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FEMA Section 106 Notices for Louisiana
"FEMA Semi-Annual Report on the Louisiana Hazard Mitigation Grant Program Programmatic Agreement (LA HMGP PA), Louisiana Transitional Recovery Office, dated July 31, 2012"
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FEMA Semi-Annual Report on the Louisiana Hazard Mitigation Grant Program Programmatic Agreement (LA HMGP PA), Louisiana Transitional Recovery Office, dated July 31, 2012


Introduction

FEMA is providing this report pursuant to Stipulation XV of the Louisiana State-Specific Programmatic Agreement among FEMA, then Louisiana State Historic Preservation Officer of the Department of Culture Recreation and Tourism (SHPO), the Louisiana Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP), the Alabama-Coushatta Tribe of Texas (ACTT), the Chitimacha Tribe of Louisiana (CTL), the Choctaw Nation of Oklahoma (CNO), the Jena Band of Choctaw Indians (JBCI), the Mississippi Band of Choctaw Indians (MBCI), the Seminole Tribe of Florida (STF), and the Advisory Council on Historic Preservation (ACHP) Regarding FEMA's Hazard Mitigation Grant Program (LA HMGP PA), executed January 31st, 2011.

The Jena Band of Choctaw Indians signed the LA HMGP PA on February 8, 2011. Tribes that are recognized as Participating Tribes in the document and have not yet signed the LA HMGP PA include: The Alabama-Coushatta Tribe of Texas (ACTT), the Chitimacha Tribe of Louisiana (CTL), the Choctaw Nation of Oklahoma (CNO), the Mississippi Band of Choctaw Indians (MBCI), and the Seminole Tribe of Florida (STF). These Tribes have still been consulted per the terms of the LA HMGP PA.

Other Consulting Parties who have signed the LA HMGP PA as Concurring Parties are the Office of Community Development-Disaster Recovery Unit, Calcasieu Parish, Jefferson Parish, Saint Tammany Parish, the City of New Orleans, and the Preservation Resource Center of New Orleans

FEMA is producing this Semi-Annual Report in accordance with Stipulation XV which states: FEMA will prepare and distribute copies of its semi-annual reports for its actions to implement the LA HMGP PA on the last business day of January and July each year by e-mail to the Consulting Parties. The Semi-Annual Report will include, but not be limited to summary data on:

  1. The number of residential properties funded under the PTMs to date.

  2. The number of non-residential properties that went through the Standard Review process.

  3. Any adverse effects or potential adverse effects addressed through STMs or project-specific MOAs.

  4. Summary of public input fielded and outreach measures fielded during the six-month reporting period.

  5. Summary of the execution of STMs, PTMs and treatments under any project-specific MOAs.
In Accordance with Stipulation XV.C, FEMA is providing Consulting Parties 30 days to comment on the Semi-Annual Report. Comments should be addressed to Gail Lazaras via e-mail at gail.lazaras@fema.dhs.gov or via phone at 504-762-2133. If any relevant comments are received, FEMA may convene a meeting or telephone conference call of the Consulting Parties to discuss these comments within 60 days of submittal. If it is determined that a meeting is necessary, FEMA will further notify Consulting Parties.

Methodology

The summary data was extracted from internal tracking databases maintained by FEMA's Environmental and Historic Preservation Unit and HMGP Program at the Louisiana Recovery Office as well as tracking sources from the Office of Community Development. The numbers and information provided in this report are applicable to the reporting time period of January 30, 2012 through July 31, 2012 unless otherwise noted. In some instances the reconciliation of projects takes several weeks. Therefore, FEMA has not received complete information that is reflective of all funding activities through July 31, 2012; this information will be captured in future reports.

Data

Stipulation XV.B.i: The number of residential properties funded under Programmatic Treatment Measures to date

Projects funded under Programmatic Treatment Measures (PTM) include HMGP Limited Exception properties (including Pre-Effective Date and Grace Period Undertakings), Post-Grace Period Undertakings, and all residential properties submitted via Large-Scale Sub-Grantee applications. 2,926 properties have been funded under the PTM during the reporting timeframe of November 1, 2011 - May 31, 2012*. A total of 8,172 properties have been funded under the PTM as of May 31, 2012.

* The reconciliation process for these projects takes 6 - 8 weeks; therefore, FEMA is unable to report on projects funded through July 31, 2012. In the previous report, dated January 31, 2012, FEMA reported on projects funded through October 31, 2011; therefore, data from November 1, 2011 - May 31, 2012 is included in this report. The data for the remaining reporting period (June 1 - July 31, 2012) will be captured in a future report.

