1ST AMENDED MEMORANDUM AGREEMENT AMONG

THE FEDERAL EMERGENCY MANAGEMENT AGENCY THE ADVISORY COUNCIL ON HISTORIC

AND THE LOUISIANA STATE HISTORIC PRESERVATION OFFICER DEMOLITION OF

THE STATE OFFICE BUILDING and CONSTRUCTION NEW STATE OFFICE BUILDING

NEW ORLEANS, LA

Management 406 of

§§5121

~'"M''''UC'V''''' (44

Historic Preservation (ACHP), FP&C,

and Building and

Movement (DOCOMOMOINOLA), collectively accordance with Section 106 of the Historic Preservation (t\lHPA), implementing regulations (36 CFR 800), the "Programmatic

Among FElvfA, the Office ofHomeland and and Advisory on Historic Preservation (ACHP) "

m 2004 (2004 Statewide PA) to develop a Agreement (MOA) to the of the proposed Undeltaking; and

WHEREAS, the MOA for the Undertaking went into effect on June 20, 2008 following execution by Signatories the Invited and

WHEREAS, pursuant to Stipulation the FP&C notified FEMA that it is for FP&C to complete Undertaking because the of Louisiana has

that a long-term lease on a redeveloped building located in downtown New is a more option construction of a new Office Building at this

due to the downturn in national and economy, the of the markets outlay need to downtown area of New and requested FEMA ConSUlting to MOA and

(l sl AMOA); and

New Orleans State Office and Annex of 10 I st Amended Memorandum

WHEREAS, the 151 AMOA to and the MOA,

the terms of the MOA upon its by Signatories and Invited

WHEREAS, Sub grantee, will continue to assume perform various by this and FEMA

in this VV',L"YL 1st AMOA as an Invited Signatory;

DOCOMOMOINOLA that to participate in this consultation execute

as a

WHEREAS, all to periods in this 13t AMOA are in calendar days all notices, requests for and other communications submitted by e-mail; and

NOW, THEREFORE, SHPO FP&C will be implemented in accordance the following Stipulations to effects the Undertaking on historic and to satisfy responsibilities Undertaking.

STIPULATIONS

the extent of legal authority and in coordination with the SHPO, FP&C, and DOCOMOMOINOLA, will that following measures

are implemented:

I. RECORDATION TREATMENT MEASURE

FP&C provided of Work (SOW) to and SHPO review and comment on May 1 2008. SOW included a list of fifty­

(53) exterior interior NO-SOB Annex. comments on the SOW to on

May 16, to comments the draft of the recordation FEMA and SHPO reviewed draft

FP&C on December 18, 2008 that these the IVB,/£>,.

B.

requirements

New Orleans State Office and Annex 2 of 10 151 Amended Memorandum of Agreement

II. ADDITIONAL TREATMENT

A. Albrizio Mosaic Mural

1. FP&C contracted appropriate specialty, in Conservation of Historic and Guidelines for Practice, to Conrad Albrizio mosaic mural.

The Albrizio mural was documented in as of the recordation required by Stipulation I MOA and was removed from the Annex in July 2008 by the art conservator. mural is currently undergoing restoration.

3. FP&C will notify FEMA and it r1PT'~"fYl for the reinstallation of the mural and will have by the qualified art conservator in an interior State facility before the expiration date of this 1

FP &C will report on the status of the mural in Stipulation VI.

of Building Materials

1. has salvaged and secured AI, DIl, MSll, MSI

An,,,,,,,,,...1" Documents for the

FP&C will take steps to identify opportunities to reuse and marble in other new or

of Louisiana and will report on its

3. has salvaged the commerative materials listed below and completed the requirements of the MOA in Stipulation ILB.2 for

materials when it transferred these plaques, medallions, cornerstones to the Louisiana Supreme Court:

a. Louisiana State Bar Association Bronze Plaque b. Supreme Court of Louisiana 1958 Bronze Plaque c. 8 State of Louisiana Medallions from elevators d. Marble Cornerstone, State Office Building e. Marble Cornerstone, Supreme Court Building (Annex)

