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Bureau of Mines - Draft Memorandum of Agreement Date: August 3, 2001
MEMORANDUM OF
AGREEMENT WHEREAS, The Department of the Interior and Related Agencies Appropriations Act, 1996, Public Law 104-134, April 26, 1996, and Section 123 of the Omnibus Consolidated Appropriations Act, Public Law 104-208, September 30, 1996; Section 140 of The Department of the Interior and Related Agencies Appropriations Act, 2000, Public Law 106-113, November 29, 1999; and Section 127 of The Department of the Interior and Related Agencies Appropriations Act, 2001, Public Law 106-292, October 11, 2000, vest authority in the Secretary of the Interior to convey property and facilities of the U.S. Bureau of Mines, and WHEREAS, the U.S. Bureau of Mines, acting through its Closure Team (hereafter, "Closure Team"), is the Federal agency for the purposes of this memorandum of agreement (MOA) and has determined that closure and disposition of the Bureau of Mines' Twin Cities Research Center (TCRC) Main Campus, in Hennepin County, Minnesota, will have an effect upon historic resources included in and eligible for inclusion to the National Register of Historic Places, and WHEREAS, the TCRC Main Campus, which includes the TCRC Main Campus Historic District, is considered eligible for listing in the National Register of Historic Places, and a portion of the TCRC Main Campus is within the National Register-listed Fort Snelling National Historic Landmark and within a portion of the Fort Snelling National Register of Historic Places District; WHEREAS, the Minnesota State Legislature enacted SF 2049, legislation which was signed by the Governor of Minnesota on May 15, 2001, which provides, at Section 1, that "[n]either the state, nor a unit of metropolitan government, nor a political subdivision of the state may take any action that may diminish the flow of water to or from Camp Coldwater Springs. All projects must be reviewed under the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act with regard to the flow of water to or from Camp Coldwater Springs." WHEREAS, the Minnesota Metropolitan Airports Commission (MAC) acknowledges that, for purposes of the provisions of SF 2049 and this MOA, it is "the state," a "unit of metropolitan government," or "a political subdivision of the state". WHEREAS, all parties to this MOA recognize the importance of carrying forward the mandate of the laws of the State of Minnesota as expressed in SF 2049 with respect to the future management of Camp Coldwater Springs; WHEREAS, the Bureau of Mines Closure Team has consulted with the Minnesota State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council) pursuant to the Council's regulations (36 CFR Part 800) implementing Sections 106 and 110 of the National Historic Preservation Act (16 U.S.C. Section 470f and 470h-2), to seek ways to mitigate the effects of the closure of the TCRC Main Campus, and WHEREAS, the Minnesota Metropolitan Airports Commission (MAC) is the proposed recipient of the TCRC Main Campus and has been invited to sign this (MOA) pursuant to the Council's regulations at 36 CFR Part 800.6(e)(1)(iv); WHEREAS, the TCRC Main Campus falls within the corridor of the Mississippi National River and Recreation Area, a part of the National Park Service (NPS)'s National Park System, and the NPS has expressed an interest in the preservation and protection of the historic sites on the TCRC Main Campus and has been invited to sign this MOA; WHEREAS, some of the identification and evaluation of historic properties is being deferred until after the land transfer pursuant to 36 CFR 800.4(b)(2), this MOA provides for the protection and preservation of any properties found eligible for National Register or National Historic Landmark status following the transfer; WHEREAS, the Bureau of Mines Closure Team has consulted with the Upper Sioux Community, Lower Sioux Indian Community, Prairie Island Indian Community, Shakopee Mdewakanton Sioux Community, and the Iowa Tribe of Oklahoma which may hereafter be referred to in this MOA as "concurring federally recognized tribes," and they have declared the area around the Mississippi and Minnesota River confluence, specifically including Camp Coldwater Spring, culturally and historically important and have been invited to concur in this MOA; WHEREAS, the Mendota Mdewakanton, the Camp Coldwater Coalition, the Minnesota Indian Affairs Council, and the Minnehaha Creek Watershed District have been invited to participate and provide comments with respect to the development of this MOA; and WHEREAS, the public has been offered an opportunity to comment regarding the development of this MOA; NOW, THEREFORE, the Bureau of Mines Closure Team, the SHPO, the NPS, MAC, and the Council agree that the closure of the Bureau of Mines' Twin