DRAFT PROGRAMMATIC AGREEMENT AMONG THE DEPARTMENT OF AGRICULTURE, FOREST SERVICE, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, NATIVE AMERICAN TRIBAL NATIONS & THE PENNSYLVANIA STATE HISTORIC PRESERVATION OFFICER FOR THE OPERATION, AND MAINTENANCE OF GREY TOWERS NATIONAL HISTORIC SITE WHEREAS, the Forest Service, serves as the steward for properties administered as Grey Towers National Historic Site (GTNHS), which are the federally owned portion of total property designated Grey Towers National Historic Landmark. The Forest Service also has future interest in the remaining historic properties called the “Associated Properties” of the GTNHS enacting legislation, and, WHEREAS, the Forest Service has determined that the continued maintenance and development activities at GTNHS may have an effect upon properties included in or eligible for inclusion in the National Register of Historic Places, and has consulted with the Advisory Council on Historic Preservation (Council), the Pennsylvania State Historic Preservation Officer (SHPO), and the National Park Service Regional Office pursuant to Section 800.1-13 of the regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act; (16 U.S.C. 470f), and Section 110(f) of the same Act (16 U.S.C. 470h-2(f)); and, WHEREAS, the Forest Service has consulted with interested parties including the Pittman-Bradlee Trust, Native American Tribes, neighbors and community groups that have concerns over the long term preservation of this historic resource with specific associations with the history of the community and area; and, WHEREAS, the Forest Service has interest in the preservation of the historic structures, landscape features, archeological resources, and the objects which are associated with National Landmark status of the property; and, WHEREAS, the Forest Service has on staff a certified cultural resource professional and additional resource staff trained in historic preservation methods who are responsible for the preservation of their historic properties within the National Landmark; and, WHEREAS, copies of the National Register of Historic Places Inventory – Nomination Form, Historic Structures Report, Grey Towers, Grey Towers Cultural Resource Survey: A Phase 1 Archeological Survey, and Master Facilities Site Plan, in addition to other cultural resource studies and reports, have been made available to the SHPO. NOW, THEREFORE, the Forest Service, the Pennsylvania State Historic Preservation Officer (SHPO), the National Park Service, and the Advisory Council on Historic Preservation agree that these activities at GTNHS shall be administered in accordance 1 with the following stipulations in order to satisfy the Forest Service’s Section 106 responsibilities for all individual activities. Stipulations The Forest Service will ensure that the following measures are carried out. I. The USDA Forest Service will manage the current 102 acres of Grey Towers National Historic Site according to three (3) zones related to the significant elements of the landmark, the prior historic use and recent agency management decisions. Historic Core Zone – This is the immediate area near the Mansion House that includes most of the historic buildings, structures and landscape. This portion of the property is over half of the total Forest Service ownership. This zone can be described as the area bounded by Old Owego Turnpike on the north, but including the Farmhouse complex; limited by the eastern end of the lower meadow near Milford on the east; bounded by the property line of the Pittman-Bradlee Trust on the south; and the top of the wooded hillside west of the Mansion. The treatments that are implemented here will be preservation, restoration, rehabilitation, or reconstruction. Forested Pine and Hemlock Tree Zone – This area is the wooded section of the 102 acres between the Historic Core Zone and the recent Forest Service maintenance facility complex. This area contains some remnants of white pine trees planted during the Yale School of Forestry activities on the property. This area also contains “stone row” boundary walls, dirt paths and roadways, and historic refuse dumps created prior to the Pinchot family ownership of the land. Limited interpretation is provided to the visiting public regarding conservation education using examples is this small forest. No changes or alterations are planned in this zone and preservation is the preferred treatment. Maintenance Facility Complex Zone – This is the zone of approximately 10 acres that is enclosed in a chain-link fence. It is located in the northwest corner of the property bounded by the Forested Zone and PA State Route 6 and is physically and visually detached from the historic zone. This area was developed by the Forest Service to serve operations and to be purposefully removed from the historic zone. Begun in 1963 this area contains the maintenance complex. Improvements include the maintenance facility office / work shop building, a four bay garage building, a curatorial storage building and curatorial trailer, a work shed, a lumber shed, a furniture storage trailer, fuel tank, mechanized equipment storage, paved driveways, loading areas, building and landscape materials storage, and a parking lot. Also within the fenced complex is additional area that may be