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HomeMy Public PortalAboutORD14700 BILL NO. 2010-34 Passed as Substituted SPONSORED BY COUNCILMAN Struemph CO-SPONSORED BY COUNCILMAN Harvey ORDINANCE NO. / 1�7 J AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROGRAMMATIC AGREEMENT WITH THE STATE OF MISSOURI CONCERNING HISTORIC PRESERVATION CONCERNS AS WELLASAN INTER-GOVERNMENTAL AGREEMENT WITH THE STATE OF MISSOURI CLARIFYING THE PARTIES' OBLIGATIONS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a Programmatic Agreement with the State of Missouri, including the Office of Administration, and the Department of Natural Resources. The form of the agreement shall be substantially in the form as attached hereto as Exhibit A. Section 2. In conjunction with the Programatic Agreement,the Mayor and City Clerk are authorized to execute an Intergovernmental Agreement with the State of Missouri further clarifying the responsibilities of each party. The form of the agreement shall be substantially in the form as attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: 2 L - I W//,, Approv r iding Officer Tj Mayor ATTEST: APPROVED ASATO FORM: r/)�Ml /j City Clerk City t6unselor CZ/ rlwr INTERGOVERNMENTAL AGREEMENT BETWEEN MISSOURI STATE OFFICE OF ADMINISTRATION-DIVISION OF FACILITIES MANAGEMENT DESIGN AND CONSTRUCTION AND THE CITY OF JEFFERSON, MISSOURI RELATING TO THE MISSOURI STATE PENITENTIARY REDEVELOPMENT PROJECT THIS AGREEMENT, made and entered this 1 �day of 2010,by and between the Missouri Office of Administration-Division of F ilities anagement, Design and Construction (hereinafter"FMDC"), and the City of Jefferson, Missouri, a constitutional charter city, (hereinafter"City"), WITNESSETH: WHEREAS, City is the recipient of Community Development Block Grant(CDBG) assistance through the federal Department of Housing and Urban Development(HUD) for demolition in connection with the redevelopment of the Missouri State Penitentiary(MSP) site; and WHEREAS, the State of Missouri owns most of the property constituting the MSP site that will be subject to redevelopment; and the property owned by the State of Missouri is administered by the FMDC; and WHEREAS, in connection with receiving such CDBG assistance, the City is required to assume HUD's environmental responsibilities in accordance with 24 CFR Part 58, including Section 106 of the National Historic Preservation Act, as amended [16 U.S.C. Sec. 470fJ and its implementing regulations, 36 CFR Part 800; and WHEREAS, a Programmatic Agreement, as allowed under 36 CFR Part 800.14(b)(1)(ii), is to be executed by the City, FMDC, Cole County, the Missouri State Penitentiary Redevelopment Commission, the Missouri State Historic Preservation Office and the federal Advisory Council on Historic Preservation, detailing the various parties' responsibilities for compliance with the National Historic Preservation Act and its implementing regulations; and WHEREAS, City and FMDC wish to divide the responsibilities assumed by both of such parties pursuant to the Programmatic Agreement in order that each of such parties shall bear and fulfill the responsibilities assumed pursuant to the Programmatic Agreement with respect to property owned and controlled by that party, respectively; NOW, WHEREFORE, City and FMDC do hereby agree as follows: 1. City and FMDC shall cooperate in order to fulfill the responsibilities assumed by both parties pursuant to the Programmatic Agreement. 2. FMDC shall assume and bear responsibility for all activities required by the Programmatic Agreement with respect to property owned or controlled by the State of Missouri, regardless of the fact that the City may be named in the Programmatic Agreement as being the responsible party, and shall perform the same on behalf of the City or compensate the City upon demand if the City is required to perform any work on behalf of the State, other that that which is funded by the aforesaid grant. In addition to the above, should the City have any fines imposed against it as a result of any obligation under the Programmatic Agreement which the State was required to perform under this agreement, then the State will reimburse the City for any such fine paid as well as any costs of defense. 3. City shall assume and bear responsibility only for activities required by the Programmatic Agreement with respect to property other than property owned or controlled by the State of Missouri and shall perform the same on behalf of the State or compensate the State should the State be required to perform any work on behalf of the City. 4. The respective signatories do hereby affinn that they are authorized to sign this agreement and to bind their respective entities IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the date and year first above written. Divis'on of Facilities Management, Design & Construction By: d Date: Schaeperkoett r, Director City of Jefferson, Missouri 71Z Z By: li ' /G/ C/7/C Date: John L fid ehr Mayo Attest. 