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1 PROGRAMMATIC AGREEMENT AMONG THE UNITED STATES GENERAL SERVICES ADMINISTRATION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, THE DISTRICT OF COLUMBIA STATE HISTORIC PRESERVATION OFFICE, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES NATIONAL PARK SERVICE, THE NATIONAL CAPITAL PLANNING COMMISSION, THE UNITED STATES FEDERAL HIGHWAY ADMINISTRATION AND THE DISTRICT DEPARTMENT OF TRANSPORTATION [PENDING] REGARDING THE REDEVELOPMENT OF ST. ELIZABETHS NATIONAL HISTORIC LANDMARK SITE, WASHINGTON, DC This Programmatic Agreement ( Programmatic Agreement ) is made as of this day of 2008, by and among the United States General Services Administration ( GSA ), the Advisory Council on Historic Preservation, ( ACHP ), the District of Columbia State Historic Preservation Office ( DCSHPO ), the United States Department of Homeland Security ( DHS ), the United States National Park Service ( NPS ) (via delegated authority from the Department of Interior ( DOI )), the National Capital Planning Commission ( NCPC ), the United States Federal Highway Administration ( FHWA ) and the District of Columbia Department of Transportation ( DDOT ) (referred to collectively herein as the Signatories or individually as a Signatory or as the Parties or individually as a Party ), pursuant to Section 106 and 110 of the National Historic Preservation Act ( NHPA ), 16 U.S.C. 470f and 470h-2f, and NHPA s implementing regulations at 36 C.F.R Part 800, et seq; WHEREAS, GSA proposes to develop St. Elizabeths (hereinafter referred to as Site ) for use as a high-security federal campus for DHS Consolidated Headquarters, hereinafter referred to as the Undertaking, in accordance with the DHS National Capital Regional Housing Master Plan (hereinafter referred to as the Housing Plan ) and DHS Consolidated Headquarters (hereinafter referred to as DHS Headquarters ) Master Plan (hereinafter referred to as the Master Plan (Exhibit X); and WHEREAS, GSA, ACHP and the DCSHPO are the lead Signatory agencies, with all others participating as Signatories for responsibilities associated with public access and security (DHS), Shepherd Parkway and National Historic Landmark oversight (NPS), Master Plan oversight (NCPC), and Shepherd Parkway and other transportation related stipulations (FHWA and DDOT); and WHEREAS, GSA and DHS, as a result of the Section 106 public consultation process and in an effort to avoid harm to the Site, have entered into an agreement with the District of Columbia Office of the Deputy Mayor for Planning and Economic Development ( DMPED ) to develop approximately 750,000 gross square feet ( GSF ) of office space and 775 parking spaces on St. Elizabeths East Campus ( East Campus ) on terms and conditions outlined in a Memorandum of Agreement in order to achieve the DHS total overall collocation requirement of 4.5 million GSF of office space plus parking, provided that if the MOA is not successfully implemented, GSA s termination or amendment of this Programmatic Agreement will be necessitated; and 1

2 WHEREAS, the components of DHS to be housed are those included in the Housing Plan; and WHEREAS, the Site was listed in the National Register of Historic Places on April 26, 1979, designated a National Historic Landmark ( NHL ) on December 30, 1990, and added to the D.C. Inventory of Historic Sites on May 26, 2005; and WHEREAS, GSA has determined Primary and Secondary Areas of Potential Effect ( APE ) (Exhibit X) as defined in 36 C.F.R Section (d) for the Undertaking to include both physical and visual areas; and WHEREAS, GSA has applied the Criteria of Adverse Effect (36 C.F.R. Section 800.5(a) (1) and has found that the Undertaking will have an adverse effect on the Site; and WHEREAS, the 176-acre West Campus of St. Elizabeths ( West Campus ), as shown on Exhibit X, is located in the Southeast quadrant of the District of Columbia and is under the control and jurisdiction of GSA; and WHEREAS, a design prospectus for $24,900,000 for the Coast Guard Headquarters at St. Elizabeths was authorized by the Senate on July 20, 2005, authorized by the House on October 26, 2005, and appropriated by PL on November 30, 2005; and WHEREAS, $13,095,000 was appropriated for infrastructure work on St. Elizabeths by PL , passed on November 30, 2005, and funds have been utilized to fully stabilize and secure all federal campus facilities; and WHEREAS, under PL , the Department of Homeland Security Appropriations Act, 2007, passed October 4, 2006, DHS was required to prepare and submit to Congress the Housing Plan. The Housing Plan, submitted to Congress on October 24, 2006, details DHS requirements for housing its headquarters and the headquarters of its operating components in the DC area, identifies a need for DHS to consolidate executive leadership and operational management in a secure setting, and states that DHS needs to reduce significantly the number of locations that house DHS components to lower overall costs; and WHEREAS, under PL ( The Federal and District of Columbia Real Property Act of 2006 ), the District of Columbia was directed to transfer five buildings and related land it owns on the St. Elizabeths West Campus (totaling less than 10 acres) to GSA, including Buildings 16, 37, 38, 118 and 118-A (Pump House, Hitchcock Hall, Hagan Hall, the Warehouse, and the Warehouse Annex, respectively), as outlined in Exchange Agreement concluded on January 17, 2008 (See Exhibit X); and WHEREAS, under PL , the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, DHS was appropriated $97.5M for the new USCG and DHS HQ; and WHEREAS, GSA has entered into ten-year Re-Use and New Construction Occupancy Agreements with the DHS Under Secretary for Management wherein DHS will occupy the Site in its entirety creating a high-security campus that meets DHS program functional requirements and minimizes harm, to the maximum extent possible, to the NHL (See Exhibit X); and 2

