Appendix O Golf Course MOA.pdf

MEMORANDUM OF AGREEMENT

AMONG THE 325TH FIGHTER WING TYNDALL AIR FORCE BASE,

THE FLORIDA STATE HISTORIC PRESERVATION OFFICER,

THE [insert other signatories here], AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING THE

TYNDALL AIR FORCE BASE

GOLF COURSE BUILDINGS DEMOLITION PROJECT

WHEREAS, the 325th Fighter Wing Tyndall Air Force Base (Tyndall AFB), located in

Panama City, Bay County, Florida, is responsible as managers of the land within Tyndall AFB for the identification, protection, and disposition of historic properties and cultural resources;

and

WHEREAS, Tyndall AFB has determined that the demolition of Facilities 3015, 3017, 3018, 3029, and 3034 (undertaking), located on the former Tyndall AFB golf course, constitutes an undertaking subject to Section 306108 (formerly Section 106) of the National Historic Preservation Act (NHPA), 54 U.S.C. § 300101 et seq., and its implementing regulations, 36 C.F.R. Part 800, as amended; and

WHEREAS, the undertaking consists of demolition of Facilities 3015, 3017, and 3018, and removal of all their associated buried infrastructure; demolition of Facilities 3029 and 3034, and removal of all their associated infrastructure, including the wooden deck, foundation slab, parking lot, utilities, stairway, and pier remnants; and stabilization of the slope next to Facilities 3029 and 3034; and

WHEREAS, Tyndall AFB has defined the undertaking’s area of potential effects (APE) as described in Attachment [insert letter here]; and

WHEREAS, Facility 3029, the former golf course clubhouse, and Facility 3034 are located within the boundaries of Site 8BY1914, which is eligible for listing on the National Register of Historic Places (NRHP); and

WHEREAS, Tyndall AFB has determined that the undertaking may have an adverse effect on Site 8BY1914 and has consulted with the Florida State Historic Preservation Officer (SHPO) pursuant to 36 C.F.R Part 800, the regulations implementing Section 306108 of the National Historic Preservation Act, 54 U.S.C. § 306108; and

WHEREAS, Tyndall AFB has consulted with the: Miccosukee Tribe of Indians, the

Muscogee (Creek) Nation, the Poarch Band of Creek Indians, the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, and the Thlopthlocco Tribal Town regarding the effects of the undertaking on historic properties; and

WHEREAS, the following consulting Indian tribes have agreed to participate in the terms of this Agreement as invited signatories and are heretofore referred to in this agreement as the signatory Indian tribes: [list signatory Indian tribes here; i.e., the Miccosukee Tribe of Indians, the Muscogee (Creek) Nation, the Poarch Band of Creek Indians, the Seminole

Kennedy, Kendra A Map attachment required. Would Tyndall/Eglin GIS staff be able to create an APE boundary polygon? Since Argonne does not know the extent of the buried utilities and infrastructure, Argonne cannot at this time create such a polygon.

The APE for this project must be carefully defined. An APE includes all areas that may be affected by the project. This usually includes all areas of possible ground disturbance, the locations of all buildings or structures that will be demolished, and all areas of heavy equipment staging and storage. Some important questions to ask in determining the APE include: What utilities and other buried infrastructure will be removed? How will the staircase be removed? Will all pier remnants be removed including those buried under the seabed? How will the slope stabilization be accomplished? Where will heavy equipment be stationed when not in use?

Nation of Oklahoma, the Seminole Tribe of Florida, and the Thlopthlocco Tribal Town];

WHEREAS, the following consulting Indian tribes have declined to participate in the terms of this Agreement as invited signatories or concurring parties: [list Indian tribes here];

WHEREAS, signatories and invited signatories shall be collectively referred to in this agreement as signatories; and

WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), Tyndall AFB has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP has chosen [to/not to] participate in the consultation pursuant to 36 C.F.R. § 800.6(a)(1)(iii); and

NOW, THEREFORE, Tyndall AFB, [include as appropriate: the Miccosukee Tribe of Indians, the Muscogee (Creek) Nation, the Poarch Band of Creek Indians, the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Thlopthlocco Tribal Town,] the SHPO, 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 undertaking on historic properties.

STIPULATIONS

Tyndall AFB shall ensure that the following stipulations are carried out:

I. STANDARDS

All work carried out pursuant to this Agreement shall be completed by or under the direct supervision of historic preservation professionals who meet the Secretary of the Interior’s Professional Qualifications Standards. Tyndall AFB shall ensure that consultants retained for services pursuant to the Agreement meet these standards.

