VI. OLD BUSINESS a. PROGRAMMATIC AGREEMENT

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10/16/2020 Page 3 retained by the City to perform historic preservation work. The City shall advise the Indiana SHPO in writing of all professional personnel selected to perform the historic preservation work and provide personnel qualifications. In the event the professional changes, the City shall notify the Indiana SHPO in writing of the change and submit the qualifications of the personnel selected to perform the historic preservation work using the appropriate form found on the Qualified Professionals section of the Indiana SHPO’s website at http://www.in.gov/dnr/historic. If the City does not have a qualified professional in place or does not utilize a qualified outside consultant, then the City will comply with 36 CFR Sections 800.3 through 800.7 with regard to individual undertakings covered by this agreement. II. IDENTIFICATION OF HISTORIC PROPERTIES A. The City shall define the Area of Potential Effects (APE) for each undertaking and, in consultation with any American Indian tribes that have indicated an interest in the lands encompassing the APE, identify historic properties within the APE that may be affected by the project. The APE means the geographic area or areas within which an undertaking may directly or indirectly cause changes in the character or use of historic properties, if any such properties exist. The APE is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by the undertaking (see 36 C.F.R § 800. 16[d] for further guidance). B. In the course of conducting project reviews, the City shall note and continue to update the existing or current Indiana Historic Sites and Structures Inventory (IHSSI) for St. Joseph County and the IHSSI for the City of South Bend in consultation with the Indiana SHPO and according to the Secretary of the Interior’s Standards and Guidelines for Identification and Evaluation: (Standards and Guidelines for Identification and Evaluation; (48 FR 44720-26). Please note that, when available, the State Historic Architecture and Archaeological Research Database (SHAARD) should be used in place of the Interim Report book version of the IHSSI. Access to SHAARD is available through the Indiana SHPO’s website. Updates to the inventory shall be provided in an annual report by the City to the Indiana SHPO as required by Stipulation IX. C. For projects involving properties that are not identified in the inventory but are 40 years old or older, the City shall apply the National Register of Historic Places (National Register) Criteria for Evaluation (36 CFR Section 36.6) to determine those properties’ eligibility for inclusion in the National Register, and follow the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716-42). If there is any question as to whether a property may meet the criteria, the City shall submit documentation to the Indiana SHPO for evaluation. If the City disagrees with the opinion of the Indiana SHPO, the City shall request a determination of eligibility from the Secretary of the Interior in accordance with applicable National Park Service regulations. 1. To ensure application of the criteria for evaluation, properties that are not identified in the survey, but are 40 years old or older, shall be evaluated by a professional as defined in Stipulation I.