Loading...
HomeMy Public PortalAbout2020.03.18 13392 Multi Agency MOA -FINAL Excecuted Page 1 of 8 MEMORANDUM OF AGREEMENT Between THE FEDERAL HIGHWAY ADMINISTRATION And THE IDAHO TRANSPORTATION DEPARTMENT And THE IDAHO STATE HISTORIC PRESERVATION OFFICE REGARDING THE RESOLUTION OF ADVERSE EFFECTS TO THE NORTH FORK PAYETTE RIVER BRIDGE (IHSI NO. 85-18004) VALLEY COUNTY, IDAHO KEY NO: 13392 PURPOSE: The Federal Highway Administration (FHWA) has determined that the State Highway 55 (SH-55), North Fork Payette River Bridge project, which is described in Attachment A to this Memorandum of Agreement (MOA), in Valley County, Idaho; will have an adverse effect on the North Fork Payette River Bridge, a property determined to be eligible for listing in the National Register of Historic Places (NRHP). AUTHORITY: FHWA has consulted with the Idaho State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800 regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f), and notified the Advisory Council on Historic Preservation (ACHP) of the adverse effect finding with specified documentation and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii). RESPONSIBILITIES AND PROCEDURES: FHWA, in consultation with the SHPO, has determined that the undertaking's adverse effects cannot be avoided, and that implementation of the treatments set forth in Stipulation I of this MOA will satisfactorily take into account the undertaking’s adverse effects on the historic property. FHWA, Idaho SHPO, and the Idaho Transportation Department (ITD) are signatories (the Parties) to the MOA and all parties agree that the definitions provided at 36 CFR § 800.16 are applicable throughout this MOA. The City of McCall is an invited signatory to the MOA. The Long Valley Preservation Society has participated in the consultation and has been invited to concur in the MOA. FHWA and the SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effects of the undertaking on historic properties, and further agree that these stipulations shall govern the undertaking and all of its parts until this MOA expires or is terminated. The Parties shall ensure that the following stipulations are carried out: Page 2 of 8 I. Treatment of the Historic Property A. Pursuant to the MOA effective May 9, 2015, ITD has completed documentation to an appropriate level (photos, etc.) of the North Fork Payette River Bridge (IHSI No. 85- 18004) in McCall, Valley County. Documentation has been submitted, approved, and accepted by SHPO prior to its removal. Copies of this documentation is available at the SHPO and the local archives designated by SHPO. B. ITD has provided $20,000 to the City of McCall for researching, writing designing, manufacturing, and installing two interpretive signs. The signs address the historical evolution of bridges at this crossing of the North Fork of the Payette River and the work and career of Bridge engineer Charles Kyle. These two interpretive signs are installed at the location(s) determined with SHPO. C. ITD will provide the City with $20,000 to be used at their discretion for improvements to facilities at the Southern Idaho Timber Protective Association site (IHSI No. 85-15355) within one (1) year of filing the signed agreement with the ACHP. Use of the funds shall be coordinated with the SHPO, shall address rehabilitation, repair and/or restoration needs, and shall comply with the Secretary of Interior’s Standards for Rehabilitation. The City will pay back the funds received under this MOA if all tasks are not completed within one (1) year of filing the signed agreement with the ACHP. II. Administrative Provisions A. Confidentiality The Parties to this MOA acknowledge that historic properties covered by this MOA are subject to the provisions of Section 304 of the National Historic Preservation Act of 1966 relating to the disclosure of site information and, having so acknowledged, will ensure that all actions and documentation prescribed by this MOA are consistent with Section 304 of the National Historic Preservation Act of 1966. B. Resolving Objections Should any signatory or concurring party to this MOA object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, FHWA shall consult with such party to resolve the objection. If FHWA determines that such objection cannot be resolved, FHWA will: 1. Forward all documentation relevant to the dispute, including FHWA’s proposed resolution, to ACHP. ACHP shall provide FHWA with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, FHWA shall prepare a written response that takes into account any timely advice or comments regarding the dispute from ACHP, signatories and concurring parties, and provide them with a copy of FHWA’s written response. FHWA will then proceed according to its final decision. 