1J /Z'I/f Phyllis o v Cif Clerk I Approved as to form: L Nat an Nickolaus, City Counselor PROGRAMMATIC AGREEMENT AMONG MISSOURI STATE OFFICE OF ADMINISTRATION-DIVISION OF FACILITIES MANAGEMENT DESIGN AND CONSTRUCTION, CITY OF JEFFERSON, COLE COUNTY, MISSOURI STATE HISTORIC PRESERVATION OFFICE, MISSOURI STATE PENITENTIARY REDEVELOPMENT COMMISSION, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION FOR THE MISSOURI STATE PENITENTIARY REDEVELOPMENT PROJECT WHEREAS, the City of Jefferson (City) is the recipient of Community Development Block Grant (CDBG) assistance through the Department of Housing and Urban Development (HUD) for the demolition occurring in Phase A of the multi-phased MSP redevelopment, and the City has assumed HUD's environmental responsibilities in accordance with 24 CFR Part 58, including Section 106 of the National Historic Preservation Act, as amended [16 U.S.C. Sec. 4701] and its implementing regulations, 36 CFR Part 800; and WHEREAS, the Missouri State Office of Administration-Facilities Management Design and Construction (FMDC) and the Missouri State Penitentiary Redevelopment Commission (MSPRC) adopted a Master Plan (attached as Appendix A) for the redevelopment of the Missouri State Penitentiary (the project). The City adopted this Plan by Ordinance 414102 and Cole County has considered and approved this Plan; and WHEREAS, the State of Missouri currently owns the property known as the Missouri State Penitentiary (MSP) in Jefferson City, Cole County, Missouri; and the property is currently administered by the FMDC; and WHEREAS, the MSPRC was established by Sections 217.900 to 217.910, RSMo, in order to acquire title to the property historically utilized as MSP and to lease or sell real property to developers who will utilize the property consistently with the Master Plan: and WHEREAS, the City plans to carry out the project, thereby making the project an undertaking as defined by 36 CFR Part 800.16(y): and WHEREAS,the Area of Potential Effect has been determined to be the area bounded on the west by Lafayette Street and the northerly projection of Lafayette Street extending to the Missouri River; on the north by the Missouri River; on the east by the eastern property line of the MSP property, said line being located approximately along the northerly projection of Pierce Street extending to the Missouri River; on the south by Riverside Drive, Water Street and Capitol Avenue; and WHEREAS, the City has determined that the project may have an adverse effect on the MSP, which is eligible for listing in the National Register of Historic Places, and has consulted with the Missouri State Historic Preservation Office (SHPO) pursuant to 36 CFR Part 800; and WHEREAS, since the project effects cannot be fully determined at this time, a Programmatic Agreement, as allowed under 36 CFR Part 800.14(b)(1)(ii) needs to be executed; and WHEREAS, the City and FMDC have contacted federally-recognized Tribes, as listed in Appendix B. for which the MSP may have religious and cultural significance, and have invited the Tribes to sign this Programmatic Agreement (PA) as concurring parties; and WHEREAS, the City provided information to and sought feedback from the public regarding the MSP redevelopment and Master Plan in the various ways, including a press conference conducted by the Missouri Commissioner of Administration Kelvin Simmons on December 30, 2009 at which the MSP redevelopment was announced, discussed and detailed; public meetings of the MSPRC on March 24, April 28 and May 26, 2010 at which the MSP redevelopment was discussed at length; a public open house conducted on March 4, 2010 providing the public information concerning aspects of the MSP redevelopment; public deliberations of both the City Council and the Cole County Commission after which the MSP Master Plan was approved; and public consideration, approval and acceptance of the HUD grant by the City Council for demolition of buildings on the MSP site on April 19, 2009; and WHEREAS, another Federal agency that provides permitting or financial assistance to this Project may satisfy its own Section 106 compliance responsibilities by accepting and complying with the tern-is of this Agreement; and WHEREAS, redevelopment of the Missouri State Penitentiary property may involve other yet unidentified parties as necessary planning, design, financing and permits occur