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Memo of Understanding Sec. 106CITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Memorandum of Understanding--Section 106 Jerry Enzler of the Dubuque County Historical Society is submitting a Memorandum of Understanding to the City of Dubuque. The Memorandum outlines the procedures for complying with Section 106 of the National Historic Preservation Act with regard to the America's River Project. I respectfully request Mayor and City Council approval of the agreement Michal C. Van Milligen MCVM/dd Attachment cc: Jerry Enzler, Dubuque County Historical Society Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager MEMO TO: Dotie Bollman, Randy Faber, Gerry Kennedy, Dan Lukash, Mike Van Milligen, Stephen Veneziani, Tom Worthington FROM: Jerry Enzler, Dubuque County Historical Society DATE: February 11, 2000 RE: Memo of Understanding Because of your organization's support tor the Mississippi River Discovery Center in Dubuque. we are sending you the enclosed draft Memorandum of Understanding outlining the procedures for complying with Section 106, Please review the enclosed and respond immediately if any changes are required or if you have any concerns. A hard copy will be sent 10 you shortly for your approval and signature. Feb. 11 2000 03:21PM P3 MEMORANDUM OF UNDERSTANDTNG BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION, NATIONAL ENDOWMENT FOR THE HUMANITIES, INSTITUTE OF MUSEUM AND LIBRARY SERVICES U,S, ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT, THE V.S, FTSH & WILDLIFE SERVTCE, TIlE IOWA DEPARTMENT OF TRANSPORT A TION SUBMITTED TO THE IOWA STATE HTSTORTCPRESERVATION OFFTCE, PURSUANT TO 36 CFR PART 800 REGARDING CONSTRUCTION OF THE DUBUQUE COUNTY HTSTORICAL SOCIETY'S RIVER DTSCOVERY CENTER ICE HARBOR, DUBUQUE, IOWA WHEREAS, the Dubuque County Historical Society (DCHS) is constructing a River Discovery Center at Dubuque Ice Harbor which may have an effect on the following historic properties: the 1901 Burlington Northern Freighthouse (Freighthouse) which houses the Woodward Riverboat Musewn, which is on the National Register of Historic Places and will be renovated as part ofthis project. . The 1891 Burlington Northern Depot (Depot), which considered to be eligible for listing on the National Register of Historic Places, which will be renovated as part of this project. . The 1934 Sidewheel Steamboat William M. Black (Black), which is listed on the National Register of historic places and is a National Historic Landmark, is located adjacent to the project activity. . Archaeological site 13DB571, the remains of the tormer Iowa Iron Works/Dubuque Boat and Boiler Works where boats were constructed from 1885 to 1972, a property considered eligible for listing on the National Register ofHistOlic Places. . The Ice Harbor, a property determined eligible for listing on the National Register of Historic Places WHEREAS, as a recipient of federal funds, the DCHS must comply with, applicable Federal authorities pursuant to the Secretary of the Interior's Standards for Rehabilitation and Guidelines/or Rehabilitating Historic Buildings, the Secretary of the Interior's Standards/or the Treatment of Historic Properties, and the Guidelines of Treatments of Cultural Landscapes; and Whereas Iowa Department of Transportation (IDOT) is providing TEA-21 funds for restoration of the Depot and the Freighthouse, subject to Federal Highway Administration (FHW) approval; and WHEREAS, the Institute of Mus cum and Library Services (IMLS) is providing funds toward construction of the Center; and WHEREAS, the U.S. Fish and Wildlife Service, Region 3, Minneapolis (USFW) is providing funds toward construction of the Center; and WHEREAS, the National Endowment for the Humanities (NEH) is providing funds toward construction of the Center; and WHEREAS, the Corps of Engineers, Rock Island District, (COE) is participating in the design and pennitting of the wetland and related portions of the project; and WHEREAS, the City of Dubuque, (City) owns the land at the west end ofthe Ice Harbor where the proposed wetland will be constructed; and WHEREAS, the COE, FHW A, lADOT, USFWS, TMLS, and NEH have consulted about Section 106 coordination of this project; and have designated FHW A as the lead federal agency for this project in accordance with 36 CFR Part 800.2(a)(2). WHEREAS, the DCHS, IADOT and FHW A win consult with the Iowa State Historic Preservation Officer (SHPO) pursuant to the Advisory Council on Historic Preservation's (Council) regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act (16 U.S.G. 470) to seek ways to avoid, reduce, or mitigate the adverse effects of the construction of the River Discovery Center on historic properties; NOW, THEREFORE, the undersigned agree that the Federal Highway Administration shall Serve as the Agency Official who shall fulfill all of the agencies collective responsibìlities under the 36 CFR Part 800 regulations implementing Section 106 of the National Historic Preservation Act (16 US.C. 470). The undersigned agt'ee that they shall accept and be bound by actions of the FHWA as they comply with Section 106 of the National Historic Preservation Act. APPROVED: FEDERAL HIGHWAY ADMINISTRATION By: Date: APPROVED: ROCK ISLAND DISTRICT, US, ARMY CORPS OF ENGINEERS By; Date: APPROVED: U.S. FISH AND WILDLIFE SERVICES, REGION Ill By: Date: 2 Organization APPROVED: INSTITUTE OF MUSEUM AND LIBRARY SERVICES By: Date: APPROVED: NATIONAL ENDOWMENT FOR THE HUMANITIES By: Date: APPROVED: IOWA DEPARTMENT OF TRANSPORTATION By: Date: CONCUR: DUBUQUE COUNTY HISTORICAL SOCIETY By: Date: CONCUR: CITY OF DUBUQUE By: Date: 3 pege 5 Feb. 11 2000 03:22PM P5 ,@~41!7