PROGRAMMATIC AGREEMENT AMONG THE SMITHSONIAN INSTITUTION THE DISTRICT OF COLUMBIA STATE HISTORIC PRESERVATION OFFICE THE NATIONAL CAPITAL PLANNING COMMISSION THE NATIONAL PARK SERVICE AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION REGARDING THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE WHEREAS, on December 16, 2003, Public Law No. 108-184, 117 Stat. 2676, (codified at 20 USC 80r et seq.), (the NMAAHC Act ) was enacted, creating within the Smithsonian Institution (SI) a museum by the name of the (NMAAHC); and WHEREAS, pursuant to Section 8 of the NMAAHC Act, the SI Board of Regents was authorized to plan, design and construct a building for the museum; and WHEREAS, said Section 8 directed the Regents to consult with the Chair of the National Capital Planning Commission (NCPC), the Chair of the US Commission of Fine Arts (CFA), and the Chair and Vice Chair of the NMAAHC Plan for Action Presidential Commission established by Congress in 2001, and others; and WHEREAS, pursuant to Section 8 (a)(1)(a) of the NMAAHC Act, on January 30, 2006, the Regents designated the site listed in Section 8(b)(ii) of the Act the area bounded by Constitution Avenue, Madison Drive, and 14 th and 15 th Streets, NW (Monument Site) - as the site for the museum; and WHEREAS, the Monument Site lies within the Washington Monument Grounds, a property listed in the National Register of Historic Places (National Register), and under the jurisdiction of the National Park Service (NPS); and WHEREAS, on June 1, 2007, the approximately five-acre Monument Site was transferred from the NPS to the SI; and WHEREAS, the Monument Site is located immediately adjacent to the National Mall, President s Park South and Federal Triangle Historic Districts, and to Constitution Avenue, NW, and 15 th Street, NW, 1
which are elements of the Plan of the City of Washington (L Enfant Plan), and these properties are also listed in the National Register; and WHEREAS, pursuant to Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f and its implementing regulations, 36 CFR Part 800, (Section 106), federal agencies must take into account the effects of their undertakings on any district, site, building, structure or object that is included in or eligible for inclusion in the National Register and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment; and WHEREAS, pursuant to Public Law 108-72, 117 Stat. 888 (August 15, 2003), for projects in the District of Columbia subject to review and approval of NCPC pursuant to 40 U.S.C. 8722(d), the SI is deemed to be a federal agency for purposes of compliance with Section 106; and WHEREAS, pursuant to 36 CFR 800.3(a), the SI has determined that the design and construction of the Museum is an undertaking subject to the Section 106 process in accordance with Public Law 108-72, 117 Stat. 888 (August 15, 2003) ( the Undertaking ); and WHEREAS, pursuant to 36 CRF 800.5 the SI, in consultation with the District of Columbia State Historic Preservation Office (DC SHPO), has determined that the undertaking will have an adverse effect on historic properties; and WHEREAS, the SI has notified the ACHP of the adverse effect in accordance with 36 CFR 800.6(a)(1) and consulted with the ACHP pursuant to 36 CFR 800.14(b) and the ACHP has elected to participate in the consultation to develop this Programmatic Agreement (PA); and WHEREAS, the SI has consulted with and invited the NCPC to be a Signatory to this PA because NCPC is the central planning agency for the federal government in the National Capital Region, has approval authority over the Undertaking, and has been assigned other roles and responsibilities under this PA; and WHEREAS, the procedures of NCPC require completion of NHPA and National Environmental Policy Act (NEPA) compliance prior to final approval of projects within the District of Columbia under the National Capital Planning Act of 1952, and such approval is considered a separate undertaking pursuant for 36 CFR 800. NCPC has participated in consultation on this Undertaking, as led by SI. NCPC has taken into account the effects of its own undertaking on historic properties; and WHEREAS, the SI has consulted with and invited the NPS to be a Signatory to this PA because some of the mitigation measures with the NMAAHC will be carried out on lands under NPS jurisdiction and because the NPS has been assigned other roles and responsibilities under this PA; and WHEREAS, this PA, through certain stipulations, corresponds to the November 2010 National Mall Plan PA signed by the NPS, ACHP, DC SHPO, and others, through which the NPS is taking into account the effects of the National Mall Plan s undertakings on historic properties; and 2
WHEREAS, since 2005, the SI has also consulted with the Afro-American Historical and Genealogical Society, the Association for the Study of African American Life and History, CFA, the Committee of 100 on the Federal City, the DC Preservation League, the US General Services Administration, the Guild of Professional Tour Guides, the National Coalition to Save Our Mall, the National Trust for Historic Preservation, and the US Capitol Historical Society, (collectively referred to as the Consulting Parties) to resolve the adverse effects of the Undertaking; and WHEREAS, beginning in 2005, the SI invited and engaged the Consulting Parties in activities including a bus tour and site visits to the National Mall and the Monument Site; more than thirty consultation and agency meetings; and more than four joint Section 106-NEPA public meetings. SI also provided opportunities for the Consulting Parties to comment on a range of alternatives and posted information continually on the NMAAHC project web site at www.nmaahceis.com; and WHEREAS, the SI also invited the general public and members of the organizations included in Attachment 1 to comment on the effects of the Undertaking on historic properties; and WHEREAS, the Area of Potential Effect (APE) shown in Attachment 2 was defined through the Section 106 consultation process and includes the National Mall, the Washington Monument Grounds, the White House and Ellipse, West Potomac Park, the Federal Triangle, views and vistas associated with the L Enfant Plan, properties individually listed in the National Register and National Historic Landmarks; and WHEREAS, the Design Principles included in Attachment 3 and the Effects Analysis Matrix included in Attachment 4 were also defined through the Section 106 consultation process to identify the potential adverse effects of the various design alternatives and to provide guidance to the SI and the project architects regarding ways to avoid and minimize adverse effects on historic properties; and WHEREAS, the SI considered the information provided by the public in the development of both the Section 106 and NEPA review processes; and