3 WHEREAS the DHS Headquarters facility will provide all necessary physical and operational security controls to meet the Interagency Security Committee (ISC) Level 5 facility requirements for a secure campus; and WHEREAS, GSA intends to enter into an agreement with the FHWA and the DDOT concerning the acquisition, transfer and management of defined sections of Shepherd Parkway, (See Exhibit X); and WHEREAS, this Programmatic Agreement addresses resolution of potential adverse effects related to roadway construction within Shepherd Parkway, provided that, as applicable, NPS, GSA, FHWA and DDOT shall complete any NHPA compliance necessary for the federal transfer of Shepherd Parkway land via Section 4(f) of the DOT Act of 1966 to GSA at the time of transfer; and WHEREAS, GSA intends, subject to this Programmatic Agreement, in an effort to minimize harm, to locate certain portions of DHS program on the East Campus; because the elements of DHS' program that would be placed on the northern portion of the East Campus are part of a later overall project phase, in accordance with 40 CFR and 36 CFR (t), GSA will conclude consultations on the DHS Headquarters Consolidation Program by this Programmatic Agreement, provided that this Programmatic Agreement generally contemplates the location of 750,000 GSF of DHS' office space requirement plus parking within the northern portion of the East Campus, and includes general process parameters for a subsequent Section 106 consultation focusing on the potential East Campus development among the ACHP, DCSHPO, DHS and, as appropriate, other Consulting Parties; and WHEREAS, the purpose of this Programmatic Agreement is to ensure continued compliance with Sections 106 and 110 of the NHPA and set forth stipulations to avoid, minimize and mitigate adverse effects anticipated to result from the Undertaking; and WHEREAS, GSA has identified in accordance with 36 C.F.R. Section 63.2 the existing structures on the Site that contribute to the NHL ( Contributing Resources ) and determined that fifty-one (51) of the sixty-two (62) Contributing Resources (eight (8) of which are greenhouses) will be retained and reused in accordance with the approved Master Plan, subject to field verification during the design phase, as part of Undertaking (Exhibit X); and WHEREAS, GSA has identified in accordance with 36 C.F.R. Section 63.2 the existing contributing landscape features on the Site that contribute to the NHL and proposes to retain, to the extent possible, all contributing landscape resources and otherwise be guided by landscape restoration, treatment and maintenance guidelines outlined in the Preservation, Design & Development Guidelines ( Design Guidelines ) (Exhibit X), the Cultural Landscape Report ( CLR ) (Exhibit X) and the associated Historic Landscape Management/Treatment Plan (Exhibit X); and WHEREAS, GSA, recognizing that the Undertaking may also have adverse effects on potential archaeological resources yet to be identified within the APE, will conduct all necessary and required archaeological investigations, pursuant to 36 C.F.R (b)(2), as stipulated in Exhibit X; and WHEREAS, GSA submitted the final Master Plan to the NCPC on November 10, 2008, for consideration at the January 8, 2009 NCPC hearing; and 3

4 WHEREAS, GSA identified current natural, social, economic and cultural environments for the St. Elizabeths West Campus to assess the impacts on the human environment from the proposed undertaking and submitted these findings in the Final Environmental Impact Statement ( EIS )(Exhibit X) to the Environmental Protection Agency ( EPA ) on October 31, 2008, and to the public on November ; and WHEREAS, GSA pursuant to 36 CFR 800.3(f) has identified and consulted with the following parties: Advisory Neighborhood Commissions 8A, 8B, 8C, 8D, and 8E, American Society of Landscape Architects, Anacostia Historical Society, Brookings Institution, Committee of 100 on the Federal City, Cultural Landscape Foundation, DC Preservation League, District of Columbia Office of Planning, District of Columbia State Historic Preservation Office, Friends of St. Elizabeths, National Association of Olmsted Parks, Medical and Professional Society of St. Elizabeths Hospital, National Capital Planning Commission, National Coalition to Save Our Mall, National Historic Landmark Stewards Association, National Museum of Civil War Medicine, National Trust for Historic Preservation, Office of Councilman Marion Barry, Representative Eleanor Holmes Norton, St. Elizabeths Hospital (East Campus), U.S. Coast Guard, U.S. Commission of Fine Arts, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. National Park Service, U.S. National Park Service Historic Landscape Initiative, and U.S. National Park Service National Capital Region (referred to collectively herein as the "Consulting Parties"); and WHEREAS, GSA has provided and will continue to provide an opportunity for public involvement in the development of this Undertaking in accordance with 36 C.F.R (d) and 800.6(a) (4), and in accordance with the public participation process in the National Environmental Policy Act ( NEPA ) of 1969, as amended. NOW THEREFORE, the Signatories agree that Section 106 and 110 consultations for the Master Plan have concluded and that the Undertaking shall be implemented in accordance with the following Stipulations ( Stipulations ) in order to take into account and mitigate effects on historic and cultural resources and that these Stipulations shall govern the Undertaking and all of its parts until the Programmatic Agreement expires or is terminated: STIPULATIONS I. SITE: General Requirements A. Compliance 1. GSA shall ensure that the Undertaking will be carried out in compliance with the stipulations set forth in this Programmatic Agreement, with the goal that the development of the Site will be compatible with its historic character and balance its exceptional significance with the exceptional programmatic, security, functional and operational needs of DHS. B. Professional Qualifications 1. GSA will ensure that all work performed on the Site that has the potential to have an effect, directly or indirectly, on Contributing Resources (building and landscape features) is performed by qualified individuals and/or teams that meet the Secretary of the Interior s Professional Qualifications Standards (36 C.F.R. Part 61) for history, architectural history, architecture, historic architecture and conservation, and 4