New Orleans State Office and Annex 3 of 10 Isl Amended Memorandum of

f. Bronze Plaque State Building

DESIGN REVIEW PROCESS

A. to the March 10, 2008 as part the consultation process to develop the Comments on the Schematic Design were considered during the consultation process and incorporated, where Design Development

B. artd provided Consulting Parties on

by the the

Development Drawings to comment

by Stipulation ULC of MOA, FP&C it will not construct a new Office structures and that it will fill

of buildings; cover area with '-'''-'Jen,i'', concrete paving. plans to ownership

that it will construct a new building on on any

D. for the treatment of following demolition to cover it with repair damage to surface of the

existing concrete paving, and extend it open at Plaza. plan will the treatment of Morrison

the FEMA will forward

will provide comments, if IS-day

receipt

If FEMA determines proposed for the redevelopment site will cause additional effects to historic FEMA will notify

SHPO, FP&C, the Concurring Parties by within

New Orleans State Office and Annex 4 of 10 15\ Amended Memorandum of

28 clearly describe the that must addressed to avoid the additional effects. notice will submitted by the review period outlined in Stipulation effects any recommendations by parties may additional adverse that it is proposed notification, and

it was ~U.'.VL~

FEMA,

steps to minimize or avoid adverse The purpose of the will be to identify any alternatives to minimize or avoid the additional adverse FEMA not request a meeting to FP&C's within 4-days of e-mail

the adverse FP &C the nrnn",-, plan.

IV. PROTECTION ARCHAEOLOGICAL PROPERTIES THA T MAY PRESENT BELOW DUNCAN PLAZA

FEMA, Mississippi Band of Indians (MBCI) Site and the Plan during

that will affect archaeological nr{'\,npl'T1

FEMA, in consultation with SHPO and MBCI, determined that IS some that archaeological encountered FP&C

demolishes and the building following use as a heavy equipment area demolition.

FP&C paved area will not remove concrete to make area safe and walkable.

Louisiana Archaeology to ensure that actions and replace concrete slabs in this paved area are in of the Louisiana.

V. DISCOVERIES AND UNFORESEEN

If, in course Undertaking, archaeological are or effects occur, FP&C ensure that contractor immediately

work in vicinity of all measures to avoid or harm to archaeological finds and/or to or mmlmlze further effects. shall ensure the archaeological are and access to the area of discovery is

New Orleans State Office Building and Annex 5 of 10 ISI Amended Memorandum of Agreement

as

to detennine if steps to property are ne,::essaI'V

opportunity to in this

FEMA in consultation with SHPO, assume a newly property is eligible for Register for purposes of this 1 st AMOA.

D. and the SHPO will conclude this consultation if the human and FEMA and SHPO detennine

is not eligible National or if that the TrH"P",-,,'pn effect will not adversely

will notify work may or unforeseen

and the SHPO determine that

contain others, as appropriate, to on timeframes to avoid,

or mitigate adverse effects. Any may situation. At the conclusion of

will provide all that participated in the discovery a written summary of the consultation and its be e-mail.

If shall

ensure Human

remams are over the Indian

GOHSEP to ensure other applicable laws, and In

require that the contained the ACHP's Regarding Burial Sites, Remains, and

Policy Statements that are issued

VI. REPORTING

A. will a semiannual status to FEMA GOHSEP on or and July 3 the Albrizio the disposition

New Orleans State Office Building and Annex 6 of 10 1sl Amended Memorandum of

of the salvaged granite and marble; and the treatment of the NO-SOB and Annex site.

B. FEMA will forward copies of this report to the Signatories and Concurring Parties. The Signatories and Concurring Parties will provide comments on the status report within IS-days of receipt and FEMA will arrange a meeting, if requested by any of the Signatories or Concurring Parties during the 15 day review period, to discuss the status report. This meeting may be conducted via a conference call or in person at FEMA' s discretion.

C. The semiannual reports will be submitted by FP&C to FEMA and GOHSEP through the duration of this 1st AMOA as set out in Stipulation IX.