used for other future development. II. A Master Facilities Site Plan was prepared and implemented for the federally owned properties within Grey Towers National Historic 2 Landmark, which is now administered as Grey Towers National Historic Site. This plan has been implemented and the work identified is nearing completion. In the event a new Master Facility Plan is prepared it will be submitted for approval to the SHPO and the Council. A. Definition of a Master Facilities Site Plan (herein termed “Plan”): This is a document which is basic to establishing a facilities maintenance management system for existing facilities and identifies the needs for additional or modified facilities and capital improvement projects as may be required to fulfill the mission, purpose, and contemporary uses of Grey Towers now and in the future. A master facilities site plan identifies needs, operational and maintenance requirements, and provides for a sequential schedule of preservation treatments, rehabilitation, restoration, and development. Such a plan guides future management decisions relating to continuing uses and potential uses of the site to meet programs and activities as they are conducted on-site. It articulates both long-term and short-term considerations, and enumerates a continuum of options within identified constraints or limits. 1. Most of the historic and architectural properties and features comprising Grey Towers have been identified and evaluated as to their eligibility for inclusion in the National Register. Reference is made to the attached Appendix A, a copy of the National Register of Historic Places Inventory – Nomination Form prepared by Steven G. Del Sordo, August 5, 1985 and certified as included on the National Register by the Keeper of the National Register on September 30, 1986. B. Preservation, restoration, and rehabilitation treatments have been implemented on most of the structures in Grey Towers National Historic Site. Select treatments have yet to be implemented in areas of the historic landscape. A range of treatment options will be articulated within the context of the following as may be applicable: 1. Protecting, preserving, and maintaining historic, architectural, and archaeological resources in place as part of the ongoing management of Grey Towers; 2. Rehabilitation in accordance with the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings/Structures (hereafter “Standards”); 3 3. Stabilization when needed due to weather related events, or act of God, structural failure, collapse, or other unknown even which would require an immediate response. 4. Documentation to the standards of the Historic American Buildings Survey for those structures which will be substantially altered or demolished. 5. Archaeological data recovery and provisions for permanent curation of all specimens, field notes, photographs, negatives, and processed data at an appropriately equipped institution, as mutually acceptable to all parties, that are consistent with the Secretary of the Interior’s Standards and Guidelines for archaeological documentation (48 FR 44734-37), and that makes this data available to other parties for research or other appropriate purposes. Curation Facilities meet the regulations set forth in 36 CFR 79. 6. Selection of an appropriate alternative to undertakings that would have a direct and adverse effect on historic properties, will include consultation with the SHPO and the Council. 7. If after meeting all the responsibilities for identification of properties, the Forest Service finds, or is notified after an undertaking has begun, that may adversely effect a previously unidentified National Register listed or eligible property, the Forest Service will comply with the NHPA regulations set forth at 36 CFR 800.6-800.7 to comply with the NHPA. C. The Forest Service submitted the Plan to the SHPO and the Council in March of 1995 and the Plan was approved. Since then the proposed actions in the Plan have been implemented with a few exceptions separately sent for additional review and comment. 1. In the future if the Forest Service desires to vary from the remaining proposed actions in the Plan, the Council and the SHPO will be afforded 45 days in which to review and comment upon proposed modifications. The Forest Service will take these comments into consideration in modification of the Plan. 2. The Forest Service will consult with the SHPO, Regional Office of the National Park Service, and the Council in an effort to resolve any objections or respond to any comments received on the scope of work or the Plan. 4 3. The Forest Service has ensured consistent compliance with the Plan and to the value of Grey Towers as a National Historic Landmark, those other properties identified as eligible for the National Register, and pertinent sections of the following guidelines and standards. The Archaeological Survey: Methods and Uses (DOI, 1978; GPO Stock No. 024-016-00091-9). Preservation Planning in Context (ACHP). Archaeology and Historic Preservation: Secretary of the Interior’s Standards and Guidelines, 48 FR 44716 et. seq., September 29, 1983. The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. The National Park Service’s Preservation Briefs series. The standards of the Historic American Buildings Survey (HABS) for