Appendix C_Memorandum of Agreement_0001.docx

Appendix C

MEMORANDUM OF AGREEMENT

BETWEEN

THE BUREAU OF LAND MANAGEMENT NORTHEASTERN STATES DISTRICT and

THE MICHIGAN STATE HISTORIC PRESERVATION OFFICER,

FOR THE

DEMOLITION OF THE THUNDER BAY ISLAND COAST GUARD BOATHOUSE,

THUNDER BAY ISLAND, MICHIGAN

WHEREAS, the U.S. Department of Interior, Bureau of Land Management Northeastern States District (the “BLM”) plans to carry out the demolition and removal of the former Coast Guard Boathouse (the “Boathouse”) located on Thunder Bay Island, Alpena Township, Michigan (the “Township”), henceforth referred to as the “Undertaking” pursuant to 43 USC § 1712 of the Federal Land Policy and Management Act (FLPMA); and

WHEREAS, (1) the Boathouse is currently in a deteriorated condition and is on property currently administered by the BLM and is a potential safety hazard to the public; (2) FLPMA directs the BLM to administer lands under its jurisdiction in accordance with the applicable statewide Resource Management Plan (RMP); the RMP for the State of Michigan directs BLM to convey all lands that come under its administration to other entities for long-term, sustainable management and to perform custodial management while lands are under its administration; (3) the BLM is limited in its ability to convey lands with a potential public safety hazard such as this; (4) the BLM has determined that structural rehabilitation is no longer practicable or cost effective; (5) given potential health and safety hazards associated with the Boathouse’s deteriorated condition, the BLM has resolved to carry out the Undertaking in order to facilitate a future land conveyance in accordance with the FLPMA and the MI Statewide RMP; and

WHEREAS, the State Historic Preservation Office (the “SHPO”) was transferred to the Michigan Strategic Fund (the “MSF”) pursuant to Executive Order 2019-13; and

WHEREAS, the State Historic Preservation Officer (the “Michigan SHPO”) is part of the SHPO; and

WHEREAS, the BLM and the Michigan Historic Preservation Officer (the “MI SHPO”) have agreed that the Undertaking’s area of potential effects shall include the geographic area or areas within which the Undertaking may directly, or indirectly, cause changes in the character or use of historic properties. This includes all remaining extant structural elements associated with the Thunder Bay Island Light Station Complex, as documented in the Historic Structure Report[footnoteRef:2]; and [2: OX Studio and Smay Trombley Architecture, Thunder Bay Island Light Station Historic Structure Report (2018) on file at Michigan State Historic Preservation Office, MI State Housing Development Authority, Lansing.]

WHEREAS, the Boathouse has been previously identified as a contributing resource to the Historic Thunder Bay Island Light Station complex (the “Complex”), which is listed on the National Register of Historic Places, the BLM has determined that the Undertaking constitutes an adverse effect on the Complex and has consulted with the MI SHPO pursuant to 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108); and

WHEREAS, the BLM has consulted with the Charter Township of Alpena (the “Township”) and the Thunder Bay Island Lighthouse Preservation Society (the “TBILPS”) regarding the effects of the Undertaking on the Complex and has invited them to sign this Agreement as invited signatories; and

WHEREAS, the Boathouse is located in waters of the Thunder Bay National Marine Sanctuary (the “TBNMS”), which is administered jointly by the National Oceanic & Atmospheric Administration (the “NOAA”), the Great Lakes Maritime Heritage Center (the “GLMHC”), and the MI SHPO. The BLM has consulted with the TBNMS regarding the effects of the Undertaking on the Complex.

WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the BLM has notified the Advisory Council on Historic Preservation (the “ACHP”) of its adverse effect determination and the ACHP has declined to participate further in the consultation process pursuant to 36 CFR § 800.6(a)(1)(iii); and

NOW, THEREFORE, the BLM and the MI SHPO agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the Undertaking on the Complex.

STIPULATIONS

The BLM represents and warrants that the following activities will be carried out:

1. ADDITIONAL SITE RECORDING AND DOCUMENTATION: Prior to removal of the Boathouse superstructure, the BLM will coordinate with the TBNMS at least 45 days prior to the demolition in order to allow sufficient time for NOAA underwater archaeologists to coordinate and conduct additional archaeological mapping and site recordation of the Boathouse superstructure and underwater architectural elements, which includes the (base) and footings the superstructure is built upon that will stay in place as bottomland archaeological remains. Copies of any documentation produced as a result will be provided to and kept on file at the BLM Northeastern States District Office and MI SHPO. BLM’s archaeologist will also document the bottomland archaeological remains resulting from the project by completing SHPO’s archaeological site form and a memo that includes the site number, a project summary, a reference to the site history and documentation contained in the Historic Structure Report, and photos and a description of the bottomland remains. This documentation can be prepared from existing materials and should not necessitate an additional site visit. The site form and memo will be submitted to the MI SHPO for inclusion in the State Archaeological Site File.

1. IN PLACE PRESERVATION: The BLM shall ensure that the existing wood and stone cribbing of the Boathouse is left in place to the extent feasible in order to preserve remnants so that they may be incorporated into the list of inventoried archaeological sites within the existing marine sanctuary in a manner that will not impede historic preservation activities carried out on the Complex. The extent of in-place preservation will be determined, in part, through consultation as needed with the NOAA, MI DNR, USFWS and/or Army Corps of Engineers and may be dependent on its potential to create navigational and/or environmental hazards. The BLM will coordinate with its demolition contractor to ensure removal of the Boathouse superstructure is conducted in a manner that allows for maximum in-place preservation as determined in consultation with the appropriate environmental agencies identified above.

