CC_ATTACH_HUD PROGRAMMATIC AGREEMENT_032626.DOCX
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Page 1 of 14 PROGRAMMATIC AGREEMENT BETWEEN CITY OF TEMPE AND THE ARIZONA STATE HISTORIC PRESERVATION OFFICER PURSUANT TO 36 C.F.R. PART 800 REGARDING U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-FUNDED PROGRAM ACTIVITIES WHEREAS, the City of Tempe (City) receives Federal funding administered by the U.S. Department of Housing and Urban Development (HUD) (e.g., Community Development Block Grant (CDBG), CHOICE Neighborhood, HOME funds, Economic Development Initiative Community Project Funding (EDI CPF), and Public Housing Authority Operating and Capital Funds, etc.) that are used for various programs and program activities (“Programs” or “Program Activities”); and WHEREAS, the HUD-funded Programs and Program Activities qualify as a federal undertaking subject to the provisions of Section 106 of the National Historic Preservation Act (NHPA), 54 U.S.C. § 306108, and this Programmatic Agreement (Agreement or PA) provides a program alternative for HUD to fulfill its Section 106 responsibilities through the City’s consultation with the State Historic Preservation Officer (SHPO), and serves as the vehicle for resolving adverse effects to historic properties that may result from the implementation of these Federal Programs; and WHEREAS, the Area of Potential Effects (APE) encompasses all municipal and private land within the City and for which the City is the Responsible Entity (RE); and WHEREAS, pursuant to 24 C.F.R. Part 58, the City is the RE for compliance with Section 106 on behalf of HUD and is entering into this agreement as a signatory on behalf of HUD; and WHEREAS, the Arizona State Historic Preservation Officer (SHPO) is authorized to enter this Agreement in order to fulfill its role of advising and assisting Federal agencies in carrying out Section 106 responsibilities under Sections 101 and 106 of the NHPA and 36 C.F.R. § 800.2(c)(1)(i) and § 800.6(b), and the SHPO is a Signatory to this Agreement; and WHEREAS, the City invited the Advisory Council on Historic Preservation (ACHP) to participate in this Agreement on November 26, 2025, and as the ACHP declined to participate (Letter, Chris Daniel to Zachary J. Lechner, January 5, 2026), the Agreement is moving forward without ACHP participation pursuant to 36 C.F.R. § 800.6(a)(1)(iv); and WHEREAS, the City’s staff and contractors include individuals who meet the Secretary of the Interior’s Professional Qualifications Standards for Historic Architecture, Architectural History, History, and/or Archeology, or are individuals with relevant cultural resources management experience reviewing work conducted under the supervision of permitted staff; and Page 2 of 14 WHEREAS, pursuant to 36 C.F.R. § 800.2(c)(2)(ii), the City has conducted outreach, has actively requested the comments and participation of, and has invited to participate as a concurring party to this Agreement, Indian tribes that attach religious and cultural significance to historic properties that may be affected by undertakings funded under the terms of this agreement including: Pueblo of Zuni, Tonto Apache Tribe, Salt River Pima-Maricopa Indian Community, Gila River Indian Community, Yavapai-Apache Nation, Yavapai-Prescott Indian Tribe, White Mountain Apache Tribe, Pascua Yaqui Tribe, Hopi Tribe, Fort Mojave Indian Tribe, Fort McDowell Yavapai Nation, and Mescalero Apache Tribe; and WHEREAS, the City will consult with Indian Tribes that attach cultural or religious significance to historic properties in the APE for each undertaking involving ground disturbance and/or construction; and WHEREAS, the City will, for each undertaking, coordinate its National Environmental Policy Act (NEPA) public participation requirements to assist the City in satisfying the public involvement requirements under Section 106 of the NHPA pursuant to 36 C.F.R. § 800.2(d)(3); and WHEREAS, the Arizona State Museum (ASM) has been invited to participate pursuant to 36 C.F.R. § 800.6(c)(3), as it has mandated authority and responsibilities under the Arizona Antiquities Act (AAA), A.R.S. § 41-841 et seq., that apply to that portion of the undertaking on state lands in Arizona (state, county, municipality, or other subdivision of the state), and mandated authority and responsibilities under A.R.S. § 41-865 that apply to that portion of the undertaking on private lands, and has been invited to participate as a concurring party to this Agreement; and WHEREAS, the City shall review and consult with SHPO, Tribes, and other interested parties, as appropriate on all undertakings that are not identified under this PA in accordance with 36 C.F.R. § 800.3 through § 800.7; and NOW THEREFORE, the City and SHPO agree that the City’s Federally funded HUD programs shall