5 Archaeology and Historic Preservation, Secretary of the Interior s Standards and Guidelines, as appropriate. C. Protection of Existing Resources 1. Stabilization: In accordance with Section 110 of the NHPA, all federally owned structures on the West Campus have been stabilized using appropriations granted through PL , passed on November 30, 2005 ($13,095,000). Emergency repair and protection measures have also been extended to several D.C.-owned properties, including major roof and cornice repair on Hitchcock Hall, among other significant improvements. 2. Maintenance: GSA is responsible for the maintenance, upkeep and ongoing protection of the Site throughout redevelopment and in perpetuity as long as the Site remains in its ownership. All future stabilization efforts will be carried forth in accordance with the NHPA and Secretary of the Interior s Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings (U.S. Department of the Interior, National Park Service, 1992 (the Secretary s Standards ) and, where necessary, in consultation with the DCSHPO and ACHP. a. GSA shall maintain Contributing Resources according to the terms of this Programmatic Agreement and in conjunction with a previous Programmatic Agreement ( Programmatic Agreement among GSA s National Capital Region, the D.C. State Historic Preservation Office, and the Advisory Council on Historic Preservation regarding Maintenance and Rehabilitation of Historic Buildings ) (Exhibit X), dated November 9, 1994, which focuses on routine, recurring repair and specific, agreed-upon, low-impact design solutions for historic GSA properties in the District of Columbia. Stipulations outlined in the 1994 agreement will apply to the Site. 3. Property Management: In addition to the NCR Regional Historic Preservation Officer ( RHPO ) and the Asset Manager ( Asset Manager ) guiding redevelopment of the Site, a full-time, on-site GSA Property Manager ( Property Manager ) will be present and responsible for implementing a maintenance program designed specifically for the Site ( Maintenance Program ). GSA will also designate an on-site Historic Landscape Specialist ( Landscape Specialist ) to assist the Property Manager in the protection, care and maintenance of the cultural landscape. The Property Manager and the Historic Landscape Specialist will both meet the Secretary s Professional Qualifications Standards. 4. Repair and Restoration: GSA shall maintain each Contributing Resource in its current condition in accordance with the ongoing Maintenance Program. a. Repair and Restoration after Casualty: GSA shall ensure that, if there is damage to a Contributing Resource resulting from casualty loss, GSA shall repair or restore, as appropriate in accordance with the approved Master Plan, Design Guidelines, and the Secretary s Standards, unless it is not feasible. If it is not feasible to repair or restore as required, GSA shall: i. engage in consultation with the DCSHPO and ACHP as appropriate on alternatives consistent with the Secretary s Standards; and 5

6 II. III. ii. bear the cost and expense of construction; and iii. if the DCSHPO or ACHP fails to respond within thirty (30) calendar days, or within an otherwise specified timeframe, assume that DCSHPO or ACHP, respectively, consents to the proposed treatment/alternative. 5. Construction Staging: GSA will require that all construction contractors or teams selected to manage restoration, rehabilitation and new construction submit to GSA a Construction Staging Plan ( Construction Staging Plan ). The Construction Staging Plan must identify potential resources affected by the construction, including buildings and landscape features, and must outline measures to avoid, minimize and mitigate harm to these resources. a. The Construction Staging Plan must address, along with other factors as deemed appropriate, the following: access routes to and from the Site; number and type of vehicles to be utilized throughout the Site; explanation of how and where equipment and other utilities will be placed to avoid damaging and/or otherwise adversely affecting Contributing Resources, particularly landscape features, including overhead tree canopies, branches, flora and fauna; options for utilizing existing, stabilized structures for construction offices and other necessary facilities; and an understanding of environmental parameters concerning construction in, near and around a designated Eagle Zone. 6. Eagle Protection Zone: As site alternatives have developed, GSA has iteratively consulted with the Fish and Wildlife Service ("FWS"). Current alternatives show the eagle protection zone as a perfect circle, and the Site fence line follows the contours of the Site, resulting in limited encroachment to the protection zone (Exhibit X). During consultation, FWS has indicated concurrence with this approach in compliance with the Bald and Golden Eagle Protection Act (16 U.S.C. 668a-d), the Migratory Bird Treaty Act of 1918 and the National Bald Eagle Management Guidelines. [EAST CAMPUS: SECTION 106, LANDSCAPE ASSESSMENT, ARCHAEOLOGY, ETC] IMPLEMENTATION OF MASTER PLAN A. Phases of Development: The redevelopment of the Site for a high-security federal campus for DHS is proposed to be carried forth in three phases (a schedule for anticipated commencement and completion of each phase is attached (Exhibit X)): 1. Phase I: GSA proposes to construct a new headquarters facility for the USCG in two phases. a. Phase 1-a includes construction of office space to consolidate the USCG headquarters; and b. Phase 1-b includes construction of a USCG command center, amenity space to support the USCG, as well as other elements of DHS that intend to occupy the campus plus GSA s field office. Parking will also be included within Phase 1-b. 6