Cities Research Center shall be undertaken in the following manner to satisfy the Closure Team's responsibilities for compliance with Sections 106 and 110 of the National Historic Preservation Act. STIPULATIONS The Closure Team shall incorporate the following provisions into the transfer documents for these properties when transferring title to the recipient(s) of the TCRC Main Campus property (hereafter such recipients will be referred to as "New Owners" or "MAC") who shall then be responsible for implementing those provisions: Consulting Parties and Signatory Parties. a. For purposes of this MOA, a "Consulting Party" is a Party to be identified at the beginning of the development of the Cultural Resources Management Plan, described in II. B of this MOA, and which is authorized to provide comments in accordance with the provisions of this MOA. b. The Signatory Parties to this MOA are the Closure Team, the Minnesota State Historic Preservation Officer, the Advisory Council on Historic Preservation, the National Park Service, and MAC. Although the Closure Team is a Signatory Party for purposes of signing this MOA, the U.S. Bureau of Mines is closed. The Closure Team exists solely to close and transfer former Bureau of Mines properties. Once that mission is completed, the Closure Team will cease to exist.
I. Evaluation of the TCRC Main Campus, National Register Historic District and National Historic Landmark. (1) A. National Register Evaluation. Because the TCRC Main Campus, including the Camp Coldwater Spring and Reservoir (which may be referred to in this MOA alternatively as "the Spring" or "Camp Coldwater Spring" or "Spring and Reservoir" or "Camp Coldwater Springs") area, is currently partially within and partially outside the boundaries of the Fort Snelling National Historic Landmark (NHL)/National Register of Historic Places District and those portions outside these boundaries have not been evaluated for inclusion with NHL or National Register District, the TCRC Main Campus shall be evaluated as follows:: 1.) Cultural Resources Studies. a) In cooperation with MAC and the Consulting Parties, the NPS shall conduct studies to: 1) evaluate the land of the TCRC Main Campus to determine whether the boundaries of the NHL or National Register District should be amended to more appropriately reflect the elements that contribute to the significance of the NHL or National Register District; 2) evaluate the land of the TCRC Main Campus to determine whether sites exist that meet the criteria of the National Register as individually significant historic properties. b) The above evaluations shall be based upon:
(Empty Reference!)footnote 1(1) Section 800.10(a) of 36 CFR Part 800 states: "Statutory Requirement. Section 110(f) of the Act requires that the Agency Official, to maximum extent possible undertake such planning and actions as may be necessary to minimize harm to any National Historic Landmark that may be directly and adversely affected by an undertaking."
1) an archaeological study of the TCRC Main Campus that assesses the presence and, if present, the significance of: a) pre-contact and post-contact Native American sites, and b) sites associated with the history of Fort Snelling; 2) a historical study of the TCRC Main Campus land for its association with Fort Snelling between the years 1879 and 1946, and 3) an ethnographic study and Traditional Cultural Property study. 2.) MAC shall meet with NPS at least quarterly to evaluate and discuss progress of the Cultural Resource Studies and review a draft copy of all Cultural Resources Study reports and provide written comments on each to the NPS within 60 days. B. Registration. If the above studies demonstrate that the boundaries of the Fort Snelling NHL and/or National Register District boundaries within the TCRC Main Campus should be amended, the NPS, in cooperation with MAC, shall prepare and submit the appropriate documentation in accordance with 36 CFR Part 60, the applicable National Register Bulletins, (2) and the SHPO Supplemental Instructions. (3) Also, if it is determined that a site meets National Register criteria as an individual historic property, the NPS, in cooperation with MAC, shall prepare and submit the appropriate National Register of Historic Places registration documentation in accordance with 36 CFR Part 60, the applicable National Register Bulletins, and the SHPO Supplemental Instructions. The Minnesota SHPO shall then follow the procedures set forth at 36 CFR Part 60 in submitting this documentation to the Keeper of the National Register. MAC shall adhere to any boundary changes accepted by the Keeper of the National Register in carrying out the requirements of this MOA pertaining to NHL and National Register sites and shall adhere to any boundary changes as required by Sec.2 of SF 2049.