be administered in accordance with the Stipulations provided below to satisfy the City’s Section 106 responsibilities for all individual undertakings. STIPULATIONS The City of Tempe shall ensure the following stipulations are carried out: I. Definitions The definitions of terms in this agreement follow those provided in 36 C.F.R. § 800.16. II. Professional Standards A. The City shall perform the rehabilitation actions at all buildings 50 years or older (except those that have previously been determined by SHPO to be ineligible for the National Register of Historic Places [NRHP]) in accordance with the Secretary of the Interior’s Standards for Rehabilitation; and the proposed work shall be reviewed by the City of Tempe Historic Preservation Office (CHPO). Where this work meets the conditions outlined in Stipulation III, SHPO consultation will not be required. B. The City shall ensure that any archaeological investigations that may be necessary shall be conducted by, or under the supervision of, a professional archaeologist meeting the Page 3 of 14 Secretary of the Interior’s Professional Qualifications Standards for Archeology, and under the authority of an AAA permit, when required. C. The City shall ensure that any proposed rehabilitation work at eligible or listed NRHP buildings is reviewed by qualified City or contracted staff meeting the Secretary of the Interior’s Professional Qualification Standards for Architectural History or Historic Architecture. D. Infill projects proposed in eligible or listed NRHP districts shall be reviewed by qualified City staff to assure treatment consistent with the Secretary of the Interior’s Standards. III. Conditioned Rehabilitation Actions for Buildings The following actions do not require consultation with SHPO provided the conditions listed below are met. Mobile homes and buildings less than 50 years old and/or previously determined by the SHPO to be ineligible for listing on the NRHP are also exempt from consultation. The City shall document all activities conducted under this Stipulation, and list them in the quarterly report, as described in Stipulation VI. A. Rehabilitation Actions Pursuant to 36 C.F.R. § 800.3(a)(1), the City has determined these types of activities have low potential to cause adverse effects to historic properties, assuming such historic properties are present: 1. Systems Rehabilitation (a) Replacement of interior plumbing; (b) Replacement of electrical systems; (c) Replacement of HVAC systems, including interior ductwork in any location or exterior equipment in their original location; and (d) Installation of smoke detectors. 2. Interior Rehabilitation* (a) Replacement of interior floor coverings; (b) Installation of insulation above ceilings and in attic spaces; (c) Replacement of weather-stripping; (d) Repainting interior; (e) Replacement of kitchen cabinets, countertops, and appliances; (f) Bathroom improvements; (g) Interior door replacement; (h) Door hardware replacement; and (i) Repair of interior wall and ceiling surfaces. *Not including significant interior alterations or renovations that could compromise the integrity of a historic property or a building where the interiors are historically, architecturally, or culturally significant, as determined by the CHPO. 3. Exterior Rehabilitation (a) Door repair, and/or reglazing (in-kind); (b) Abatement of hazardous materials; (c) Door hardware replacement (in-kind); Page 4 of 14 (d) Repainting of previously painted exterior surfaces provided that destructive surface preparation treatments, including but not limited to water blasting, sandblasting, and chemical cleaning are not used (no painting of surfaces not previously painted); (e) Repair or partial replacement of porches, exterior siding, balustrades, stairs, fascia, or other trim (in-kind); (f) Non-original fence replacement; (g) Foundation repair that maintains any decorative materials; (h) Termite treatment; (i) Installation of temporary ramps; (j) Work related to extant plantings; (k) Installation of gutters and downspouts, painted to match fascia; (l) Driveway repair; and (m)Repair of any holes in the exterior where equipment penetrated the building. 4. Infill Construction Infill projects or additions require consultation with SHPO prior to the commencement of work if: The proposed infill involves demolition of an eligible or listed property; or The proposed infill is located in a NRHP-listed or eligible historic district. B. Conditions of Implementation The conditions of implementation shall be limited to the following: 1. Replacement of historic windows and doors shall as closely as practicable, under the City’s sole discretion, match the existing in design, operation, glazing, sash pattern, material, and size. 2. Re-roofing material shall as closely as practicable, under the City’s sole discretion, match the existing material in design, appearance, and scale. 