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PRELIMINARY DRAFT 1 2

MEMORANDUM OF AGREEMENT 3 AMONG 4

THE UNITED STATES GENERAL SERVICES ADMINISTRATION, 5 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, 6

THE DISTRICT OF COLUMBIA HISTORIC PRESERVATION OFFICE, 7 THE NATIONAL CAPITAL PLANNING COMMISSION, 8

AND 9 THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, 10

REGARDING THE 11 DEVELOPMENT OF THE UNITED STATES COAST GUARD HEADQUARTERS 12

AT ST. ELIZABETHS NATIONAL HISTORIC LANDMARK, 13 WASHINGTON, DC 14

15 AGREEMENT, PARTIES, EXECUTION DATE, REQ’D LEGAL REFERENCES (NHPA, PA) 16

This Memorandum of Agreement (“MOA”) is made as of this __ day of November 2009, 17 by and among the United States General Services Administration (“GSA”), the Advisory Council 18 on Historic Preservation (“ACHP”), the District of Columbia Historic Preservation Office 19 (“DCHPO”), the National Capital Planning Commission (“NCPC”), and the United States 20 Department of Homeland Security (“DHS”) (all referred to collectively herein as the “Signatories” 21 or individually as a “Signatory” or as the “Parties” or individually as a “Party”), pursuant to 22 Sections 106 and 110 of the National Historic Preservation Act (“NHPA”), 16 U.S.C. §§ 470f and 23 470h-2(f), and NHPA’s implementing regulations at 36 C.F.R. Part 800 and pursuant to the 24 Programmatic Agreement (“PA”) among GSA, ACHP, DCHPO, the United States Federal 25 Highway Administration (FHWA), NCPC, and DHS Regarding the Redevelopment of St. 26 Elizabeths National Historic Landmark, Washington, DC, dated December 9, 2008, which 27 contemplated a multi-phased agreement and the execution of one or several separate 28 Memoranda of Agreement (MOAs) per 36 CFR § 800.6, of which this is the first. 29

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31 32 AGREEMENT PURPOSE 33

WHEREAS, the purpose of this MOA is to ensure continued compliance with the NHPA, 34 including Sections 106 and 110(f), whereby GSA will carry out consultation for each phase of 35 development and, prior to any effort that may directly or adversely affect the Site (hereinafter 36 defined) shall to the maximum extent possible, undertake planning and actions as may be 37 necessary to minimize harm while satisfying the programmatic requirements of DHS and shall 38 afford the DCHPO, ACHP, and Consulting Parties a reasonable opportunity to comment, 39 respectively; and 40 41

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42 43 LOCATION, CONTROL, JURISDICTION 44

WHEREAS, St. Elizabeths is located in the Southeast quadrant of Washington, D.C. 45 (“D.C.”) and includes the 176-acre West Campus (“West Campus”) and an adjacent 170-acre 46 East Campus, (“St. Elizabeths”) (Exhibit 1). The West Campus is under the control and 47 jurisdiction of GSA, with the exception of approximately seven (7) acres currently owned by the 48 D.C. Government but subject to an Exchange Agreement pursuant to “The Federal and District 49 of Columbia Real Property Act of 2006” (PL 109-396) (the “Exchange Agreement”) between GSA 50 and the D.C. Government concluded on January 17, 2008, and a Right of Entry between GSA 51 and the D.C. Government dated July 29, 2009 permitting GSA to access and construct upon 52 such seven (7) acre area, including that area intended to accommodate the United States Coast 53 Guard (“USCG”) Headquarters facility and associated parking; and 54

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57 58 MASTER PLAN, SITE, UNDERTAKING 59

WHEREAS, GSA proposes to develop an XYZ-acre site (the “Site”) (Exhibit X) within the 60 West Campus of St. Elizabeths for the new USCG Headquarters, which includes: construction of 61 a X million GSF facility; a X GSF parking garage; associated site work, including protection and 62 rehabilitation of cultural landscape features; and the security perimeter in the vicinity of the 63 cemetery, herein referred to as the Undertaking (“Undertaking”). 64

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68 69 APE 70

WHEREAS, GSA has determined the Area of Potential Effect (“APE”) (Exhibit X) as 71 defined in 36 C.F.R. § 800.16(d) for the Undertaking includes both physical and visual areas; and 72

