Memorandum of Agreement with the DCHS for MS River Discovery Center
MEMORANDUM OF AGREEMENT
BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION,
U. S FISH AND WILDLIFE SERVICE,
U. S. ARMY CORPS OF ENGINEERS,
NA TIONAL ENDOWMENT FOR THE HUMANITIES,
THE CITY OF DUBUQUE,
DUBUQUE COUNTY HISTORICAL SOCIETY,
THE IOWA DEPARTMENT OF TRANSPORTATION,
AND THE IOWA STATE HISTORIC PRESERVATION OFFICE,
PURSUANT TO 36 CFR PART 800
REGARDING CONSTRUCTION OF
THE DUBUQUE COUNTY HISTORICAL SOCIETY'S
RIVER DISCOVERY CENTER
ICE HARBOR, DUBUQUE, IOWA
WHEREAS, the Dubuque County Historical Society (DCHS) is seeking to construct a River
Discovery Center at Dubuque Ice Harbor which may have. an effect on the following historic
properti es:
· The 1901 Burlington Northern Freighthouse (Freighthouse) which houses the Woodward
Riverboat Museum, which is on the National Register of Historic Places and will be
renovated as part of this proj ect.
· The 1891 Burlington Northern Depot (Depot), which is considered to be eligible for listing
on the National Register of Historic Places, and which will be renovated as part ofthis
project.
· The 1934 Sidewheel Steamboat William M. Black (Black), which is listed on the National
Register of Historic Places and is a :\'ational Historic Landmark and is adjacent to the project
activity.
· Archaeological site 13DB571, the remains of the fonner 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 of Historic Places.
· The Ice Harbor, a property detennined eligible for listing on the National Register of Historic
Places.
WHEREAS, as a recipient of federal funds, the DCHS will comply with the Secretwy of the
Interior's Standards for Rehahilitatioll and Guidelines for Rehabilitating Historic Buildings; the
Secretary of the Interior's Standardsfor the Treatment of Historic Properties; the Guidelines for
Treatments afCultural Landscapes; and all other applicable Federal laws and regulations
regarding preservation and historical properties, and
WHEREAS iowa Department of Transportation (lOOT) is providing TEA-21 funds for
restoration of the Depot and the Freighthouse, subject to Federal Highway Administration
(FHW A) approval; and
WHEREAS, the U.S. Fish and Wildlife Service, Region 3, Minneapolis (USFW) is providing
funds toward construction of the Center, and has signed the Memorandum of Understanding
attached; and
WHEREAS, the U. S. Army Corps of Engineers (COE) has regulatory permit responsibilities
under Section 404 of the Clean Water Act, 33 U.S.C. 1344, and Section 10 of the Rivers and
Harbors Act of 1899, 33 U.S.c. 403; and
WHEREAS, the National Endowment for the Humanities (NEH) is providing funds toward
construction of the Center as well as exhibits, and has signed the Memorandum of Understanding
attached; and
WHEREAS, the City of Dubuque, (City) owns the land at the west end of the Ice Harbor where
the proposed River Discovery Center and wetland will be constructed and has leased it to the
DCHS for a 50 year term expiring in 2050; and
WHEREAS, the FHW A, IADOT, USFW, CaE, and NEH have consulted about Section 106 in
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, FHW A has determined that the proposed project will have No Adverse Effect for
the 1934 Sidewheel Steamboat William M. Black which is a National Historic Landmark.
'WHEREAS, FHWA has determined that the proposed construction of the River Discovery
Center will have effects on the 1901 Burlington Northern Freighthouse, the 1891 Burlington
Northern Depot, the Ice Harbor, and archaeological site 13DB571 (the Dubuque Boat and Boiler
Works) as depicted on the map attached hereto as Attachment 2 (site map); and
WHEREAS. the DCHS and FHWA have consulted 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 Presef\ation
Act (16 U.S.C. 470) to seek ways to avoid, reduce, or mitigate the adverse effects of the
construction of the River Discovery Center on historic properties; and
\VHEREAS, the DCHS and the City of Dllbllque have participated in consultation with SHPO,
and ha\e been invited to concur in this Memorandum of Agreement;
NOW, THEREFORE, the FHWA, USFW, COE, NEH, IADOT, SHPO, City of Dubuque, and
DCHS agree that upon acceptance by the Council, they shall proceed in accordance with the
following stipulations in order to take into account the proposed project's effects, ifany, on
historic properties.
