APPENDIX F1. PRELIMINARY DRAFT MEMORANDUM OF AGREEMENT
Environmental Assessment
South Central Light Rail Extension
May 2016
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Environmental Assessment
South Central Light Rail Extension
May 2016
PRELIMINARY DRAFT MEMORANDUM OF AGREEMENT
BETWEEN THE FEDERAL TRANSIT ADMINISTRATION AND
THE ARIZONA STATE HISTORIC PRESERVATION OFFICE
REGARDING THE
SOUTH CENTRAL LIGHT RAIL EXTENSION PROJECT,
PHOENIX, ARIZONA
WHEREAS, the Valley Metro proposes to construct the South Central Light Rail Extension
Project within the city of Phoenix, Arizona and is seeking financial assistance from the U.S.
Department of Transportation, Federal Transit Administration (FTA) for the South Central Light
Rail Extension Project (Project). And, by virtue of this Federal assistance, the Project is an
undertaking subject to Section 106 of the National Historic Preservation Act of 1966 (NHPA), as
amended (54 U.S. Code [U.S.C] 300101) and its implementing regulations at 36 Code of Federal
Regulations [CFR] 800; and
WHEREAS, the Project (Undertaking) consists of an approximately 5-mile-long southern
extension of the existing Valley Metro light rail line along Central and 1st Avenues in central
Phoenix with roadway modifications at 7th Avenue and Interstate 17 (I-17), 7th Street and I-17
and 7th Avenue and Southern Avenue to accommodate light rail operations; park-and ride lots
near Central Avenue/Broadway Road and Baseline Road/Central Avenue; and an expansion of
the existing Operations and Maintenance Center; and
WHEREAS, FTA, in consultation with Arizona State Historic Preservation Officer (SHPO), has
defined the area of potential effects (APE) as the following: the street right-of-way (ROW) and
adjacent property parcels along the proposed Undertaking alignment; the street ROW and new
ROW at the intersections of 7th Street and Interstate 17 (I-17) and 7th Avenue and I-17; land
necessary for staging areas, traction power substations, park-and-ride facilities, and signal
buildings; intersections crossed by the alignment where road improvements are proposed; land
adjacent to the current Central Phoenix/East Valley starter line at Central Avenue and McKinley
Street for special trackwork; the Operations and Maintenance Center property; and for
archaeological resources only, and a vertical depth of 20 feet for ground-disturbing construction
activities; all of the foregoing, the APE, is more specifically depicted in Exhibit [A]; and
WHEREAS, FTA has determined, in consultation with the SHPO, that the Undertaking would
have an adverse effect on archaeological sites AZ T:12:73(ASM)/Pueblo Viejo and
AZ T:12:187(ASM)/Canal Seven, which are eligible for protection in the National Register of
Historic Places (National Register) under Criterion D (36 CFR Part 63); and
WHEREAS, Valley Metro is the Undertaking or Project sponsor, has participated in the
consultation, and has been invited to sign this Agreement as an Invited Signatory; and
WHEREAS, the FTA, is the lead Federal agency for the Undertaking and has consulted with
any known Native American tribes that may attach religious or cultural importance to affected
properties pursuant to 36 CFR § 800.2 (c)(2)(ii)(A-F), and these tribes (the Ak-Chin Indian
Community, the Fort McDowell Yavapai Nation, the Gila River Indian Community, the Hopi
Tribe, the Pascua Yaqui Tribe, the Salt River Pima-Maricopa Indian Community, the San Carlos
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Apache Tribe, the Tohono O’odham Nation, the Tonto Apache Tribe, the White Mountain
Apache Tribe, the Yavapai-Apache Nation, and the Yavapai-Prescott Indian Tribe) have been
invited to be Concurring Parties to this Agreement; and
WHEREAS, the SHPO is authorized to enter into this agreement in order to fulfill its role of
advising and assisting Federal agencies in carrying out their Section 106 responsibilities under
the National Historic Preservation Act of 1996, as amended, (54 U.S.C. § 300101, formerly 16
U.S.C § 470f) and pursuant to 36 CFR Part 800, regulations implementing Section 106, at Parts
800.2(c)(1)(i) and 800.6(b); and
WHEREAS, SHPO is also authorized to advise and assist federal and state agencies in carrying
out their historic preservation responsibilities and cooperate with these agencies under Arizona