73 74 ADVERSE EFFECT 75

WHEREAS, GSA has applied the Criteria of Adverse Effect (36 C.F.R. § 800.5(a) (1)) 76 and has found that the Undertaking will have an adverse effect on the St. Elizabeths NHL; and 77

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79 80 STANDARD ACHP/SHPO CLAUSE 81 WHEREAS, GSA notified DCHPO and ACHP of its adverse effect determination for this 82 Undertaking in accordance with the PA, and GSA has consulted with DCHPO, ACHP and 83 Consulting Parties to fulfill GSA’s and DHS’s obligations under NHPA; and 84 85 GOVERNING DOCUMENTS: REUSE AND NEW CONSTRUCTION OCCUPANCY 86 AGREEMENT 87

WHEREAS, to complete the Undertaking, GSA and DHS will enter NEED UPDATE into 88 ten-year Re-Use and New Construction Occupancy Agreements, with provisions for renewal, 89 prior to occupancy of the Site wherein DHS will occupy the St. Elizabeths East and West 90 Campuses creating a high-security Interagency Security Committee (ISC) Level 5 facility that 91 meets DHS program and functional requirements consistent with the Master Plan; and 92

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94 95 GOVERNING DOCUMENTS FOR THE UNDERTAKING: PA 96

WHEREAS, the Undertaking contemplated by this MOA is part of a larger undertaking, 97 addressed in the PA and the Master Plan, which proposes GSA’s redevelopment of the 98 remainder of the West Campus and the East Campus for use as a high-security federal campus 99 for the DHS Headquarters, and FHWA’s and GSA’s implementation of certain new roadway and 100 interchange construction within portions of United States National Park Service (“NPS”) parkland 101

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known as Shepherd Parkway (“Shepherd Parkway”), to provide ingress and egress to the West 102 Campus; and 103

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105 106 GOVERNING DOCUMENTS FOR THE UNDERTAKING: MASTER PLAN 107

WHEREAS, GSA submitted the final Master Plan to NCPC on November 10, 2008, which 108 approval was granted on January 8, 2009, NCPC meeting, and the U.S. Commission of Fine Arts 109 (CFA) approved the Master Plan on November 20, 2008; and 110

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112 113

114 115 WHEREAS, INSERT CLAUSE RE MODIFICATIONS TO MASTER PLAN 116 117 WHEREAS, the components of DHS to be housed at St. Elizabeths, which will achieve 118

the DHS collocation requirement of 4.5 million gross square feet (“GSF”) of office space plus 1.5 119 CHECK ACCURACY million GSF of parking, are those included in the Housing Plan and as is 120 set forth in the Master Plan; and 121

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123 124 GOVERNING DOCUMENTS FOR THE UNDERTAKING: DESIGN GUIDELINES, LANDSCAPE 125 GUIDELINES 126

WHEREAS, GSA has identified in accordance with 36 C.F.R. § 63.2 the existing 127 contributing landscape features (“Contributing Landscape Features”) on the Site that contribute 128 to the character and significance of the NHL and proposes to retain, to the maximum extent 129 possible, Contributing Landscape Features and to otherwise be guided by landscape restoration, 130 treatment and maintenance guidelines outlined in the Preservation, Design & Development 131 Guidelines (“Design Guidelines”) (Exhibit 4), the Cultural Report (“CLR”) (Exhibit 5) and the 132

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associated Historic Landscape Preservation Treatment and Management Plan (“Landscape 133 Preservation Management Plan”) (Exhibit 6) currently in development; and 134 135

136 137 GOVERNING DOCUMENTS FOR THE UNDERTAKING: ARCHEOLOGY 138 139

WHEREAS, INSERT UPDATED TEXT 140 141 WHEREAS, GSA and FHWA, in accordance with the Native American Graves Protection 142

and Repatriation Act, 25 U.S.C § 3001 et seq., and Final Regulations 43 C.F.R. § 10 will follow 143 the process set forth in Exhibit X, and GSA and FHWA, in accordance with the NHPA, have 144 identified in this consultation that there are no federally recognized tribes in the District of 145 Columbia and, GSA, in consultation with the DCHPO, has made a good faith effort to identify and 146 contact other appropriate Native American tribes that may attach religious and cultural 147 significance to any historic property that may be affected by the Undertaking and INSERT 148 UPDATE; and 149