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STIPULA TIONS
1. The FHW A will ensure that the following measures are carried out for its River
Discovery Center project:
A. Archaeological site 13DB571, the remains of the former Iowa Iron Works/Dubuque Boat
and Boiler Works
1. DCHS shall implement the Data Recovery Plan attached as Appendix 1 to recover
information from archaeological site 13DB571 which is considered significant for
understanding the role of the former Dubuque Boat and Boiler Works in boat
construction and engineering primarily for river navigation.
2. The SHPO will be provided with monthly progress reports by DCHS and/or the
archaeological consultant. The SHPO will make one or more site visits in order to
review the data recovery field work for thoroughness and compliance with the
DRP, so that at its completion, construction of the proposed facilities may be
allowed to proceed and will not be delayed while the lab work and writing of the
report are being finished.
3. The DCHS shall monitor the site area during and after construction to assess
potential damage to site deposits caused by increased runoff and soil erosion
related to landscape alterations in adjacent construction areas, and if detected, shall
take appropriate steps to avoid further erosion.
4. The DCHS shall prohibit any activities in the site area, once project construction
has been completed, that may lead to further ground disturbance and potential soil
erosion including alteration of surface drainage patterns.
5. The DCHS shall withhold inforn1ation concerning the nature and location of the
site to avoid attracting vandalism or theft.
G. The SHPO will review the completed documentation report for professional and
technical compliance with the Data Recovery Plan included in Appendix 1, with
the Guidelines for Archaeological Investigations in Iowa, and with the Secretary of
the Interior's guidelines. The completed documentation report will be filed with
the State Historical Society of Iowa, and with the Office of the State Archaeologist.
Materials reco\ued from the site will be archived and curated at the new
Mississippi River Discovery Center or at other approved facilities in Iowa so as to
be available for future study.
7. A general publication will be produced as a result of this recordation. The general
publication will be prepared in conjunction with the general publication for the Ice
Harbor as discussed below. Details of this recordation will be based on newspaper,
archival records, archaeological research, and photographic research.
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B. The Ice Harbor
1. DCHS shall implement a recordation of the Ice Harbor that will focus on the
construction, history, and use of the Ice Harbor. The recordation will explore the role
of the Ice Harbor within the City of Dubuque's history and within the history of
Mississippi River navigation. A general publication will be produced as a result of
this recordation. The general publication will be prepared in conjunction with the
general publication for archaeological site 13DB571, the former Dubuque Boat and
Boiler Works. Details of this recordation will be based on newspaper, archival
records, archaeological research, and photographic research.
2. The general publication will be presented in an attractively illustrated informational
booklet produced for the public. The publication is anticipated to be approximately
twenty-five pages in length. It is to be authored by a professional historian with
demonstrated writing ability and familiarity with historical research, professionally
edited and produced by a professional graphic artist consultant, and produced by a
printing firm capable of producing high quality materials. The booklet will be
equivalent in readability, graphic design, quality of cover and paper, to William C.
Page and Leah D. Rogers, Walking to Work: Victorian Life in Des Moines (1997).
3. At least 1,200 copies of this publication will be printed. Distribution will be made as
indicated below. In order to help gain further public awareness of the significance of
the Ice Harbor and the former Dubuque Boat and Boiler Works, the manuscript with
accompanying illustrative material will also be submitted to Iowa Heritage Illustrated
(formerly the Palimpsest) for consideration as an article in this magazine of popular
history.
4. A copy of the draft text and photographslillustrations will be submitted to SHPO for
approval. The DCHS shall address in writing all comments received from the SHPO.
If the SHPO does not comment within forty-five (45) days from receipt, the DCHS
may proceed with preparation of the final draft and layout of the booklet. Using tl'e
final draft manuscript, the DCHS will produce a mock up of the booklet for the SHPO
review and approval. If the SHPO does not comment within forty-five (45) days
from receipt, the DCHS may proceed with preparation of the final for publication of
the booklet.