(2) The National Register Bulletins are those written bulletins issued by the National Register of Historic Places to aid in the implementation of the federal historic preservation process. These bulletins include but are not limited to: How to Apply the National Register Criteria for Evaluation (315); How to Complete the National Register Registration form (#16A); How to Complete the National Register Multiple Property Documentation Form (#16B); How to Prepare National Historic Landmark Nominations, and Researching a Historic Property (#39). The NPS shall provide copies of these bulletins upon request or they can be acquired from the National Register at http://www.cr.nps.gov/nr/publications/bulletins.htm. (3) "SHPO Supplemental Instructions" means the "Supplemental Instruction for the Completion of a National Register Registration Form" published by the Minnesota State Historic Preservation Office. The SHPO supplemental Instructions provide guidance on how to complete the National Register documentation in accordance with the requirements of the Minnesota State Historic Preservation Office. The current version of the SHPO supplemental Instructions addresses issues of style and format, rather than substantive content, for the preparation and submission of such documentation. For example, the SHPO supplemental Instructions provide details with respect to the types and formats of any photographs, slides, or maps to be submitted.
II. Future Management of the TCRC Main Campus. A. MAC agrees that the following legislation is fully applicable to MAC’s activities at the TCRC Main Campus and that MAC shall fully comply with the provisions of such legislation with respect to the future management of the TCRC Main Campus: the Minnesota Historic Sites Act as codified at sections 138.661 to 138.669 of Minnesota Statutes 2000; the Minnesota Field Archaeology Act of 1963 as codified at sections 138.31 to 138.42 of Minnesota Statutes 2000; and SF 2049, legislation enacted by the State Legislature and signed by the Governor of Minnesota on May 15, 2001, which provides, at Section 1, that "[n]either the state, nor a unit of metropolitan government, nor a political subdivision of the state may take any action that may diminish the flow of water to or from Camp Coldwater Springs. All projects must be reviewed under the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act with regard to the flow of water to or from Camp Coldwater Springs." For purposes of SF 2049, MAC specifically agrees that it is "the state," "a unit of metropolitan government," or "a political subdivision of the state." Prior to undertaking any action that could disturb any aspect of the historic character of the of the TCRC Main Campus, MAC shall notify the State Archaeologist, the SHPO, and the Consulting Parties for their review and comment. MAC shall otherwise only proceed in accordance with the provisions of the aforementioned laws. Before taking any action that may adversely affect the Fort Snelling National Historic Landmark (NHL), any portion of the TCRC Main Campus within the National Register of Historic Places, or the historic character of the TCRC Main Campus, MAC shall comply with the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (hereafter referred to as the "Secretary of the Interior’s Standards and Guidelines") and with the provisions of the Minnesota Historic Sites Act, including but not limited to, section 138.665, Subdivision 2, of Minnesota Statutes 2000. MAC shall provide notice of its proposed action to the SHPO (also referred to as the "Minnesota historical society" under section 138.665, Subdivision 2, of Minnesota Statutes 2000) and the Consulting Parties with respect to the proposed action. The Consulting Parties shall then provide comments to the SHPO. MAC shall then make a good faith effort to reach a consensus with the SHPO with respect to the proposed action in light of such comments. If no consensus can be reached, the matter shall be resolved in accordance with the provisions of section 138.665, Subdivision 2, of Minnesota Statutes 2000.
