# C) MEMORANDUM OF AGREEMENT > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A24f9954b045e368d ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text C) MEMORANDUM OF AGREEMENT AMONG THE SAGINAW CHIPPEWA INDIAN TRIBE OF MICHGAN THE MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY THE GENESEE COUNTY LAND BANK AUTHORITY THE MICHIGAN STATE HISTORIC PRESERVATION OFFICER AND THE CITY OF FLINT PURSUANT TO 36 CFR § 800.5(b) REGARDING THE NEIGHBORHOOD STABILIZATION PROGRAM 2 ACTIVITIES AT 612 WEST 2%" AVENUE, 624 WEST 2"° AVENUE, AND 615 WEST UNIVERSITY AVENUE IN FLINT, GENESEE COUNTY, MICHIGAN WHEREAS, pursuant to 24 CFR § 58, the United States Department of Housing and Urban Development (HUD) has delegated the responsibility for compliance with the requirements of Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 USC 470f) to the Michigan State Housing Development Authority (MSHDA) as a recipient of Neighborhood Stabilization Program 2 (NSP2) funds; and 6) WHEREAS, NSP? was established to stabilize neighborhoods whose viability has been and continues to 7 be damaged by the economic effects of properties that have been foreclosed upon and abandoned and was authorized by Title XII of Division A of the American Recovery and Reinvestment Act of 2009; and WHEREAS, MSHDA is the lead member of a Michigan NSP2 Consortium consisting of twelve (12) cities working in collaboration with eight (8) land banks, including the City of Flint (CITY) and the Genesee County Land Bank (GCLB), in high need and high risk communities in Michigan; and WHEREAS, the GCLB intends to demolish three existing houses located at 612 West 2™ Avenue, 624 West 2™ Avenue, and 615 West University Avenue (the NSP2 Undertaking) in the Carriage Town Historic Neighborhood in Flint, MI, a locally designated historic district that was determined not eligible for the National Register of Historic Places (NRHP); and WHEREAS, in compliance with CITY Ordinance §2-148, the Historic District Commission, appointed by the Mayor of the CITY, has reviewed and approved the proposed demolition of the three existing houses located at 612 West 2"! Avenue, 624 West 2"™ Avenue, and 615 West University Avenue in the Carriage Town Historic Neighborhood that comprise the NSP2 Undertaking; and WHEREAS, the NSP2 Undertaking is located near the Stone Street Development Project where, in 2008, Native American human remains dating from ca. 800-1,200 years ago (site number 20GS 136) were uncovered in the process of digging foundations for new houses, and that site 20GS136 appears to meet Criterion D of the NRHP; and @) Cy car G WHEREAS, the Saginaw Chippewa Indian Tribe of Michigan, in cooperation with other Native American Tribes and the University of Michigan, have funded the reconciliation of ancestral human remains and associated funerary objects for reburial; and WHEREAS, the boundaries of site 20GS136 are as yet unknown, the Saginaw Chippewa Indian Tribe of Michigan and the GCLB have acknowledged the potential that Native American human remains and associated funerary objects could be disturbed by the NSP2 Undertaking if demolition-related activity exceeds a depth of approximately one foot below the existing ground surface; and WHEREAS, pending Tribal Council approval, the GCLB will transfer ownership of the three properties associated with the NSP2 Undertaking to the Saginaw Chippewa Indian Tribe of Michigan after all work on the three properties is completed; and WHEREAS, The Little Traverse Bay Bands of Odawa Indians (LTBBOI) is a concurring party to this Memorandum of Agreement (MOA) because it has an interest to preserve and protect the Native American cemetery and associated historic properties because they are located within the area of land ceded through the 1807 Treaty of Detroit which was negotiated and signed by the Ottawa (Odawa), Wyandot, Potawatomi, and Chippewa nations with the United States government; and WHEREAS, the GCLB has consulted with the State Historic Preservation Officer (SHPO) of Michigan in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and its implementing regulations (36 CFR § 800); and WHEREAS, the result of