and are obtained, which may later be invited to join this Agreement either as parties or concurring parties; and WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), the City has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination providing the specified documentation, and the ACHP has decided to participate in the consultation to resolve adverse effects; NOW, THEREFORE, FMDC, MSPRC, the City, Cole County, SHPO and the ACHP agree that future redevelopment of the MSP property shall be administered in accordance with the following stipulations to take into account the effect of the undertaking on historic properties: STIPULATIONS The City shall ensure that the following measures are carried out: 1. Qualifications of Personnel a. All personnel designated to oversee the fulfillment of the stipulations of this Agreement must meet the Secretary of the Interior's Professional Qualifications Standards outlined in 36 CFR Part 61, Appendix A (also found as Appendix C of this document), or attend a minimum of one (1) annual Section 106 training session, as provided or agreed to by SHPO. b. The signatories must notify SHPO of the personnel responsible for overseeing this Agreement and will notify SHPO when there is a change in personnel. In such event, signatories and SHPO shall meet to review the terms, conditions and implementation of this Agreement. c. When conditions dictate, signatories will ensure that appropriate qualified professionals who at minimum meet the Secretary of the Interior's Professional Qualifications Standards at 36 CFR Part 61, Appendix A are contracted with or retained to carry out specific stipulations. Signatories will make the professional's resume and contact information available to SHPO upon request. d. The Department of Natural Resources maintains a"List of Qualified Professionals" that meet the Secretary of the Interior's Professional Qualifications Standards and SHPO shall make the list available to signatories upon request. II. Recordation For any building or structure proposed for demolition, documentation on condition of the property and setting shall be prepared and submitted to SHPO as follows: a. Photographs and docmnentation as described above for specific buildings and structures proposed for demolition shall be supplemented with available drawings and other building historical documents, to the extent that such drawings and documents are currently in FMDC's possession; and include a descriptive narrative for each structure. To the extent available, such documents shall be of the quality established for conformance with HABS level II documentation and formatting consistent with National Register of Historic Places nominations. b. Photographs and documentation submitted shall be reviewed and commented on by SHPO within 30 days of receipt; and any party submitting documentation shall seek to address SHPO comments in a subsequent submission. c. Copies of the documentation shall be provided to SHPO and the State Archives. d. FMDC, City, Cole County, MSPRC and SHPO intend to cooperate in the preparation of a nomination of the MSP to the National Register of Historic Places. FMDC, City, Cole County, MSPRC and SHPO will seek to prepare a nomination of the site for inclusion in the Register with the goal that a draft nomination be submitted to SHPO with a target date of January 2011 for its review and comment with the intention that the nomination be considered by the Missouri Advisory Council on Historic Preservation at its scheduled meeting in May, 2011. This target date may be modified with the consent of the parties. e. The propose of the documentation shall be for the recordation of the MSP site and structures for potential future nomination to the National Register of Historic Places. f. In the event that such a nomination occurs and subject to the availability of funds appropriated specifically for such purpose, FMDC shall retain a 36 CFR Part 61, Appendix A qualified historian/architectural historian to complete the nomination to the National Register of Historic Places of the MSP. 111.Archaeological Surveys and Treatment The City and/or FMDC shall contract with a qualified archaeologist to conduct an archaeological survey of the MSP grounds, prior to any substantial ground disturbing activities associated with project activities with the exception of those areas already determined, with concurrence of SHPO, not to have a potential for archaeological resources. Remote sensing may be utilized. The City and/or FMDC shall notify the SHPO and request an opinion of the potential existence of archaeological resources. The SHPO will respond within thirty (30) working days from receipt of