3. Repair or partial replacement of porches, exterior siding, balustrades, stairs, fascia, or other trim shall as closely as practicable, under the City’s sole discretion, match extant, removed, and/or adjacent materials (as applicable) in location, dimension, texture, and design. IV. Program Activities Requiring SHPO Consultation SHPO will review all requests for initial consultation within 30 calendar days of confirmed delivery. A. SHPO review pursuant to 36 C.F.R. § 800.3 through § 800.7 is required for projects whose rehabilitation activities are not listed in Stipulation III with buildings that are 50 years or older (excepting those that have previously been determined by SHPO to be ineligible for the NRHP). B. SHPO review is required for all projects proposing full or partial building demolition, new additions, and/or alterations of character-defining features for buildings 50 years or older (excepting those that have previously been determined by SHPO to be ineligible for the NRHP.) Page 5 of 14 C. If repair or replacement activities require new construction excavation, archaeological review may be necessary; see Stipulation V of this Agreement. V. Archaeological Review of HUD Programs Involving Ground Disturbance The actions listed in Stipulation III.A. should involve minimal ground disturbance and as such may not require archaeological review. This stipulation describes the possible situations where archaeological review would be warranted, as well as procedures for that review. A. If a proposed rehabilitation project will involve ground disturbance over more than 10 cubic feet of soil or a lateral displacement of soil more than 2 feet in any direction, the proposed project must be reviewed for archaeological sensitivity by the City’s qualified staff or consultant. B. When such ground disturbance is anticipated, the City’s qualified staff or a qualified consultant will conduct a review of ASM’s Archaeological Records Office (ARO) and/or AZSITE to determine whether existing cultural resource sites are present in the proposed project area, and whether the project area has been previously inventoried to current standards for cultural resources. After the review, the City’s qualified staff will make a determination as to the need for archaeological survey, testing, data recovery, or monitoring. If further archaeological work is not needed, information about the project will be submitted to SHPO in a quarterly batch report, as described in Stipulation VI.C. C. The City acknowledges that the Tribes possess special expertise in assessing the eligibility of properties with tribal religious and cultural significance, and the City may utilize this expertise in determining if any such properties are eligible for listing in the NRHP. The City will also notify the Tribes of any projects with the potential to adversely affect cultural resources with tribal religious and cultural significance. After reviewing any project, the Tribes can request to further consult on these projects by notifying the City in writing. D. If the City’s qualified staff or consultant determines that an archaeological survey is needed for the proposed ground disturbance, the City will ensure completion of fieldwork. The City will then consult with SHPO and the Tribe(s) if cultural resource sites (as defined by ASM) are identified. The City will consult on determinations of eligibility, any recommendations for treatment (e.g., archaeological testing, data recovery or monitoring), and a finding of effect (i.e., No Adverse Effect or Adverse Effect). The survey and survey reporting shall follow state and Federal standards for archaeological investigations as well as SHPO’s most current Survey Report Standards. If the survey does not identify any cultural resource sites (i.e., a negative survey), the results will be reported on a Summary Report Survey Form (SRSF) and submitted to SHPO in a quarterly batch report, as described in Stipulation VI.C. If the survey is located on municipal land, the report will be concurrently submitted to ASM to satisfy permitting requirements under the Arizona Antiquities Act. E. If the City’s qualified staff determines that the proposed action will result in a No Historic Properties Affected finding, either due to a negative survey or avoidance of impacts to an identified historic property, then the City will submit the archaeologist’s report on a SRSF to the SHPO for review and comment. This consultation shall be submitted in the quarterly report (see Stipulation VI.C). The City shall initiate concurrent review by ASM for any Page 6 of 14 surveys that require a AAA permit, per Stipulation V.H. Prior to implementation of the proposed activity, affiliated tribes