recording architectural, historical, and engineering properties, as determined in consultation with HABS, National Park Service, Department of the Interior. The Plan will be implemented by or under the supervision of a person who meets the professional standards set forth in 36 CFR 296. III. Exemptions: The current Master Facilities Site Plan is near the end of its planned effective lifespan. While the development of a new subsequent Plan has not been scheduled for GTNHS preservation maintenance and operation activities continue. Projects that have not been implemented from the current Plan continue to considered for implementation and that may affect properties identified in Stipulation I will be handled in accordance with Council regulations 36 CFR Part 800, with the following exceptions. These undertakings will not require review by the Pennsylvania SHPO or the Council so long as they conform to the Standards. A. Minor, in kind repair or replacement of building elements or site features, or materials such that original/significant historic fabric is matched in material, size, dimension, color, texture, finish, construction details, and all other visual qualities. This would include 5 repairs performed for maintenance purposes to deteriorated, damaged or missing components to wood, masonry, mortars, stucco, plaster, roofing, sheet metal, or landscape features of walkways, terraces, walls. Note: Complete or major replacements of a building system or component, such as a roof or windows, are not to be considered part of this exclusion clause. B. All interior and exterior painting, wallpapering, staining, provided that traditional, removable materials are used, appropriate trade preparation techniques are employed provided that the original/significant color and texture are matched to the paint analysis in restored rooms/areas.. C. Modifications, replacement of entire heating and cooling systems, and repairs to HVAC, plumbing or electrical and security systems, septic systems and components, including required new parts or features necessary to keep vital utilities operational. This does not include HISTORIC utility components that have significance or are 50 years old or older. It is understood that this maintenance work performed shall not have a visible effect on the interior or exterior historic areas, other than already designated utility areas or spaces. This utility work shall be minor in nature and will not alter or detract from the historic or architectural significance of the resources. This does NOT include the installation of new or replacement systems where an effect on historic fabric will occur including modification, or replacement of that historic fabric. D. Emergency repair and replacement of broken or damaged areas of subsurface utility lines when work is kept substantially within the confines of the existing builder’s trench. (i.e., water main line, electrical, natural gas, phone and data lines) E. Insulation installed in floor and ceiling systems provided that the original/significant finish material and surface area are not impacted, an appropriate vapor barrier is achieved on the warm side of the cavity, and adequate ventilation is provided on the cold side of the cavity. F. Erection of signage, wayside exhibits and memorial plaques pertaining GTNHS and used to provide direction and information to the visiting public. G. Repair of existing non-historic features like fencing & gates when no damage to historic fabric occurs and ground disturbance is not required. 6 H. Routine grounds maintenance on the historic landscape to include: lawn maintenance & fertilization, shrub and tree maintenance, pruning for safety or aesthetics, hazard tree removal, flower bed maintenance including planting of annual flowers in historic garden areas, leaf removal. Specified trees and plants identified as significant to Grey Towers historic landscape will be protected. Specimen trees will be replaced with seedlings, cuttings, or grafting of originals. When performing restoration of non-existent plants, the same species and variety of the original shall be used. All these activities will be performed under the direction of the staff horticulturist and in keeping with the historic landscape report and restoration plan. This exclusion is meant for routine maintenance activities and NOT meant to include larger or phased landscape restoration efforts. I. Road maintenance to include: repairs to non-historic road & parking surfaces currently utilized by visitors and GTNHS employees. This would include repairs due to erosion or freeze thaw, potholes on road shoulders and the gravel service road, culvert repair, and damage caused by plowing of snow seasonally. Trails and walkway maintenance will include typical routine tasks associated with the preservation of the stone, asphalt, or woodland trail (i.e., repairs, debris removal, surface restoration, drainage). J. Replacement of existing mechanisms, or the installation of additional components for safety or security purposes or due to security or code requirements. (i.e., electronic security devices and wiring to supplement motion or fire detection equipment, or environmental monitors). This does not include the installation of new or the replacement of entire systems. K. Performing a variety of mission