Programmatic Agreement Templates for Communities Administering HUD Funds

In consultation with our community partners, OHPO staff recently created new prototype documents to replace existing Coordination Agreements and comprehensive Programmatic Agreements. This gave us an opportunity to add language pertaining to new programs stemming from the foreclosure crisis and to develop standard treatment measures for lead abatement. The new agreements cover additional HUD-funded programs (including the Neighborhood Stabilization Program) for which the agency has delegated environmental compliance responsibility pursuant to 24 CFR Part 58. Use of these agreements will streamline the Section 106 review process by facilitating local review for routine projects.

OHPO, ODOD and HUD expect every entitlement community to execute one of these documents, since the only alternative is to submit every project to OHPO for individual review.

We encourage each community to follow these steps to successfully execute a new agreement:

  1. Download your agreement of choice and associated directions below.
  2. Make only the necessary changes as noted in the directions.
  3. Save the document, print a copy, and send it unsigned to the Advisory Council on Historic Preservation (ACHP) with this cover letter using a service that allows you to track delivery.
  4. Send another unsigned copy to local/county historical societies/preservation organizations using this cover letter.
  5. Await a response from the ACHP. Once you have received a response confirming that the ACHP will not participate – or if you have not received a response within fifteen days of receipt of the notification by the ACHP – have the authorized community official sign the agreement and submit it to OHPO for our signature using this cover letter.
  6. OHPO will sign the document, retain a copy for our files, and return the original to the community.
  7. Offer the head of the local/county historical society/preservation organization an opportunity to concur with the agreement by signing it and provide a copy of the executed agreement to him/her
  8. Retain the original document for use by community staff and submit a copy of the executed agreement to the ACHP using this cover letter.
The community may begin to implement the agreement upon receipt from OHPO. Note that the new agreement will replace any existing agreement between OHPO and the community.

Communities should review the terms of their new agreements to make sure that their internal review processes are consistent with the new agreements. Training opportunities for using the new agreements will be announced soon.

DOWNLOAD ONE OF THE FOLLOWING AGREEMENTS WITH DIRECTIONS

If you have questions regarding which agreement is appropriate for your community, please contact Lisa Adkins or Justin Cook (entitlement communities) or Bill Palmer (non-entitlement communities) at 614-298-2000.
  1. Basic Programmatic Agreement for Coordination for Non-Entitlement Communities

      Used by communities as an exempt activities agreement. Requires that all projects not exempt under the terms of the agreement be submitted to OHPO for review. Any community staff member can implement its terms.

      Directions for completing Basic Programmatic Agreement for Coordination for Non-Entitlement Communities
       
  2. Basic Programmatic Agreement for Coordination for Entitlement Communities

      Used by communities as an exempt activities agreement. Requires that all projects not exempt under the terms of the agreement be submitted to OHPO for review. Any community staff member can implement its terms.

      Directions for completing Basic Programmatic Agreement for Coordination for Entitlement Communities 

  3. Comprehensive Programmatic Agreement for Entitlement Communities

      Community must retain staff or a consultant meeting Professional Qualification Standards (36 CFR Part 61) in history, architecture, architectural history, or historic architecture to conduct project reviews in order to use this agreement. The benefit of a comprehensive PA from the community’s standpoint is that it allows reviews of virtually all projects except those resulting in adverse effects on historic properties to be completed at the local level, while the “mini” PA requires that all projects that do not fall under the list of exempt activities be submitted to OHPO for review.

      Directions for completing Comprehensive Programmatic Agreement for Entitlement Communities 
ADDITIONAL TOOLS AND GUIDANCE

Annual report spreadsheet that must be completed and submitted to OHPO each year under the terms of these agreements

Sample cover letter to use when notifying the ACHP of your community’s intention to execute the Programmatic Agreement

Sample cover letter to use when notifying local/county historical societies/preservation organizations of your community’s intention to execute the Programmatic Agreement

Sample cover letter to use when submitting a Programmatic Agreement signed by an authorized community official to OHPO for our signature

Sample cover letter to use when submitting a copy of the executed Programmatic Agreement to the ACHP

List of Historical Societies and Historic Preservation Organizations in Ohio for use in identifying organizations that your community should consult with regarding HUD-funded programs and the potential for projects carried out under them to affect historic properties

LINKS TO REGULATIONS REFERENCED WITHIN THE TEMPLATE PROGRAMMATIC AGREEMENTS

36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act

24 CFR Part 58, environmental review procedures for entities assuming HUD's environmental review responsibilities