7 Phase II: GSA proposes continuation of design in Phase II which includes the DHS Headquarters, Federal Emergency Management Agency Headquarters (FEMA) as well the National Operations Center (NOC), plus parking. 3. Phase III: Development Phase III will accommodate remaining elements of DHS headquarters units, primarily the Transportation Security Administration Headquarters (TSA), Customs and Border Protection Headquarters (CBP), and Immigration and Customs Enforcement Headquarters (ICE) plus a liaison presence of other DHS elements such as the Secret Service that will not be relocating to St. Elizabeths. B. Modifications to Master Plan 1. Consultation on a Proposed Modification: If GSA or any other Signatory proposes a modification to the Master Plan, GSA shall initiate consultation by providing documentation relevant to any such proposed modification to DCSHPO, ACHP, and if necessary, each Consulting Party for their review. 2. Content of Proposed Modification Documentation: Documentation of a proposed modification to the Master Plan shall meet the following information requirements: a. detailed description of the proposed change; b. explanation of and justification for the change; c. analysis of potential effects on Contributing Resources; and d. description of consultation with other governmental authorities and interested parties, along with copies of formal responses, if any. 3. Scope of Review: DCSHPO, ACHP, and the Consulting Parties, if necessary, shall review the proposed modification to determine whether it may alter, directly or indirectly, any of the characteristics of the Contributing Resources or other National Register-listed or eligible properties within the APE that qualify these properties for inclusion in the National Register, in a manner that would diminish the integrity of their location, design, setting, materials, workmanship, feeling, or association. 4. Comments: If, upon receipt of documentation of a proposed modification to the Master Plan, DCSHPO or ACHP requests a consultation meeting, GSA shall convene a meeting with such Signatory and Consulting Parties, if necessary (within a specified timeframe) to review the proposed modification. GSA shall consider the comments of the DCSHPO, ACHP, and the Consulting Parties, as the case may be, provided during such meeting and any follow-up meetings mutually agreed upon, that such comments are submitted in writing to GSA within the timeframe determined. C. Submissions and Design Review Procedures The redevelopment of St. Elizabeths as the Consolidated Headquarters for DHS will be carried forth in phases, at times overlapping, with each phase affecting specific parcels 7

8 and resources. Design review and respective submissions, therefore, will be phased in accordance with planned development to the extent practicable. 1. Submissions: GSA shall provide to DCSHPO and ACHP for their review Design Submissions at the concept design stage ( Concept Design ), the preliminary design stage ( Preliminary Design ) and the final design stage ( Final Design ). All Design Submissions must conform to the Design Guidelines. a. The Concept Design shall be in sufficient detail to describe the massing and general exterior appearance of buildings and conformity of such massing and appearance with the Design Guidelines. b. The Preliminary Design shall be in sufficient detail to describe the exterior design intent and the conformity of such exterior design intent with the Design Guidelines. c. The Final Design shall include final plans and supporting documentation for all interior and exterior design features, detailing adaptive re-use and new construction efforts, where appropriate, along with any associated and/or necessary landscape treatments and construction staging specifications. 2. Early Coordination: GSA shall coordinate with DCSHPO, ACHP, and, as appropriate, the Consulting Parties, at the earliest possible stage of conceptual design for the Site regarding level, number and scheduling of Design Submissions and continue such coordination on a regular basis throughout the development of the Design Submissions. 3. Scope of Review: DCSHPO and ACHP shall review the Design Submissions to determine whether such submissions are materially consistent with the Master Plan. GSA shall advise the Consulting Parties as to the scope of their review and the procedure for submission of written comments. 4. Written Comments a. Concept Design Submission: Written comments shall be submitted to GSA within thirty (30) calendar days or within an otherwise specified timeframe of receipt of the Concept Design submission. b. Preliminary Design Submission: Written comments shall be submitted to GSA within thirty (30) calendar days or within an otherwise specified timeframe of receipt of the Preliminary Design submission. c. Final Design Submission: Written comments shall be submitted to GSA within thirty (30) calendar days or within an otherwise specified timeframe of receipt of the Final Design submission. 5. Consideration of Written Comments: GSA shall review and take into consideration such written comments prior to its response to Design Submissions, as applicable. The DCSHPO and/or ACHP may request that GSA or its designee prepare a written summary of comments made by the DCSHPO for the Design Submissions. Such summaries, if any, shall be submitted to DCSHPO and/or ACHP for its approval as to 8