shall be consulted on all ground-disturbing undertakings, as described in Stipulation V.A. F. If the City’s qualified staff determines that a No Adverse Effect finding is appropriate contingent upon avoidance of the site or monitoring of the proposed ground disturbance, the City shall consult with the SHPO and Tribes to seek agreement that monitoring or avoidance will be adequate to ensure the no adverse effect finding. If it is determined that monitoring is appropriate, the City shall subsequently consult with SHPO and Tribes on a Monitoring and Discovery Plan detailing the steps that will be taken during monitoring. G. If it is determined that the proposed project will result in a finding of Adverse Effect the City will continue consultation with SHPO, Tribes, and other consulting parties on appropriate treatment measures, and develop and implement a project-specific memorandum of agreement (MOA) and project-specific addendum to the City of Tempe’s General Historic Properties Treatment Plan. The City and SHPO may enter into project/site specific MOAs under the authority of this PA. H. The City shall concurrently consult with the Arizona State Museum on all projects involving an Arizona Antiquities Act permit. I. Once SHPO has approved the mitigation results report, the project’s ground-disturbing activities can proceed. VI. Reporting Requirements The CHPO will submit quarterly reports to the SHPO and other consulting parties. The report will include the following: A. For projects that did not require SHPO review: The report will provide the following information: the names and locations of each undertaking considered; a brief scope of activities conducted for the undertaking; NRHP eligibility determinations of properties within the APE; the project effect finding; and any efforts to avoid, minimize or mitigate adverse effects of specific undertakings on historic properties. The SHPO agrees to review the submitted quarterly report information within 30 calendar days. Changes to the frequency of batch consultation submissions may be made without amendment, provided that all parties are in agreement with the change. B. Rehabilitation Work for Buildings Reports The City will submit to SHPO all information from undertakings conducted in accordance with Stipulation III from the date of the last report to 30 calendar days before the date of current report. The report shall include a table of addresses of rehabilitated properties, their construction date, NRHP eligibility status, and activities conducted. C. Archaeological Reports 1. The City will submit all documents resulting from Stipulation V.B-D from the date of the last report to 30 calendar days before the date of current report. The City will provide a cover letter that includes a summary of acreage inventoried and reports Page 7 of 14 reviewed, as well as all SRSFs. The summary will also include activities, general location, and acreage covered under Stipulation V.D. SHPO may request copies of all reports and documents used by the City to make decisions pursuant to Stipulations V.D and V.E. Changes to the frequency of batch consultation submissions may be made without amendment providing all parties agree. 2. After an archaeological investigation (e.g., survey to identify historic properties, archaeological monitoring, phased archaeological data recovery) has been conducted, the City shall ensure that a draft report detailing the results of the investigation, and any recommendations as per Stipulations V.E and V.F, is prepared. The City will e- mail the report to the SHPO and Tribes; the SHPO will expedite their review and comment on the submittal within 10 business days. 3. The SHPO will either concur with the recommendations in the report or provide the City with their comments. The SHPO’s consultation shall be conveyed by e-mail. 4. If the archaeological investigation involves permitting from the ASM, the City shall concurrently consult with the ASM and SHPO. VII. Annual Report The City shall submit an annual report to SHPO by January 31 of each year that this Agreement is in effect that addresses the City’s historic preservation actions performed for the Programs during the previous calendar year. The report will summarize projects reviewed in the previous year that have gone through formal consultation with SHPO, and those projects that did not require SHPO review. The report will provide the following information: the names and locations of each Undertaking considered; a brief scope of activities conducted for the Undertaking; NRHP eligibility determinations of properties within the APE; the project effect finding; and any efforts to avoid, minimize or mitigate adverse effects of specific undertakings on historic properties. Within thirty (30) calendar days of receipt of the annual