5. Distribution o/copies: The DCHS will provide the State Historical Society oflowa
with 100 copies of the published booklet, the Dubuque Historic Preservation
Commission with 50 copies; the Dubuque Public Library 5 copies; the Iowa DOT and
FHW A with 100 copies. Consideration should be given to providing copies to each
ofIowa's public libraries, to each ofIowa's university, community college and other
college libraries, to each area wide education agency, to each school library in
Dubuque and in Dubuque County, and to each regional and state library. One copy
will be provided to each local and regional newspaper within the Dubuque area.
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C. The 1891 Burlington Northern Depot
All construction and rehabilitation activities will be conducted in accordance with the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
IIistorie Properties. Preliminary plans and specifications will be submitted to the
Review and Compliance staff of the State Historical Society for their review and
comments. Staff comments and recommendations will be taken to account, and if
deemed necessary by such staff, revised preliminary plans and specifications will be
provided. Final plans and specifications will be submitted to SHSI staff for review and
approval prior to the commencement of construction.
D. The 1901 Burlington Northern Freighthouse
All construction and rehabilitation activities will be conducted in accordance with the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Properties. Preliminary plans and specifications will be submitted to the
Review and Compliance staff of the State Historical Society for their review and
comments. Staff comments and recommendations will be taken to account, and if
deemed necessary by such staff, revised preliminary plans and specifications will be
provided. Final plans and specifications will be submitted to SHSI staff for review and
approval prior to the commencement of construction.
E. Unexpected Archaeological Discoveries
1. In the event that previously unidentified archaeological resources are discovered
during ground disturbing activities within the area of potential effects, the DCHS
shall halt all construction work involving subsurface disturbance in the area of the
resource and in the surrounding area where further subsurface remains can
reasonably be expected to occur. DCHS shall notify and consult with FHW A,
IADOT, and SHPO about the discovery.
2. The SHPO, or an archaeologist retained by the DCHS that meets the Secretary of
the Interior's Standards for historical archaeology, will immediately inspect the
work site and determine the extent of the affected archaeological resource.
Construction work may then continue in the area outside the archaeological
resource as it is defined by the SHPO or by SHPO in consultation with the DCHS's
retained archaeologist.
3. Within 14 days of the original notification of discovery, the FHW A will ensure that
the DCHS, in consultation with the SHPO, determines the National Register
eligibility of the resource. The FHW A, IADOT, or the DCHS may extend this 14-
day calendar period one time by an additional 7 days providing written notice to
the SHPO prior to the expiration date of said 14-day calendar period.
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4. If the resource is detennined eligible for the National Register, the DCHS shall
submit to the IADOT and FHW A a plan for its avoidance, protection, recovery of
information, or destruction without data recovery. Such plan shall be approved by
the SHPO prior to implementation.
5. Work in the affected area shall resume pending either:
a) development and implementation of an appropriate data recovery or other
recommended mitigation procedures, or
b) detennination that the located remains are not eligible for inclusion on the
National Register.
6. Any disputes concerning the evaluation or treatment of previously unidentified
resources will be resolved as provided in Section V of this agreement entitled
Dispute Resolution.
II. Provisions for Future Construction
A. In the event that the DCHS wishes to consider future construction as part of this
undertaking that is likely to affect properties listed in or considered eligible for listing in
the National Register of Historic Places, the DCHS shall prepare a data recovery plan in
consultation with FHW A, IADOT, and SHPO for the recovery of archaeological data
from the affected site. The data recovery plan shall be consistent with the Secretary of
the Interior's Standards and Guidelines for Archaeological Documentation (48 FR 44734-
37, September 29, 1983) and shall take into account the Council's publication, Treatment
of Archaeological Properties (1980). The data recovery plan shall specify at a minimum,
the following:
1. the property, properties, or portions of properties where data recovery is to be
carried out;
2. any property, properties, or portions of properties that will be altered without data
recovery;
3. the research questions to be addressed through the data recovery, with an
explanation of their relevance and importance;
4. the methods to be used, with an explanation of their relevance to the research
questions;
5. the methods to be used in analysis, data management, and dissemination of data,
including a schedule;
6. the proposed disposition of recovered materials and records;
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7. proposed methods for disseminating results of the work to the interested public; and
8. a schedule for the submission of progress reports to the SHPO.
B. The DCHS shall submit the data recovery plan to FHW A, IADOT, and SHPO for review
and approval. The review period will not exceed 30 calendar days. Unless FHW A,
IADOT or SHPO objects within 30 calendar days after receipt of the data recovery plan,
the DCHS shall implement the plan.