considered and addressed consulting party comments in meetings; posted annotated meeting notes on-line; and incorporated consulting party ideas on alternatives, including the Preferred Alternative; and WHEREAS, the NEPA Environmental Impact Statement (EIS) analysis was divided into two tiers to facilitate analysis of adverse effects by evaluating six potential massing alternatives in Tier I and a more developed set of design concepts known as the Plinth, Plaza, Pavilion, Blended and Refined Pavilion Schemes in Tier II (available at www.nmaahceis.com), and by utilizing the information gathered from these evaluations to shape the Preferred Alternative, current as of September, 2011, in a manner that minimizes adverse effects on historic properties to the extent possible; and WHEREAS, any substantive building construction on the selected site causes unavoidable adverse effects on historic properties; and WHEREAS, the adverse effects that are most likely to diminish the integrity of the affected historic properties to the greatest degree continue to relate to the size, scale, massing and location of the above 3
ground building, its projecting porch element which will encroach upon the McMillan Plan setback of 445 feet from the centerline of the National Mall, and the views the building will obstruct to and from the Washington Monument from 14 th Street and Constitution Avenue NW, and to and from the Federal Triangle complex, including the Mellon Auditorium, Labor Department, ICC Building and the Herbert C. Hoover Department of Commerce Building, as illustrated in the before and after images shown in Attachment 5; and WHEREAS, pursuant to the consultation conducted under 36 CFR 800.14(b), the Signatories have developed this PA to take into account the adverse effects of the Undertaking on historic properties, identify means to minimize and mitigate the adverse effects, and establish procedures to continue consultation to resolve any future adverse effects that may result from the on-going development and design review of the NMAAHC; and NOW, THEREFORE, SI, DC SHPO, NCPC, NPS and the ACHP agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the NMAAHC on historic properties. STIPULATIONS The SI shall ensure that the following measures are carried out: MINIMIZATION MEASURES The following measures shall be implemented to minimize the adverse effects of the Undertaking on historic properties and to enhance views to and from the Washington Monument and the Federal Triangle: 1. The minimization measures listed below were based upon the Design Principles developed by the Consulting Parties and Signatories (see Attachment 3) and shall be incorporated into the design of the NMAAHC and its site. The physical dimensions and other characteristics of the NMHAAC, as seen in Attachments 5 and 6, will serve as baseline information upon which all future revisions to the NMAAHC and its site shall be compared and measured: a. The visible mass of the building has been limited by placing approximately 55% of the useable space below grade. b. The massing of the building above grade will not exceed 216 feet on any side which forms the outside dimension of the Corona. Design studies shall continue to be undertaken to identify ways to further limit the size of the Corona pursuant to Stipulation 11 of this PA. c. The height of the building and penthouse will not exceed the limits stipulated in Section 5 of the Heights of Buildings Act of 1910, (ch. 263, 36 Stat. 452; D.C. Code 6-601.05). Elevation studies, included in Attachment 6, establish reference points for the relationship of the 4
NMAAHC to surrounding datum lines of other buildings. The height of the NMAAHC will not exceed 126 feet above mean sea level or the top of the roof of the Department of Commerce Building as shown in Attachment 6. d. The overall landscape plan and circulation paths of the NMAAHC site have been designed to be as compatible as possible with the naturalistic, curvilinear and Olmstedian characteristics of the Washington Monument Grounds as established in the original 1851 landscape plan by Alexander Jackson Downing, and to maximize views to the Washington Monument from the corner of Constitution Avenue and 14 th Street, NW. e. The design of the landscape on the north side of the site has been refined to be more in keeping with the landscape character along the rest of Constitution Avenue. The rain garden, a major feature on Constitution Avenue, has been modified from a naturalistic swale dependent on rainwater for its effect, to an edged water feature, reflective of the Tiber Creek/Washington Canal, in keeping with the curbs and materials along the formal sidewalks of Constitution Avenue. The bermed effect approaching the north museum entrance will be no higher than the dimensions as shown in Attachment 6, the design at the time of the last signature of this PA. f. The first floor will be maintained as a glass wall and the size of the interior core elements, such as elevators, have been regularized to increase the clear area for views through the building and to view the expansive exterior landscape from the interior lobby. g. The design of the porch element south of the Corona projects into the historic 445 foot setback established for primary building facades as part of the McMillan Plan from the centerline of the Mall. Design studies, which have reduced the porch from 50 feet deep and 220 feet wide to 44 feet deep and 200 feet wide will continue to be undertaken to identify ways to reduce the size and scale of this feature and to minimize its intrusion into the open Mall and across the south face of the Corona. This feature will not exceed the dimensions shown in Attachment 6, the design at the time of the last signature of this PA. h. Security walls will be integrated into the landscape in a seamless way with only the minimum number of bollards at pathway intersections to avoid a hardened appearance of the site. i. The presence of proposed site features has been reduced and refined over time, including the elimination of large skylights at grade, the repositioning of the oculus feature closer to the north entrance and the reduction and possible elimination of the mechanical vaults near 14 th street. The entrance to the service drive has been pulled back to increase the sidewalk planting strip on 14th Street and to soften the effect of the driveway as exhibited in the site plan in Attachment 6. Studies will continue to be undertaken to identify ways to eliminate or further reduce the size of the mechanical vault on the eastern side of the site. 5