II. PHASED APPROACH

The undertaking will follow a phased approach in order to minimize the effects of the undertaking on Site 8BY1914. The approach is described below in Stipulations III-X. All monitoring described below will adhere to the monitoring plan included as attachment [insert letter of attachment] and the post-review and unanticipated discovery plan included as attachment [insert letter of attachment] of this MOA.

III. PHASE 1: SURVEY AND EVALUATION

A. Previously un-surveyed areas around Facilities 3015, 3017, and 3018 will be surveyed by a qualified archaeological consultant in order to identify any unrecorded archaeological resources in these areas.

B. Any identified archaeological sites will be evaluated by the archaeological consultant

Bookkeeping note: If the ACHP declines participation, remove relevant references to ACHP participation throughout rest of document.

As per the response of the SHPO to the consultation letter sent on 19 July, it would be preferable for this initial Phase I survey work to be completed before the MOA is finalized and executed. That way, any archaeological sites identified during Phase I survey could be evaluated and, if any of the sites are eligible, any necessary avoidance, minimization, and/or mitigation could be clearly detailed in the MOA. However, if that isn’t possible, Stipulation III will have to remain as is.

for their eligibility for listing in the NRHP, to the extent possible with the data collected during initial investigation.

C. The archaeological consultant will complete a report on his or her findings, including management recommendations for avoidance or mitigation, within sixty (60) days of completion of fieldwork. The report will be submitted to Tyndall AFB Cultural Resources staff for review.

1. Tyndall AFB will provide copies of the report to the SHPO and signatory

Indian tribes.

2. The SHPO and signatory Indian tribes will provide their comments on the report within fifteen (15) days of receipt.

D. If there are any archaeological sites that could be impacted by the demolition and infrastructure removal, that cannot be avoided during the undertaking, and for which the evaluation described in Stipulation III(B) above was inconclusive, Tyndall AFB will contract with an archaeological consultant to complete evaluation of these sites.

1. The archaeological consultant will complete a report on his or her findings, including management recommendations for avoidance or mitigation, within sixty (60) days of completion of fieldwork. The report will be submitted to Tyndall AFB Cultural Resources staff for review.

a) Tyndall AFB will provide copies of the report to the SHPO and signatory

b) The SHPO and signatory Indian tribes will provide their comments on the

E. Upon receipt of comments from the SHPO and signatory Indian tribes, Tyndall AFB will determine whether Stipulation IV may proceed.

IV. PHASE 2: DEMOLITION OF FACILITIES 3015, 3017, AND 3018

A. Facilities 3015, 3017, and 3018 will be demolished and all their associated buried infrastructure will be removed.

B. All heavy equipment used to remove the buildings and infrastructure will be controlled by experienced, skilled operators so as to cause the least amount of ground disturbance feasible.

1. Wherever feasible, heavy equipment will be staged from existing hard surfaces.

C. If archaeological sites are identified during the course of Phase I survey (see Stipulation III above), archaeological and/or tribal monitors will be present at all times during the removal of Facilities 3015, 3017, and 3018 and their associated buried infrastructure.

1. Archaeological and tribal monitors will have full authority to stop work in the event of discovery of human remains, previously unidentified archaeological sites, or previously unidentified significant features of recorded archaeological sites.

V. PHASE 3: DEMOLITION OF FACILITIES 3029 AND 3034

A. Facilities 3029 and 3034 will be demolished from the top down. Archaeological and/or tribal monitors will be present at all times during the demolition.

B. Wherever possible, hand removal will be used for demolition of the facilities, such as the wooden deck of Facility 3029 and remaining wooden portions of Facility 3029’s pier.

C. All heavy equipment used to remove the buildings will be controlled by experienced, skilled operators so as to cause the least amount of ground disturbance feasible.

D. Wherever feasible, heavy equipment will be staged from existing hard surfaces such as roads and parking lots.

VI. PHASE 4: GROUND PENETRATING RADAR SURVEY

A. Tyndall AFB will secure the services of a qualified archaeological consultant to conduct a ground penetrating radar (GPR) survey of all areas of proposed ground disturbance around Facilities 3029 and 3034, including the foundation slab, the parking lot, and areas of buried utilities and other infrastructure.

B. The archaeological consultant will complete a report on the results of the GPR survey within sixty (60) days of completion of fieldwork. The report will be submitted to Tyndall AFB Cultural Resources staff for review.