See "Supplemental Instruction for the Completion of a National Register Registration Form," September 20, 2000.
B. Cultural Resources Management Plan. In cooperation with MAC and the SHPO, NPS shall identify and invite Consulting Parties and work with them to develop a Cultural Resource Management Plan (CRMP) for the TCRC Main Campus within 20 months from the signing of this MOA. The CRMP shall address all historically and culturally significant aspects of the property as provided for in this MOA. The CRMP shall address access to the property, including but not limited to Camp Coldwater Spring, interpretation of the property’s history, and protection of the property’s National Register and NHL resources. From the date of transfer of the TCRC Main Campus until the CRMP is completed, MAC shall use reasonable efforts to provide public access to the TCRC Main Campus, including the Camp Coldwater Spring, for the same hours as the Fort Snelling Park is open; provided, however, that MAC shall have the right from time to time to close or limit the nature, scope or time of public access to the TCRC Main Campus, including the Camp Coldwater Spring, as MAC deems reasonably necessary, for the protection of public health, safety, and welfare. MAC and the NPS shall consider the TCRC Main Campus’ natural resources in developing the CRMP. MAC shall implement the CRMP once MAC, the SHPO, NPS and concurring federally recognized tribes have accepted it. C. Applicable laws and regulations of federal, state and local governments. With respect to all new construction, demolition, rehabilitation, and ground disturbing activities, MAC shall conform to all applicable laws and regulations of federal, state, and local governments. III. U.S. Bureau of Mines Main Campus National Register Historic District Documentation Prior to any further alteration, demolition, or abandonment of structures contributing to the National Register-eligible TCRC Main Campus Historic District (as defined in the Cultural Resources Management Investigation final report prepared for the U.S. Bureau of Mines by Braun Intertec Inc., and dated November and December 1996), MAC shall record the contributing properties so that there is a permanent record of their existence. The NPS shall provide MAC with technical assistance to define the extent and quality of photographic and written documentation required to adequately document the TCRC Main Campus Historic District. A. Assisted by the NPS, MAC shall document the TCRC National Register buildings to meet the Level II requirements of the Historic American Building Survey (HABS) and Historic American Engineering Record (HAER). Such documentation shall include photographs of the interiors and exteriors of all the National Register buildings; photographs of all equipment that contributes to the historic significance of the Historic District; a history of the Historic District; and, if available, existing construction blueprints and other construction and operation documentation, and other extant information as determined relevant by the NPS. If creating the permanent record requires work beyond the 1996 Braun Intertec, Inc., report entitled Cultural Resources Management and Investigation, MAC shall contract for and fund the necessary work. B. If necessary, MAC shall make revisions or submit additional information for the HABS/HAER documentation requested by the NPS or SHPO. MAC shall then submit two final copies of all HABS/HAER documentation to the NPS and one copy to the SHPO. C. MAC may remove those buildings, structures, and facilities constructed by the Bureau of Mines within the National Register-eligible Main Campus Historic District after the HABS/HAER Level II documentation has been approved by the NPS and SHPO, provided MAC has complied with the requirements of Stipulation IV, "Building Reuse and Removal." IV. Building Reuse and Removal. A. Building Reuse. 