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151 152

WHEREAS, because the Site, as part of a larger undertaking per the PA, is large and 153 development at St. Elizabeths will occur in phases, and predevelopment activities may include 154 excavation of soil and other ground-disturbing activities, the Signatories agree that a flexible 155 phased approach to the identification and evaluation of archaeological resources, pursuant to 36 156 C.F.R. § 800.4(b)(2), and to the application of the criteria of adverse effect, pursuant to 36 C.F.R. 157 § 800.5(a)(3) is appropriate, and; 158

159 WHEREAS, INSERT UPDATE ON PHASE 1 ARCHAEOLOGICAL SURVEY 160

COMPLETION; and 161 162

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163 164 GOVERNING DOCUMENTS: MAINTENANCE 165

WHEREAS, GSA, as property owner and lead agency for this Undertaking, is responsible 166 for the maintenance, upkeep and ongoing protection of the Site throughout redevelopment and in 167 perpetuity as long as the Site remains in its control and jurisdiction provided that if GSA proposes 168 to transfer the Site or any portion thereof to any non-federal entity, such an undertaking would be 169 subject to the provisions of 36 C.F.R. Part 800; and 170

171 172 WHEREAS, GSA is maintaining Contributing Buildings and Landscape Features 173 according to the terms of the PA and in conjunction with a previous Programmatic Agreement 174 (“Programmatic Agreement among GSA’s National Capital Region (“NCR”)), the D.C. State 175 Historic Preservation Office, and the Advisory Council on Historic Preservation regarding 176 Maintenance and Rehabilitation of Historic Buildings” (“National Capital Region PA”)(Exhibit X), 177 dated November 9, 1994), which focuses on routine, recurring repair and specific, agreed-upon, 178 low-impact design solutions for historic GSA properties in D.C. Stipulations outlined in the 1994 179 agreement will apply to the Site; and 180 181 PRECONDITIONS 182

WHEREAS, the PA set forth certain conditions for the undertaking mandating that Phase 183 1 construction could commence only if such conditions are satisfied, which conditions apply to 184 the Undertaking contemplated in this MOA, and which have been satisfied as follows: (a) the 185 D.C. Council’s approval of the East Campus Redevelopment Framework Plan [SMALL AREA 186 PLAN], which occurred on December 16, 2008, (PR 17-1154); (b) GSA’s documentation that 187 those portions of Shepherd Parkway required for implementation of Phase II of the undertaking 188 are available for use together with the FHWA’s determination, pursuant to the Department of 189 Transportation Act of 1966 (Section 4(f)), that the NPS land at Shepherd Parkway, adjacent to 190 St. Elizabeths, may be used for the undertaking, which determination was made by FHWA on 191 September 1, 2009, and further that FHWA and GSA initiate Section 106 for roadway 192 construction as contemplated in the PA, which initiation occurred on INSERT DATE; and (c) 193 GSA’s verification that it has submitted a Phase II prospectus authorization and funding request 194 to Congress for significant rehabilitation of buildings and landscapes as shown in the Master 195 Plan. Authorization and funding requests were submitted by GSA on INSERT DATE as GSA 196 acknowledges that rehabilitation is essential to mitigate adverse effects to the undertaking; and 197

198 199

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202 203 FUNDING 204

WHEREAS, a design prospectus for $24,900,000 for the USCG Headquarters on the Site 205 at St. Elizabeths was authorized by the Senate on July 20, 2005, authorized by the House on 206 October 26, 2005, and appropriated by PL 109-115 on November 30, 2005; and 207

208 WHEREAS, $13,095,000 was appropriated for infrastructure work on St. Elizabeths by 209

PL 109-115, passed on November 30, 2005, and all federally owned structures on the West 210 Campus have been stabilized and secured in accordance with the Secretary’s Standards by 211 GSA as part of the master planning process and in accordance with Section 110(f) of the NHPA; 212 and 213