submission, unless the SHPO requests additional information. If a reasonable potential for archaeological resources exists, an archaeological assessment of the affected area will be carried out in consultation with the SHPO. If archaeological resources are found which meet the National Register criteria, they will be avoided or preserved in place, whenever feasible. When this is not feasible, the SHPO will be consulted and a data recovery plan consistent with the Council's handbook "Treatment of Archaeological Properties" and approved by the SHPO will be developed and implemented. IV.Activities Exempt from Further Review The following actions have limited or no potential to effect historic properties as long as the work is done in conformance with the Standards, and therefore are exempt from further review or consultation with SHPO or ACHP under this agreement. For the purpose of this Agreement, "in-kind" replacement/repair is defined as a replacement action or repair that uses materials that match the original material in terns of composition, appearance, dimension, detailing and durability. In addition, to the extent practicable, original materials will be preserved and reused for in-kind replacement/repair. a. Site Work - as long as an approved archaeological investigation report has been reviewed and approved by SHPO and the action is within a zone with no archaeological concerns. i. In-kind replacement/repair of: 1. concrete, masonry or stone retaining walls, steps, driveways, curbs, and gutters within the existing footprint 2. city streetlights, signs, traffic lights, transportation shelters, or street furniture ii. Replacement/repair of: Rehabilitation that does not meet the definition of exempt activities below of the i contributing buildings within the MSP Historic District shall be in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties (Standards) and the Master Plan. As individual buildings and/or projects implementing the Master Plan are undertaken, documentation shall be provided to the SHPO at the earliest planning stage. SHPO shall review and comment on the conformance of each project to the Standards. The SHPO will respond to FMDC submissions within 30 days of receipt of the project, unless the SHPO requests information. SHPO comments shall be incorporated into the plans for rehabilitation whether conducted by FMDC, the City or a private developer, If the proposed rehabilitation is determined by the SHPO to not meet the Standards, the project shall be determined to have an adverse effect and the programmatic agreement will no longer apply therefore the process outlined in 36 C.F.R. Part 800.5- 7 shall apply. VI.New Construction and Reconstruction New construction or reconstruction shall be designed in conformance with the Standards and the Master Plan. Copies of all new construction or reconstruction projects shall be submitted to the SHPO for review and comment within 30 days of receipt of the project, unless the SHPO requests information. Should the proposed new construction or reconstruction be determined by the SHPO to not meet the Standards,the project shall be determined to have an adverse effect and the programmatic agreement will no longer apply therefore the process outlined in 36 C.F.R. Part 800.5-7 shall apply. VII. Public Participation a. State recipients shall share infornation about identification of historic properties, as appropriate, at public hearings and in public notifications. b. State recipients shall seek and consider the views of the public in a manner that reflects the nature, magnitude and complexity of the redevelopment master plan, development standards and design guidelines and its effects on historic properties, the likely interest of the public in the effects on historic properties and the potential for controversy, confidentiality concerns of private individuals, Tribes and businesses, and other state and federal agency involvement. c. State recipients shall give due consideration to the views of local historic preservation commissions, Tribes, and other groups or individuals known to be interested in historic resources in the area affected by the redevelopment master plan, development standards and design guidelines. State Recipients shall provide information upon request to SHPO and/or ACHP of members of the public or Tribes known to have an interest in an undertaking covered under the terms of this Agreement. V11I. Objections from Tribes and the Public At any time during implementation of an undertaking covered by this Agreement, should an objection be raised by a Tribe or member of the public, the State recipient shall give appropriate consideration to the objection and