the consultation with the SHPO determined that the three houses that comprise the NSP2 Undertaking are not historic properties and that the NSP2 Undertaking would have no adverse effect on site 20GS136 if certain conditions are met; and WHEREAS, all signatories to this MOA agree that Native American human remains and associated funerary objects shall be avoided and shall not be disturbed by the NSP2 Undertaking; and NOW, THEREFORE, the Saginaw Chippewa Indian Tribe of Michigan, the LTBBOI, the CITY, the GCLB, MSHDA and the SHPO agree that the NSP2 Undertaking shall be implemented in accordance with the following stipulations to ensure there will be no disturbance of Native American human remains and associated funerary objects and will have no adverse effect on potential historic properties in accordance with 36 CFR § 800.5(b). STIPULATIONS The GCLB shall ensure that the following measures are carried out: I. Construction Specifications A. The GCLB shall specify to the demolition contractor that: 1. No earth moving activities are permitted as part of the NSP2 Undertaking. 2. Demolition crews shall not commence any demolition work on the site until the NSP2 archaeologist retained pursuant to item A Stipulation II is present. 3. The materials that comprise the house and the upper foundation blocks must be removed from the site and disposed of according to City of Flint regulations. 4. The foundation of the house shall be left in place below the existing ground surface, except for the top row of foundation blocks just below the surface to a ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 2 of 11 O © II. Monitoring depth of a minimum of eight (8) inches and maximum of twelve (12) inches below the existing ground surface. The foundation shall be cut with a cement saw and removed carefully to minimize any additional disturbance to the remaining foundation, The bottom of the foundation shall be carefully cracked into sections four (4) feet in diameter or smaller, split or perforated to allow drainage. Clean fill obtained offsite and from outside the Carriage Town Neighborhood shall be used to fill in the foundation space up to the existing ground surface level. GCLB’s Contractor shall not undertake ground disturbing work before the NSP2 archaeologist retained under item A Stipulation II is on-site or during a time frame outside of those identified in the letter to the Tribal Councils and Groups is prepared pursuant to item B Stipulation III. The Contractor and all employees shall cooperate with Native American and archaeological monitors described in Stipulation II at the site of the NSP2 Undertaking, including stopping work if so ordered. A. The Saginaw Chippewa Indian Tribe of Michigan and LTBBOI shall be informed of the date and time of all items conducted under Stipulation I. Construction Specifications. Tribal members may conduct ceremonies and observances, as they desire, throughout the course of the NSP2 Undertaking. B. GCLB shall retain the services of a professional archaeologist meeting the qualifications specified in 36 CFR 61 for archaeology, attached and incorporated into this MOA as Attachment A, who must be present to monitor the foundation investigation, fill, and site clean-up work at the NSP2 Undertaking sites. C. Inthe event of an unanticipated discovery as defined in Stipulation VI, Tribal monitor(s) and professional archaeologist monitor(s) have the authority to order the Contractor to stop work, notify GCLB, and initiate consultation in accordance with Stipulation VI. IIL. Notification A. Schedule the Archaeologist 1. GCLB shall contact the NSP2 Archaeologist retained as a result of item B in Stipulation II in advance of the ground disturbing work and let them know of the date and location of the work to be performed. GCLB shal! make sure that the NSP2 Archaeologist is available for the date and time proposed by the Contractor. If the archeological monitoring cannot take place at the date and time proposed, the GCLB shall inform the Contractor who will propose a new date and time. B. Notification of Tribal Councils and Groups 1. GCLB shall, ten (10) days prior to the commencing of ground disturbing work, send a letter via first class mail to Federally and State Recognized Native American Tribal Communities and Other Indigenous Organizations with interest in Flint and Genesee County with the date, time, location and description of work to be performed that is ground disturbing in nature. The list of recipients for the letter in item | is included as Attachment B, which is incorporated into this MOA. ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 3 of 11 3. This letter will include an invitation to be present while this work is performed, @) contact information for questions about the work and a statement that if the Tribal Council or Group does not respond to this request it is understood that they do not have issues or concems about the NSP2 Undertaking. IV. Transfer of Properties The GCLB shall notify all parties to this MOA when ownership of each of the three properties associated with the NSP2 Undertaking is transferred to the Saginaw Chippewa Indian Tribe of Michigan. V. Reporting The GCLB shall: A. Report the demolition of each property associated with the NSP2 Undertaking to all parties to this MOA within 30 days of completion of all work on each property; and B. Report the final completion of all work associated with the NSP2 Undertaking to all parties to this MOA within 30 days of the last demolition. C. Require the monitoring archaeologist to prepare a brief report describing the demolition work and commenting on any relevant archaeological observations. The report will include a map that illustrates the three locations at which demolition took place relative to the cemetery location. D. Make the report prepared by the monitoring archaeologist under item C. available to all parties to this MOA within 30 days of the report’s completion. C > VI. Unanticipated Discoveries A. Ifa previously undiscovered archaeological, historical, or cultural property, as determined by the NSP2 monitoring archaeologist, is encountered during demolition, or previously known properties will be affected or have been affected in an unanticipated adverse manner, all activity around the encountered property shall cease immediately to avoid or minimize harm to the property. B. Activity shall not resume until the GCLB consults with the Saginaw Chippewa Indian Tribe, LTBBOI, and SHPO to determine the property’s significance, identify the effects, and determine if adverse effects can be avoided by alteration of construction methods, the installation of protective measures, or other mitigation. C. If human remains are discovered, appropriate protocol will be followed by the contracting archaeologist, including notification of state police, GCLB, SHPO, in accordance with all relevant provisions of state law. D. Within seven (7) days of a discovery, all parties agree to meet to determine a course of action. E. All parties shall adhere to confidentiality moratorium regarding any discoveries. Vil. Amendment Any signatory party to this MOA may propose that this MOA be amended, whereupon the parties will consult in accordance with 36 CFR § 800.6(c)(7) to consider such an amendment. ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 40011] Ww Vii. Dispute Resolution A. Should any party to this MOA object within thirty (30) days to any of the proposed actions pursuant to this MOA, Saginaw Chippewa Indian Tribe of Michigan, the GCLB, MSHDA and the SHPO shall consult to resolve the objection. If MSHDA determines that the objection cannot be resolved pursuant to 36 CFR § 800.7(b), the GCLB shall forward all documentation relevant to the dispute to the Advisory Council on Historic Preservation (Council). Within forty-five (45) days after receipt of all pertinent documentation, the Council will either: 1. Provide the GCLB with recommendations, which the GCLB will take into account in reaching a final decision regarding the dispute (36 CFR § 800.7(b)); or 2. Notify the GCLB that it will comment pursuant to 36 CFR § 800.7(c) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by the GCLB in accordance with 36 CFR § 800.7(c)(4) with reference to the subject of the dispute. B. Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute. The GCLB’s responsibility to carry out all actions under this MOA that are not subjects of the dispute will remain unchanged. IX. Duration The term of this MOA will begin at the date of execution and unless signatories agree to extend its term, will continue until February 11, 2013, when NSP2 ends. X. Termination A. Ifthe GCLB determines that it cannot implement the terms of this MOA, or if the Saginaw Chippewa Indian Tribe of Michigan, MSHDA, or SHPO determines that the MOA is not being properly implemented, that party may propose to the other parties to this MOA that it be terminated. B. The party proposing to terminate this MOA shall so notify the other parties to this MOA explaining the reasons for termination and affording at least thirty (30) days to consult and seek alternatives to termination. The parties shall then consult. C. Should such consultation fail, the Saginaw Chippewa Indian Tribe of Michigan, the GCLB, MSHDA, or the SHPO may terminate the MOA by so notifying all parties. D. Should this MOA be terminated, MSHDA and the GCLB shall either: 1. Consult in accordance with 36 CFR Part 800.6 to develop a new MOA; or 2. Request the comments of the Council pursuant to 36 CFR § 800.7. Execution of this MOA by the Saginaw Chippewa Indian Tribe of Michigan, the GCLB, MSHDA, and the SHPO and implementation of its terms evidence that the GCLB and MSHDA have ensured there will be no disturbance of human remains and burials and no adverse effect on potential historic properties in accordance with 36 CFR § 800.5(b), have taken into account the effects of this undertaking on historic properties and have afforded the ACHP a reasonable opportunity to comment on the NSP2 Undertaking. ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 5 of 11 SIGNATORIES: THE SAGINAW CHIPPEWA INDIAN TRIBE OF MICHIGAN o: WYN Ae de Mn, pate: \X-\42\. Dennis V. Kequom, Sr., Tribal Cte. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY (__ vee PDLAS ommunity Development Director tm Tischler, MICHIGAN STATE HISTORIC PRESERVATION OFFICER w AN ea ta LL Brian D. Conway, State Histqric Preservation Officer GENESEE COUNTY LAND BANK AUTHORITY By: Oe Date: WE eA Zz Douglas K. Weiland, Executive Director THE CITY OF FLINT —— Date: U/L? 712 Dayne fk os ere Date: fast a Edward J. Kors Financial Manager CONCURRING PARTY: THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS vy: LAbindy \_ am Date: _!/ /2gt2 Wesley L. pris NAGPRA Representative ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 60f1) O ATTACHMENT A ARCHEOLOGY AND HISTORIC PRESERVATION: Secretary of the Interior's Standards and Guidelines |As Amended and Annotated] Professional Qualifications Standards The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist ofa continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archeology The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management, 2. At least four months of supervised field and analytic experience in general North American archeology, and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of fulltime professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. Architectural History The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history, or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: 1. Atleast one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 7 of il ATTACHMENT B NATIVE AMERICAN TRIBAL GROUP CONTACTS Tribe Contact Name Title Address City State | Zip Bad River Band of Tribal Historic Lake Superior Preservation Chippewa Tribe Edith Leoso Officer P.O. Box 239 Odanan wl 54861 12140 West Bay Mills indian Lakeshore Community Ms. Paula Carrick Drive Brimley Mi 49715 Burt Lake Band of Ottawa and 6461 Brutus Chippewa Indians Curtis Chambers Rd Brutus MI 49716 Chippewa Cree Tribe of the Rocky Boy's Reservation of Raymond "Jake" 31 Agency Montana Parker Jr. Square Box Elder MT | 59521 Tribal Historic | 1601S. Citizen Potawatomi Preservation Gordon Nation Kelli Mosteller Officer Cooper Dr Shawnee Ok 74801 Fond du Lac Band of Lake Superior 1720 Big Lake Chippewa Jeff Savage Road Cloquet MN | 55720 Fond du Lac Band of Tribal Historic