VI. OLD BUSINESS a. PROGRAMMATIC AGREEMENT

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10/16/2020 Page 4 2. The City shall keep a written record of the reason why any property 40 years old or older does not appear to meet the criteria. D. If an undertaking may adversely affect a National Historic Landmark, the City shall request the Council and the Secretary of the Interior to participate in consultation to resolve any adverse effects, as outlined in 36 CFR 800.10. III. TREATMENTS A. Properties identified in the inventory as being individually rated Outstanding or Notable, rated Contributing to an identified district or properties that are individually listed or contributing to a listed district, or properties determined to be eligible for inclusion in the National Register by both the City and the Indiana SHPO shall be rehabilitated in accordance with the recommended approaches in the Secretary of the Interior’s Standards for the Treatment of Historic Properties; Guidelines for Rehabilitation of Historic Buildings (Standards and Guidelines for Rehabilitation; National Park Service, 1995; 36 CFR Section 67.7). 1. To ensure conformance with the Standards and Guidelines for Rehabilitation, rehabilitation plans shall be reviewed by a professional, as defined in I, above, before construction begins. 2. When conformance with the Standards and Guidelines for Rehabilitation is ensured, the City shall document that the project will have no adverse effect on historic properties within the project APE and retain documentation in individual project files. 3. The City shall document the property, including photographs, work write-ups/journal, professional review, etc. before work begins and upon completion of the rehabilitation to evidence adherence to the Standards and Guidelines for Rehabilitation. The City shall retain documentation in individual project files. B. When it is determined that a project cannot adhere to the Standards and Guidelines for Rehabilitation or when demolition or relocation of, or any other adverse effect as defined in 36 CFR Part 800.5(a) on a property that meets the National Register criteria is proposed, the City shall apply the Criteria of Adverse Effect in consultation with any American Indian tribe that has attached religious or cultural significance to the identified historic properties, as required by Part II.A. hereof. Upon the City’s conclusion of a Finding of Adverse Effect, or if there is any question as to whether a property may meet the Criteria of Adverse Effect, the City shall consult with the Indiana SHPO and any interested American Indian tribe. 1. If the Criteria of Adverse Effect are met, the City will determine if project activities can be modified to avoid adverse effects. If adverse effects can be avoided through project modification, the City will document that the project will have no adverse effect on historic properties and retain documentation in individual project files.