9 the accuracy thereof, in which case such summaries shall serve as the official record of DCSHPO s and/or ACHP s written comments in response to the Design Submissions, if such summaries are signed by DCSHPO and/or ACHP as approved and submitted to GSA within the applicable allotted response period described. If DCSHPO, ACHP, or a Consulting Party fails to provide written comments to GSA within the applicable allotted response period GSA may assume that DCSHPO, ACHP, or the Consulting Party, respectively, has no comments regarding the Design Submissions. 6. Design Excellence Peer Review: GSA s Design Excellence Program shall convene Design Excellence Peer Review panels for each phase of construction to review both rehabilitation and modernization plans and plans for new construction. If necessary, multiple panels will be selected to review concurrent projects, with panels of varying expertise selected respective to the work in progress and subject to review. Peer Reviewers will be selected through the Design Excellence Peer Program in GSA s Office of the Chief Architect and will consist of qualified architects, historic preservation architects and specialists, engineers, landscape architects and/or historians, and other individuals meeting necessary professional qualifications. D. Consultation Procedures: E. Security a. Initiation of Consultation: Prior to development of Design Submissions, GSA shall initiate consultation with the DCSHPO and ACHP, and Consulting Parties, as appropriate. b. Consultation: If DCSHPO or ACHP requests a consultation meeting after receipt of the Design Submissions, GSA shall meet with such Signatory within thirty (30) calendar days of the submission to review the Design Submission. The other Signatories shall be invited and the Consulting Parties may be invited, as appropriate, to attend such meeting, with the appropriateness determination made by the ACHP. GSA shall consider the comments of the DCSHPO, ACHP and/or the Consulting Parties, provided comments are expressed in detail in such meeting and/or submitted in writing to GSA within the allotted response period. 1. Security Master Plan: A Security Master Plan ( Security Plan ) will be produced for the Site by DHS and GSA. The Security Plan must respond to the needs and standards of an Interagency Security Committee (ISC) Level 5 secure campus facility and meet the operational and functional needs of the DHS Consolidated Headquarters. DHS is responsible for the production and management of the Security Plan as security on Site will be provided and managed by DHS. 2. Features: The Security Master Plan will detail types and placement of all features to be placed and incorporated on Site, including fencing, bollards, booths, paving, lighting, cameras and other associated security equipment and site furnishings The Security Master Plan will be guided by the Design Guidelines and the treatment recommendations set forth in the CLR and the Historic Landscape Treatment Plan. 9

10 458 F. Specific Mitigation Actions Documentation and Recordation 461 a. Documentation: GSA will consult with the NPS to determine appropriate Historic 462 American Buildings Survey ( HABS ), Historic American Engineering Record 463 ( HAER ) and Historic American Landscape Survey ( HALS ) documentation for 464 the Site. Documentation will rely heavily upon the historical, environmental, 465 structural, landscape, and conditions assessments prepared as part of this 466 Undertaking, including the Optira Laser Scan of all West Campus Contributing 467 Resources completed in b. Archive: All documentation prepared as part of this Undertaking will be collected 470 and consolidated in a single repository known for the purposes of this 471 Programmatic Agreement as the St. Elizabeths Archive ( St. Elizabeths 472 Archive ). The location of this archive has yet to be determined but an off-site 473 location will be identified within one year of execution of this Programmatic 474 Agreement in conjunction with the museum referenced in Section X. Access to 475 these documents will then be made available, upon request and by appointment, 476 if necessary, for review by historians, mental health specialists, researchers, 477 project management staff and the general public at the St. Elizabeth Archive c. Historic Structures Reports and Building Preservation Plans: GSA will produce 480 Historic Structures Reports ( HSRs ) or Building Preservation Plans ( BPPs ) for 481 each of the contributing buildings on Site. The level of documentation (HSR or 482 BPP) will be determined by GSA in accordance with NPS, ACHP, and the 483 DCSHPO. HSRs and BPPs will meet NPS and GSA standards for recordation, 484 respectively. GSA s Regional Historic Preservation Officer ( RHPO ) located in 485 GSA s National Capital Region (NCR) will maintain hard copies of the HSRs and 486 BPPs, as will the Property Manager. For security reasons, not all material will be 487 available on the St. Elizabeths website ( as 488 plans and other specifications for federal buildings are not publicly accessible. 489 These documents will be available in an abbreviated format via GSA s Center for 490 Historic Building's website at via the GSA 491 Historic Buildings Database d. Qualifications: Consultants selected to produce the necessary documentation will meet the Secretary of the Interior s Professional Qualification Standards (36 C.F.R. 61) for architectural historians. e. St. Elizabeths Database: The St. Elizabeths Database, an extensive digitized collection of architectural drawings, photographs and objects documenting the design and development of the Site from its earliest years forward, that includes copies of material from the National Archives, Library of Congress, GSA files and other sources, will be donated to the St. Elizabeths Archive. f. Historic Landscape Treatment Plan: Using the CLR and its recommended Treatment Guidelines as its base, GSA will develop an Historic Landscape Treatment Plan ( Landscape Treatment Plan ) for the Site. The Landscape Treatment Plan, in concert with the Maintenance Program, will acknowledge the ever-changing existence of the cultural landscape and the inter-relationship of treatment and ongoing maintenance. Performance standards, scheduling and 10