Revised Statutes (A.R.S.) § 41-511.04(D)(4); and
WHEREAS, as defined in 36 CFR 800.6(c), FTA and SHPO are the Agreement’s Signatories,
Valley Metro is the Agreement’s Invited Signatory, and all other invited parties who sign the
Agreement are Concurring Parties; and pursuant to Subpart (c), the Signatories have sole
authority to execute, amend, or terminate the Agreement, Invited Signatories have the right to
seek to amend or terminate the Agreement, and Concurring Parties may be consulted pursuant to
procedures identified herein;
WHEREAS, the Arizona State Museum (ASM) has defined authorities and responsibilities
under A.R.S. § 41-841 et seq. for portions of the Undertaking on State lands (defined as
including state, county, city and municipal lands) and under A.R.S § 41-865 for portions of the
undertaking on private lands, and the ASM has been invited to participate in the consultation and
to concur in this Agreement as a Concurring Party; and
WHEREAS, the Undertaking will take place mostly in City of Phoenix right-of-way, and the
City of Phoenix has been invited to participate in the consultation and to concur in this
Agreement as a Concurring Party; and
WHEREAS, in accordance with 36 CFR Part 800.6(a)(1), FTA has notified the Advisory
Council on Historic Preservation (ACHP) of the adverse effect determination, provided the
documentation specified at 36 CFR Part 800.11, and on (pending), ACHP chose not to
participate in consultation pursuant to 36 CFR Part 800.6(a)(1)(iii),
NOW, THEREFORE, the FTA, the SHPO, the City of Phoenix, and Valley Metro agree that
the Undertaking shall be implemented in accordance with the following stipulations in order to
take into account any effects of the Undertaking on historic properties.
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STIPULATIONS
The FTA shall ensure that the following measures are carried out as a condition of any approval
or disbursement of federal funding for the Undertaking:
Stipulation 1: Historic Properties Treatment Plan
A. Valley Metro shall develop a Historic Properties Treatment Plan (HPTP). The HPTP will
define the specific field methodologies to be utilized, including procedures to be followed for
archaeological monitoring of the Undertaking’s construction activities process;
archaeological data recovery for sites AZ T:12:73(ASM), Pueblo Viejo; and AZ
T:12:187(ASM), Canal Seven as described in Stipulation 1B; and unanticipated discovery,
during construction, of additional historic properties or human remains within the APE that
may be affected by the Undertaking, as described in Stipulation 4.
The HPTP shall be developed consistent with the Secretary of Interior’s Standards and
Guidelines for Archaeological Documentation (48 Federal Register 44734–37) and the
ACHP’s Treatment of Archaeological Properties: A Handbook. Procedures for reporting,
and procedures for the disposition of materials and records in the HRTP shall be developed
in accordance with A.R.S. § 41-844.
B. The HPTP shall include procedures for:
1. Testing and investigation at sites AZ T:12:73(ASM), Pueblo Viejo, and
AZ T:12:187(ASM), Canal Seven, to locate significant archaeological deposits within the
APE;
2. Data recovery at AZ T:12:73(ASM), Pueblo Viejo, and AZ T:12:187(ASM), Canal
Seven, to the extent that such data may exist in the APE and may be affected by the
Undertaking;
3. Research questions to be addressed though the data recovery, their data requirements,
methods to be used in fieldwork and analysis, and an explanation of their relevance and
importance;
4. Monitoring at site AZ T:12:70(ASM), Pueblo Patricio, during construction activities in
the vicinity of the site’s suspected location within the APE. In the unlikely event that any
such cultural deposits associated with the site are encountered, discovery procedures will
be followed per Stipulation 4;
5. Treating, evaluating, and monitoring unanticipated or newly identified historic properties
within the APE during construction of the Undertaking, which procedures shall require
consultation with Signatories, Invited Signatories, and Concurring Parties to this
Agreement;
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6. Recovering, treating, and identifying disposition of human remains associated funerary
items, and objects of cultural patrimony in the event that such remains are discovered.