2. If ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, FHWA may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, FHWA shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA, and provide them and ACHP with a copy of such written response. Page 3 of 8 LIMITATIONS: Nothing in this MOA between the Parties shall be construed as limiting or expanding the statutory or regulatory responsibilities of any involved individual in performing functions granted to them by law; or as requiring any entity to expend any sum in excess of its respective appropriation. Each and every provision of this memorandum is subject to the laws and regulations of the state of Idaho and of the United States. Nothing in this MOA shall be construed as expanding the liability of any party. In the event of a liability claim, each party shall defend their own interests. No party shall be required to provide indemnification of the other party. EFFECTIVE DATE: This MOA shall become effective upon its execution by the last signatory and shall remain in effect, unless terminated, suspended, or amended, for a period of two (2) years. METHOD OF TERMINATION: If any signatory determines that the terms of this MOA cannot be or are not being carried out, the signatories shall consult to seek amendment of the agreement. If within thirty (30) days (or another time period agreed to in writing by all signatories) an amendment cannot be reached, any signatory may terminate the MOA after thirty (30) days written notification to the other signatories. If the agreement is not amended, any signatory may terminate it. Once the MOA is terminated, and prior to work continuing on the undertaking, FHWA must either (a) execute an MOA pursuant to 36 CFR § 800.6 or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. FHWA shall notify the signatories as to the course of action it will pursue. AMENDMENTS: If a signatory determines the terms of the MOA cannot be met or that a change is necessary to meet the requirements of the law, that signatory will immediately request that the consulting parties consider an amendment or addendum. Any necessary amendment or addendum will be executed as defined in the 36 CFR 800 regulations. This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP. EXECUTION of this MOA by FHWA and Idaho SHPO, its transmittal to ACHP in accordance with 36 CFR §800.6(b)(1)(iv), and subsequent implementation of its terms, shall evidence, pursuant to 36 CFR §800.6(c), that this MOA is an agreement with ACHP for purposes of Section 110(l) of the National Historic Preservation Act of 1966, and shall further evidence that FHWA has afforded ACHP an opportunity to comment on the undertaking and its effects on historic properties, and that FHWA has taken into account the effects of the undertaking on historic properties. MEMORANDUM OF AGREEMENT Between THE FEDERAL HIGHWAY ADMINISTRATION And THE IDAHO TRANSPORTATION DEPARTMENT And THE IDAHO STATE HISTORIC PRESERVATION OFFICE REGARDING THE RESOLUTION OF ADVERSE EFFECTS TO THE NORTH FORK PAYETTE RIVER BRIDGE (IHSI NO. 85-18004), VALLEY COUNTY, IDAHO KEY NO: 13392 SIGNATORY: FEDERAL HIGHWAY ADMINISTRATION (FHWA) --)7L/00 Ky P. Holman, FHWA-ID Operations Engineer ate Page 4 of 8 MEMORANDUM OF AGREEMENT Between THE FEDERAL HIGHWAY ADMINISTRATION And THE IDAHO TRANSPORTATION DEPARTMENT And THE IDAHO STATE HISTORIC PRESERVATION OFFICE REGARDING THE RESOLUTION OF ADVERSE EFFECTS TO THE NORTH FORK PAYETTE RIVER BRIDGE (IHSI NO. 85-18004), VALLEY COUNTY, IDAHO KEY NO: 13392 SIGNATORY: IDAHO TRANSPORTATION DEPARTMENT (ITD) Caleb Ley, District Engineer (D3) Date Page 5 of 8 MEMORANDUM OF AGREEMENT Between THE FEDERAL HIGHWAY ADMINISTRATION And THE IDAHO TRANSPORTATION DEPARTMENT And THE IDAHO STATE HISTORIC PRESERVATION OFFICE REGARDING THE RESOLUTION OF ADVERSE EFFECTS TO THE NORTH FORK PAYETTE RIVER BRIDGE (IHSI NO. 85-18004), VALLEY COUNTY, IDAHO KEY NO: 13392 SIGNATORY: RIC PRESERVATION OFFICER (SHPO) ricia Canaday, Deputy SHP Page 6 of 8 Date MEMORANDUM OF AGREEMENT Between THE FEDERAL HIGHWAY ADMINISTRATION And THE IDAHO TRANSPORTATION DEPARTMENT And THE IDAHO STATE HISTORIC PRESERVATION OFFICE REGARDING THE RESOLUTION OF ADVERSE EFFECTS TO THE NORTH FORK PAYETTE RIVER BRIDGE (IHSI NO. 85-18004), VALLEY COUNTY, IDAHO KEY NO: 13392 INVITED SIGN ATORY : C ITY OF MCCAL L Page7 of8 MEMORANDUM OF AGREEMENT Between THE FEDERAL HIGHWAY ADMINISTRATION And THE IDAHO TRANSPORTATION DEPARTMENT And THE IDAHO STATE HISTORIC PRESERVATION OFFICE REGARDING THE RESOLUTION OF ADVERSE EFFECTS TO THE NORTH FORK PAYETTE RIVER BRIDGE (IHSI NO. 85-18004), VALLEY COUNTY, IDAHO KEY NO: 13392 CONCURRING PARTY: LONG VALLEY PRESERVATION SOCIETY iesr E;_ .5/6/21mac, Name/Title Date Page 8 of 8