1. Subject to the terms of that certain Contract Pertaining to Limits on Construction of a Third Parallel Runway entered into between MAC and the City of Minneapolis on November 16, 1998 (hereafter referred to as the "Third Parallel Runway Contract"), MAC shall consider a third party’s request to use one of the existing buildings if the third party submits a proposal to MAC within two years after the date that MAC acquires ownership of the TCRC Main Campus; provided, however, that nothing in this stipulation shall limit MAC’s authority to remove any building on the TCRC Main Campus in accordance with the provisions of Stipulation IV. B. "Building Removal," below. MAC shall have the right to reject any submitted proposal in its sole discretion; provided, however, nothing herein shall limit MAC’s obligations under the Third Parallel Runway Contract. b) Prior to undertaking any rehabilitation or allowing anyone else to undertake rehabilitation of a National Register building at the TCRC Main Campus, MAC shall forward information on the proposed work (including work write-ups and photographs, as necessary) to the SHPO for review and concurrence to ensure that the Secretary of the Interior’s Standards and Guidelines are being met and to assure compliance with the provisions of the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act of 1963. c) If the SHPO determines that the Secretary of the Interior’s Standards and Guidelines will not be met, the SHPO shall provide comments to MAC and work with MAC to resolve the disagreement. Where MAC and the SHPO cannot agree, MAC shall seek the comments of the Council. If the disagreement continues after MAC and the SHPO receive the Council’s comments, MAC shall consult with the SHPO and initiate the procedures set forth in section 138.665, Subdivision 2, of Minnesota Statutes 2000. B. Building Removal. 1. Prior to commencing the removal of any building at the TCRC Main Campus, MAC shall submit a copy of the plans for such work to the SHPO and Consulting Parties for their review and comment. The Consulting Parties shall provide comments to the SHPO and MAC. MAC shall then make a good faith effort to reach a consensus with the SHPO with respect to the proposed work in light of such comments. If MAC and the SHPO cannot agree, MAC shall seek the comments of the Council. If the disagreement continues after MAC and the SHPO receive the Council’s comments, MAC shall consult with the SHPO and initiate the procedures set forth in section 138.665, Subdivision 2, of Minnesota Statutes 2000. 2. Where ground-disturbing activities outside the building foundation to be removed may disturb known archeological sites, MAC shall take measures to protect the site or develop appropriate mitigation measures in accordance with the Secretary of the Interior’s Standards and Guidelines and in consultation with the SHPO, the State Archaeologist, and the Consulting Parties. MAC shall then make a good faith effort to reach a consensus with the SHPO with respect to the proposed activities and measures in light of such comments. If MAC and the SHPO cannot agree, MAC shall seek the comments of the Council. If the disagreement continues after MAC and the SHPO receive the Council’s comments, MAC shall consult with the SHPO and initiate the procedures set forth in section 138.665, Subdivision 2, of Minnesota Statutes 2000. 3. When the SHPO or State Archaeologist present information to MAC indicating that ground-disturbing activities outside the building foundation to be removed may disturb unknown archeological sites, MAC shall hire an archaeologist to monitor such activity. If an archeological site is discovered during such monitoring, MAC shall cease the activity in the area of the site and conduct the archeological work needed to evaluate the site’s eligibility for inclusion within the Fort Snelling National Register Historic District, the Fort Snelling NHL or as a site individually eligible for the National Register. If the SHPO determines the site is National Register-eligible or contributes to the existing National Register District or NHL, MAC shall take measures to protect the site or develop appropriate mitigation measures in accordance with the Secretary of the Interior’s Standards and Guidelines, and in consultation with the SHPO. MAC shall make a good faith effort to reach a consensus with the SHPO with respect to the proposed activities and measures in light of such comments. If MAC and the SHPO cannot agree, MAC shall seek the comments of the Council. If the disagreement continues after MAC and the SHPO receive the Council’s comments, MAC shall consult with the SHPO and initiate the procedures set forth in section 138.665, Subdivision 2, of Minnesota Statutes 2000. 