The procedures will reflect concerns and/or conditions identified as a result of
consultations; and
7. Disposition and curation of all recovered materials and records resulting from the data
recovery program at the ASM, or other qualified repository, in accordance with standards
36 CFR Part 79 for recovered materials and records on Federal lands and guidelines
generated by ASM. All materials subject to repatriation under A.R.S § 41-844 and
A.R.S. § 41-865 shall be maintained in accordance with the Burial Agreement until any
specified analyses, as determined following consultation with the appropriate Indian
tribes and individuals, are complete and the materials are returned;
8. Analysis, data management, and dissemination of data to the professional community and
the public, including a proposed schedule for project tasks and for the submission of draft
and final reports to Signatories, Invited Signatories, and Concurring Parties (collectively,
Parties); and
9. Schedule and minimum requirements for the content of the Data Recovery Report;
progress reports and final reports.
C. The HPTP shall be submitted to the Signatories, Invited Signatories, and Concurring Parties
to this Agreement for a 30-day review.
1. If any reviewing party fails to respond with comments within 30 days of receipt of the
initial submission of the HPTP, FTA may assume that party’s concurrence with the
HPTP.
2. If, as a result of this review, revisions to the HPTP are necessary, Valley Metro will
provide the revised plan to all Parties for their review. The Parties will have 20 days from
receipt to comment on any revisions proposed. Lack of response within this review
period will be taken as concurrence with the plan.
Stipulation 2. Data Recovery Report
A. Upon completion of all data recovery, a report will be prepared incorporating all appropriate
data analyses and interpretations. The schedule for completion of the report will be outlined
in the HRTP, and in consultation with all Parties to the Agreement.
B. Valley Metro shall distribute the draft Data Recovery Report to all Parties to this Agreement
for review. The report will contain confidential information and its distribution shall be
restricted to the Parties to this Agreement. All Parties to this Agreement will have 30
calendar days from receipt to review and provide written comments to FTA and Valley
Metro. Lack of response, in writing, within this review period shall be understood as
concurrence with the report.
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C. If revisions to the data recovery report are made, all parties to the Agreement shall have 20
calendar days from receipt to review the revisions and provide written comments to FTA and
Valley Metro. Lack of response within this review period will be taken as concurrence with
the report.
D. Valley Metro, in coordination with FTA, shall ensure that any written comments received are
taken into account during the preparation of the final document.
Stipulation 3. Supplemental Inventory Survey
A. Valley Metro, in consultation with all Parties to this agreement, shall ensure that
supplemental inventory surveys of additional rights-of-way, temporary construction
easements, and any staging or use areas will include recommendations of eligibility that are
made in accordance with36 CFR § 800.4 for all cultural resources. Pursuant to 36 CFR Part
800.4(c), the FTA and Valley Metro shall, in consultation with the SHPO, make a
determination of National Register eligibility for any additional resources identified by
supplemental inventory survey as within the APE and potentially affected by the
Undertaking. Should a dispute arise over the eligibility of any resources, the FTA shall
submit the dispute to the Keeper of the National Register for a formal determination of
eligibility.
B. Pursuant to 36 CFR Part 800.13, the FTA and Valley Metro shall evaluate the effects of the
Undertaking on additional properties identified by the supplemental inventory survey as
eligible for the National Register, within the APE, and potentially affected by the
Undertaking. Valley Metro shall make reasonable efforts to avoid, minimize or mitigate
adverse effects on properties that satisfy the aforementioned three criteria.