MITIGATION MEASURES The following measures shall be implemented to mitigate the adverse effects of the Undertaking on historic properties: 2. Monitoring of Adjacent Historic Properties: To ensure that the construction of NMAAHC does not harm the stability of surrounding historic buildings, the SI will compile extensive baseline information to document pre-construction conditions and will develop and implement a Monitoring Plan that requires SI to install, prior to the testing phase, vibration and monitoring devices to be used during testing and through all phases of construction. The baseline information and Monitoring Plan will be developed in consultation with the NPS for the Washington Monument and Grounds and the General Services Administration for the Department of Commerce Building. Testing and construction shall be temporarily halted should any vibration, noise, settlement or unanticipated circumstances as outlined as a benchmark is exceeded in the agreed upon Monitoring Plan. Work shall resume only after remediation and consultation with NPS, GSA and the other signatories to this Programmatic Agreement. 3. Tree Planting on the Washington Monument Grounds: Within two (2) years of the date of the last signature on this PA, the SI shall provide funds to the NPS to complete the unfinished tree plantings specified in the NCPC and NPS-approved Olin Design landscape plan for the Washington Monument Grounds (Olin Plan) which is illustrated in Attachment 7. Minor revisions to the Olin Plan will be necessary to respond to development proposals that did not exist at the time of the Olin Plan s completion, including construction of the NMAAHC, the Potomac Park Levee, and future development proposed for the area surrounding the Sylvan Theater. Within six (6) months of the date of the last signature on this PA, the NPS, in consultation with the SI and NCPC, will annotate the Olin Plan to illustrate SI s responsibility for funding tree planting, and provide copies to the DC SHPO. Since the Olin Plan has already been determined to have no adverse effect on historic properties, the Signatories agree that no further Section 106 consultation will be necessary for implementation of the unfinished tree plantings unless DC SHPO, NCPC, NPS or SI determines that any adjustments to the Olin Plan will constitute a new or intensified adverse effect in accordance with Stipulation 15 of this PA. 4. National Register Amendment for the Washington Monument Grounds: Within three (3) years of the date of the last signature on this PA, the SI shall consult with the NPS to identify, and fund the research necessary for a qualified consultant, who meets The Secretary of the Interior s Qualification Standards, to update the National Register Nomination for the Washington Monument Grounds to reflect the construction of the NMAAHC and other changes that have occurred since the original National Register Nomination was completed. The updated nomination will specifically address the question that arose during the Section 106 consultation regarding the boundaries of the historic property. In addition, the consultant will research and document the history of the Washington Monument Grounds and the NMAAHC site s use for First Amendment activities by a diversity of user groups, including African Americans. After it is approved by NPS, the draft nomination will be submitted for review by the DC SHPO, and will be shared with the Consulting Parties within four (4) years of the date of the last signature on this PA. Within six (6) months of the opening of the NMAAHC (anticipated to open at the 6
end of 2015), the final National Register amendment shall be submitted to the DC SHPO for inclusion in the Inventory of Historic Sites and for review before forwarding to the NPS to make the submission to the Keeper of the National Register. 5. Bulfinch Gate Post Protection Plan: Prior to initiation of construction of the NMAAHC, the SI shall develop and implement a Protection Plan for the Bulfinch Gate Post at the southeast corner of 15 th Street and Constitution Avenue, NW. The Protection Plan shall be developed in consultation with the DC SHPO and shall identify and evaluate a variety of safeguarding measures, including the possible temporary relocation of the Gate Post. 6. National Register Amendment for the Bulfinch Gate Posts and Gate Houses: Within two (2) years of the date of the last signature on this PA, the SI will complete an amendment for the existing National Register Nomination for the Bulfinch Gate Posts and Gate Houses. The amended National Register Nomination shall specifically address the history of all of the Gate Posts and Gate Houses in Washington, DC, regardless of ownership or jurisdiction, and shall include a map to identify their locations. The amended National Register Nomination shall be completed by an individual or individuals who meet The Secretary of the Interior s Qualification Standards and shall be carried out in consultation with the DC SHPO and the NPS. The SI shall submit final copies of the amended National Register Nominations to the NPS and the DC SHPO and shall coordinate with the NPS and DC SHPO to determine the most appropriate means to submit the amended nomination to the Keeper of the National Register for consideration and to update the listing of the Bulfinch Gate Posts and Gate Houses in the DC Inventory of Historic Sites. 7. Bulfinch Gate Post Treatment Plan: Within two (2) years of the date of the last signature on this PA, the SI shall develop a Treatment Plan for the Bulfinch Gate Post at the southeast corner of 15 th Street and Constitution Avenue, NW. The Treatment Plan shall be developed in consultation with the DC SHPO and the NPS; reference the amended Bulfinch Gate Posts and Gate Houses National Register Nomination specified in Stipulation 6 above; evaluate the existing condition of the Gate Post; include a prioritized list of recommended treatments; conform with The Secretary of the Interior s Standards for the Treatment of Historic Properties; be coordinated and consistent with the treatment methods established by the NPS for its Gate Posts; and include specific timeframes for implementation of the recommended treatments. Once the Treatment Plan is complete, the SI shall provide a copy to the DC SHPO and NPS and shall ensure that all future preservation work is undertaken in accordance with the final Treatment Plan. The SI shall also coordinate all future plans for the Gate Post with the NPS to encourage equitable treatment and to maintain the same appearance of the matching Bulfinch Gate Post at the southwest corner of 15 th Street and Constitution Avenue, NW, and all of the other Gate Posts along the National Mall, to the extent feasible. The SI shall be responsible for securing funding for treatment of its Bulfinch Gate Post and the NPS will be responsible for securing funds for treatment of its Bulfinch Gate Posts and Gate Houses. 8. Coordination with the National Mall Plan PA: The SI shall cooperate fully with the NPS as stipulated in the National Mall Plan PA to provide historical documentation and updated National Register 7