Stipulation XV.B.ii: The number of non-residential properties that went through the Standard Review process

The Standard Review process applies to Undertakings submitted through traditional applications, which include residential properties, commercial properties, private non-profit properties and all public properties that do not meet the criteria to be considered Pre-Effective date Undertakings or Archaeological Exclusion properties*. FEMA HP reviewed a total of 19 non-residential properties between January 30, 2012 and July 31, 2012.

* FEMA may also determine through consultation that a property of any Undertaking type located within, adjacent to, or within 100 meters of the boundaries of archaeological sites recorded with SHPO and that are labeled eligible or undetermined eligible will undergo Standard Review. These projects are reported separately starting on page 4 of this report under the heading; Stipulation IX Section 106 Review Procedures Specific to Archaeological Historic Properties, also known as Archaeological Exclusion Properties (AEXP).

Stipulation XV.B.iii: Adverse effects or potential adverse effects addressed through Standard Treatment Measures (STM)s or project-specific Memorandum of Agreements (MOA)s

FEMA has determined the demolition, reconstruction, and elevation of Sewerage Pump Station (SPS) 6, 242 South Solomon Street, and SPS 8, Corner of North Broad Street & Toulouse Street, will result in adverse effects to historic properties. FEMA's recommendation to resolve the adverse effects through STMs per Stipulation X was submitted to SHPO and Participating Tribes on July 19, 2012.

FEMA has determined the elevation of 2217 Yscloskey Hwy. has resulted in an adverse effect to historic properties. FEMA's recommendation to resolve the adverse effects through the implementation of an MOA was submitted to SHPO and participating Tribes on July 13, 2012.

Stipulation XV.B.iv: Summary of public input fielded and outreach measures fielded during the six-month reporting period

Per Stipulation XV.D, FEMA posted the January 31, 2012 Semi-Annual Report to the CRT website for public review and comment. No comments were received. There have been no additional public input or outreach measures during the reporting period. See reporting under Stipulation XV.B.v for more information on the Programmatic Treatment Measures associated with Community Education and Outreach Measures (Stipulation XII.D.2).

Stipulation XV.B.v: Summary of the execution of Standard Treatment Measures (STM), Programmatic Treatment Measures (PTM), and treatments under any project-specific Memorandums of Agreement

FEMA addressed adverse effects to historic properties through STM for one Undertaking during the reporting period; the following outline summarizes these efforts during the reporting period:

STM, Enon Elementary, Stipulation XV.B.iii, Photographic Recordation and Historic Narrative FEMA completed the photographic recordation and historic narrative. The final recordation packages were delivered to the State Historic Preservation Office, the University of New Orleans Earl K. Long Special Collections Department and the Washington Parish School Board in April 2012.

FEMA addressed some adverse effects to historic properties through PTM and the following outline summarizes these efforts during the reporting period and/or to date:

PTM, Stipulation XII.D.1, SHPO Liaison Position
The Liaison has been working with FEMA, FEMA's contractor staff and the SHPO since February 2012 on the resurvey of existing National Register Historic Districts in New Orleans (PTM, Stipulation XII.D.4.b)

PTM, Stipulation XII.D.2(a), Interagency Agreement between SHPO and GOHSEP
The Interagency Agreement was signed by GOHSEP and SHPO on March 29 and April 2, 2012, received approval to proceed by the Consulting Services Procurement Support Team, and is currently at the Office of Contractual Review for final approval.

PTM, Stipulation XII.D.2(a), Community Education, Outreach & Preservation Workshops for Built Environment and Archaeology Programs:
GOHSEP, in coordination with SHPO, has finalized the Interagency Agreement (IA) to implement these Treatment Measures.

PTM, Stipulation XII.D.2(b), Update State Multi-hazard Mitigation Plan to include information on cultural resources and historic preservation topics.
GOHSEP presented the proposed course of action to the State Hazard Mitigation Planning Team at the annual Hazard Mitigation Plan Maintenance Meeting, along with a sample of content for the amendment. The decision was made to amend the current State Plan by the addition of an appendix containing the cultural and historic information called for under this Stipulation of the LA HMGP PA. When the next required, official update of the State Plan is completed in 2014, the cultural and historic preservation information will be included in appropriate places throughout the Plan. GOHSEP has since refined the appendix that will appear as an amendment to the current Plan, and has modified the draft of the State Plan that will incorporate cultural and historic preservation information for the pending Plan Update. GOHSEP and SHPO have a meeting scheduled for July 31, 2012 to discuss SHPO's recommendations for the Appendix and the 2014 Plan Update. Once the draft of the Appendix is complete it will be sent to the Consulting Parties as well as to the Hazard Mitigation Planning Team for review and comment.