214 WHEREAS, under PL 110-309, the Consolidated Security, Disaster Assistance, and 215

Continuing Appropriations Act, 2009, DHS was appropriated $97.5M for the design and 216 construction of tenant improvements for the new USCG Headquarters on September 30, 2008; 217 and 218

WHEREAS, on February 17, 2009, the American Recovery and Reinvestment Act 219 (PL111-5) appropriated $200 M to DHS and, pursuant to the Joint Explanatory Statement of the 220 Committee of the Conference, H. Rep 111-16, $450 M to GSA for a total of $650 M for the DHS 221 Headquarters Consolidation Project; and 222

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WHEREAS, on March 11, 2009, PL 111-8 (Omnibus 2009 Appropriations Bill) 224 appropriated $346 M for the DHS Headquarters Consolidation Project; and 225 226

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228 229 PROJECT TIMING 230 231

WHEREAS, [FOLLOWING TEXT TO BE REVIEWED BY PBS PMO] in order to respond 232 to deadlines associated with ARRA, etc., GSA has set forth a timeline for this Undertaking and 233 commencement of construction, which includes the issuance of Full Notice to Proceed to GSA’s 234 Design Builder, (“Construction Commencement”), INSERT DATE. Pursuant to the PA and 235 approval granted by the DCHPO, GSA has already commenced site preparation activities limited 236 to abatement and demolition of the Warehouse and Warehouse Annex (Buildings 118 and 118A, 237 respectively), Storage Shed (Building 11), Mechanical and Electrical Shops (Building 12), Tool 238 House (Building 53) and the Locomotive House (Building 55), in addition to related post-239 demolition, site preparation activities including soil erosion control, temporary fencing, 240 dewatering pipes, creation of a sediment pond, mobilization (installation of a temporary 241 contractor trailer), and vertical sheeting (for site stabilization). These activities include neither 242 tree excavation nor ground-disturbing activities, and the existing resources are protected in 243 accordance with the PA. 244 245 CONSULTING PARTIES: GENERAL VERIFYING PARTICIPATION. WILL EDIT. 246

WHEREAS, pursuant to 36 C.F.R. § 800.3(f), GSA identified and consulted with, in 247 addition to the Signatories identified above, the following consulting parties: Advisory 248 Neighborhood Commissions 8A, 8B, 8C, 8D, and 8E, American Society of Landscape Architects, 249 Anacostia Historical Society, Brookings Institution, Committee of 100 on the Federal City, 250 Cultural Landscape Foundation, D.C. Preservation League, District of Columbia Office of 251 Planning, Friends of St. Elizabeths, National Association of Olmsted Parks, Medical and 252 Professional Society of St. Elizabeths Hospital, National Coalition to Save Our Mall, National 253 Historic Landmark Stewards Association, National Museum of Civil War Medicine, National Trust 254 for Historic Preservation, Office of Councilmember Marion Barry, Representative Eleanor Holmes 255 Norton, St. Elizabeths Hospital (Department of Mental Health), U.S. Commission of Fine Arts, 256 U.S. Department of the Interior, U.S. National Park Service, (referred to collectively herein as the 257 "Consulting Parties"); and 258 259

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260 261 CONSULTING PARTIES: NCPC AND CFA 262

WHEREAS, GSA submitted the Master Plan on November 10, 2008 to NCPC, for that 263 agency’s consideration at the January 8, 2009 NCPC meeting during which the Master Plan was 264 approved subject to certain requirements to be fulfilled prior to commencement of construction to 265 implement Phase I of the Master Plan and, furthermore, GSA shall submit the design approval 266 package for this Undertaking, including an executed copy of this MOA, to NCPC on INSERT 267 DATE for consideration at the January 2010 NCPC meeting; and 268

269 NCPC on INSERT DATE for consideration at the January 2010 NCPC meeting; and 270 271 WHEREAS, GSA has fulfilled the necessary NCPC-imposed requirements to be 272

accomplished prior to commencement of construction to implement Phase I of the Master Plan; 273 and 274

275 WHEREAS, the U.S. Commission of Fine Arts (CFA) approved the Master Plan on 276

November 20, 2008, and is scheduled to review the November 5, 2009, submission for this 277 Undertaking at its November 2009 meeting; and 278