nominations on Smithsonian buildings that will assist the NPS in its efforts to update the existing National Register Historic District Nomination for the National Mall, develop a new National Register Nomination for the Monumental Core and prepare a possible National Historic Landmark Nomination or Nominations for the National Mall and the Monumental Core. SI s cooperation will be an on-going effort that will be carried out in consultation with the DC SHPO and the other parties referenced in the National Mall Plan PA. 9. HABS/HALS Recordation of the Monument Site: The SI shall use Historic American Building Survey/Historic American Landscape Survey (HABS/HALS) standards to photo document the Monument Site prior to construction of the NMAAHC. Photo documentation shall include, but not be limited to, at least 16 reciprocal views between the site and the affected historic properties and one 360 degree panoramic view from the center of the site. In addition, due to the impact of the new structure on the significant views from the Washington Monument towards the Federal Triangle, there will also be HABS recordation photographs taken from the base of the Washington Monument in a panoramic sweep along Constitution Avenue. The DC SHPO and the NPS shall participate in the selection of views and be afforded an opportunity to review and comment on the photo documentation and the SI shall revise or amend the photo documentation in accordance with DC SHPO and NPS comments. Once finalized and approved by the Signatories, the photo documentation shall be deposited in the HABS/HALS Collection, Prints and Photographs Division, of the Library of Congress for public use and shall also be made available at the Smithsonian Archives for public use, and a set will be provided to NPS. 10. Documentation of the Water Intake Tunnel: As far in advance as possible of excavation of the Monument Site, the SI shall notify the DC SHPO and the NPS of the approximate date it expects to unearth the abandoned subterranean Water Intake Tunnel that crosses the site and connects the Tidal Basin to Constitution Avenue. Once the Water Intake Tunnel is exposed, the SI shall invite the DC SHPO to inspect the tunnel and evaluate its historic significance and shall photograph and document the tunnel in accordance with DC SHPO recommendations prior to removing the tunnel from the site. If the DC SHPO is unable to inspect the tunnel in a timely manner, the SI may photograph and document the Water Intake Tunnel to a level that assumes the Water Tunnel is historically significant. This would include a narrative description of the tunnel, size dimensions of the tunnel, a map indicating the location on the site, and digital photographs of the tunnel as it is removed. 11. Exhibits Regarding the NMAAHC, the Section 106 Process and Related Information: As early as possible before construction is initiated, the SI shall prepare a temporary exhibit that will be displayed at the Monument Site to provide summary information about the NMAAHC, the design of the museum and related topics. By the opening date of the NMAAHC, the SI shall also prepare a more in-depth exhibit that will be displayed within the NMAAHC during the year of its opening for approximately one year. The more in-depth exhibit will address how the Section 106 process helped shape the design and placement of the building and minimize adverse effects on historic properties; include historical and interpretive information about the historic and archaeological properties that were affected by the Undertaking; incorporate a copy of the HABS/HALS photo documentation of the Monument Site that was taken prior to construction; highlight some or all of the measures that will be carried out to mitigate 8
the adverse effects of the Undertaking; and address other related topics. The SI shall notify the Signatories and Consulting Parties once this exhibit has been completed and installed. After the exhibit has been displayed at the NMAAHC, the SI shall notify other museums such as the National Building Museum and other African American History Museums of the exhibit and make the exhibit materials available for display at other locations. 12. National Register Nomination for the Greenough Statue of George Washington: Within two (2) years of the date of the last signature on this PA, the SI will complete a National Register Nomination for the statue of George Washington by Horatio Greenough that is a part of the collections of the Smithsonian American Art Museum, and currently housed in the National Museum of American History. The National Register Nomination shall utilize the existing National Register of Historic Places Multiple Property Documentation Form for Memorials in Washington, DC, and will specifically include scholarly research to investigate and summarize any connection that may exist between the statue and the original Robert Mills design for the Washington Monument which may have proposed a statue of George Washington. The National Register Nomination shall be completed by an individual or individuals who meet The Secretary of the Interior s Qualification Standards and shall be carried out in consultation with the DC SHPO. The SI shall submit final copies of the National Register Nomination to the DC SHPO so that the statue can be nominated to the National Register and to the DC Inventory of Historic Sites. Within three (3) years of the date of the last signature on this PA, the SI shall also document the sculpture using 3-D visual imagery, and produce an interpretive display and/or electronic brochure based upon the National Register Nomination. The interpretive display will be located adjacent to the statue. The SI shall notify the DC SHPO and the other Signatories and Consulting Parties when the display is completed and provide a copy of the electronic brochure. 13. Research regarding Monument Site-Related African American History and Related Topics: The SI shall continue to conduct research on the history of the Monument Site including as it pertains to the African American heritage of Washington, DC. The SI shall post a request on the NMAAHC website for relevant materials, both for tangible and intangible history of the Monument Site, to be submitted to the NMAAHC archives. The results of the on-going research and coordination with other African American sites in the area shall be posted for public information on the NMAAHC website on an annual basis and, if possible, shall be incorporated into the exhibit referenced in Stipulation 11 of this PA. The SI shall also interpret the information which results from its on-going research as a site on the existing African American Heritage Trail which was developed by Cultural Tourism DC with funding from the DC SHPO. Furthermore, the SI shall also develop a mobile application (App) that will permit users to locate a site of historical and cultural significance to African American History throughout the cities in the United States including Washington, DC. A user-generated content feature will be added whereby the general public may propose other sites, which will be verified by a historian, prior to being made available to the public. The App will be initiated prior to the NMAAHC s opening in 2015. 9