11 record-keeping of maintenance activities on a day-to-day or month-to-month basis, may then be planned for. Treatment, management, and maintenance proposals can be developed by a broad range of professionals with expertise in such fields as landscape preservation, horticulture, ecology, and landscape maintenance. The Landscape Treatment Plan will be developed in accordance with NPS Preservation Brief 36 and other necessary standards and completed before any construction commences. 2. Public Outreach, Interpretation and Education In furtherance of the goals of the NHPA and Sections 1 and 5(b) of Executive Order 13287, Preserve America, GSA shall institute an active, on-going public outreach and interpretation program to enhance and encourage appreciation of the Site, to promote understanding of its historical and architectural significance and evolution, and to increase its visibility and image as a prominent Federal property. a. Citizens Advisory Panel: To provide input to GSA and the Signatories on public educational programs and community activities, and to work in partnership with public groups and organizations on already established initiatives such as DHS Building Bridges and GSA s Good Neighbor programs, GSA shall organize a St. Elizabeths Citizens Advisory Panel ( CAP ). Members of the CAP may include representatives of GSA, the District of Columbia Government, the Department of Homeland Security, St. Elizabeths Hospital, and surrounding area businesses. Service on the CAP will be on a voluntary basis. The GSA shall begin soliciting members for the CAP as soon as possible, with a goal of having some members in place to coincide with scheduling and coordination of the CAP s activities as outlined in this Programmatic Agreement. b. Permanent Exhibit: GSA will work with the Signatories to design and provide a permanent interpretive exhibit, including the narrated video referenced above, documenting the history, significance, redevelopment and future use of the Site. The exhibit, to be housed off-site, will be publicly accessible and open to visitors. c. [East Campus Museum and Visitor Education Center] d. Interpretation (a) Within one (1) year of the date of execution of this Programmatic Agreement, GSA and the Signatories shall develop an Interpretive Program ( Interpretive Program ) that describes how the GSA will interpret the Site. Interpretation shall include interpretive signage and exhibits both within and outside the Site, a narrated video, and a public access program. The GSA shall forward a copy of the Interpretive Program to Signatories, and Consulting Parties, if necessary, for review. (b) Signage: GSA will develop a permanent interpretive signage program for the West Campus that includes free-standing, exterior interpretive signs/panels that effectively inform and guide the reader, providing information on the history, significance and redevelopment of the Site. Interpretive signage will be designed in accordance with the Design 11

12 e. Education: Guidelines, developed as a campus-wide program and implemented in accordance with the Interpretive Program. (c) Cemetery: The Interpretive Program will address the history, significance, and perpetual care of the Cemetery, with interpretive signage extending to the Cemetery and along its associated pathways. (d) Construction Signage: During construction, GSA will prominently post two interpretive panels along Martin Luther King Avenue for the public to view. One panel will describe the history and significance of the Site, the second will describe rehabilitation and new construction taking place on Site. The panels will be replaced with two new, updated panels for each of the proposed phases of construction, or as determined necessary. (e) Brochure and Poster Series: GSA will develop an informational and illustrative brochure and poster series for the Site as part of the Center for Historic Buildings Historic Buildings Brochure and Poster Series. This series will include a substantive brochure and posters illustrating the Contributing Resources, including buildings, landscape features, views and vistas. These products will be available to the public and online at i. Lesson Plans: GSA proposes to work with the District of Columbia Public and Charter School System to develop Lesson Plans on Mental Health Care in the District of Columbia, Historic Preservation and the Anacostia Historic District, and DHS. ii. Phelps Architecture, Construction and Engineering Academy: GSA will pursue a relationship with the newly reopened vocational training academy located at th Street, NE, to determine how the redevelopment of the Site might aid their goal of preparing D.C. high school students for jobs in architecture, structural engineering, site management, plumbing, electrical work, and sales and marketing, and how the Federal government and the District of Columbia School System can to work together on lesson plans, programs and on-the-job training. iii. Oral History: GSA, assisted by the CAP, will conduct and document oral history interviews with former employees, patients (if possible), neighborhood residents, site management personnel, project executives and others to collect stories, first-hand accounts and other remembrances of St. Elizabeths history and redevelopment. Documents and materials produced as part of this effort will be donated to the St. Elizabeths Archive. 3. Public Access a. Access: GSA will work with DHS to develop a public access program for St. Elizabeths that respects the operational and functional needs of DHS and shares the experience, exceptional history and significance of the Site with the general 12