Stipulation 4. Unanticipated Discoveries
A. If potential historic or prehistoric archaeological materials or properties are discovered after
construction begins, the person in charge of the construction shall require construction to
immediately cease within the area of the discovery, take steps to protect the discovery, and
promptly report the discovery to Valley Metro. Valley Metro will report the discovery to the
FTA and SHPO within 48 hours of the discovery and consult with appropriate agencies. The
evaluation and any necessary treatment of the discovery will be conducted consistent with 36
CFR § 800.13(b) (3).
B. If human remains or funerary objects are discovered, Valley Metro shall require construction
to immediately cease within the area of the discovery, take steps to protect the discovery, and
notify and consult with appropriate Native American tribes to determine treatment and
disposition measures in accordance with the previously implemented burial agreement.
Valley Metro, on behalf of FTA, shall inform the Director of the ASM and SHPO of the
discovery.
C. If human remains are not involved, then Valley Metro, shall evaluate the discovery, and in
consultation with FTA and SHPO, determine if the HPTP previously approved in accordance
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with Stipulation 1 is appropriate to the nature of the discovery. If appropriate, the HPTP shall
be implemented by Valley Metro. If the HPTP is not appropriate to the discovery, Valley
Metro, in coordination with FTA and in consultation with SHPO, shall ensure that an
alternate plan for the resolution of adverse effects is developed pursuant to 36 CFR Part
800.6 and circulated to the Parties to this Agreement to review and comment as per the
process outlined in Stipulation 1.
D. Valley Metro will ensure that the institution, firm, or consultant responsible for the work
obtains a Burial Agreement from the ASM in accordance with A.R.S § 41-844 and A.R.S. §
41-865 and thereafter adheres to the terms of that Burial Agreement in the event Human
Remains, Funerary Objects, Sacred Objects, and Objects of Cultural Patrimony are
encountered during the investigation. The Burial Agreement will be implemented to treat and
repatriate any American Indian remains and cultural items that may be encountered during
construction of the Project on local government, state, and private land. If human remains or
cultural items are discovered on federal land, the federal agency managing the land will treat
the human remains and cultural items in accordance with the NAGPRA.
Stipulation 5. Restricted Distribution of Sensitive Information
A. Information about the location of cultural resources shall be treated as confidential and not
released to the public or other unauthorized entity, consistent with Section 304 of the NHPA
and Section 9 of the Archaeological Resources Protection Act (16 U.S.C. 470hh).
B. The Parties to this Agreement will not retain sensitive information, including but not limited
to archaeological and ethnographic data and other similar information, obtained from other
Parties beyond the time that it is needed to review, evaluate, and make decisions about the
Project. All sensitive information will be treated as pre-decisional and confidential
information while in the possession of any of the Parties. All sensitive information will be
returned to the appropriate originating Party, will not be copied without the written consent
of the owner, and will not become part of the official Project record.
Stipulation 6. Amendments to this Agreement
If any Signatory or Invited Signatory determines an amendment to its terms is needed, that party
shall immediately notify FTA and request an amendment. The proposed amendment shall be
submitted in draft form with the request. The Signatories and Invited Signatories to this MOA
will consult to review and consider such an amendment. If the Signatories and Invited
Signatories agree to the amendment, the amendment will become effective on the date it is
signed by all the original signators. FTA shall file any amendments with the ACHP and provide
notice of the amendment to the parties to this MOA.
Stipulation 7. Coordination with Other Federal Reviews
In the event any other federal agency provides funding, permits, licenses, or other assistance to
Undertaking as it was planned at the time of the execution of this MOA, such funding or
approving agency may comply with Section 106 by agreeing in writing to the terms of this MOA
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and so notifying and consulting SHPO and ACHP. Any necessary amendments will be
coordinated pursuant to Stipulation 6.
Stipulation 8. Dispute Resolution
A. Should any Party to this Agreement object in 30 days to any actions proposed pursuant to this
Agreement, the FTA and Valley Metro shall consult with the objecting Party to resolve the
objection. If the FTA determines that the objections cannot be resolved, the FTA shall
forward all documentation relevant to the dispute to the Advisory Council on Historic
Preservation (Council), and inform any other appropriate parties of the nature of the dispute.