ON-GOING AND FUTURE CONSULTATION The following measures shall be implemented to avoid, minimize and/or mitigate any future adverse effects on historic properties that may result from on-going development of the Undertaking: 14. The site plans, elevations, and renderings included in Attachments 5 and 6 illustrate the siting and design of the NMAAHC that are current as of the date of the last signature on this PA. Since additional revisions to these designs are anticipated, the SI shall continue to consult with the Signatories and Consulting Parties and take their comments into account in accordance with this PA and 36 CFR Part 800 as follows: a. As early in the design development process as possible, the SI will consult with the Signatories regarding any proposed exterior change to the NMAAHC or its site and will incorporate any comments provided into the design to the extent feasible. The nature of consultation will depend upon the degree and nature of the change and may consist of an email exchange, conference call, meeting or site visit; b. As early as possible before a scheduled review by CFA or NCPC, SI will provide a copy of the information package submitted to CFA or NCPC to the other Signatories for review and comment. A copy of the information package will also be posted to the NMAAHC project web site for review and comment by the Consulting Parties. After the CFA or NCPC review, the SI will provide the other Signatories with a summary of any formal CFA and NCPC comments and post the summary on the NMAAHC project web site for the Consulting Parties; c. Topics that shall be addressed in on-going consultation include, but are not limited to, the design of the museum porch element, the design of the rain garden on the north end of the site, possible ways to further reduce the massing and footprint of the building, the effects of extending any element of the museum beyond the 445-foot setback line, the design of proposed skylights, the review of site furnishings associated with regularly programmed outdoor spaces, the selection of building and landscape materials, colors and textures, the installation of exterior artwork, sculpture or other landscape features, the design of the exterior guard booth and outdoor food service area, installation of exterior lighting and the overall effects of night lighting, construction and construction-related activities including signage, design revisions that may result from on-going review by DC SHPO, CFA, NCPC or any other organization, including the SI, and any other alterations that may have the potential to constitute a previously unidentified adverse effect or intensify a previously identified adverse effect. d. The overall effect of night lighting will be evaluated by the CFA, DC SHPO, NCPC and NPS through a site visit or visits that will be carried out upon completion of construction and SI will make modifications to light intensity in accordance with any CFA, DC SHPO, NCPC and NPS comments, if necessary. 10
e. Until such time that final plans are completed and approved and all mitigation measures are fulfilled, the SI shall convene meetings on at least an annual or biannual basis, as appropriate, to update the Signatories and Consulting Parties on the status of all aspects of the Undertaking and compliance with this PA. 15. If any Signatory to this PA determines that any proposed alteration to the plans included in Attachments 5 or 6 or any future modifications to the NMAAHC will constitute a previously unidentified adverse effect or intensify a previously identified adverse effect, that Signatory shall notify all other Signatories in writing and the SI shall consult with all Signatories to seek ways to avoid, minimize or mitigate the new or intensified adverse effect. The SI shall also notify the Consulting Parties of the adverse effect and take any comments provided by the Consulting Parties into account. If the new or intensified adverse effect cannot be avoided or minimized to the satisfaction of the Signatories, the SI shall comply with the Dispute Resolution, Amendments or Termination clause of this PA, as appropriate. ARCHAEOLOGY AND HUMAN REMAINS The following measures shall be implemented should there be any unanticipated archaeological discoveries: 16. In the event that a previously unidentified archaeological resource is discovered during ground disturbing activities, all construction work involving subsurface disturbance will be halted in the area of the resource and in the surrounding area where further subsurface remains can reasonably be expected to occur. SI will make an annual report to the Archaeologist in the DC SHPO regarding archaeological findings on site. 17. The DC SHPO will be notified in writing via email and by telephone immediately upon discovery of potentially significant archaeological remains. The DC SHPO or a representative will visit the site within 48 hours of such notification. The DC SHPO will inspect the work site and determine the area and the nature of the affected archaeological property. Construction may then continue in the project area outside the resource area after the boundaries of the site have been determined. 18. Within ten (10) working days of the original notification of discovery SI, in consultation with DC SHPO, will determine the National Register eligibility of the resource. 19. If the resource is determined to meet the National Register criteria (36 CFR 60.6), SI, in consultation with DC SHPO, will ensure compliance with 36 CFR 800.13. Work in the resource area shall not proceed until either: (a) the development and implementation of an appropriate recovery or other recommended mitigation procedures; or (b) the determination is made that the located remains are not eligible for inclusion on the National Register. 20. The SI shall ensure that all materials and records resulting from data recovery are curated in accordance with 36 CFR Part 79 by an institution or organization selected in consultation with the DC SHPO, and that reports are responsive to contemporary professional standards, according to the 11