consult as needed with the objecting party, SHPO and/or ACHP to resolve the objection. IX.Technical Assistance Nothing in this Agreement shall be construed as meaning that the City or FMDC cannot request the advice, council, or assistance of SHPO or ACHP at any time. X. Coordination with Other Federal Funding Another Federal agency that provides pennitting or financial assistance to this Project may satisfy its own Section 106 compliance responsibilities by accepting and complying with the terms of this Agreement. The Federal agency shall notify the City, FDMC, MSPRC, SHPO and ACHP in writing of its intent to adhere to this Agreement in lieu of completing a separate Section 106 review. XI.Duration This Agreement will continue in full force and effect for five (5) years from the date all signatories have signed the Agreement. At any time in the six-month period prior to the Agreement's expiration, any party to this Agreement may request the other parties to extend the Agreement for five (5) more years, provided the request is made in writing and that all parties agree. X1I. Unanticipated Discoveries The City and / or FMDC shall include the following provisions in construction documents for all construction activities on the MSP site: 1. In the event that human remains or a previously unidentified archeological resource is discovered during ground disturbing activities, the City and / or FMDC shall notify SHPO. Within forty-eight (48) hours of the discovery, the City and / or FMDC shall also notify Indian tribes that might attach religious and cultural significances to the affected property. All construction work involving subsurface disturbance will be immediately halted in the area of the resource and in the surrounding area where further subsurface remains can reasonably be expected to occur pursuant to Sections 194.400-410, RSMo. 2. The City and / or FMDC and SHPO, or an archeologist possessing the qualifications described in Section I, will immediately inspect the work site and determine the area and nature of the affected discovery or archeological resource. Appropriate steps shall be taken to secure the resource. Construction may then occur in the project area outside the affected resource upon notification to SHPO. 3. In the event human remains are encountered and are likely to be of Native American origin, all reasonable efforts will be made to avoid disturbing the remains and any artifacts pursuant to Sections 194.400-410, RSMo. To the extent possible, the public will be excluded from viewing the remains or artifacts and no photographs will be released to the public or news media. 4. The City and / or FMDC, after consultation with SHPO, will determine the National Register eligibility of the archeological site. If SHPO concurs that the resource is eligible for the National Register, the City and / or FMDC shall consult with SHPO to resolve adverse effects pursuant to 36 CFR Part 800.6. XIII. Monitoring and Reporting a. The SHPO or the ACHP may monitor activities carried out pursuant to this Agreement. The City shall cooperate with SHPO or the ACHP in carrying out their monitoring and review responsibilities. The City shall make project information under this Agreement available as necessary. b. Compliance with the terms of this Agreement shall be documented by the City through recordkeeping, and shall include copies of photographs and the location map of the Project. Records will be made available to SHPO and the ACHP for monitoring compliance as necessary. c. Appendix D contains the addresses of all signatories. XIV. Dispute Resolution Should any signatory to this PA object at any time to any actions proposed or the manner in which the terms of this Agreement are implemented, the City shall consult with such party to resolve the objection. If the City determines that such objection cannot be resolved, the City will: a. Forward all documentation relevant to the dispute, including the City's proposed resolution, to the ACHP. The ACHP shall provide the City 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, the City shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. The City will then proceed according to its final decision. b. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, the City may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the City shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to this Agreement, and provide them and the ACHP with a copy of such written response. c. The responsibilities of the parties to carry out all other actions subject to the terms of this Agreement that are not the subject of the dispute remain unchanged. XV. Amendments This Agreement 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. XVI. Termination If any party to this Agreement determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation XVI. If within thirty(30) days an amendment cannot be reached, any signatory may terminate the Agreement upon written notification to the other signatories. In the event of termination, and prior to work continuing on the Project, the City will comply with 36 CFR Parts 800.3 through 800.6 with regard to any undertakings heretofore covered by this Agreement. Execution and implementation of this Agreement evidences that the parties have taken into account the potential effects of the project on historic properties and have afforded the ACHP an opportunity to comment. Signed: Divisio ofFacilitieesskj-)4m4ii�-Management, Design & Construction By: Dat e: f 4 0 / 0 Je chaeperkoetter, Director Missouri State Penitentiary Redevelopment Commission By: 'W-t€ C Aid Date: k° Daniel K. Carr, Chairperson Missouri State Historic Preservation Office r� By: I6'�t 4 Date: Mark Templeton, State Historic Preservation Officer City of Jefferson, Missouri By: %� Date: 7 CC, John ndwehr May9r,-- ; AtCest�- Phyllis Powell, JIA'eO5��k Approved as to form: Nathan N ickolaus, City Counselor COUNTY OF Cole, Missouri Date: Marc H. E Inge Presidin Co fission Attest: Marvin egister, ./Cmi le k Advisory Council on Historic Preservation By: iGG- C�ZJr�V�G�— Date: 40 Title: APPENDIX A The MSP Redevelopment Commission Master Plan can be found on the Internet at httirl(oaimo.sov/fnuic(do/_ r !m prnd_html A copy of this plan is also attached to this Appendix in compact disc fonnat. APPENDIX B List of Tribes Notified Absentee-Shawnee Tribe of Indians of 918/456-0671, ext. 5466 (phone) Oklahoma 918/456-6485 (fax) THPO Cheyenne&Arapaho Tribes of Oklahoma Mr. Scott Miller, Governor Mr.Dan LittleAxe, Lieutenant Governor Mr. Darrell Flyingman, Governor P.O. Box 38 Ms. Karen Kaniatobe Concho, Oklahoma 73022 Tribal Historic Preservation Officer 405/262-0345 (phone) kkaniatobePastribe.com 405/422-1184 (fax) 2025 South Gordon Cooper Drive Mr, Gordan Yellowman, NAGPRA Shawnee, Oklahoma 74801 P.O. Box 137 405/275-4030 (phone) Concho, Oklahoma 73022 405/878-4533 (fax) 405/262-4794(phone) Caddo Nation Chickasaw Nation of Oklahoma THPO Mr. Bill Anoatubby, Governor Ms. LaRue Parker, Chairwoman 580/272-5325 (main phone) 405/272-5327 (fax) Mr. Bobbie Gonzalez, NAGPRA Ronzalez730052yahoo.corn Kirk Perry, Administrator Division of Policies and Standards Robert Cast,Tribal Historic Preservation Officer 580/272-5323 (phone) Preservakgn-@caddon@tion--nsn.gov kirk.perry @chickasaw.net 405/656-2344 (phone) Amber Jarrett, Exe Assistant 405/656-2892 (fax) 580/272-5325 (phone) am be r.larrett@chicl<a saw,net P.O. Box 487 Binger, Oklahoma 73009 Julie Ray, Preservation & Repatriation Manager 405/656-2344 (phone) 580/559-0817 (phone) 405/656-2892 (fax) julie.raV@chicl<asaw.net Cherokee Nation Ms. Gingy Nail, Historic Preservation Officer 580/332-8685 (phone) Mr. Chad Smith, Principal Chief Pingv.nail(a�chicl:asaw.net Dr. Richard Allen, NAGPRA P.O. Box 1548 Ada, Oklahoma 74821-1548 P.O. Box 948 Tahlequah, Oklahoma 74465 Choctaw Nation of Oklahoma THPO Somier Harris, NAGPRA Assistant Mr. Gregory E. Pyle, Chief 2 Miles North of Anadarko on Hwy. 281 P.O. Box 825 Mr. Terry Cole, NAGPRA Andarko, Oklahoma 73005 405/247-2448 (phone) 580/924-8280 (phone) 405/247-9393 (fax) 580/931-7830 (cell) 580/920-3181 (fax) Eastern Shawnee Tribe of Oklahoma tcole Pchoctawnation.com Ms. Glenna Wallace, Chief P.O. Drawer 1210 P.O. Box 350 16`h & Locust Street Seneca, Missouri 64865 Durant, Oklahoma 74702 Ms. Robin Dushane Citizen Potawatomi Nation Cultural Preservation Director THPO radushang@gniail.com 918/666-2435, ext. 247 (office) Mr. John A. "Rocky" Barrett,Jr. 918/801-6677 (cell) Tribal Chairman Tribal Historic Preservation Officer 127 West Oneida P.O. Box 350 Ms. Karen Phillips Seneca, Missouri 64865 Office of Tribal Historic Preservation 1601 S. Gordon Cooper Drive Forest County Potawatomi Community of Shawnee, Oklahoma 74801 Wisconsin Potawatomi Indians, Wisconsin 405/275-3121 Mr. Philip Shopodock. Chairperson Mr.Jon E. Boursaw jboursaw(a potawatomi.org P.O. Box 340 Cultural Heritage Center Crandon, Wisconsin 54520 715/478-7475 (phone) Stacy S. Pero 715/478-7482 (fax) sr)ero@pgLawatomi.org Tribal Museum Gun Lake Potawatomi 1899 S. Gordon Cooper Drive Mr. David K. Sprague, Chairman Shawnee, Oklahoma 74801 P.O. Box 218 405/878-5830 (phone) Door, Michigan 49323 405/878-5840 (fax) Hannahville Indian Community of Michigan Delaware Nation Mr. Kenneth Meshigaud,Chairman Kerry Holton, Nation President N14911 H. B-1 Rd. Wilson, Michigan 49845 Ms.Tamara Francis, NAGPRA