4. In any building removal plan submitted to the SHPO, the Consulting Parties, and the State Archeologist, MAC shall provide technically sufficient engineering and hydrologic analysis of the potential for the removal to affect the flow of water to or from Camp Coldwater Spring to enable sufficient review of such plan in accordance with the provisions of SF 2049; the Minnesota Historic Sites Act as codified at sections 138.661 to 138.669 of Minnesota Statutes 2000; and the Minnesota Field Archaeology Act of 1963 as codified at sections 138.31 to 138.42 of Minnesota Statutes 2000. If there is any potential for the building removal to adversely affect the flow to or from the spring, MAC shall develop a plan to minimize the impact and shall provide monitoring of the flow and water quality during the course of any removal activities. Should the monitoring reveal that the removal is adversely affecting the flow to or from the Spring MAC shall discontinue the removal and conform to the provisions of Stipulation VID. V. New Construction. A. Parking Lot. Any parking lot or parking facility on the TCRC Main Campus shall only be built if such lot or facility is constructed in a manner consistent with the Secretary of the Interior’s Standards and Guidelines, and with the provisions of SF 2049; the Minnesota Historic Sites Act as codified at sections 138.661 to 138.669 of Minnesota Statutes 2000; and the Minnesota Field Archaeology Act of 1963 as codified at sections 138.31 to 138.42 of Minnesota Statutes 2000; and consistent with the CRMP developed under Stipulation IIB of this MOA. B. Any new structure(s) on the TCRC Main Campus shall only be built if such structure(s) are constructed in a manner consistent with: the Secretary of the Interior’s Standards and Guidelines; the provisions contained in Section III, 9. (B-D) and Section III, 9.J. of that certain agreement entitled the "Contract Pertaining to Limits on Construction of a Third Parallel Runway," entered into by MAC and the City of Minneapolis on November 16, 1998 (Appendix B); the provisions of SF 2049; the provisions of Minnesota Historic Sites Act as codified at sections 138.661 to 138.669 of Minnesota Statutes 2000; the provisions of the Minnesota Field Archaeology Act of 1963 as codified at sections 138.31 to 138.42 of Minnesota Statutes 2000; and consistent with the CRMP developed under Stipulation IIB of this MOA. C. Prior to undertaking any new construction or allowing another entity to undertake any new construction on the TCRC Main Campus property, MAC shall forward information on the proposed work, including work write-ups and photographs, to the State Archaeologist and to the SHPO for review in accordance with the Minnesota Historic Sites Act as codified at sections 138.661 to 138.669 of Minnesota Statutes 2000; the Minnesota Field Archaeology Act of 1963 as codified at sections 138.31 to 138.42 of Minnesota Statutes 2000; and the Secretary of the Interior’s Standards and Guidelines . MAC shall also forward information on the proposed work, including write-ups and photographs, to the Consulting Parties, who shall send their comments to the SHPO and MAC. MAC shall then make a good faith effort to reach a consensus with the SHPO with respect to the proposed construction. If no consensus can be reached, the matter shall be resolved in accordance with the provisions of section 138.665, Subdivision 2, of Minnesota Statutes 2000. D. MAC shall comply with the provisions of section D of Stipulation VI. Camp Coldwater Spring for all new construction. VI. Camp Coldwater Spring and Reservoir A. Access. Until the CRMP is completed, MAC shall use reasonable efforts to provide public access to the Camp Coldwater Spring and Reservoir area for the same hours that the Fort Snelling Park is open; provided however, that MAC shall have the right from time to time to close or limit the nature, scope or time of public access for the protection of public health, safety, and welfare. When the CRMP is completed, MAC shall provide access as called for in the CRMP. B. Protection of the Water Flow on the TCRC Main Campus. Consistent with the provisions of SF 2049; the Minnesota Historic Sites Act as codified at sections 138.661 to 138.669 of Minnesota Statutes 2000; the Minnesota Field Archaeology Act of 1963 as codified at sections 138.31 to 138.42 of Minnesota Statutes 2000; and section 116D.04 of Minnesota Statutes 2000, MAC shall notify the SHPO, the State Archaeologist, and the Consulting Parties of any action(s) on the TCRC Main Campus that might affect the flow of water to or from Camp Coldwater Springs. MAC shall avoid actions on the TCRC Main Campus that could diminish the flow of water to or from Camp Coldwater Springs. Where any study provides data that any activity MAC undertakes or intends to undertake on the TCRC Main Campus will diminish the flow to or from the Springs, MAC shall consider alternatives to the activity in consultation with the SHPO and the Consulting Parties. Where the SHPO objects to the proposed action asserting that the flow