related administrative functions for agency required tasks. These include administrative and business activities for the Forest Service as well as the multi-use functions as a conference center including hosting conferences, meetings, social events on the grounds for training, career development, and other mission related purposes. These are all part of Grey Towers core purpose in the Forest Service. L. Developing and hosting interpretive programs, tours, and seasonal events for our clients and the visiting public. IV. Rehabilitative projects implemented for energy conservation measures shall be compatible with the historic fabric. (i.e., window and door storm panel installation and weather stripping). Plans and specifications for rehabilitation work will be provided to the SHPO for review prior to the initiation of the work. When rehabilitation work that cannot meet the 7 Standards, activities at GTNHS will be developed in consultation with the SHPO and the Council in accordance with Sections 800.1 and 800.15 of the Council’s regulations V. Prior to any alteration or demolition of any identified historic properties, those properties will be recorded to the standards set forth in the HABS documentation so that there is a permanent record of their history and appearance. A copy of the completed HABS documentation will be provided to the SHPO prior to alteration or demolition. Prior to any undertaking that will have an adverse effect on historic or archaeological properties, the Forest Service will solicit public comment and review as appropriate to the undertaking. VI. Demolition work within or adjacent to areas that will affect historic properties will be submitted to the SHPO and the Council in accordance with Sections 800.1 and 800.15 of the Council’s regulations. VII. The Forest Service will actively ensure compliance with the Archaeological Resources Protection Act of 1979 (ARPA) and will advise all contract and Forest Service personnel against illegal collection of cultural materials and of the penalties for such collection imposed by the Act. Appropriate measures will be developed for the protection of historic and archaeological resources from looting and vandalism and for protection under ARPA. VIII. Copies of reports, plans, or other products generated under this Agreement and in the implementation of the Plan will be provided to the SHPO for review and comment. The SHPO will also be provided with copies of all site survey forms, photographs, U.S.G.S. topographical maps, indicating areas actually surveyed and precise location information of all recorded resources and any other relevant maps or documents. IX. Copies of any technical reports will be furnished to the SHPO. X. This Agreement will be reviewed by the consulting parties 24 months (2 years) from its ratification date to determine if any of the terms of the Agreement cannot be met or if a change is necessary. If at any time any of the signatories to this Agreement determines that its terms cannot be met, that signatory will immediately request the consulting parties to consider an amendment or addendum to the Agreement. Such an amendment or addendum will be executed in the same manner as the original Agreement. XI. The Council and the SHPO may monitor activities carried out pursuant to this Programmatic Agreement, and the Council will review such activities if so requested. The Forest Service will cooperate with the Council and the SHPO in carrying out their monitoring and review responsibilities. 8 XII. Any party to this Programmatic Agreement may request that it be amended, whereupon the parties will consult in accordance with 36 CFR Section 800.13 to consider such amendment. XIII. This agreement will be in effect for 10 years from the last signature date. Any party to this Programmatic Agreement may terminate it by providing thirty (30) days’ notice to the other parties, provided that the parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the Forest Service will comply with 36 CFR Sections 800.4 through 800.6 with regard to individual undertakings covered by this Programmatic Agreement. XIV. In the event the Forest Service does not carry out the terms of this Programmatic Agreement, the Forest Service will comply with 36 CFR Sections 800.4 through 800.6 with regard to individual undertakings covered by this Programmatic Agreement. Execution and implementation of this Programmatic Agreement evidences that the Forest Service has satisfied its Section 106 responsibilities in implementing this agreement and for individual undertakings of the program so specified in the exemptions section (III) of this agreement. 9 ADVISORY COUNCIL ON HISTORIC PRESERVATION BY: DATE: Reid Nelson, Director of Federal Agency Programs, ACHP DIRECTOR, GREY TOWERS NATIONAL HISTORIC SITE, USDA FOREST SERVICE BY: DATE: Allison Stewart, Director, Grey Towers National Historic Site PENNSYLVANIA STATE HISTORIC PRESERVATION OFFICER BY: DATE: Jean Cutler, Director BELOW: May not need to be signatories in the agreement: DELAWARE NATION TRIBE OF NATIVE AMERCICANS BY: ____________________________________________ DATE:________________ Kerry Holton, President, Delaware Nation Tribe USDA FOREST SERVICE DEPUTY CHIEF, STATE & PRIVATE FORESTRY, WASHINGTON OFFICE, BY: DATE: Robin Thompson, Deputy Chief 10