Department of the Interior s Format Standards for Final Reports of Data Recovery Programs (42 FR 5377-79) and meet the standards as set out in Guidelines for Archaeological Investigations in the District of Columbia (1998, as amended). Note: The Guidelines for Archaeological Investigations in the District of Columbia (1998, as amended) are available on the DC HPO web site at: http://planning.dc.gov/dc/planning/historic+preservation/preservation+services/for+ancs++a nd+communities/archaeology The following measures shall be implemented regarding the treatment of human remains: 21. SI shall ensure that if human remains are discovered during construction that do not require an emergency response, that the DC SHPO is then immediately notified of the discovery and that all Ground-Disturbing Activities in the immediate area of the discovery cease immediately and remain halted until all of the following actions have been carried out: a. Within twenty-four (24) hours, SI shall implement measures to protect the human remains from inclement weather and vandalism, and notify the District of Columbia Office of the Chief Medical Examiner (OCME) of the discovery. Sufficient description of the discovery shall be provided to allow OCME to complete its obligations under Statute 5-1406 of the District of Columbia Code or other applicable law(s). b. If the OCME determines that the human remains are not subject to a criminal investigation by local or federal authorities, SI shall determine appropriate disposition in consultation with the DC SHPO. SI shall comply with all applicable federal and District of Columbia laws and regulations governing the discovery and disposition of human remains and consider ACHP s 2007 Policy Statement Regarding Treatment of Burial Sites, Human Remains, and Funerary Objects, available at: www.achp.gov/docs/hrpolicy0207.pdf. ADMINISTRATIVE CLAUSES 22. Anti-Deficiency Act: The obligations under this PA of the SI and the federal agencies are subject to the availability of appropriated funds, and the stipulations of this PA are subject to the provisions of the Anti-Deficiency Act. The SI and the federal agencies shall make reasonable and good faith efforts to secure the necessary funds to implement their obligations under this PA. If compliance with the Anti- Deficiency Act alters or impairs their ability to implement their obligations under this PA, they shall consult in accordance with Stipulation 28 (Amendments) of this PA and, if necessary, Stipulation 29 of this PA (Termination). 23 Dispute Resolution: Should any Signatory object to the SI in writing regarding an action carried out in accordance with this PA or lack of compliance with the terms of this PA, the Signatories will consult to resolve the objection. Should the Signatories be unable to resolve the disagreement, SI shall forward its background information on the dispute as well as its proposed resolution of the dispute to the ACHP. 12
Within 45 days after receipt of all pertinent documentation, ACHP will either provide the SI with written recommendations which the SI will take into account in reaching a final decision regarding the dispute, or notify SI that it will comment pursuant to 36 CFR 800.7(c), and proceed to comment. ACHP comments shall be taken in to account by the SI in accordance with 36 CFR 800.7(c)(4). Any ACHP recommendation or comment will be understood to pertain only to the subject matter of the dispute; SI s responsibility to carry out all actions under this PA that are not subjects of dispute will remain unchanged. 24. Reporting: The SI shall prepare an annual report that refers to the Mitigation Implementation Schedule included in Attachment 8, summarizes the efforts carried out during the prior year to implement the mitigation measures, consult on topics requiring on-going consultation, to identify and/or treat any archaeological resources associated with the Undertaking and all other pertinent topics. The annual report will also identify the steps that are planned to address the referenced topics during the coming year. The annual report will be distributed to the Signatories and posted on the NMAAHC website on the anniversary of the last signature on this PA. The SI shall organize a meeting to discuss the information contained in the annual report if so requested by any Signatory. 25. Duration: The PA shall be in effect for fifteen (15) years from the date of the last signature on this PA or until such earlier time that all Signatories agree in writing that all stipulations have been fulfilled. If necessary, the duration of this PA may be extended provided that all Signatories agree in writing to such an extension. 26. Amendments: This PA may be amended when agreed to in writing by all Signatories. The amendment shall be effective on the date that the amendment is executed by the ACHP, as the last Signatory. 27. Termination: If any Signatory to this PA determines that the terms of the PA cannot or are not being carried out, the objecting party shall so notify the other Signatories in writing and consult with them to seek amendment of the PA. If, within sixty (60) days, an amendment cannot be reached, any Signatory may terminate the PA upon written notice to the other Signatories. Termination of the PA will require the SI to either develop a new PA or comply with 36 CFR Part 800 for the unfulfilled requirements of this PA. Execution of this PA by the SI, DC SHPO, NCPC, NPS and ACHP and implementation of its terms evidence that the SI and the NCPC have taken into account the effects of this Undertaking on historic properties and afforded the ACHP a reasonable opportunity to comment with regard to the Undertaking. SIGNATURES AND ATTACHMENTS FOLLOW ON SEPARATE PAGES 13
SIGNATURE PAGE THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE PROGRAMMATIC AGREEMENT. H IJISTRICT OF COLUMBIA STATE HISTORIC PRESERVATION OFFICE Date: David IDll y, District f Columbia State Historic Preservation Officer 15
National Museum of African American History and Culture Programmatic Agreement Attachments 1-8 1
LIST OF NMAAHC PA ATTACHMENTS: 1. Public Notification Recipients 2. Area of Potential Effects 3. Design Principles 4. Effects Analysis Matrix 5. Computerized View Shed Analysis of Preferred Alternative 6. Updated NMAAHC Plans, Sections and Elevations as of September, 2011 7. Olin Design Landscape Plan for the Washington Monument Grounds 8. Mitigation Implementation Schedule 2