report, the SHPO agrees to review the submitted annual report information to provide input and to determine if any amendments to the PA are necessary. If requested, an annual meeting will be held to discuss the report. VIII. Post-Review Discoveries A. Should a discovery of archaeological or historic materials that are 50 years or older not covered under A.R.S. § 41-844 or A.R.S. § 41-865 occur, the City will require that these materials be treated in accordance with all applicable laws. The proponent will cease all ground disturbing activities within 50 feet (15 m) of any discovery and will notify the City of the discovery within 24 hours. The City will notify the SHPO of the discovery. B. Notification/reporting and treatment of unanticipated discoveries on City lands, or where the City is the RE, will comply with A.R.S. § 41-844 and § 41-865, as applicable. Any such discoveries will be reported to the Director of the ASM. C. The City will consult with consulting parties on the NRHP eligibility of the newly discovered cultural resource. If eligible, the City will ensure that treatment measures are completed as necessary under the guidance of a professionally qualified archaeologist. Reporting and review processes will follow Stipulations VI and VII. Page 8 of 14 D. If human remains or formal animal burials are discovered, construction personnel will stop all work within 100 feet of the encounter, take reasonable measures to secure the area and protect the exposed remains and contact the City, and ASM. The archaeological contractor shall follow all procedures set forth in the Burial Discovery Agreement. IX. Confidentiality To the maximum extent allowed by federal and state law, the City will maintain confidentiality of sensitive information regarding historic properties, including those to which a Tribe attaches religious or cultural significance, that could be damaged through looting or disturbance. However, any documents or records the City has in its possession are subject to the Freedom of Information Act (FOIA) (5 U.S.C. 552 et seq.) and its exemptions, as applicable. The City shall evaluate whether a FOIA request for records or documents would involve a sensitive historic property, or a historic property to which a Tribe attaches religious or cultural significance, and if such documents that contain information that the City is authorized to withhold from disclosure by other statutes including Section 304 of the NHPA. If this is the case, then the City will consult with the Keeper and the ACHP regarding withholding sensitive information. If a Tribally sensitive property is involved, the City will also consult with the relevant Tribe(s) prior to making a determination in response to a FOIA request. X. Dispute Resolution A. Should any signatory to this Agreement 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 and shall notify the SHPO and consulting parties of the objection. If the City determines that such objection cannot be resolved, the City will submit the dispute to the ACHP for its comment. B. The City shall forward all documentation relevant to the dispute, including the proposed resolution, to the ACHP. The ACHP shall provide the City with its opinion on the resolution of the objection within 30 calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the City shall prepare a written response that considers any timely opinions or comments regarding the dispute from the ACHP, signatories, and concurring parties, and provide them with a copy of this written response. The City may then proceed in accordance with its decision. C. If the ACHP does not provide comments regarding the dispute within the 30-day time period, the City may make a final decision on the dispute and proceed accordingly. Prior to reaching a final decision, the City shall prepare a written response that considers any timely comments regarding the dispute from the parties to the Agreement and provide them and the ACHP with a copy of such written response. D. The responsibilities of the City to carry out all other actions subject to the terms of this Agreement that are not the subject of the dispute remain unchanged. E. At any time during implementation of the measures stipulated in this Agreement, should an objection pertaining to this Agreement or the effect of an undertaking on historic properties be raised by a member of the public, the City shall notify the parties to this Page 9 of 14 Agreement and take the objection into account, consulting with the objector and with relevant parties to this Agreement to resolve the objection. XI. Amendments A. This Agreement may be amended when such an amendment is agreed to in writing by the signatories. Any signatory to this Agreement may propose an amendment in writing to the City. B. The City shall consult with the signatories