279 280

281 282 CONSULTING PARTIES: ONGOING 283

WHEREAS, GSA will continue to provide an opportunity for public involvement in the 284 development of this Undertaking in accordance with 36 C.F.R. § 800.2(d) and § 800.6(a) (4; and 285 286

287 288 NOW THEREFORE, the Signatories agree that the Undertaking shall be implemented in 289 accordance with the following stipulations (“Stipulations”) in order to take into account the effect 290 of the Undertaking on Contributing Buildings and Historic Landscape Features. 291

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293 294

STIPULATIONS 295 GSA shall ensure that the following measures are carried out: 296 297 I. GENERAL REQUIREMENTS 298

299 A. GOVERNING DOCUMENTS 300

GSA shall ensure that the Undertaking will be carried out in compliance with the 301 Stipulations set forth in this MOA, with the goal that the development of the Site will be 302 compatible with its historic character and exceptional significance balanced with meeting 303 the programmatic, security, functional and operational needs of DHS. As set forth in 304 more detail below, GSA shall ensure that the development is carried out in accordance 305 with the approved Master Plan, the Preservation Design and Development Guidelines, 306 the Landscape Preservation Treatment and Management Plan, the Archaeological 307 Resources and Site Management plans, and the Secretary of the Interior’s Standards. 308 (”Governing Documents,”) and in consultation with DCHPO and ACHP and Consulting 309 Parties, as described in detail below. 310

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312 313 314

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B. MAINTENANCE 318 319

1. Maintenance of Contributing Landscape Features: 320

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GSA is and will be responsible for the ongoing stabilization, maintenance, upkeep and 321 protection of the Contributing Buildings and Landscape Features on the Site in 322 accordance with the Maintenance Program (Exhibit X) and the National Capital 323 Region PA which focuses on routine, recurring repair and specific, agreed-upon, low-324 impact design solutions for historic GSA properties. 325 326 In addition to the NCR Regional Historic Preservation Officer (“RHPO”) and the Asset 327 Manager (“Asset Manager”) guiding redevelopment of the Site, a full-time, on-site 328 GSA Site Manager (“Site Manager”) and on-site Historic Landscape Architect 329 (“Landscape Architect”) will be hired prior to USCG tenant occupancy of the Site. The 330 Site Manager and the Historic Landscape Architect will both meet the Secretary’s 331 Professional Qualifications Standards, as pertinent to those respective positions. 332 333 334

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336 337

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340 341

342 C. DESIGN REVIEW 343

INSERT TEXT RE THE FOLLOWING BEING IN ACCORDANCE WITH PA 344 345

1. Initiated Consultation: 346 INSERT TEXT PER USCG CONSULTATION / CONCLUDED 347 348

2. Submissions: 349 INSERT TEXT PER USCG CONSULTATION / CONCLUDED 350 351

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3. Scope of Design Review and Consultation: 352 INSERT TEXT PER USCG CONSULTATION / CONCLUDED 353

354 4. Review Comments: 355

INSERT TEXT PER USCG CONSULTATION / CONCLUDED 356 357 5. Continuance and Conclusion of Consultation: 358

INSERT TEXT PER USCG CONSULTATION 359 360

6. Alterations to Project Documents 361 INSERT TEXT PER USCG CONSULTATION / DESIGN BUILD ETC. 362

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364 365

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369 370 371

II. MITIGATION 372 373 HISTORIC RESOURCES 374 The Contributing Buildings and Landscape Features which have the potential to be 375 adversely affected by this Undertaking, and the steps to be taken to resolve those 376 adverse effects, in accordance with this MOA, are noted below: 377

378 A. CONTRIBUTING BUILDINGS 379 No Contributing Buildings are included in this Site or Undertaking. GSA shall ensure that, 380 if there is damage to a Contributing Building or Landscape Feature resulting from 381 casualty loss, GSA shall preserve, repair or rehabilitate as appropriate and in accordance 382 with the approved Master Plan, its Design Guidelines, Landscape Preservation 383 Management Plan, and the Secretary’s Standards, and while satisfying the programmatic 384 requirements of DHS, unless it is not feasible. If it is not feasible to preserve, repair or 385 rehabilitate as required, GSA shall: 386