Lake Superior Preservation 1720 Big Lake Chippewa Leroy DeFoe Officer Road Cloquet MN | 55720 Forest County P.O. Box 340, Potawatomi Cultural $415 Center, Library, and Everybody's Museum Mike Alloway, Sr. Director Rd Crandon Wl 54520 Grand Portage Tribal Council ATTN: Chairman P.O. Box 428 Grand Portage | MN | 55605 Grand River Band of Ottawa Indians Ronald F. Yob Chairman P. O. Box 2937 | Grand Rapids MI 49501 Grand Traverse Band of Ottawa and 2304 N. West Chippewa Indians Cindy Patek Bayshore Dr Peshawbetown | MI 49682 ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 8 of 11 Tribe Contact Name Title Address City State | Zip Gun Lake Band of Potawatomi Match- Lorraine e-be-nash-shee-wish | Shananaquat 3556 26th St Hopkins MI 49328 Gun Lake Band of Potawatomi Match- e-be-nash-shee-wish | Sydney Martin 3556 26th St Hopkins MI 49328 Hannabhville M-14911 Potawatomi Indians Hannahville Community Earl Meshigaud Bi Rd Wilson MI 49896 Keweenaw Bay 16429 Indian Community Chris Chosa Beartown Rd Baraga MI 49908 Keweenaw Bay 16429 Indian Community Gerladine Mantilla Beartown Rd Baraga MI 49908 Lac Courte Oreilles Tribal Historic | 13394 W. Band of Lake Preservation Trapania Rd. Superior Chippewa Jerry Smith Officer Bldg No. 1 Hayward wi 54843 Lac du Flambeau Band of Lake Superior Chippewa Lac du Indians Melinda Young P.O. Box 67 Flambeau wl 54538 Lac Vieux Desert Band of Lake Ms. Superior Chippewa Giiwegiizhigookway | MACPRA Indians Martin Treasurer P.O. Box 249 Watersmeet MI 49969 Little River Band of 375 River Ottawa Indians Jay Sam Street Manistee MI 49660 Little Traverse Bay Bands of Odawa 7500 Odawa Indians Eric Hemenway Circle Harbor Springs | MI 49740 Little Traverse Bay Bands of Odawa NAGPRA 7500 Odawa Indians Wesley L. Andrews | Representative Circle Harbor Springs | Ml 49740 Mile Lacs Band of 43408 Oodena Ojibwe Assembly Elisse Aune Drive Onamia MN | 56359 Minnesota Chippewa Director of Tribe Brian Brunelle Administration | P.O. Box 217 Cass Lake MN | 56633 Minnesota Chippewa Executive Tribe Gary Frazer Director P.O. Box 217 Cass Lake MN | 56633 ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 9 of 11 Tribe Contact Name Title Address City State | Zip Notawasppi Huron RoAnn Beebe- 2221 1-1/2 Band of Potawatomi | Mohr Mile Rd Fulton Ml 49502 Ottawa Tribe of Tribal Oklahoma Margie Ross Administrator | P.O. 110 Miami OK 74355 Tribal Historic Pokagon Band of Michael Preservation Potawatomi Indians Zimmerman, Jr. Officer 58620 Sink Rd | Dowagiac MI 49047 Pokagon Band of Potawatomi Indians | Mr. Mark Parrish P.O. Box 180 Dowagiac MI 49047 Prairie Band of Tribal Council Potawatomi Nation Jancita Warrington | Member 16281 Q Road | Mayetta KS 66509 Tribal Historic Quechan Indian Bridget Nash- Preservation Tribal Chrabascz Officer P.O. Box 1899 | Yuma AZ 85366 Red Cliff Band of Lake Superior Chippewa 88385 Pike Rd, Indians Larry Belber Hwy 13 Bayfield Wi 54814 Red Lake Band of Secretary, Red Chippewa Indians Donald Cook Lake Nation P.O. Box 550 Red Lake MN | 56671 Red Lake Band of Chippewa Indians, Minnesota Floyd Jourdain Chairperson P.O. Box 550 Red Lake MN | 56671 Saginaw Chippewa Indian Tribe of 6550 E. Michigan William Johnson Broadway Mt. Pleasant MI 48858 Saint Croix Chippewa 24663 Indians of Wisconsin | Wanda McFaggen Angeline Ave Webster wi 54893 Sault Ste. Marie Tribe S523 Ashmun Sault Ste. of Chippewa Indians _| Cecil E. Pavlat Sr. St Marie Mi 49783 Sokaogon Chippewa 3051 Sand Community Chris Quade Lake Road Crandon Wi $4520 Turtle Mountain Band of Chippewa Tribal Historic Indians of North Preservation Highway 5 Dakota Kade Ferris Officer West Belcourt ND 58316 White Earth Band of Natural Minnesota Chippewa Resources 41044 S. Ice Tribe Mike Swan Director Cracking Road | Ponsford MN | 56575 ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 10 of I Tribe Contact Name Title Address City State | Zip Tribal Historic Wyandotte Nation, Preservation 64700 E Oklahoma Sherri Clemons Officer Highway 60 Wyandotte OK 74370 ER96-327, NSP2 Undertakings in Flint MOA, 11/1/2012, Page 11 of 11 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A24f9954b045e368d. Public record. Not legal advice.