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(2) Complying with all requirements established by the State to avoid or mitigate adverse <br />effects upon such properties. <br />(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the <br />Federal Emergency Management Agency, the Florida State Historic Preservation <br />Office, the Florida Division of Emergency Management and the Advisory Council <br />on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal <br />and State entities in implementing Section 106 of the National Historic Preservation Act <br />(NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. <br />(4) When any of the Sub -recipient's projects funded under this Agreement may affect a <br />historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency <br />Management Agency (FEMA) may require the Sub -recipient to review the eligible scope <br />of work in consultation with the State Historic Preservation Office (SHPO) and suggest <br />methods of repair or construction that will conform with the recommended approaches <br />set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for <br />Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's <br />Guidelines for Archeological Documentation (Guidelines) (48 Federal Register <br />44734-37), or any other applicable Secretary of Interior standards. If FEMA determines <br />that the eligible scope of work will not conform with the Standards, the Sub -recipient <br />agrees to participate in consultations to develop, and after execution by all parties, to <br />abide by, a written agreement that establishes mitigation and recondition measures, <br />including but not limited to, impacts to archeological sites, and the salvage, storage, and <br />reuse of any significant architectural features that may otherwise be demolished. <br />(5) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this <br />Agreement will involve ground disturbing activities, including, but not limited to: <br />subsurface disturbance; removal of trees; excavation of footings and foundations, and <br />installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and <br />septic tanks) except where these activities are restricted solely to areas previously <br />disturbed by the installation, replacement or maintenance of such utilities. FEMA will <br />request the SHPO's opinion on the potential that archeological properties may be present <br />and be affected by such activities. The SHPO will advise the Sub -recipient on any <br />feasible steps to be accomplished to avoid any National Register eligible archeological <br />property or will make recommendations for the development of a treatment plan for the <br />recovery or archeological data from the property. <br />If the Sub -recipient is unable to avoid the archeological property, develop, in consultation <br />with SHPO, a treatment plan consistent with the Guidelines and take into account the <br />Advisory Council on Historic Preservation (Council) publication "Treatment of <br />Archeological Properties". The Sub -recipient shall forward information regarding the <br />treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the <br />Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may <br />direct the Sub -recipient to implement the treatment plan. If either the Council or the <br />SHPO object, Sub -recipient shall not proceed with the project until the objection is <br />resolved. <br />(6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any <br />changes in the approved scope of work for a National Register eligible or listed property; <br />(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP <br />project for a National Register eligible or listed property; (c) if it appears that a project <br />funded under this Agreement will affect a previously unidentified property that may be <br />eligible for inclusion in the National Register or affect a known historic property in an <br />unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub - <br />recipient to stop construction in the vicinity of the discovery of a previously unidentified <br />property that may eligible for inclusion in the National Register or upon learning that <br />construction may affect a known historic property in an unanticipated manner. The Sub - <br />recipient further acknowledges that FEMA may require the Sub -recipient to take all <br />39 <br />