to this Agreement to consider the proposed amendment. If there is agreement among all signatories, the document shall be amended accordingly, and the amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP. The City shall provide all parties with a copy of the executed amendment. C. Additions, deletions, and other revisions to the Programs subject to this Agreement can be accomplished through written agreement among the signatories. The City will initiate such written consultation with the signatories; the signatories have 30 calendar days in which to review and comment on the proposed changes to the components of the various Programs covered by this Agreement. XII.Duration A. This Agreement shall remain in effect for ten (10) years beginning on the date of execution unless amended or terminated. B. Prior to the expiration of this Agreement, SHPO and the City of Tempe may mutually agree to extend the Agreement for up to three (3) additional one (1) year terms. Each extension may be executed by letter agreement and will not require a formal amendment. The letter agreement for extension will be initiated by the City of Tempe. Once SHPO and the City of Tempe have agreed and signed the extension letter, it shall be considered executed. The City Manager will sign on behalf of the City. Copies of the signed extension letter will be provided to the ACHP and all consulting parties to this PA. XIII. Termination A. If any signatory to this Agreement determines that its terms will not or cannot be carried out, that party shall immediately consult with the other signatories to attempt to develop an amendment per Stipulation XI. If, within thirty (30) calendar days (or another time period agreed to by all signatories), an amendment cannot be reached, any signatory may terminate the Agreement upon written notification to the other signatories. B. Once the Agreement is terminated, and prior to work continuing on the undertaking, the City must either (a) execute an Agreement pursuant to 36 C.F.R. § 800.6 or (b) request, consider, and respond to the comments of the ACHP under 36 C.F.R. § 800.7. The City shall notify the signatories as to the course of action it will pursue. Page 10 of 14 C. In the event the City fails to carry out the terms of the Agreement, the City shall comply with 36 C.F.R. Part 800 for each and every housing unit rehabilitation as a separate and discrete undertaking. XIV. Counterpart Signatures This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Execution of this Agreement by the City and the SHPO, and implementation of its terms, evidence that the City has considered the effects of the undertaking on historic properties and has afforded the ACHP an opportunity to comment. Page 11 of 14 PROGRAMMATIC AGREEMENT BETWEEN CITY OF TEMPE AND THE ARIZONA STATE HISTORIC PRESERVATION OFFICER PURSUANT TO 36 C.F.R. PART 800 REGARDING U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-FUNDED PROGRAM ACTIVITIES SIGNATORY SIGNED AND ACCEPTED THIS ____________________ day of ______________, 2026. CITY OF TEMPE _____________________________ Rosa Inchausti, City Manager City of Tempe Page 12 of 14 PROGRAMMATIC AGREEMENT BETWEEN CITY OF TEMPE AND THE ARIZONA STATE HISTORIC PRESERVATION OFFICER PURSUANT TO 36 C.F.R. PART 800 REGARDING U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-FUNDED PROGRAM ACTIVITIES SIGNATORY ARIZONA STATE HISTORIC PRESERVATION OFFICE _____________________________ Kathryn Leonard Arizona State Historic Preservation Officer CONCURRING PARTY ARIZONA STATE MUSEUM _____________________________ Patrick D. Lyons Museum Director AK-CHIN INDIAN COMMUNITY _____________________________ Mr. Gabriel Lopez Chairman Page 13 of 14 TOHONO-O’ODHAM NATION _____________________________ Mr. Verlon M. Jose Cha PUEBLO OF ZUNI _____________________________ Mr. Arden Kucate Governor TONTO APACHE TRIBE _____________________________ Mr. Calvin Johnson Chairman SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY _____________________________ Mr. Martin Harvier President GILA RIVER INDIAN COMMUNITY _____________________________ Stephen Roe Lewis Governor YAVAPEI-APACHE NATION _____________________________ Mr. Buddy Rocha, Jr. Chairman YAVAPAI-PRESCOTT INDIAN TRIBE _____________________________ Mr. Robert Ogo President WHITE MOUNTAIN APACHE TRIBE _____________________________ Mr. Jerome Kasey III Acting Chairman Page 14 of 14 PASCUA YAQUI TRIBE _____________________________ Julian Hernandez Chairman HOPI TRIBE _____________________________ Mr. Lamar Keevama Chairman FORT MOJAVE INDIAN TRIBE _____________________________ Linda Otero Director, AhaMakav Cultural Society FORT MCDOWELL YAVAPAI NATION _____________________________ Mr. Timothy Williams Chairman MESCALERO APACHE TRIBE _____________________________ Mr. Thora Walsh Padilla President