C. Any objections to the data recovery plan shall be resolved following the process set forth
in Part V of this Agreement entitled Dispute Resolution.
III. Accidental Discovery of Human Remains
All human burials in the state ofIowa are protected by law. In the event that human remains or
burials are encountered during additional archaeological investigations or construction activities,
the DCHS or its designated representative shall cease work in the area, take appropriate steps to
secure the site, and notify officials at the Burials Program at the Office of the State
Archaeologist, the Iowa Department of Health if appropriate, IADOT, and FHW A. If the
remains appear to be ancient (i.e., older than 150 years), the burial would be legally protected
under Chapter 263B of the Iowa Code and would fall under the jurisdiction of the Burials
Program at the Office of the State Archaeologist. If the remains appear to be less than 150 years
old, the burial would be legally protected under Chapter 566 of the Iowa Code and would fall
under the jurisdiction of the Iowa Department of Health.
IV. Professional Qualifications
All archaeological work carried out pursuant to this agreement shall be conducted by or under
the direct supervision of an archaeologist who meets, at a minimum, the Secretary of the
Interior's Qualifications Standards for Historical Archaeology (48 FR 44738-9, September 29,
1983 ).
All historical work carried out pursuant to this agreement shall be conducted by or under the
direct supervision of an historian who meets, at a minimum, the Secretary of the Interior's
Qualifications Standards for Historians (48 FR 44738-9, September 29,1983).
V. Dispute Resolution
Any party to this agreement may object in writing to the FHW A within 30 days to any actions
carried out pursuant to this agreement. Upon receiving such notice, the FHW A shall consult
with the objecting party to resolve the objection. If the FHWA detem1ines that the objection
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cannot be resolved, they shall forward all documentation relevant to the dispute to the SHPO.
Within 30 days following receipt of all pertinent documentation, the SHPO shall either:
a) provide the FHW A with recommendations, which the FHW A shall take into
account in reaching a final decision regarding the dispute; or
b) notify the FHW A that it will comment within an additional 30 days. Any SHPO
comment provided in response to such a request will be taken into account by the
FHW A with reference only to the subject of the dispute.
Any recommendation or comment provided by the SHPO will be understood to pertain only to
the subject of the dispute; the responsibility of the FHW A, IADOT, and the DCHS to carry out
all other actions pursuant to this agreement that are not the subject of the dispute shall remain
unchanged.
VI. Amendments
This Memorandum of Agreement may be amended upon the agreement of the signatories. 36
CFR 800.6( c )(7) shall govern the execution of any such amendment.
VII. Termination
A. If any party to this agreement determines that it cannot implement the terms of the MOA
or determines that the MOA is not being properly implemented, then that party may
propose to the other parties that the MOA be terminated.
B. The party proposing to tern1inate this MOA shall so notify all other parties to this MOA
in writing explaining the reasons for termination and affording them at least thirty (30)
days to consult and seek alternatives to termination.
C. Should such consultation fail, any signatory may terminate the MOA.
D. Should the MOA be tenninated, the FHW A shall either:
I. Consult to develop a new MOA; or
2. Request the comments of the Council
Execution of this Memorandum of Agreement by the parties, its acceptance by the Council, and
implementation of its terms, evidence that the FHW A have afforded the Council an opportunity
to comment on the proposed construction of the River Discovery Center and its effects on
historic property, and that the FHW A have taken into account the effects of the undertaking on
historic property.