VII. DISPUTE RESOLUTION

A. Should any Consulting Party object to FEMA within the timeframes provided by this MOA to any plans, specifications, or actions provided for review, FEMA shall notify FP&C and GOHSEP and consult further with the objecting party, FP&C, and GOHSEP to seek resolution.

B. If FEMA determines that the dispute cannot be resolved, FEMA shall forward FEMA's proposed resolution of the dispute and all relevant documentation to the ACHP. Within 7-days after receipt of the documentation, the ACHP will:

l. Advise FEMA that it concurs with FEMA's resolution of the dispute: or

2. Provide FEMA with recommendations, that FEMA shall take into account in reaching a final decision regarding the dispute: or

3. Notify FEMA that it shall comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any such comment provided by the ACHP shall be taken into account by FEMA in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute.

C. If the ACHP does not provide FEMA with comments or recommendations within 7-days, FEMA may assume that the ACHP does not object to its recommended approach and it shall proceed accordingly.

D. Any recommendation or comment provided by the ACHP shall be understood to pertain only to the subject of the dispute, and FEMA's responsibilities to fulfill all actions that are not the subject of the dispute shall remain unchanged.

New Orleans State Office Building and Annex 7 of 10 1st Amended Memorandum of Agreement

E. Any National that is not resolved pursuant to Stipulation will §800.4( c )(2).

VIII. AMENDMENTS, TERMINATION, AND NONCOMPLIANCE

A. that it is not 151of this

writing of Within 21-days of meet with the Invited Signatory,

in person or by to determine if the 151 AMOA or terminated, and proceed accordingly.

B. Any be amended

C. If the 151 is not amended, the or Invited Signatory terminate 151 AMOA by providing a 30-day written notice to the Signatories, Invited Signatory, and Concurring The Signatories, Invited Concurring Parties will good faith to

actions that would during this Should consultation fail, will promptly notify the

Signatory, and in writing the 1 st FEMA to comply

time of consultation

terminates or

DURATION

Unless amended or in accordance with will remain in effect December 31, 2012, or has been satisfactorily fulfilled. FP&C will notify Undertaking is FEMA 'Will notify the and Concurring when it fulfilled.

New Orleans State Office and Annex 8 of 10 Isl Amended Memorandum of Agreement

X. EFFECTIVE DATE AND IMPLEMENTATION OF MOA

This 1 SI AMOA shall become effective immediately upon signature by the Signatory Parties. FEMA shall provide each Signatory, Invited Signatory, and Concurring Party with a complete copy of the 1 sl AMOA including all executed signature pages.

1st EXECUTION AND IMPLEMENTATION of this Amended Memorandum of Agreement evidences that FEMA has afforded ACHP a reasonable opportunity to comment on the Undertaking and its effects on historic properties, that FEMA has taken into account the effects of the Undertaking on historic properties, and that FEMA has satisfied its responsibilities under Section 106 of the National Historic Preservation Act and applicable implementing regulations.

SIGNATORY PARTIES: FEDERAL EM GENCY MANAGEMENT AGENCY

(

Louisiana Transitional Recovery Office

ADVISORY COUNCIL ON HISTORIC PRESERVATION

dL14. ~. Date '1k/otJohn M. Fowler Executive Director

UISIANA STATE HISTORIC PRESERVATION OFFICER

Date: S- - //-05 State Historic Preservation Officer

INVITED SIGNATORY:

DIVISION OF ADMINISTRATION, FACILITY PLANNING & CONTROL

Date: pi (1/Cjt t

New Orleans State Office Building and Annex 9 of 10 151 Amended Memorandum of Agreement

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CONCURRING PARTIES:

GOVERNOR'S OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPAREDNESS

/1Jh 4 / 7, ZoO,?Ja~ Date

Assistant Deputy Director, Disaster Recovery

DOCOMOMO USILOUISIANA CHAPTER (DOCOMOMOINOLA)

Date:

New Orleans State Office Building and Annex 10 of 10 1st Amended Memorandum of Agreement