13 public. GSA and DHS will look at models successfully implemented at other secure historic federal facilities, including the Pentagon. i. Schedule: Access to and through the Site will be scheduled in advance through appropriate DHS security personnel and the GSA Property Manager. ii. Screening: As an ISC Level 5 facility, public access to the Site will be managed by a process to be outlined by DHS.. iii. Construction Watch: GSA will continue its partnership with the D.C. Preservation League, offering regularly scheduled tours of the Site until onsite construction commences. Construction Watch programs will then be coordinated but in accordance with the above access and screening procedures. 4. Conservation and Artifact Preservation a. American Architectural Foundation: The American Architectural Foundation (AAF) holds an extensive collection of early St. Elizabeths architectural drawings and photographs, along with a 1905 (improved 1935) model depicting both the East and West Campuses. i. Drawings and Photographs: GSA is working with AAF to identify a select set of St. Elizabeths drawings and photographs held in its collection to be conserved. Conservation will protect these vital documents from deterioration and make possible use of these materials for research and exhibition purposes. ii. Model: GSA will work with the AAF to determine proper restoration and conservation treatments for the St. Elizabeths model. Treatment will repair and restore the model, protecting it from further deterioration, propose a plan for its long-term care, and make possible its use for research and exhibition purposes. 5. Mitigation Summary a. GSA Commitments: In response to mitigation measures proposed as part of Section 106 consultations, GSA has committed to considering the following stipulations, documented and referenced throughout the Programmatic Agreement: Building and Landscape Stewardship Initiated rehabilitation and restoration of Contributing Resources in the earliest stages of construction possible (Reference Phase and Phasing Plan); Retention of a majority of the identified Contributing Resources; Required development of a Construction Staging Plan to protect resources from potential adverse effects resulting from construction activities; Required Section 106 review and consultation for all phases of construction; Planned for as much below-grade construction as possible; Outlined a plan for archaeological investigations; 13

14 III. IV. Developed a plan for the identification, evaluation and display of potential archaeological artifacts; Establishment of an onsite Historic Landscape Architect/Specialist position; Establishment of an onsite Property Manager position, with expertise in historic preservation; Development of an Historic Landscape Treatment Plan; Development of a Perpetual Care Plan for the Cemetery; and Adaptive reuse of four single-family dwellings ( residences ) on Site to accommodate DHS residential program needs. Documentation and Recordation Required HABS/HAER/HALS and/or HSR and BPP documentation of all Contributing Resources; St. Elizabeths Historic Buildings Brochure and Poster Series; St. Elizabeths Oral History Project; and Required Annual Reporting to Signatories and Consulting Parties. Public Outreach, Education and Interpretation Established regularly scheduled pre-construction tours with the D.C. Preservation League and outlined a process for public access upon construction commencement and throughout occupancy; Establishment and management of a St. Elizabeths Archive; Donation of St. Elizabeths Database to St. Elizabeths Archive; and Development of lesson plans for the D.C. Public and Charter School System on Mental Health, the Department of Homeland Security, Historic Preservation, and the Anacostia Historic District. Conservation and Artifact Preservation Established a partnership with the American Architectural Foundation to conserve architectural drawings and photographs in their St. Elizabeths collection and repair and restore the St. Elizabeths model; and Outlined a process by which potential archaeological artifacts discovered on site would be displayed for public viewing, interpretation and education. COMMUNICATIONS WITH CONSULTING PARTIES A. GSA shall provide the Consulting Parties with an address and contact information for the appropriate office within GSA for the receipt of any comments provided by them under this Programmatic Agreement. DISPUTE RESOLUTION A. Objection: Should any of the Parties to this Programmatic Agreement object in writing to GSA regarding any action proposed to be carried out with respect to the Undertaking or implementation of the Programmatic Agreement, GSA shall consult with the objecting Party to resolve the objection. If, after initiating such consultation, GSA determines that the objection cannot be resolved through consultation, GSA shall forward all documentation relevant to the dispute to the ACHP, including GSA s proposed response to the objection. Within thirty (30) calendar days or within an otherwise specified timeframe after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 14

15 Advise GSA that the ACHP concurs in GSA s proposed response to the objection, whereupon GSA will respond to the objection accordingly; 2. Provide GSA with recommendations, which GSA shall take into account in ongoing consultations to resolve the dispute and/or in reaching a final decision regarding the dispute; or 3. Notify GSA that the dispute will be referred for comment pursuant to 36 C.F.R (a)(4) and proceed to refer the dispute for comment. GSA shall take the resulting comment into account in accordance with 36 C.F.R (c)(4) and Section 110(l) of the NHPA. B. Failure to Comment: Should the ACHP not exercise one of the above options within (30) calendar days or within an otherwise specified timeframe after receipt of all pertinent documentation, GSA may assume the ACHP s concurrence in its proposed response to the objection. C. Subject of Dispute: GSA shall take into account any ACHP recommendation or comment provided in accordance with this Stipulation with reference only to the subject of the dispute; GSA s responsibility to carry out all actions under this Programmatic Agreement that are not the subject of the objection shall remain unchanged and in full force and effect. V. AMENDMENTS VI. A. Amendments: Any Signatory may propose an amendment to this Programmatic Agreement, in which case the Signatories shall consult with each other in accordance with 36 C.F.R (c)(7) to consider such amendment. This Programmatic Agreement may not otherwise be amended. TERMINATION A. Proposal to Terminate: If for any reason, GSA determines that it cannot implement the terms of this Programmatic Agreement, or if ACHP and/or DCSHPO determines that this Programmatic Agreement is not being properly implemented, such Signatory may propose to the other Signatories that this Programmatic Agreement be terminated. B. Notification: The Signatory proposing to terminate this Programmatic Agreement shall so notify all other Signatories, explaining the reasons for the proposed termination and affording them at least thirty (30) calendar days or within an otherwise specified timeframe to consult and seek alternatives to termination. C. Termination Due to Failure to Agree: If such consultation fails and the Signatories cannot agree on an alternative to termination, this Programmatic Agreement may thereafter be terminated by GSA. In the event of a termination, GSA shall ensure that each action that would otherwise be covered in this Programmatic Agreement is reviewed in accordance with 36 C.F.R Part 800. GSA may also consult in accordance with 36 C.F.R 800 to develop a new programmatic agreement or may enter into one or more agreements regarding individual portions of the Site. 15