2. The SHPO and signatory Indian tribes will provide their comments on the

VII. PHASE 5: REMOVAL OF FOUNDATION SLAB AND PARKING LOT

A. The foundation slab of Facility 3029 and the parking lot adjacent to Facilities 3029 and 3034 will be removed. Archaeological and/or tribal monitors will be present at all

Kennedy, Kendra A This phase added per the response of the Seminole Tribe of Florida (STOF) to the consultation letter sent on 19 July.

The STOF specifically requested GPR. Although GPR can penetrate many materials (such as asphalt parking lots), it may not be an effective remote sensing tool in sandy, coastal Florida soils with high salt content, especially for identification of precontact burials. Other tools may be more effective. Argonne will discuss this with experts to determine whether remote sensing survey would be effective in these conditions and, if so, what remote sensing tool would be most appropriate.

times during the removal.

B. Heavy equipment used to remove the parking lot and slab will be controlled by experienced, skilled operators, so as to cause the least amount of ground disturbance feasible, and will be staged from existing hard surfaces.

1. The foundation slab will be removed first; heavy equipment will be stationed on the parking lot during removal of the foundation slab.

2. During removal of most of the parking lot, which will occur from southwest to northeast, heavy equipment will be stationed on the parking lot.

3. Once most of the parking lot has been removed and there is no longer space to station equipment on the parking lot, the heavy equipment will be moved to the road (Sabre Drive). The final portion of the parking lot will be removed using heavy equipment stationed on Sabre Drive.

4. This procedure will ensure that heavy equipment is stationed on a hard surface during the entire removal.

VIII. PHASE 6: DATA RECOVERY

A. Tyndall AFB will secure the services of a qualified archaeological consultant with previous experience on Tyndall AFB to develop a probability model and research design for Phase III data recovery in relation to buried utility lines and infrastructure related to Facilities 3029 and 3034.

B. The archaeological consultant – referencing the historic context of the area, the known data on Site 8BY1914 and nearby precontact sites, and the results of the GPR survey – will identify areas near buried utility lines and other areas of buried infrastructure where removal of said infrastructure has a moderate to high potential to cause adverse effects to Site 8BY1914.

C. The archaeological consultant will use this model to create a research design for Phase

III data recovery and will provide the research design to Tyndall AFB.

1. Tyndall AFB will provide copies of the research design to the SHPO and signatory Indian tribes.

research design within fifteen (15) days of receipt.

D. The archaeological consultant will finalize the research design based on comments

These steps outlined in detail per the response of the Poarch Band of Creek Indians to the consultation letter sent on 19 July.

Research design review specified per the response of the Seminole Tribe of Florida (STOF) to the consultation letter sent on 19 July.

from Tyndall AFB, the SHPO, and the signatory Indian tribes, and provide the revised research design to Tyndall AFB.

1. Tyndall AFB will provide copies of the final research design to the SHPO and signatory Indian tribes.

E. The archaeological consultant will conduct Phase III data recovery of Site 8BY1914 per the research design. Tribal monitors will be present at all times during Phase III data recovery.

1. Tribal monitors will have full authority to stop work in the event of discovery of human remains or funerary objects.

F. The archaeological consultant will complete a report on the data recovery within sixty (60) days of completion of fieldwork. The report will be submitted to Tyndall AFB Cultural Resources staff for review.

G. Tyndall AFB will review the report as well as comments from the SHPO and signatory

Indian tribes. Tyndall AFB Cultural Resources staff will make a recommendation regarding whether removal of buried utility lines and other infrastructure in the moderate to high potential areas can proceed.

IX. PHASE 7: REMOVAL OF BURIED INFRASTRUCTURE

A. In areas where the archaeological consultant’s model indicates removal of infrastructure has low potential to cause adverse effects to Site 8BY1914, removal of infrastructure with the use of heavy equipment will proceed. Archaeological and/or tribal monitors will be present at all times during the removal.

B. In areas where the archaeological consultant’s model indicates removal of infrastructure has moderate to high potential to cause adverse effects to Site 8BY1914, removal of infrastructure will not proceed with the use of heavy equipment until Tyndall AFB Cultural Resources staff have made a recommendation per Stipulation VIII(G) above.

C. All heavy equipment used to remove the buildings and infrastructure will be controlled by experienced, skilled operators so as to cause the least amount of ground disturbance feasible.