1. LIMITED SALVAGE: At least 30 days prior to the removal of the Boathouse superstructure, the BLM will coordinate with the TBILPS and the TBNMS to select any architectural materials and artifacts to be salvaged which may be later incorporated into an interpretive kiosk/exhibit. Materials and artifacts to be salvaged may include, but are not be limited to, intact hoisting beams, pieces of exterior fabric, other intact wall, sill or joist beams, and pieces of hardware. The BLM shall ensure that (1) the salvaged materials and artifacts are removed by the BLM’s demolition contractor in a manner that minimizes damage and (2) are safely delivered to a secure storage facility located on the island.

1. INTERPRETIVE EXHIBIT DEVELOPMENT: The BLM shall consult with the MI SHPO and develop as funding is attained by proponents, in collaboration with the TBILPS and the TBNMS, interpretive exhibits on the national and local significance of the Boathouse and the history of life saving stations in the Great Lakes. At least one exhibit will be placed on Thunder Bay Island in a location selected in collaboration with the TBILPS and will be integrated into the broader management plan for the Complex being developed by the Township and the TBILPS. Additional interpretive exhibits may be developed in collaboration with the TBNMS to be included in the GLMHC in Alpena. The Boathouse underwent thorough documentation in a Historic Structure Report (the “HSR”) prepared in 2018 for the MI SHPO and the TBILPS. The interpretive kiosk/exhibits will include details on the Boathouse structure and its history as detailed in the HSR. Online interpretive content, including 3-D renderings and videography of the Boathouse, may also be developed, and accessed via a QR code embedded within the physical exhibit. Final plans for the proposed kiosk/exhibit will be submitted to the MI SHPO for final review and approval.

1. DURATION: This Agreement will expire if its terms are not carried out within three (3) years from the date of its execution. Prior to such time, the BLM may consult with the other signatories to reconsider the terms of the Agreement and amend it in accordance with Stipulation VI below.

1. AMENDMENTS: This Agreement may not be modified or amended except pursuant to a written instrument signed by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP.

1. TERMINATION: If any signatory to this Agreement determines that it will not or cannot carry out its required duties under this Agreement, that signatory shall immediately consult with the other signatories and attempt to develop an amendment per Stipulation VI, above. If, within thirty (30) days, an amendment cannot be reached, any signatory may terminate this Agreement upon written notification to the other signatories.

Once this Agreement is terminated, and prior to work continuing on the Undertaking, the BLM must either (a) execute an MOA pursuant to 36 CFR § 800.6, or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. The BLM shall notify the signatories as to the course of action it will pursue.

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1. DISPUTE RESOLUTION: Should any signatory to this Agreement object at any time to any actions proposed, or in the manner in which terms of this Agreement are implemented, the BLM shall consult with such party to resolve the objection. If the BLM determines that such objection cannot be resolved, the BLM will:

1. Forward all documentation relevant to the dispute, including the BLM’s proposed resolution, to the ACHP. The ACHP shall provide the BLM with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the BLM shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP and signatories, and provide them with a copy of this written response. The BLM will then proceed according to its final decision.

1. If the ACHP does not provide its advice regarding the dispute within the thirty (30)-day time period, the BLM may make a final decision on the dispute and proceed accordingly. Prior to reaching a final decision, the BLM shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories to the Agreement, and provide them and the ACHP with a copy of such written response.

1. The BLM’s responsibility to carry out all other actions subject to the terms of this Agreement that are not subject to the dispute remain unchanged.

1. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement. Copies (photostatic, facsimile or otherwise) of signatures of authorized representatives to this Agreement shall be deemed to be originals and may be relied on to the same extent as the originals.

1. ENTIRE AGREEMENT: This Agreement, sets forth the entire agreement of the Parties with respect to the subject matter, and supersedes all prior agreements whether written or oral, with respect to the subject matter of this Agreement.

1. ANTI-DEFICIENCY ACT

BLM’s obligations under this Agreement are subject to the availability of appropriated funds, and the stipulations of this Agreement are subject to the provisions of the Anti-Deficiency Act. BLM will make reasonable and good faith efforts to secure the necessary funds to implement this Agreement in its entirety.

If compliance with the Anti-Deficiency Act alters or impairs BLM's ability to implement the stipulations of this Agreement, BLM shall consult with the Parties in accordance with the amendment and termination procedures found in Stipulations VI and VII of this Agreement.

All approvals, modifications, notices, and comments under this Agreement must be in writing and must be directed to the person(s) specified below. Any Party listed below may change the person and/or address applicable to it by providing notice of such change to all Parties listed below. All notices and submissions shall be considered effective upon receipt, unless otherwise specified. Written notice by regular mail, or by electronic mail with confirmed receipt.

1. SATISFACTION OF SECTION 106 RESPONSIBILITIES

Execution of this Agreement by the BLM and the MI SHPO and implementation of its terms, evidence that BLM has taken into account the effects of this Undertaking on the Complex and afforded the ACHP an opportunity to comment.