U.S. Department of Homeland SecurityFederal Emergency Management AgencyFEMA-1603/1607/1786/1792-DR-LALouisiana Transitional Recovery OfficeFEMA Mail Center 1

floorEnvironmental/Historic Preservation1 Seine CourtNew Orleans, Louisiana 70114

December 29, 2009Reid Nelson, DirectorOffice of Federal Agency ProgramsAdvisory Council on Historic PreservationOld Post Office1100 Pennsylvania Ave., NW, Suite 809Washington, D.C. 20004RE: Section 106 Review Consultation, Hurricane Katrina

Undertaking:

Purchase of the Chevron building (935 Gravier St) to house the City of NewOrleans’ operational and administrative functions resulting in the abandonment of NewOrleans City Hall (1300 Perdidio Street)

Applicant:

City of New Orleans

Determination:

Adverse Effect to Historic PropertiesDear Mr. Nelson:The Federal Emergency Management Agency (FEMA) has initiated Section 106 review for NewOrleans City Hall in accordance with the “Programmatic Agreement among FEMA, the LouisianaState Historic Preservation Officer (SHPO), the Louisiana Governor’s Office of Homeland Securityand Emergency Preparedness (GOHSEP), the Alabama-Coushatta Tribe of Texas, the CaddoNation, the Chitimacha Tribe of Louisiana, the Choctaw Nation of Oklahoma, the Coushatta Tribeof Louisiana, the Jena Band of Choctaw Indians, the Mississippi Band of Choctaw Indians, theQuapaw Tribe of Oklahoma, the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, theTunica-Biloxi Tribe of Louisiana, and the Advisory Council on Historic Preservation” dated August17, 2009 (

2009 Statewide PA

). The City of New Orleans (Applicant) intends to use FEMA PublicAssistance Program funding to purchase the Chevron building resulting in the abandonment of NewOrleans City Hall (Undertaking)..The scope of the FEMA undertaking includes the purchase of and potential interior renovations tothe Chevron building, located at 935 Gravier Street. The City of New Orleans would move all of the city’s operational and administrative functions to this new facility which would result in theabandonment of City Hall, bounded by Perdido, LaSalle, Poydras Street and Loyola Boulevard.The applicant intends to make the current City Hall building safe and secure, however it is unclearat this time what steps the applicant intends to make to ensure this action.The Area of Potential Effects (APE) is determined to be the footprint of the Chevron Building andthe footprint of City Hall and its garage. The Civil Courts Building, which is attached to the CityHall, is not included in the APE and will remain occupied by the Civil Court function. There are noground disturbing activities proposed for the undertaking at this time. Should the undertakingchange, this APE may be modified based upon any new, submitted scope of work.

Page 2 of 312/29/2009Historic Properties Adversely AffectedPurchase of the Chevron Building resulting in the abandonment of City HallOrleans Parish

FEMA has determined that the Chevron building is not eligible for the National Register of HistoricPlaces (NRHP) individually or as part of a listed or eligible National Register Historic district. TheChevron building does not meet the 50-year-criterion nor criteria consideration G of the NationalRegister guidelines to be considered eligible for the NRHP.In a previous Section 106 consultation dated November 12, 2005, FEMA determined that City Hallwas eligible for the NRHP under criterion A and C. SHPO responded on December 8, 2005 statingthat City Hall was potentially eligible for the NRHP under Criterion A but not under Criterion C. In2009, for purposes of this consultation, FEMA has undertaken additional research necessary todetermine that City Hall is eligible under Criteria A and C. FEMA has formally consulted with theLouisiana State Historic Preservation Officer (SHPO) and requested SHPO’s comments on itsadverse effect determination in a letter dated December 29, 2009.FEMA applied the criteria of adverse effect, pursuant to 36 CFR 800.5(a)(1), and determined thatthe abandonment of City Hall has the potential to cause an adverse effect to New Orleans City Hallthat is reasonably foreseeable and may occur later in time or be cumulative. In accordance with 36CFR part 800.5(a)(2)(iv), the removal of the operational and administrative functions from CityHall constitutes a change in the character of the property’s use that contribute to its historicsignificance. Additionally, 36 CFR part 800.5(a)(2)(vi), states that the neglect of a property whichcauses its deterioration

is also an example of an adverse effect. Since the applicant has not yetindicated what actions it intends to take to make City Hall safe and secure, FEMA will take steps toconsider the effects of the abandonment of the building through the development of a Memorandumof Agreement (MOA) for this Undertaking.This letter, pursuant to 36 CFR §800.6(a)(1), is intended to notify the Advisory Council on HistoricPreservation (ACHP) of the adverse effect. We have enclosed maps and photographs required by36 CFR §800.11(e). FEMA is inviting the ACHP to participate in this consultation pursuant to 36CFR §800.6(a)(1)(i)(A). In addition FEMA has reviewed Appendix A to Part 800,

Criteria for Council Involvement in Reviewing Individual Section 106 Cases

, and suggests that the involvementof the ACHP is warranted because the undertaking has the potential for presenting proceduralproblems. Please advise FEMA by January 14, 2010 if the ACHP intends to participate in thisconsultation.FEMA will provide a reasonable opportunity for Indian tribes to identify concerns about historicproperties that may be affected by this Undertaking and to advise FEMA on the identification andevaluation of historic properties, including those of traditional religious and cultural importance.FEMA will provide these Indian tribes with the opportunity to participate in the resolution of adverse effects.FEMA will also notify potential Consulting Parties of this adverse effect consultation by e-mailingthem a copy of this letter and the background information.We propose to send future notices, draft agreements, and other background information to theSHPO and Consulting Parties by e-mail to minimize communication delays and expedite the