The FTA will request of the Council that, within 30 days after receipt of all pertinent
documentation, the Council will either:
3. Provide the FTA with comments, which the FTA will take into account in reaching a
final decision regarding the dispute; or
4. Notify the FTA that it will comment pursuant to 35 CFR Part 800.13, and proceed to
comment. Any Council comment provided in response to such a request will be taken
into account by FTA in accordance with 36 CFR Part 800.13 with reference to the subject
of dispute.
B. Any recommendation or comment provided by the Council will be understood to pertain only
to the subject of the dispute. FTA’s responsibility to carry out all action under this
Agreement that is not the subject of the dispute will remain unchanged.
Stipulation 9. Professional Qualifications
All historic preservation work carried out pursuant to this MOA shall be conducted by or under
the direct supervision of an individual or individuals who meet, at a minimum, the Secretary of
Interior’s Professional Qualifications Standards (48 Federal Register 44738–9, September 1983).
Stipulation 10. Duration and Termination
This Agreement shall commence upon execution by FTA, Valley Metro, and the SHPO. This
Agreement shall remain in full force until completion of the construction of all aspects of the
Project. Property generated or discovered by the Project as a result of this Agreement shall be
disposed of in accordance with Stipulations 1(B)7, 1(B)8, and 5. No extension or modification
will be effective unless all signatory parties to the Agreement (exclusive of concurring parties)
have agreed to it in writing. In the event that participation by any party other than the FTA, and
the SHPO terminates, the Agreement will remain in force for all other parties. In the event that
FTA and the SHPO agree that the Agreement should be terminated, the FTA shall comply with
36 CFR Part 800.3 through 800.6 with regard to the actions covered by this Agreement.
Stipulation 11. Fulfillment of the Terms of this Agreement
In the event Valley Metro or the FTA cannot not carry out the terms of this Agreement, the FTA
will comply with 36 CFR Part 800.3 through 800.6.
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This Agreement shall be null and void if its terms are not carried out within ten (10) years from
the date of its execution, unless the signatories (exclusive of the concurring parties) agree in
writing to an extension for carrying out its terms.
Execution of this MOA by the signatories and implementation of its terms serve as evidence that
FTA has taken into account the effects of the Undertaking on historic properties and has afforded
the Council its opportunity to comment.
SIGNATORIES
Federal Transit Administration
By: ____________________________ Date: ____________
Title: __________________________
Arizona State Historic Preservation Officer
By: ____________________________ Date: ____________
Title: _________________________
[Advisory Council on Historic Preservation]
By:____________________________ Date:_____________
Title: _________________________
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INVITED SIGNATORIES
Valley Metro
By: ___________________________ Date: ________________
Title: __________________________
CONCURRING PARTIES
City of Phoenix
By: ___________________________ Date: ________________
Title: __________________________
Arizona State Museum
By: __________________________ Date: _________________
Title: _________________________
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Ak-Chin Indian Community
By: _____________________________ Date: ________________
Title: ___________________________
Fort McDowell Yavapai Nation
By: ____________________________ Date: __________________
Title: ___________________________
Gila River Indian Community
By: __________________________ Date: __________________
Title: _________________________
Hopi Tribe
By: _________________________ Date: ___________________
Title: ________________________
Pascua Yaqui Tribe
By: _________________________ Date:____________________
Title: ________________________
Salt River Pima-Maricopa Indian Community
By: ________________________ Date: ____________________
Title: ______________________
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San Carlos Apache Tribe
By: _________________________ Date: _________________
Title: ________________________
Tohono O’odham Nation
By: _________________________ Date: ________________
Title: ________________________
Tonto Apache Tribe
By: ________________________ Date: __________________
Title: ______________________
White Mountain Apache Tribe
By: __________________________ Date: ________________
Title: ________________________
Yavapai-Apache Nation
By: __________________________ Date: _________________
Title: ________________________
Yavapai-Prescott Indian Tribe
By: __________________________ Date: __________________
Title: _______________________
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EXIBIT A
AREA OF POTENTIAL EFFECTS MAPS
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