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Sample Memorandum of Agreement for a Project or Program
In addition to the sample below, see this National Preservation Site:
http://www.npi.org/tools.html
MEMORANDUM OF AGREEMENT
Between
The Department of Veterans Affairs
The _____________ State Historic Preservation Office
and
The Advisory Council on Historic Preservation
WHEREAS, The Department of Veterans Affairs (VA) has determined that
the demolition of Buildings___________, at the Veterans Affairs Medical Center,
_____________, _____________, will have an effect on a property determined eligible for
the National Register of Historic Places; and,
WHEREAS, the VA has consulted with the _____________
State Historic Preservation Officer (SHPO) and determined that the effect is adverse, but
unavoidable in order to provide _________ (veterans/medical center staff) with
_____________________________; and,
WHEREAS, the VA has requested the comments of the
Advisory Council on Historic Preservation (Council) pursuant to Section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. 470f) and its implementing
regulations, "Protection of Historic and Cultural Properties" (36 CFR Part 800);
and,
NOW, THEREFORE, VA, the _____________ SHPO, and the
Council agree that the undertakings shall be implemented in accordance with the following
stipulations in order to take into account their affect on the historic district:
Stipulations
The VA will ensure that the following measures are carried out:
1. The VAMC Director will offer, for a period of not less than 60 days through public
announcement and advertisement, the availability of Buildings _____________ for sale to
any interested individuals, parties, or organizations for one dollar each with removal
from site and relocation. The VAMC will consult with the _____________
SHPO on the targeted publications and contents of the advertisement.
2. VA will have Buildings ______________ recorded so that there will be a permanent
record of their history and appearance. The Historic American Buildings Survey (HABS)
(National Park Service, Department of the Interior, Washington, D.C. 20243, 202-343-9606)
will first be contacted to determine what level of documentation is required. All
documentation must be accepted by HABS for submission to the Library of Congress, and the
SHPO notified of its acceptance, prior to the demolition or removal of the buildings.
Copies of this documentation will be provided to the _____________ SHPO and VAs
Historic Preservation Office.
3. VA will construct the __________ project in accordance with construction
documents/plans dated __________. VA will submit to the SHPO the any significant changes
in the project plans for review and comment. The SHPO will have 30 days from receipt of
the plans to provide VA with comments. If there are concerns that cannot be satisfactorily
resolved between VA and the _____________ SHPO, the project plans will be submitted to the
Advisory Council on Historic Preservation for their review and comment in accordance with
36 CFR Part 800.6.
4. VA will seek to identify planning funds and, when funds are identified and
available, develop and implement a plan for the management of historic, architectural and
cultural resources (termed an Historic Preservation Plan or "Plan") for the
Veterans Affairs Medical Center at _____________, _____________. When the Plan is approved
by the SHPO and the Council, work carried out in accordance with the Plan, will require no
further review by the SHPO or the Council. The Plan will include, but not be limited to
the following: Overview; Site History; Identification, Inventory and Evaluation; National
Register Nomination; Treatment; Maintenance Standards & Schedules; Design Standards;
Phase I Archeological Investigation; and, Compliance Procedures.
Execution of this Agreement and implementation of its
terms evidences that, in accordance with 36 CFR Part 800, VA has afforded the SHPO and the
Council an opportunity to comment on the demolition of historic buildings for the purpose
of constructing _____________ at the VA Medical Center at _____________, _____________,
which is eligible for inclusion on the National Register of Historic Places.
DEPARTMENT OF VETERANS AFFAIRS: _________ HISTORIC PRESERVATION OFFICE:
_________________________________________ ______________________________________
Director, ________ VA Medical Center Date State Historic Preservation Officer [Date]
ADVISORY COUNCIL ON HISTORIC PRESERVATION:
_________________________________________ APPROVED: __________________________
Executive Director Date Chairman Date
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