VII. NEW BUSINESS b. PROGRAMMATIC AGREEMENT

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10/3/2019 Page 2 WHEREAS, the City has determined that certain activities funded by the HUD Programs may have an effect on properties included in or eligible for inclusion in the National Register of Historic Places (Historic Properties) pursuant to 36 C.F.R. Section 800.14 of the regulations implementing Section 106; and WHEREAS, in accordance with 36 C.F.R. § 800.14(b)(3), the City has notified the Advisory Council on Historic Preservation (ACHP) and invited the ACHP to participate in the development of this Agreement and the Council has declined to participate in consultation for this Agreement; and WHEREAS, the City has invited federally-recognized American Indian tribes listed in Exhibit A to comment and/or consult in the development of this Agreement, in recognition of the unique government-to-government relationship between the Federal government and federally- recognized American Indian tribes and all those tribes who commented are invited to participate in this agreement as invited signatory parties; and WHEREAS, this agreement is not applicable to undertakings located in tribal lands subject to the purview of a Tribal Historic Preservation Officer (THPO) pursuant to Section 101(d)(2)(D)(iii); and WHEREAS, the City will continue to conduct outreach and will actively seek and request the comments and participation of Indian tribes that attach religious and cultural significance to historic properties that may be affected by Undertakings funded under the terms of this Agreement; and WHEREAS, the City acknowledges that Indian tribes possess special expertise in assessing the National Register eligibility of properties with tribal religious and cultural significance; and WHEREAS, the City has consulted with the entities listed in Exhibit C in the development of this Agreement, and invited those parties to be concurring parties to this Agreement; and WHEREAS, the City has invited the public to consult on the development of this Agreement in the following ways: a notice of availability of the proposed Agreement and of a public hearing, as well as solicitation to comment, was published in the local newspaper of highest circulation and the local Spanish-language newspaper; and the proposed Agreement was made available in the City’s Department of Community Investment and on the City’s website. NOW, THEREFORE, the City, the Indiana SHPO, and the HPC agree that the HUD Programs covered by this Agreement shall be administered in accordance with the following stipulations to satisfy the Section 106 responsibilities of the City for all individual undertakings of the program. STIPULATIONS The City shall ensure that the following measures are carried out: I. PERSONNEL The City shall ensure that all historic preservation work carried out pursuant to this Agreement is performed by or under the direct supervision of a person or persons meeting at least the minimum qualifications for a professional in architecture, architectural history, or a related preservation field, as specified in the Secretary of the Interior’s Professional Qualifications Standards (36 CFR Commented [KDM1]: “Programmatic Agreement” has already been abbreviated in paragraph one.