Director e-mail tfrancis(@delawarenation.com 906/466-0306 (phone) Robert Fields, Historic Preservation Ho-Chunk Nation of Wisconsin 405/547-5433 THPO hfields a iowanatiort.or Mr. Wilfrid Cleveland, President R.R. 1, Box 721 Perkins,Oklahoma 74059-9599 William Quackenbush 405/547-2402 (phone, general) Tribal Historic Preservation Officer 405/547-5294 (fax) Mr. Larry Garvin, NAGPRA Representative Jena Band of Choctaw Indians Cultural Resources Division P.O. Box 667 Ms. Christine Norris,Tribal Chief Black River falls,Wisconsin 54615 715/284-9343 Ms. Lillie Strange, Environmental Department P.O. Box 14 Huron Potawatomi Nation Jena, Louisiana 71342-0014 318/992-2717 (phone) Ms. Laura W. Spurr, Chairman 318/992-8244 (fax) Ms. RoAnn Beebe-Mohr, NAGPRA Kaw Nation 2221-1 %: Mile Road Fulton, Michigan 49502 Mr.Guy Munroe, Chairman 616/729-5151 (phone) 616/729-5920 (fax) NAGPRA position Iowa Tribe of Kansas and Nebraska Ms. Betty Durkee,tribal historian bdurl< e(�I<awnation.com Mr. Leon Campbell, Chairman and Section 106 contact Drawer 50 Kaw City, Oklahoma 74641 33458 Thrasher Road 580//269-2552 (phone) White Cloud, Kansas 66094 580/269-1161 (fax) 785/236-0090 (phone) 1-866-404-5297 (toll free) 785/595-6610 (fax) Kialegee Tribal Town of the Creek Nation of Mr. Patt Murphy, NAGPRA Representative Oklahoma Iowa Tribe of Kansas& Nebraska Mr. Gary Bucktrot, Town King 206 South Buckeye Avenue Abilene, Kansas 67410 Ms. Melissa Harjo 785/263-0090 (phone) P.O. Box 332 785/263-7453 (fax) 108 North Main indart@access-one.com Wetumka, Oklahoma 74883 405/452-3262 (phone) Iowa Tribe of Oklahoma 405/452-3413 (fax) Ms. Christie Modlin, Chair Kickapoo Traditional Tribe of Texas Mr. Raul Garza ,Chairman 918/542-1445 (phone) HC 1, Box 9700 918/542-7260 (fax) Eagle Pass,Texas 78852 830/773-2105 (phone) Muscogee (Creek) Nation of Oklahoma 830/757-9228 (fax) Mr.A. D. Ellis, Principal Chief Kickapoo Tribe in Kansas Mrs.Joyce A. Bear, NAGPRA Mr. Steve Cadue, Chair 918/756-8700, ext. 603 (phone) 918/756-2911 (fax) Nellie Cadue, NAGPRA Director preservation @muscogeenation-nsn.nov . 1107 Gold Finch Road P.O. Box 580 P.O. Box 271 Okmulgee, Oklahoma 74447 Horton, Kansas 64439 785/486-2601, ext. 5 (phone) Omaha Tribe of Nebraska & Iowa 785/486-2801 (fax) Mr. Ansley Griffin, Sr., Chairman Kickapoo Tribe of Oklahoma NAGPRA Mr. Marlon Frye, Chairman Environmental Protection Department omaharedman@yahoo.com Mr. Kent Collier, NAGPRA P.O. Box 70 402/846-5166 McCloud, Oklahoma 74851 P.O. Box 368 405/964-2075 (phone) Macy, Nebraska 68039 405/964-2745 (fax) Osage Nation Miami Tribe of Oklahoma THPO Mr.Jim Gray, Principal Chief Mr. Thomas E. Gamble, Chief Dr. Andrea A. Hunter Tribal Historic Preservation Officer Mr. George Strack 627 Grandview Tribal Historic Preservation Officer P.O. Box 779 Rstrack(@miamination.com Pawhuska, Oklahoma 74056 918/287-5671 918/542-1442 (phone) ahunter @osaRetri6e.ore 918/542-7260 (fax) 317/625-1288 (cell) Otoe-Missouria Tribe of Oklahoma Ms.Julie Olds, Cultural Preservation Officer Mr.John R. Shotton, Chairman ilolds @miamination.com Mr. Charles J. Moncooyea,Vice Chairman Joshua Sutterfield Baptiste Shunatona, Treasurer P.O. Box 1326 Miami, Oklahoma 74355 Richard Goulden, Historic Preservation, ext. 113 P.O. Box 180 Rgouldenomtribe.or Dowagiac, Michigan 49047 580/723-4466 (phone) 616/782-8988 (phone) 580/723-4273 (fax) Matthew.Wesaw@pol 000n.conn 8151 Highway 177 Ponca Tribe of Indians of Oklahoma Red Rock, Oklahoma 74651 Mr. Doulgas G. Rhodd, Chairman Pawnee Nation of Oklahoma Delbert Cole, NAGPRA Mr. George E. Howell, President 580/762-5818 Pawnee Nation Business Council wanze sa6e @hotmaif.com 881 Little Dee Drive 20 White Eagle Drive Pawnee, Oklahoma 74058 Ponca City, Oklahoma 74601 918/762-3621 580/762-8104 (phone) 580/762-2743 (fax) Mr. Francis Morris Repatriation Program Coordinator Ponca Tribe of Nebraska 918/762-3624, ext. 15 THPO pawneeodyssey( yahoo.corn Mr. Larry Wright,Jr., Chairman Ms.Alice Alexander P.O. Box 288 Tribal Historic Preservation Officer Niobrara, Nebraska 68760 Repartiation Program Administrative 402/857-3391 (phone) Assistant 402/857-3436 (fax) 881 Little Dee Drive Pawnee, Oklahoma 74058 Gary Robinette 918/762-3624, ext. 14 (phone) Tribal Historic Preservation Officer Director of Cultural Affairs Peoria Tribe of Oklahoma 6aryr @ooncatribe-ne.orR Mr.John P. Froman, Chief P.O. Box 288 P.O. Box 1527 Niobrara, NE 68760 Miami, Oklahoma 74355 402/857-3519 (phone) Jfrornin@peoria.com 402/857-3652 918/540-2535 (phone) 918/540-2538 (fax) Rick Wright Norfolk, NE 68701 Mr. Emmett "Bud` Ellis, NAGPRA Bevrick @cableone.net 6435 S. Quebec Avenue Tulsa, Oklahoma 74136 918-494-7678 or cell 918-693-3482 Prairie Band of Potawatomi