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APPROVED: FEDERAL HIGHWAY ADMINISTRATION
By:
(~~~ ~1 ,f/
Name Gerald L. Kenne
Title Environment, Realty and IT Team Leader
Date: 10 It 7/ (TO
,
APPROVED: U. S. FISH AND WILDLIFE SERVICE
By:
Date:
Name
Title
APPROVED: U. S. ARMY CORPS OF ENGINEEERS
By
Date
Name
Title
APPROVED: NATIONAL ENDOWMENT FOR THE HUMANITIES
By:
Date:
Name
Title
APPROVED: IOWA STATE HISTORIC PRESERVATION OFFICER
By:
Date:
Name
Title
CONCUR: DUBUQUE COUNTY HISTORICAL SOCIETY
By:
Date:
Name
Title
9
APPROVED: FEDERAL HIGHWAY ADMINISTRATION
By:
Date:
Name
Title
APPROVED: U. S. FISH AND WILDLIFE SERVICE
By: ~ Date: Cf (/7.) 1..aJrj
~i:eM;~ ~~ ti",f'.,v~\o",llu,WI~ Vet-r-- ~sielV,
APPROVED: U. S. ARMY CORPS OF ENGINEEERS
By
Date
Name
Title
APPROVED: NATIONAL ENDOWMENT FOR THE HUMANITIES
By:
Date:
Name
Title
APPROVED: IOWA STATE HISTORIC PRESERVATION OFFICER
By:
Date:
Name
Title
CONCUR: DUBUQUE COUNTY HISTORICAL SOCIETY
By:
Date:
Name
Title
9
APPROVED: FEDERAL HIGHWAY ADMINISTRATION
By:
Date:
Name
Title
APPROVED: U. S. FISH AND W1LDLIFE SERVICE
By:
Date:
Name
Title
APPROVED: U. S. ARMY CORPS OF ENGINEEERS
By ~ Date:2.3 !>-q~nt:..Zt:2iD
Name
-Title 1);;~/7--
APPROVED: NATIONAL ENDOWMENT FOR THE HUMANITIES
By:
Date:
Name
Title
APPROVED: IOWA STATE HISTORlC PRESERVATION OFFICER
By:
Date:
Name
Title
CONCUR: DUBUQUE COUNTY HISTORlCAL SOCIETY
By:
Date:
~Tarne
Title
9
APPROVED: FEDERAL HIGHWAY ADMINISTRA nON
By:
Date:
Name
Title
APPROVED: U. S. FISH AND WILDLIFE SERVICE
By:
Date:
Name
Title
APPROVED: U. S. ARMY CORPS OF ENGTh'EEERS
By
Date
Name
Title
APPROVED: N...ATIO~AL E!\TJ)OWMENT FOR THE HUMANITIES
By: #~ 1b.u~ Date
-Name .
Title
APPROVED: IOWA STATE HISTORIC PRESERV AnON OFFICER
By:
Date:
Name
Title
CONCUR: DUBUQUE COUNTY HISTORICAL SOCIETY
By:
Date:
Name
Title
9
APPROVED: FEDERAL HIGHWAY ADMINISTRATION
By:
Date:
Name
Title
APPROVED: U. S. FISH AND WILDLIFE SERVICE
By:
Date:
Name
Title
APPROVED: U. S. ARMY CORPS OF ENGINEEERS
By
Date
Name
Title
APPROVED: NATIONAL ENDOWMENT FOR THE HUMANITIES
By:
Date:
Name
Title
By:
Date: q -If/-(()
, D: IOWA STATE HISTORIC PRESERVATION OFFICER
CONCUR: DUBUQUE COUNTY HISTORICAL SOCIETY
By:
Date:
Name
Title
9
APPROVED: FEDERAL HIGHWAY ADMINISTRATION
By:
Date:
Name
Title
APPROVED: U. S. FISH AND WILDLIFE SERVICE
By:
Date:
Name
Title
APPROVED: U. S. ARMY CORPS OF ENGINEEERS
By
Date
Name
Title
APPROVED: NATIONAL ENDOWMENT FOR THE HUMANITIES
By:
Date:
Name
Title
APPROVED: IOWA STATE HISTORIC PRESERV A TION OFFICER
By:
Date:
Name
Title
CONCUR: DUBUQUE COUNTY HISTORICAL SOCIETY
By: /'.:r.--i ~ ~ tj'( /~ (,~
"Name
~ Title
Date.. I ~.j! '
i C),
I
/ j........J
:. "_./
9
.
CONCUR: CITY OF DUBUQUE
By: 11., 1tl~
~
Title
Date: /1J!3/()f)
CONCUR: IOWA DEPARTMENT OF TRANSPORTATION
By:
Date:
Name
Title
10
..
CONCUR: CITY OF DUBUQUE
By:
Date:
Name
Title
CONCUR: IOWA DEPART
//
By' v ~./
" /
)'iJame
/ Title
NT OF TRANSPORT A nON
Date:
/() // 7~(]
/ /'
James Rost
Director, Office of Environmental Services
10