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The Federal Emergency Management Agency (FEMA), via a letter from the Department of Homeland Security (DHS) dated March 25, 2010, advised the Advisory Council on Historic Preservation (ACHP) of its interest in developing a prototype programmatic agreement (PA) in accordance with 36 CFR §800.14(b)(4), the regulations implementing Section 106 of the National Historic Preservation Act (NHPA), “Protection of Historic Properties” (36 CFR Part 800). When a federal agency proposes to develop a prototype programmatic agreement, the agency may develop and execute the agreement with the appropriate State Historic Preservation Office (SHPO), Tribal Historic Preservation Office (THPO) and Native Hawaiian Organization (NHO) without the need for the ACHP participation in consultation or ACHP signature. Upon the adoption of a prototype PA, FEMA will have a nationwide framework for expediting Section 106 compliance and the flexibility to address specific Tribal, NHO, and State issues and concerns. FEMA’s goal is to consult with SHPOs and tribes and have a final prototype PA submitted to the ACHP in the Fall of 2010.

During the last week of May 23rd and the week of June 6th, the ACHP will host several listening sessions with the SHPOs and tribes to identify and summarize common concerns/emerging themes. In addition, background documentation is provided to guide this discussion including:

1. FEMA's SHPO Considerations Brief
2. FEMA's Tribal Considerations Brief
3. Summary of FEMA Programs
4. Prototype PA Draft Table of Contents
5. FEMA Executed PA for Hawaii
6. FEMA Executed PA for Iowa
7. FEMA Executed PA for Louisiana
8. FEMA Executed PA for Maine
9. Tribal Concerns and FEMA's Prototype Programmatic Agreement
10. SHPO Concerns and FEMA's Prototype Programmatic Agreement

The ACHP central point-of-contact (POC) for FEMA’s prototype PA is Jaime Loichinger, Historic Preservation Specialist, 202-606-8529, jloichinger@achp.gov. Should you have any questions, feel free to contact Jaime.

Updated September 21, 2010

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