Attachment 1 Consulting Parties and Public Outreach Notification Recipients Consulting Parties for the Programmatic Agreement: Afro American Historical and Genealogical Society: Patsy Fletcher Committee of 100 on the Federal City: Donald A. Hawkins D.C. Preservation League: Rebecca Miller National Coalition to Save Our Mall: Judy Scott Feldman Association for the Study of African American Life and History: Dreck Wilson National Trust for Historic Preservation: Dreck Wilson Guild of Professional Tour Guides of Washington, D.C.: Tom Whitley U.S. Capitol Historical Society: Felicia Bell General Services Administration: Dawud Abdur-Rahman U.S. Commission of Fine Arts: Sarah Batcheler, Thomas Luebke Organizations contacted for comment on the effects to historic properties: Society of Architectural Historians Association of African American Museums Black Collective for D.C. History Afro-American Historical and Genealogical Society Preservation Alliance of Greater Philadelphia Organization of Black Designers The Root Black News Port of Harlem Black Contractors Facebook (Smithsonian Preservation) Preservation Action DC Preservation League Latrobe Chapter, SAH Association for the Study of African American Life and History School of Architecture, USC School of Architecture, UC Berkeley National Organization of Minorities Architects DC, Detroit, Illinois, Los Angeles, New York City Black Design News Network Howard University National Trust for Historic Preservation State Historic Preservation Officers Society of Black Architects National Society of Black Engineers Blacklines Magazine Directory of African American Architects Organization of American History National Council for the Preservation of History 3
Attachment 1 Consulting Parties and Public Outreach Notification Recipients State Historical Societies in the United States: Alabama Dept. of Archives & History Alaska Historical Society Arizona Historical Society Arkansas Historical Association California Historical Society Colorado Historical Society Connecticut Historical Society Historical Society of Delaware Florida Historical Society Georgia Historical Society Georgia Association of Historians Hawaiian Historical Society Idaho State Historical Society Illinois State Historical Society Indiana Historical Society State Historical Society of Iowa Kansas State Historical Society Kentucky Historical Society Louisiana Historical Society Maine Historical Society Maryland Historical Society Massachusetts Historical Society Historical Society of Michigan Minnesota Historical Society Mississippi Historical Society Missouri Historical Society Missouri State Historical Society Montana Historical Society Nebraska State Historical Society Nevada State Historic Preservation Office New Hampshire Historical Society New Jersey Historical Society Historical Society of New Mexico New York Historical Society North Carolina Office of Archives & History State Historical Society of North Dakota Ohio Historical Society Oklahoma Historical Society Oregon Historical Society Historical Society of Pennsylvania Rhode Island Historical Society South Carolina Historical Society South Dakota State Historical Society Tennessee Historical Society Texas State Historical Association Utah State Historical Society/ Division of State History Vermont Historical Society Virginia Historical Society Washington State Historical Society West Virginia Division of Culture and History Wisconsin Historical Society Wyoming State Historical Society 4
Attachment 2 Area of Potential Effects Individually Listed Historic Properties Source: Tier I Final EIS (Smithsonian Institution 2008a) Area of Potential Effect 5
Attachment 2 Area of Potential Effects Individually Listed Historic Properties [NHL] National Historic Landmark [NR] National Register of Historic Places [DC] District of Columbia Inventory of Historic Sites 1. American National Red Cross [NHL, NR, DC] 22. National Museum of Natural History [DC] 2. American Pharmaceutical Institute [NR, DC] 23. Old Post Office Building [NR, DC] 3. Arlington Memorial Bridge [NR, DC] 24. Pan American Union [NR, DC] 4. Arts and Industries Building [NHL, NR, DC] 25. Smithsonian Institution Building (Castle) [NHL, NR, DC] 5. Bartholdi Fountain [NR Exempt, DC] 26. U.S. Botanic Gardens [DC] 6. Bulfinch Gatehouse and Gateposts [NR, DC] 27. U.S. Bureau of Engraving and Printing [DC] 7. Constitution Hall (DAR) [NHL, NR, DC] 28. U.S. Capitol and Grounds [NHL, NR, DC] 8. Corcoran Gallery of Art [NHL, NR, DC] 29. U.S. Department of Agriculture (Admin Bldg) [NR, DC] 9. DAR Memorial Continental Hall [NHL, NR, DC] 30. U.S. Department of Agriculture South Building [NR Eligible] 10. District of Columbia District Building [NR, DC] 31. U.S. Department of the Interior (New Interior Bldg) [NR, DC] 11. The Ellipse (President s Park South) [NR] 32. U.S. Department of the Interior Offices [NR] 12. Jefferson Memorial Bridge [NR, DC] 33. U.S. Department of the Interior South Building [NR Eligible] 13. Federal Reserve Board Building [DC] 34. U.S. Department of the Treasury Building [NHL] 14. Franklin Delano Roosevelt Memorial [NR] 35. U.S. State, War, and Navy Building [NHL, NR, DC] 15. Freer Gallery of Art [NR, DC] 36. Van Ness House Stables [DC] 16. Korean War Veterans Memorial [NR] 37. Vietnam Veterans Memorial [NR] 17. Lincoln Memorial [NR, DC] 38. Washington Monument and Grounds [NR, DC] 18. Lock Keeper s House [NR, DC] 39. White House and Grounds [NHL, NR, DC] 19. National Academy of Science & Engineering [NR,DC] 40. WWII Memorial 20. National Archives [NR, DC] 41. The Mall [NR,DC] 6
Attachment 2 Area of Potential Effects Historic Districts and Contributing Properties Source: Tier I Final EIS (Smithsonian Institution 2008a) Area of Potential Effect National Mall Historic District Northwest Rectangle His. District Seventeenth Street Historic District Pennsylvania Ave. Nat. Historic Site Federal Triangle Historic District West Potomac Park Historic District East Potomac Park Historic District 7
Attachment 2 Area of Potential Effects Historic Districts and Contributing Properties Source: Tier I Final EIS (Smithsonian Institution 2008a) 8
Attachment 3 Design Principles Smithsonian Design Principles Prepared by the Consulting Parties to NMAAHC November 9, 2009* Preamble: This set of principles was developed specifically to guide the design process for the proposed museum. The Smithsonian has consulted with interested parties, including the National Capital Planning Commission, the U.S. Commission of Fine Arts, the District of Columbia Historic Preservation Office, and the Advisory Council on Historic Preservation to identify and analyze the character of cultural and historic properties on and near the museum site and the potential impacts to them, as required by the National Environmental Policy Act and the National Historic Preservation Act. These design principles summarize the analysis of the design character of the National Mall, the selected museum site, and the surrounding urban context, and articulate parameters for avoiding or minimizing the adverse effects of new construction. The principles shall be used in conjunction with the analysis of the design character and historic resources in the Tier I and Tier II Environmental Impact Statements, as well as the minutes of the consulting parties meetings, found at www.nmaahceis.com and the forthcoming National Park Service, Cultural Landscape Inventory, 2009, Washington Monument Grounds, Washington Monument. This is a report that is generated from an inventory database and should be available through the National Park Service www.nps.gov/nationalmallplan/history.html. * Document amended to add the current website name 8/17/2011 A. General Composition of the National Mall: The National Mall at the heart of Monumental Washington presents a unity of overall spatial design but is composed of distinct parts, including the historic Mall east of 14th Street, the Washington Monument Grounds, and West Potomac Park. Though administratively separate, the Ellipse, White House Grounds, and Capitol Grounds are also part of this extended landscape composition. The museum site occupies a highly prominent location at the juncture of the eastwest axis of the National Mall from the U.S. Capitol to the Lincoln Memorial and the north-south axis from the White House to the Jefferson Memorial. 