1. Wherever feasible, heavy equipment will be staged from existing hard surfaces.

D. Archaeological and tribal monitors will have full authority to stop work in the event of discovery of human remains, previously unidentified archaeological sites, or previously unidentified significant features of recorded archaeological sites.

X. PHASE 8: SLOPE STABILIZATION

A. The slope below Facilities 3029 and 3034 will be stabilized using [vegetation (native grass and shrubs)]. Archaeological and/or tribal monitors will be present at all times during the slope stabilization.

XI. DURATION

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

XII. POST-REVIEW DISCOVERIES

If properties are discovered during the course of this undertaking that may be historically significant or unanticipated effects on historic properties are found, Tyndall AFB shall implement the discovery plan included as attachment [insert letter of attachment] of this MOA.

XIII. MONITORING AND REPORTING

Each year following the execution of this MOA until it expires or is terminated, Tyndall AFB shall provide all parties to this MOA and the ACHP a summary report detailing work undertaken pursuant to its terms. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in Tyndall AFB’s efforts to carry out the terms of this MOA.

XIV. DISPUTE RESOLUTION

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

A. Forward all documentation relevant to the dispute, including Tyndall AFB’s proposed resolution, to the ACHP. The ACHP shall provide Tyndall AFB 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, Tyndall

Kennedy, Kendra A Depending on the method of stabilization used, it may be necessary to do more than simply have archaeological and/or tribal monitors present. Please provide more information on the planned stabilization methods so this section can be expanded.

CINTRON, JOSE J GS-12 USAF ACC 325 CES/CEIE

Tyndall AFB will used vegetated slope stabilization. Native grass and shrubs will be used.

AFB 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. Tyndall AFB will then proceed according to its final decision.

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

C. Tyndall AFB’s responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged.

XV. AMENDMENTS

This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP.

XVI. TERMINATION

If any signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other signatories to attempt to develop an amendment per Stipulation XV, above. If within thirty (30) days (or another time period agreed to by all signatories) an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories.

Once the MOA is terminated, and prior to work continuing on the undertaking, Tyndall AFB must either (a) execute an MOA pursuant to 36 C.F.R. § 800.6 or (b) request, take into account, and respond to the comments of the ACHP under 36 C.F.R. § 800.7. Tyndall AFB shall notify the signatories as to the course of action it will pursue.

Execution of this MOA by Tyndall AFB, [include as appropriate: the Miccosukee Tribe of Indians, the Muscogee (Creek) Nation, the Poarch Band of Creek Indians, the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Thlopthlocco Tribal Town,] the SHPO, and the ACHP, and implementation of its terms evidence that Tyndall AFB has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment.

SIGNATORIES:

Tyndall Air Force Base

Date Brian S. Laidlaw, Colonel, USAF Commander, 325th Fighter Wing

Florida State Historic Preservation Officer

Date Timothy A. Parsons, State Historic Preservation Officer Director, Division of Historical Resources

Advisory Council on Historic Preservation

John M. Fowler, Executive Director

INVITED SIGNATORIES:

[insert invited signatory name]

[insert name and title]

CONCURRING PARTIES:

[insert name of concurring party]

[insert name and title]

Will there be any concurring parties to this agreement?

ATTACHMENT [insert letter here]

MAP OF APE

[insert map of APE here]

MONITORING PLAN

Purpose and Scope:

This plan outlines the general procedures to be followed during archaeological and tribal monitoring of activities conducted as a part of the undertaking described in this MOA.

1. Archaeological and/or tribal monitors will be present during all phases of the undertaking that involve ground disturbance.

2. Archaeological and/or tribal monitors will have full authority to stop work if human remains, previously unidentified archaeological sites, or previously unidentified significant features of recorded archaeological sites are discovered.

3. Before any ground disturbing activities begin, Tyndall AFB Cultural Resources staff, the archaeological monitor(s), and the tribal monitor(s) will meet with the demolition contractor to explain the role of the archaeological monitor(s) and the tribal monitor(s), the procedures outlined in this plan, and procedures outlined in the post-review and unanticipated discovery plan.

a. Tyndall AFB Cultural Resources staff will provide their contact information to the demolition contractor, the archaeological monitor(s), and the tribal monitor(s) for use in case of any cultural resource or human remains discoveries.

b. Tyndall AFB Cultural Resources staff will ensure the demolition contractor fully understands the stop work authority of the archaeological and tribal monitor(s).

4. If human remains, previously unidentified archaeological sites, or previously unidentified significant features of recorded archaeological sites are discovered during the course of this undertaking, the procedures outlined in the post-review and unanticipated discovery plan will be followed (see Attachment [letter] of this MOA).