PTM, Stipulation XII.D.3, Analysis and Reporting of Existing Archaeological Collections for Outreach Materials
Analysis of five of the eleven collections are underway including Little Woods, Bayou Jasmine, Tchefuncte, Lafayette Mounds, and Spanish Fort. The Dufour-Baldwin and 400 Chartres collections were recently released from the University of New Orleans (UNO) and provided to FEMA's contractor for analysis. We are still in negotiation with UNO to gain access to the Costa collection.

A summary of unforeseen challenges for analysis of the Big Oak Site, Hermann-Grima, and Cizek collections is that: 1) they are not in an analysis-ready state as was assumed during the negotiation of the Programmatic Agreement, 2) due to lack of associated written field notes, analysis will be severely limited, and/or 3) FEMA is having trouble taking possession of the materials. Per the Programmatic Agreement, FEMA is obligated to analyze and report on 11 existing excavated archaeological collections not to exceed a maximum of 430 boxes of materials. However, the list of the identified collections within the Programmatic Agreement, while listing priority collections for analysis, is negotiable.

Therefore, FEMA had a conference call with the ACHP, SHPO, MBCI, ACTT, and Dewberry (FEMA's contractor) on June 7, 2012 to discuss these challenges and potential solutions. It was agreed that these three collections would not be analyzed. The Big Oak site collection will be substituted with Davis' 1986 Tchefuncte Site collection. FEMA is continuing to do research on appropriate substitute collections for the Hermann-Grima and Cizek collections. A follow-up meeting will be called in the near future to determine the remaining two collections for analysis.

PTM, Stipulation XII.D.4.a, Digitization of Standing Structures Surveys and National Register Files
Approximately 1,885 files have been scanned totaling 23,199 pages.

PTM, Stipulation XII.D.4.b, Resurvey Existing National Register Historic Districts
Resurvey of five of the seven National Register Historic Districts is complete including: Lakeview, Gentilly, Esplanade Ridge Extension, Holycross & Extensions, and Irish Channel. Resurvey of the Bywater & Extensions National Register Historic District is partially complete. Resurvey of the Uptown Historic District will begin this month.

FEMA's Contractor is working with the SHPO to develop a methodology for review of the data.

PTM, Stipulation XII.D.4.c, Prepare National Register District Nomination for Edgewood Park FEMA has submitted a draft to the Louisiana Division of Historic Preservation and is currently revising the nomination to incorporate their comments.

PTM, Stipulation XII.D.4.d, Archaeological Testing of Parks
Fontainebleau State Park: Phase I testing at Fontainebleau State Park is complete and background research continues. A total of approximately 420 acres were tested, of which 16 areas containing cultural materials were identified. Artifact analysis is being completed to assist in identifying loci to undergo Phase II testing.

New Orleans City Park: FEMA, its contractor, and the SHPO met with City Park officials to identify areas within City Park that were available for testing. To date, approximately 138 acres have undergone Phase I testing. Fieldwork is still ongoing.

City of New Orleans Parks: FEMA, its contractor, and the SHPO met with the City of New Orleans to discuss the project and identify parks available for testing. The contractor is working with New Orleans Recreation Development Commission (NORD) and Parks and Parkways to finalize the list of city parks to be surveyed. Phase I testing has not begun yet.

Stipulation IX: Section 106 review procedures specific to archaeological historic properties, also known as Archaeological Exclusion Properties (AEXP)

AEXP are defined as properties located within, adjacent to, or within 100 meters of the boundaries of an archaeological site recorded with SHPO and that is previously determined as NR-eligible or of undetermined eligibility. The following table provides a summary of FEMA's efforts to identify, evaluate, assess and treat effects for AEXP for the reporting time period. The total number of properties identified as AEXP as of July 31, 2012 is also included for reference.

Stipulation Reference Description # of
Properties
Identified
Date(s) of FEMA
determination
Response from Consulting Parties, if applicable
IX.D.1 Total number of properties identified as AEXP as of 7/31/2012 143 Various (see below also) n/a
IX.D.1 Number of AEXP identified within the reporting timeframe 0 n/a n/a
IX.D.1 AEXP previously identified and then removed due to errors in location information 30 2/01/2012 n/a
IX.F Finding of No Historic Properties Affected 9 1/20/2012
2/06/2012
3/13/2012
SHPO and Tribes concurrence
IX.H Finding of No Adverse Effect n/a n/a n/a
IX.I Strategies to avoid or minimize Adverse Effects n/a n/a n/a
IX.J Finding of Adverse Effect 9 3/27/2012, 4/23/2012, 4/23/2012 and 7/13/2012 SHPO and Tribes concurrence

Stipulation II.G: Update to Contact Information

FEMA was not notified of any changes to the name, address, e-mail address or phone number of respective Consulting Party point-of-contact since the last reporting period.