387 a. engage in consultation with the Signatories and the Consulting Parties, as 388

appropriate, on alternatives consistent with the Secretary’s Standards; and 389 390

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b. bear the cost and expense of construction and/or treatment; and 391 392

c. if the Signatories and Consulting Parties fail to respond within thirty (30) 393 calendar days, or within an agreed upon timeframe, assume consent to the 394 proposed treatment/alternative. 395

396 397

B. LANDSCAPE FEATURES 398 399 400 C. CEMETERY 401

402 1. Location of Security Perimeter 403 404

INSERT TEXT 405 406 407

D. ARCHEOLOGY 408 409

1. Artifacts: Artifacts recovered from surface or ground-disturbing activities prior to 410 or during construction phases shall be evaluated by the appropriate historic 411 preservation, archaeology and/or cultural resources specialist in consultation with 412 the DCHPO (REFERENCE EXHIBIT X (EXHIBIT 14 FROM PA). 413

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F. CONSTRUCTION STAGING 418 Per the PA, GSA requires all construction contractors and teams selected to perform 419 work that will have the potential for adverse effects to Contributing Buildings or 420 Landscape Features, to submit to GSA for review and approval a Construction 421 Staging Plan (“Staging Plan”) (Attached Exhibit X). The Staging Plan for this 422 Undertaking (“USCG Staging Plan”), which has been developed consistent with GSA 423 Master Specifications, Building and Life Safety Codes, and construction best 424 practices, identifies Contributing Buildings and Landscape Features and 425 archaeological sites potentially affected by the Undertaking, and associated 426 construction staging activities, and outlines measures to avoid and minimize harm to 427 these resources while providing the necessary access and flexibility to efficiently and 428 effectively construct the facility. 429

430 431

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433 434

NEW CONSTRUCTION RESOURCES 435 436

USCG Headquarters 437 438 Parking Garage 439

440 Utilities 441 442 Site and Setting Improvements (Roads/Pathways, Site Lighting, New Landscaping, Site 443 Features [i.e. benches, water features]) 444 445 Site Signage (Note connection to future MOA’s for security.) 446 447 Security Perimeter 448 449

450 III. PUBLIC ACCESS 451

452 INSERT TEXT 453 454

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456 457

458 IV. EMERGENCY AND UNANTICIPATED ADVERSE EFFECTS 459

460 Determination of Effects: GSA as the lead agency has determined that the 461 project(s) contemplated by this Undertaking may result in an adverse effect, 462 as defined in 36 C.F.R. § 800.16(l)(1) to the Contributing Buildings and 463 landscapes, and GSA has already followed Stipulation X as noted in this 464 MOA. Should an unanticipated adverse effect arise, as determined by GSA, 465 GSA will notify the DCHPO in writing about such a determination, and request 466 concurrence. DCHPO has thirty (30) days or an agreed upon timeframe after 467 receiving such notification to respond. One or multiple projects may be 468 bundled to the extent possible. 469

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470 i. Determination of No Adverse Effect: GSA will have no further responsibility, 471

under Stipulation X for those emergency undertakings it determines do not 472 result in adverse effects, and for which DCHPO concurs in writing or does not 473 respond within thirty (30) days or an agreed upon timeframe. If DCHPO 474 responds within the defined period that it does not concur with the 475 determination of no adverse effect, GSA will consult with DCHPO and attempt 476 to resolve the disagreement. If GSA and DCHPO cannot resolve the 477 disagreement, GSA will refer it to the ACHP per Stipulation X of this MOA and 478 proceed according to its final determination at the end of that process. 479

480 ii. Determination of Adverse Effect: GSA shall consult with the DCHPO and 481

ACHP to determine the extent of consultation required for projects it 482 determines will result in adverse effects. 483

484 485

486 487 488

A. Emergency and Unanticipated Adverse Effect Situations 489 490

1. Emergency Undertakings 491 492

INSERT TEXT 493 494 1. Unanticipated Adverse Effects 495

496 An unanticipated adverse effect is accidental damage or destruction of a Contributing 497 Building or Landscape Feature at the Site. Should any contributing features be 498 subject to unanticipated adverse effects, GSA shall immediately notify the DCHPO 499 and ACHP. GSA shall ensure that the Signatories and Consulting Parties are notified 500 of the unanticipated adverse effect within one (1) business day of its learning of such 501