5. Following each phase of the undertaking for which archaeological and/or tribal monitors will be present, the archaeological and/or tribal monitors will produce a monitoring letter report for Tyndall AFB that details the demolition monitoring activities.

a. Phases which require archaeological and/or tribal monitors include those described in Stipulations IV, V, VII, VIII, IX, and X in this MOA.

b. Tyndall AFB will provide copies of the reports to the SHPO and signatory Indian tribes.

6. Following completion of all phases that require monitoring, the archaeological and/or tribal monitors will produce a comprehensive monitoring report that incorporates all of the findings from monitoring of the undertaking and will submit this report to Tyndall AFB.

a. Tyndall AFB will provide copies of the comprehensive monitoring report to the

SHPO and signatory Indian tribes.

This plan included per the response of the SHPO to the consultation letter sent on 19 July.

POST-REVIEW AND UNANTICIPATED DISCOVERY PLAN

Purpose and Scope:

This plan outlines the general procedures to be followed in the event of post-review or unanticipated discovery of cultural resources or human remains during activities conducted as a part of the undertaking described in this MOA.

CULTURAL RESOURCES

1. Archaeological and/or tribal monitors will be present during all phases of the undertaking that involve ground disturbance and will have full authority to stop work if human remains, previously unidentified archaeological sites, or previously unidentified significant features of recorded archaeological sites are discovered.

2. In the event that previously unknown cultural resources that may be historically significant are discovered during the course of the undertaking, all activity within thirty (30) meters of the discovered resource must stop instantly and the area must be secured.

3. Notification must be provided to Tyndall AFB Cultural Resources staff immediately. No activity within the thirty-meter buffer will resume until Tyndall AFB Cultural Resources staff or a qualified archaeological consultant evaluates the resource.

a. The resource will be documented using standard archaeological recordation techniques, including direct measurement, photography, and illustration, as appropriate.

4. Tyndall AFB Cultural Resource staff will notify the SHPO and signatory Indian tribes within three (3) business days of discovery.

5. Within fifteen (15) business days of discovery, Tyndall AFB archaeologists or other United States Air Force (USAF) archaeologists, in consultation with the SHPO and signatory Indian tribes, will assess whether the resource appears to be eligible for listing in the National Register of Historic Places (NRHP).

6. If the resource does not appear to be eligible for listing in the NRHP, Tyndall AFB will authorize resumption of work in the area of the discovery.

7. If the resource appears to be eligible for listing in the NRHP, Tyndall AFB will consult with the SHPO and signatory Indian tribes to investigate next steps, including avoidance, minimization, and/or mitigation. Any timely comments offered by the SHPO and signatory Indian tribes will be documented and provided to all parties to this agreement via email.

8. If adverse effects to the newly discovered historic property cannot be avoided, Tyndall

AFB, in consultation with the SHPO and signatory Indian tribes, will develop a plan to minimize and/or mitigate adverse effects.

9. Once a plan has been finalized, the plan will be added to this MOA as an amendment per Stipulation XV above.

10. If during the course of the undertaking there are any unforeseen or unanticipated effects to historic properties other than the identification of a previously unknown cultural resource, Tyndall AFB shall initiate consultation pursuant to 36 C.F.R. § 800.13(b)(3) to resolve the unforeseen effects.

HUMAN REMAINS

1. Archaeological and/or tribal monitors will be present during all phases of this undertaking and will have full authority to stop work if human remains, previously unidentified archaeological sites, or previously unidentified significant features of recorded archaeological sites are discovered.

2. If human remains or funerary objects are discovered during the course of the undertaking, all activity within thirty (30) meters of the discovery will stop instantly and the area will be secured. Guidelines set forth in Chapter 872.05, Florida Statute (Florida’s Unmarked Burial Law) will be followed. No further activity will take place within this buffer until Tyndall AFB authorizes resumption of work in the area of the discovery.

3. Notification must be provided to Tyndall AFB Cultural Resources staff immediately at

[insert number here]. Tyndall AFB Cultural Resources staff will notify the Florida SHPO within twenty-four (24) hours at (850) 245-6333 to begin procedures outlined in Chapter 872.05, Florida Statute.

4. Tyndall AFB Cultural Resources staff will notify the signatory Indian tribes of the discovery of human remains within forty-eight (48) hours of discovery.

5. All American Indian human remains and funerary objects will be handled in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA) [43 C.F.R.

Part 10].