of water to or from the Spring will be diminished and MAC and the SHPO cannot agree, MAC shall seek the comments of the Council. If the disagreement continues after MAC and the SHPO receive the Council’s comments, MAC shall consult with the SHPO and initiate the procedures set forth in section 138.665, Subdivision 2, of Minnesota Statutes 2000. C. Ground Water Disturbing Activities Outside of the TCRC Main Campus. Consistent with the provisions of SF 2049; the Minnesota Historic Sites Act as codified at sections 138.661 to 138.669 of Minnesota Statutes 2000; the Minnesota Field Archaeology Act of 1963 as codified at sections 138.31 to 138.42 of Minnesota Statutes 2000; and section 116D.04 of Minnesota Statutes 2000, MAC shall notify the SHPO, the State Archaeologist, and the Consulting Parties of any activities it is undertaking or intends to undertake outside the TCRC Main Campus that could diminish the flow of water to or from the Camp Coldwater Spring. Where any study provides data that any activity MAC undertakes or intends to undertake outside of the TCRC Main Campus will diminish the flow to or from the Springs, MAC shall consider alternatives to the activity in consultation with the SHPO and the Consulting Parties. Where the SHPO objects to the proposed action asserting that the flow of water to or from the Spring will be diminished and MAC and the SHPO cannot agree, MAC shall seek the comments of the Council. If the disagreement continues after MAC and the SHPO receive the Council’s comments, MAC shall consult with the SHPO and initiate the procedures set forth in, section 138.665, Subdivision 2, of Minnesota Statutes 2000. D. Studies and Monitoring. 1. MAC shall conduct studies of a type required of a "governmental unit" by section 116D.04, Subdivision 2a, of Minnesota Statutes 2000 to determine the possible environmental impacts of any proposed action that could adversely affect Camp Coldwater Spring and Reservoir including but not limited to the Spring and Reservoir’s physical character, water quality and flow. Such studies shall address monitoring of water flow and quality. MAC shall monitor the flow and water quality of the Spring and Reservoir for all projects it undertakes on the TCRC Main Campus as well as those projects it undertakes outside of the TCRC Main Campus that could potentially affect the flow of water and water quality of the Spring and Reservoir. 2. Where a study undertaken pursuant to this stipulation shows that the proposed action studied would cause impairment or destruction of the Spring and Reservoir, MAC shall consider alternative actions. If there is no feasible or prudent alternative consistent with the reasonable requirements of public health, safety, and welfare and the state’s paramount concern for the protection of its air, water, land and other natural resources from pollution, impairment, or destruction, MAC shall not go forward with the proposed action. To determine the effect of a proposed action on the Spring and Reservoir, MAC shall monitor the Spring and Reservoir’s flow and water quality as follows: (a) for a reasonable period before initiating the project, (b) during the project work, and (c) for a reasonable period after the work. MAC shall promptly make the results of such monitoring available to the SHPO and the Consulting Parties. Whenever such monitoring indicates that MAC is adversely affecting or has adversely affected the physical character, water quality, or flow of water to or from Camp Coldwater Spring and Reservoir, MAC shall promptly notify the SHPO and work with the SHPO to reach a consensus as to the measures needed to restore the Spring and Reservoir’s physical character, water quality and the flow of water to or from the Spring and Reservoir. When a consensus cannot be reached, MAC shall seek the comments of the Council. If the disagreement continues after MAC and the SHPO receive the Council’s comments, MAC shall consult with the SHPO and initiate the procedures set forth in the provisions of section 138.665, Subdivision 2, of Minnesota Statutes 2000. 