Programmatic Agreements for HUD-Funded Projects

UPDATE: NOW AVAILABLE for download the new 2025-2029 Programmatic Agreements (PA) for communities administering HUD Community Planning and Development (CPD) funded programs.

The State Historic Preservation Office (SHPO), in consultation with the Department of Housing and Urban Development (HUD) and the Ohio Department of Development (ODOD), has drafted amendments to the expiring entitlement and non-entitlement PAs for the administration of HUD-funded CPD programs.

The amended PAs will replace the existing agreements in whole and extend their duration for an additional five years.

For communities whose current PA expires on December 31, 2024, the amended PA will extend the new expiration date to December 31, 2029. Any of these communities with an existing PA is granted an extension of its terms until
March 1, 2025, in order to allow for completion of the necessary notifications and local approvals to renew the amended PA.

For all participating entitlement and non-entitlement communities which the agency has delegated environmental compliance responsibility to grantees under 24 CFR Part 58, the amended PAs will continue to apply to the administration of HUD-funded CPD programs. Among the CPD funding sources* covered under the PAs are:

Community Development Block Grants (CDBG)
Home Investments Partnership (HOME)
Economic Development Initiative (EDI)
Emergency Solutions Grants (ESG)
Supportive Housing
Housing Opportunities for Persons with AIDS (HOPWA)
Neighborhood Stabilization Program (NSP) Grants

*This is a representative list and is not meant to be considered a complete resource list.

All communities that administer programs using CPD funds that originate from the ODOD or directly from HUD are asked to enter into one (1) of the three (3) types of amended PAs: non-entitlement, basic entitlement or comprehensive entitlement. If you have any questions regarding which amendment is appropriate for your community, please contact us.

Executing an amended PA gives a community the opportunity to streamline the Section 106 process and review locally routine activities covered by the terms of the PAs without individual SHPO review.

Communities that do not execute an amended PA will have to complete standard Section 106 consultations (as defined at 36 CFR Part 800) for all their undertakings.

For communities who do not have a PA currently in place with SHPO but may want to adopt one in the future, contact the SHPO staff for assistance and to discuss the possible next steps.

Things to Consider During this PA Renewal Time

For communities with an existing PA, check that both 2023 and 2024 Annual Reports and required information of the expiring PA have been submitted to SHPO in order to qualify for the full term of a new PA.

Communities that have not provided Annual Reports will be evaluated for their eligibility for new PAs on a case-by-case basis by the SHPO, in cooperation with HUD and, for the non-entitlement communities, with ODOD.

For comprehensive entitlement communities, submit updated Local Procedures Plan and Citizen Participation Procedures to SHPO, and the Preservation Professional's resume to SHPO for review ahead of the amended comprehensive entitlement PA.

Please email [email protected] the name, title and email address of any new staff members who are currently responsible for Section 106 compliance to allow us to update our contact database.

Use our webpage to download the updated model agreements and letter templates. Save and rename the files necessary to customize your new agreements and notification letters to your local preservation partners.

Use the most recent version of Adobe Reader to customize the downloadable documents below and let us know if you are having issues with the documents.

Steps to Successfully Execute an Amendment

Seek Local Consultation - Make contact with local historic preservation groups or historical societies that you wish to consult about this Amendment and let them know that you’re seeking to extend your agreement using this sample cover letter.

Download the appropriate Amendment for your community using Adobe Reader. Contact SHPO with any questions or issues with the files.

Customize the Amendment - Using the fillable fields, delete the placeholder instructional text and enter the necessary information. Certain parts of the amendment need to reflect your community’s information. Using Adobe Acrobat Reader, complete the necessary fields as follows:

Community's Name: Enter your community's name in the first field at the top of Page 1, under the words "For Coordination Between". Your community's name will automatically populate into all necessary clauses and on the top of each title page of the agreement.
Optional "Whereas" Clause: This clause is used to show that you have consulted with a local historical society or preservation group(s). Delete the placeholder instructional text and add the local group’s name. If you do not have a local group who you can consult, this “Whereas” clause can be omitted by deleting the placeholder instructional text and leaving this section blank.
Signatories: After the Execution stipulation in the Amendment, you will need to delete the placeholder instructional text and insert the name and the title of the official who is signing the document on behalf of your community.
Consulting Parties: After the SHPO’s signatory page, there is an optional signature block where you may delete the placeholder instructional text and insert the name of the local consulting party who is signing the agreement and the name of the group they are representing.
Save Edits and Sign: Save your customized document and have the authorized community official electronically sign and date the Amendment. If printing a paper copy to sign, please sign and date with the day signed then rescan the document.

Request Signatures of Concurring Parties - Send the document to the local/county historical society/preservation organization that signed the existing PA as a concurring party and request their signature using this sample cover letter

Offer to Sign - The head of any organization that has expressed an interest in being a consulting party for your local projects an opportunity to concur with the Amendment should be provided the opportunity to sign the amendment. Be sure to provide this organization with not only a copy of the Amendment but also the expiring PA for reference.

Submit the Amendment to SHPO- Email [email protected] the signed Amendment by the authorized community official and any applicable historical societies/preservation organizations to SHPO using this sample cover letter.

SHPO will sign the document, retain a copy for our files, and email back the community’s Contact on file to share and retain this executed Amendment with community staff. You may begin to implement the terms of the amended PA upon receipt of the executed Amendment from SHPO.

Provide Copy of Executed Amendment – The community will need to submit a copy of the executed Amendment to the ACHP using this sample cover letter.

Contact SHPO with any questions or issues with the renewal process, the downloadable files or the implementation of the terms of the amended PA. If your office is interested in a Programmatic Agreement Q & A session or Section 106 training, please let us know.

Programmatic Agreements

Updated December 20, 2024

Amendment/Extension of Basic Programmatic Agreement for Coordination for Non-Entitlement Communities

Used by communities as an exempt activities agreement. Requires that all projects not exempt under the terms of the agreement be submitted to the SHPO for review. Any community staff member can implement its terms.

Amendment/Extension of Basic Programmatic Agreement for Coordination for Entitlement Communities

Amendment/Extension of Comprehensive Programmatic Agreement for Entitlement Communities

Community must retain staff or a consultant meeting the Professional Qualification Standards (36 CFR Part 61) in architecture, architectural history, or historic architecture to conduct project reviews in order to use this agreement. The benefit of a comprehensive PA is that it allows reviews of most projects (except those resulting in adverse effects or an archeological SHPO review is needed) to be completed at the local level.

If you have questions regarding which amendment is appropriate for your community, please contact

Rachel Krause (entitlement communities)

JoLayne Morneau (non-entitlement communities)

614.298.2000

Resources

Template for Annual Report

Sample Cover Letter 1

Sample cover letter to use when notifying local/county historical societies/preservation organizations that signed the existing Programmatic Agreement as Concurring Parties of your community's intention to amend the Programmatic Agreement.

Sample Cover Letter 2

Sample cover letter to use when notifying local/county historical societies/preservation organizations that have expressed an interest in being a consulting party since the Programmatic Agreement was implemented an opportunity to concur with the amendment by signing it.

Sample Cover Letter 3

Sample cover letter to use when submitting the amendment to the Programmatic Agreement signed by an authorized community official to SHPO for our signature.

Sample Cover Letter 4

Sample cover letter to use when submitting a copy of the executed amendment to the Programmatic Agreement to the ACHP.