Indians bbellis2@sbcelobal.net Mr. Steve Ortiz,Tribal Chairman Pokagon Band of Potawatomi Indians of 16281 Q Road Michigan Mayetta, Kansas 66509 785/966-4000 (phone) Mr. Matthew Wesaw,Tribal Chairman 785/966-4002 (fax) Mr.Johnathan Buffalo, Historic Preservation Quapaw Tribe of Oklahoma Coordinator jl6uffalo@meskwal<.i.orh Mr.John Berrey, Chairman P.O. Box 765 349 Meskwaki Road Quapaw, Oklahoma 74363 Tama, Iowa 52339 918/542-1853 (phone) 641/484-4678 (phone) 918/542-4694 (fax) 641/484-5424 (fax) Ms. Carrie V. Wilson, NAGPRA Shawnee Tribe Archaeological Survey 2475 N. Hatch Mr. Ron Sparkman, Chairman Fayetteville,Arkansas 72704 479/442-7576(phone) NAGPRA Representative 479/601-7991 (cell) P.O. Box 189 e-mail nappra.106@earthlink,net Miami,Oklahoma 74355 918/542-2441 (phone) Sac and Fox of the Missouri in Kansas and Nebraska Thlopthlocco Tribal Town Ms. Fredia Perkins, Chairwoman Charles Coleman, Town King Ms. Deanne Bahr, NAGPRA Thlopthlocco Tribal Town deannbahr@yahoo.corn P.O. Box 38 Okemah, Oklahoma 74859 305 North Main 918/560-6198 (phone) Reserve, Kansas 66434 chascoleman @orodiay.net 785/742-7471 (phone) 785/742-3785 (fax) United Keetoowah Band of Cherokee Indians of Oklahoma Sac and Fox Nation of Oklahoma Mr. George Wickliffe, Chief George Thurman, Principal Chief Lisa Stopp,Tribal Historic Preservation Office Ms. Sandra Kaye Massey, Cultural Resources Istopp @unitedkeetoowahband.org 918/968-3526 smassev@sacandfoxnation-nsn.aov P.O. Box 746 Tahlequah, Oklahoma 74457 Route 2, Box 246 918/822-1952 (phone) 918/431-9998 Stroud, Oklahoma 74079 918/431-1873 (fax) 918/968-3526 (phone) 918/968-4837 (fax) Winnebago Tribe Sac and Fox Tribe of the Mississippi in Iowa Mr.John Blackhawk, Chairman P.O. Box 687 Mr. Adrian Pushetonqua, Chairman Winnebago, Nebraska 68071 402/878-2272 (phone) 402/878-2963 (fax) r Wyandotte Nation THPO Mr. Leaford Bearskin, Chief Ms. Sheri Clemons Tribal Historic Preservation Officer 919/679-2297, Ext. 244 918/678-2944 (fax) sclemons ev andotte.orp Ms. Kathleen A. Welch 918/678-2297, Ext. 235 kwelch @wya ndotte.o ra 918/678-2944 (FAX) 64700 East Highway 60 Wyandotte, Oklahoma 74370 APPENDIX C Professional Qualification Standards In the September 29, 1983, issue of the Federal Register(48 FR 44716),the National Park Service published the following Professional Qualification Standards as part of the larger Secretary of the Interior's Standards and Guidelines for Archeologv and Historic Preservation. These Professional Qualification Standards are in effect currently. Since 1983, the National Park Service has not issued any revisions for effect, although the National Park Service is in the process of drafting such revisions. The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CPR Part 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field: or a bachelor's degree in history or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archeology The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one year of fill-time professional experience or equivalent specialized training in archeological research, administration or management; 2. At least four months of supervised field and analytic experience in general North American archeology; and 3. Demonstrated ability to carry research to completion. i In addition to these minimum qualifications,a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. Architectural History The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation,or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: 1. At least two years of full-time experience in research,writing,or teaching in American architectural history or restoration architecture with an academic institution, historical. organization or agency,museum,or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: 1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. i APPENDIX D FMDC: Division of Facilities Management, Design and Construction 730 Harry S Truman State Office Bldg., PO Box 809 Jefferson City, MO 65102-0809 SHPO: Review and Compliance State Historic Preservation Office Missouri Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102-0176 MSPRC: Missouri State Penitentiary Redevelopment Commission c/o Division of Facilities Management, Design and Construction 730 Harry S Truman State Office Bldg., PO Box 809 Jefferson City, MO 65102-0809 City of Jefferson: Assistant to the City Administrator John G. Christy Municipal Building 320 E. McCarty Street Jefferson City, MO 65101 Cole County: Presiding Commissioner Cole County Commission 301 East High Street Jefferson City, MO 65101 ACHP: Advisory Council on Historic Preservation Old Post Office Building, Suite 809 1100 Pennsylvania Avenue,N W Washington, DC 20004