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unanticipated adverse effects. GSA shall enter into Consultation in accordance with 502 Stipulation X. 503

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506 507 CASUALTY LOSS 508 GSA shall ensure that, if there is damage to a Contributing Building or Landscape Feature 509 resulting from casualty loss, GSA shall preserve, repair or rehabilitate as appropriate and in 510 accordance with the approved Master Plan, its Design Guidelines, Landscape Preservation 511 Management Plan, and the Secretary’s Standards, unless it is not feasible. If it is not feasible to 512 preserve, repair or rehabilitate as required, GSA shall: 513 514

i. engage in consultation with the Signatories and the Consulting Parties, as 515 appropriate, on alternatives consistent with the Secretary’s Standards; and 516

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ii. bear the cost and expense of construction and/or treatment; and 517 518

iii. if the Signatories and Consulting Parties fail to respond within thirty (30) 519 calendar days, or within an agreed upon timeframe, assume consent to the 520 proposed treatment/alternative. 521

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523 524 V. DISPUTE RESOLUTION 525 526

INSERT TEXT 527 528 VI. AMENDMENTS 529 530

This MOA may be amended when such an amendment is agreed to in writing by all 531 Signatories. The amendment will be effective on the date a copy signed by all of the 532 Signatories is filed with the ACHP. 533

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536 537 VII. TERMINATION 538 539

If any signatory to this MOA determines that its terms will not or cannot be carried out, 540 that party shall immediately consult with the other parties to attempt to develop an 541 amendment per Stipulation X, above. If within thirty (30) days (or another time period 542 agreed to by all Signatories) an amendment cannot be reached, any signatory may 543 terminate the MOA upon written notification to the other Signatories. 544 545 Once the MOA is terminated, and prior to work continuing on the undertaking, GSA must 546 either (a) execute an MOA pursuant to 36 CFR § 800.6 or (b) request, take into account, 547 and respond to the comments of the ACHP under 36 CFR § 800.7. GSA shall notify the 548 Signatories as to the course of action it will pursue. 549 550

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551 552 VIII. ADMINISTRATION OF AGREEMENT 553

554

555 556 IX. EFFECTIVE DATE OF AGREEMENT 557 558

INSERT TEXT 559 560

561 562 X. DURATION OF AGREEMENT 563 564

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This MOA will expire if its terms are not carried out within five (5) years [or specify other 565 appropriate time period] from the date of its execution. Prior to such time, GSA may consult 566 with the other Signatories to reconsider the terms of the MOA and amend it in accordance with 567 Stipulation XYZ below. 568 569

570 571 XI. MISCELLANEOUS 572 573

574 575

576 577 578 579 580 581

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XII. COMMUNICATIONS WITH CONSULTING PARTIES 582 583

584 585

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SIGNATURES 586 587 588 GENERAL SERVICES ADMINISTRATION 589 590 591 By: Date: 592 William B. Bush 593

Assistant Regional Administrator 594 National Capital Region 595

596

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GENERAL SERVICES ADMINISTRATION 597 598

599 By: Date: 600 601

Beth Savage 602 Director, Center for Historic Buildings 603 Federal Preservation Officer 604

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District Of Columbia STATE HISTORIC PRESERVATION OFFICER 605 606 607 By: Date: 608 609 David Maloney 610 State Historic Preservation Officer 611 612

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ADVISORY COUNCIL ON HISTORIC PRESERVATION 614 615 616 By: Date: 617 John L. Nau, III 618 Chairman 619

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NATIONAL CAPITAL PLANNING COMMISSION 621 622 623 By: Date: 624

Marcel C. Acosta 625 Executive Director 626

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DEPARTMENT OF HOMELAND SECURITY 629 630 631 By: Date: 632 Donald G. Bathurst 633 Chief Administrative Services Officer 634 635 636

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638 639

640 641

642 643 Execution of this MOA by the GSA and DCHPO and implementation of its terms evidence that 644 GSA has taken into account the effects of this undertaking on historic properties and afforded the 645 ACHP an opportunity to comment. 646 647 648 XIII. EXHIBIT LIST 649 650 651