1. The design of the museum must respect the character and the history of the monumental core as it has evolved through seminal plans, most notably the L Enfant Plan and the McMillan Plan, but also including the Victorian-era and mid-20 th -century plans. The addition of a large new structure in the midst of this historic environment must be accomplished in a way that is harmonious and respectful of existing hierarchies. 9
Attachment 3 Design Principles 2. The design must consider long views within the National Mall, as well as distant views from higher locations, such as Arlington Cemetery, the Old Post Office Pavilion, the Washington Monument itself, and from the air; it must not detract from panoramic views that open and widen on the approach to the Washington Monument Grounds from the National Mall or the Ellipse. 3. The spatial organization of the National Mall is cross-axial, marked by the Washington Monument at the crossing. The museum is situated at a hinge where the surrounding frame of buildings will reach its closest approach to the Monument. The museum should be a distinctive part of this frame, yet must recognize its role in the larger composition of the Mall, particularly in turning the long view between the crossaxes. B. Context of the Washington Monument Grounds: The site is located on the Washington Monument Grounds. The setting of the tallest and most prominent structure in the monumental core, this 72-acre reservation is characterized by Olmstedian design principles and informal, irregular, and asymmetrical effects. Notable elements include open lawns, intermittent groupings of trees, and curvilinear paths and roads that create a sequential experience of changing picturesque and panoramic views. 1. The design of the museum must be respectful of the Washington Monument and its scale and design character and must not detract from its preeminence; its proximity to the Monument requires that this physical relationship be carefully controlled in the design of the building, in terms of placement, size, shape, orientation, landscaping, and illumination. 2. The design of the museum and its site should be informed by the naturalistic topography of the Grounds and the distinct characteristics of this historic environment. The site is part of the foreground peripheral flats from which the land gradually rises to the central mound; built features include the Monument Lodge, the Bulfinch Gateposts, and the curvilinear pathways. 3. The design must address the museum s effects on the definition, character, and views of the Grounds as seen and experienced from within the reservation as a whole. The building will substantially alter the Grounds; the design of the site should be associated with the surrounding larger landscape rather than appearing as the insertion of an unrelated landscape. The design must maintain a fluidity of movement across the site by integrating new pathways to the existing landscape of the Grounds. 10
Attachment 3 Design Principles C. Relationship to Adjacent Architectural and Urban Context: The site is located at the convergence of three distinct contexts the historic Mall, the Washington Monument Grounds, and the urban grid of the adjacent city. To the east of the site is a series of museum structures with an established pattern of height, setbacks, and site coverage; these help define the formal landscape of the Mall with its expansive panels of lawn flanked by double allées of trees. To the south and west is the open park landscape that extends past the Washington Monument to the Potomac River. To the north, the monumental Federal Triangle creates a more solid urban street wall that frames the composition of the National Mall. The placement, shape, and orientation of the museum must address its relation to each of its adjacent contexts. The museum will be located at the western end of a sequence of museum buildings facing the Mall, and while its design should recognize this unique position, its massing must not exceed the prevailing height nor protrude beyond the prevailing setback of the primary building volumes (not terraces) of the museums along the Mall and Constitution Avenue. All sides of the building, including the roof, will be highly visible and should be treated as public facades. The appearance of service and support functions should be eliminated to the greatest extent possible by placing them below grade, and any requisite perimeter security should be designed and integrated into the facility from the earliest concept design to be compatible with the character of the building and site. The design of the museum and its site circulation should also recognize the important non-cardinal views and directions of approach to this site, in particular the corner street crossings, the historic Mall pathways, and the diagonal relationships with the Washington Monument, the Ellipse, and the Old Post Office tower. 11
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Attachment 6 View from Constitution Avenue 42
Attachment 6 Key Plan 43
Attachment 6 Area Location on the Mall & Arial Photograph 44
Attachment 6 Site Arial View 45
Attachment 6 Landscape Plan 46
Attachment 6 Extent of Ground Floor Glazing & 44 Porch (Current Design 216 Corona) 47
Attachment 6 Building Elev. Relationship to Commerce Bldg. and Building Elevation Relationship to NMAH and Comparison to Commerce Bldg. (Current Design 216 Corona) 48
Attachment 6 View from Washington Monument (216 Corona) 49
Attachment 6 North Entry (216 Corona) and South Entry and Porch (216 Corona) 50
Attachment 6 View from Promenade Entry and View from Bridge 51
Attachment 6 View From Path Intersection Towards Entry and View of Oculus Plaza looking North 52
Attachment 6 View from Northwest Reading Grove and View of Water Feature from South Entry 53
Attachment 7 Olin Design Landscape Plan for the Washington Monument Grounds Approved NCPC Concept Plan 54
Attachment 8 Mitigation Implementation Schedule 55