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Office of Construction & Facilities Management:
Historic Preservation

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 VA’s 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