16 VII. VIII. D. Responsibilities upon Termination: If this Programmatic Agreement is terminated, then the Signatories shall take such actions as are necessary to comply with all requirements of 36 C.F.R Part 800. SUBMITTALS A. GSA will ensure that all construction and recordation documents are developed in compliance with the approved Master Plan and in accordance with the Secretary s Standards. Significant architectural design changes made between the design phase and completion of construction documents will be subject to review and comment by Signatories and, if appropriate, Consulting Parties. ADMINISTRATION OF THIS AGREEMENT A. Cooperation. During the implementation of this Programmatic Agreement, and until GSA, ACHP and the DCSHPO agree in writing that the terms of this Programmatic Agreement have been fulfilled each Party agrees to cooperate with the other Parties to facilitate the satisfaction of their respective obligations under this Programmatic Agreement. The Parties agree to work in good faith with the other Parties to meet their respective obligations in a timely manner. B. Annual Status Reporting 1. On or before January 31 of each year until GSA, ACHP and the DCSHPO agree in writing that the terms of this Programmatic Agreement have been fulfilled, GSA shall prepare and provide an annual report to the Signatories and, if appropriate, Consulting Parties, if appropriate, addressing the following topics: Progress in carrying forth and completing the Stipulations; Any problems or unexpected issues encountered during the preceding year; and Any changes that GSA believes should be made in implementation of this Programmatic Agreement. 2. GSA shall make this annual report available for public inspection by posting it on the project website and interested members of the public will be invited to provide comments to GSA, ACHP, and the DCSHPO. C. Alterations to Project Documents If, after receiving comment on any plan, scope of services or other document that has been reviewed and commented on pursuant to this Programmatic Agreement, GSA desires any material or substantial additions thereto or deletions therefrom, which material or substantial changes, additions and/or deletions affect the external appearance of the buildings or the historic fabric of the interior or the exterior designated for retention and rehabilitation in the Historic Structures Report ( HSR ) or Building Preservation Plan ( BPP ), GSA shall furnish the Consulting Parties with a statement of the requested material changes, additions and/or deletions, submitting with such statement appropriate plans, specifications or other documentation showing in detail the nature of the material changes, additions and/or deletions requested. GSA shall provide the Consulting Parties with an adequate review period, not to exceed thirty (30) calendar 16

17 IX. days, or within an otherwise specified timeframe, or any such material changes, except in the event of an Emergency Situation. D. Emergency Situation For purposes of this section, Emergency Situation shall mean a situation immediately impairing or threatening immediately to impair the structural support or integrity of or cause immediate damage to property or causing or threatening to cause immediate injury to a person or persons. As soon as the Emergency Situation has abated, GSA shall afford the Consulting Parties a reasonable opportunity (but no more than thirty (30) calendar days) to review and comment upon the plans and specifications for any portion of the work that affects the external appearance of the buildings or the historic fabric of the interior or the exterior previously designated for retention and rehabilitation. E. Security The Signatories hereby agree to comply with GSA Order PBS , entitled Document Security for Sensitive but Unclassified Paper and Electronic Building Information, dated March 8, 2002, a copy of which is attached hereto, marked Exhibit X and incorporated herein by reference regarding the dissemination of sensitive but unclassified documents for federal facilities only to persons on a need to know basis. GSA reserves the right to withhold, consistent with the terms of the GSA Order, any portion of the plans and specifications unrelated to the historic preservation aspects of all construction work at St. Elizabeths, such as plans or specifications relating to the building s structural engineering or security, or anything unrelated to the historic character of the buildings. GSA shall provide the Consulting Parties with a list of any plans or specifications that are being withheld pursuant to this provision. To the extent that any Party disagrees with GSA s decision to withhold any such documents, then the Parties shall meet to try and resolve the disagreement. Each individual representing a Consulting Party will be required to execute a Non-Disclosure Agreement, a copy of which is attached hereto and marked Exhibit X, prior to being provided access to sensitive but unclassified documents, including but not limited to, the plans and specifications referenced in this Programmatic Agreement. EFFECTIVE DATE OF PROGRAMMATIC AGREEMENT This agreement shall become effective upon execution by the ACHP. Execution of this Programmatic Agreement by GSA, the DCSHPO, DHS, NPS, NCPC, FHWA, DDOT and ACHP, and implementation of its terms, will evidence that GSA has afforded the Signatory and Consulting Parties an opportunity to comment on the Undertaking and its effects on historic properties, and that GSA has taken into account the effects of the Undertaking on historic and cultural resources and the Site. X. MISCELLANEOUS A. Monitoring: The ACHP and the DCSHPO may monitor any activities carried out pursuant to the Programmatic Agreement. GSA shall cooperate with the DCSHPO and ACHP in carrying out these monitoring responsibilities. 17