3. Where the monitoring of a project thought not to have an adverse affect on the Spring and Reservoir shows that the project is adversely affecting the flow of water to or from the Spring and Reservoir or water quality, MAC shall stop the action immediately and not resume again until it develops a plan that shall not have that adverse affect or is a feasible or prudent alternative, consistent with the provisions of Stipulation VI D(2) above. VII. Interpretation A. In accordance with the provisions of the Minnesota Historic Sites Act and the Minnesota Field Archeology Act of 1963, MAC shall consult with the SHPO for the interpretation of the history of the TCRC Main Campus. The SHPO shall provide any proposals for interpretation to the Consulting Parties for their review and comment and to MAC. "Interpretation" means the presentation of the history of the TCRC Main Campus to the public for educational purposes and includes the development and placement of signs, markers, plaques, kiosks, and/or displays that tell the story of all or part of the TCRC Main Campus history. Such presentation shall cover the property’s Native American history through the Bureau of Mines history, either in one of the buildings that remains and/or through outdoor exhibits. B. Based upon consultations with the SHPO, MAC shall allow the placement of interpretive signs, markers, plaques, kiosks, and/or displays on the property. Where the content deals with Native American history, the exhibit proponent shall seek and take into account the comments of the concurring federally recognized tribes. C. The NPS shall provide technical assistance to MAC to identify funding sources for the development and construction of interpretive exhibits. The NPS shall also provide technical assistance in the design, composition, placement and construction of interpretive exhibits. D. All exhibits shall be developed and placed in conformity with the CRMP, which shall dictate the permanent placement of any exhibits, once it is complete. VIII. Preservation Standards A. MAC and the NPS shall carry out all historic preservation activities pursuant to this MOA in a manner consistent with the recommended approaches in the Secretary of the Interior's Standards and Guidelines; the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act of 1963; and as consistent with the CRMP. B. MAC and the NPS shall ensure that all historic preservation work conducted pursuant to this MOA shall be carried out by or under the direct supervision of a qualified individual who meets, at minimum, the "Professional Qualifications Standards" in the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738-9). IX. Monitoring of the terms of this MOA. Beginning with the first full calendar year following the execution of this MOA, MAC shall, on November 1st of every year, report annually to the State Archaeologist, the SHPO and the Consulting Parties on how it has carried out its obligations pursuant to this MOA. The report shall be available to the public upon request. X. Dispute Resolution In the event that a dispute arises with respect to the implementation or interpretation of this MOA and the matter cannot be resolved between MAC and the SHPO, MAC shall seek the comments of the Council. If the dispute continues after the Council has provided its comments, MAC shall consult with the SHPO and initiate the procedures set forth in the provisions of section 138.665, Subdivision 2, of Minnesota Statutes 2000 to resolve such dispute. XI. Covenant. The U.S. Bureau of Mines Closure Team shall incorporate the provisions of this MOA as a covenant running with the land into transfer documents (the Deed) that conveys title to the lands of the TCRC Main Campus to MAC. MAC shall covenant on behalf of itself, its heirs, successors, and assigns at all times to the Minnesota State Historic Preservation Officer, hereafter referred to as "SHPO," "Minnesota SHPO," or "Covenantee," that it shall administer the Bureau of Mines, Twin Cities Research Main Campus property in accordance with provisions of this MOA. MAC shall record the Deed together with the covenant in the appropriate local and/or state real estate records office. XII. Anti-Deficiency Act. No provision of this Memorandum of Agreement shall be interpreted or construed as a commitment or requirement that the Bureau of Mines Closure Team, the NPS, or any other Bureaus or affiliates of the Department of the Interior, obligate or pay any funds in contravention of the Anti-Deficiency Act, 31 U.S.C. 1341, or any other applicable provision of law, in any fiscal year for actions subject to this agreement. Execution and implementation of this Agreement evidences that the U.S. Bureau of Mines, acting through its Closure Team, has satisfied its Section 106 and 110 responsibilities for all aspects of the closure and conveyance of the Bureau of Mines' Twin Cities Research Center Main Campus. Signatory Parties: U.S. Bureau of Mines Closure Team Concurrences: Concurring Federally Recognized Tribes Iowa Tribe of Oklahoma Others Mendota Mdewakanton |