties within their original depositional contextswork. 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 For any work or activity that results in a disturbance conducted on non-federal public land, FEMA shall comply with the notification requirements 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. Tier 1 reviews can be conducted by any PQI. When the PQI responsible for the review Antiquities Code 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 appropriate SHPO staff having that area of expertiseTexas per 13 Texas Administrative Code § 26.7.

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). If 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: Valid thru Feb 23, 2019 • “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 resources liaison, to identify the appropriate SHPO staff having that area of expertise.. Revised Appendix B in effect Feb 23, 2019

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). If 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: Valid thru Feb 23, 2019 • “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 resources liaison, to identify the appropriate SHPO staff having that area of expertise.