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To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to execute a Programmatic Agreement between the City of Richmond and the Virginia Department of Historic Resources, the State Historic Preservation Office for the purpose of ensuring compliance with Section 106 of the National Historic Preservation Act in the performance of programs funded by the United States Department of Housing and Urban Development.
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THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That the Chief Administrative Officer, for and on behalf of the City of Richmond, be and is hereby authorized to execute a Programmatic Agreement between the City of Richmond and the Virginia Department of Historic Resources, the State Historic Preservation Office for the purpose of ensuring compliance with Section 106 of the National Historic Preservation Act in the performance of programs funded by the United States Department of Housing and Urban Development. The Programmatic Agreement shall be approved as to form by the City Attorney and shall be substantially in the form of the document attached to this ordinance.
§ 2. This ordinance shall be in force and effect upon adoption.
City of Richmond
Intracity Correspondence
DATE: May 6, 2025 EDITION: 3
TO: The Honorable Members of City Council
THROUGH: The Honorable Dr. Danny Avula, Mayor (by request)
(This in no way reflects a recommendation on behalf of the Mayor)
THROUGH: Sabrina Joy-Hogg, Interim Chief Administrative Officer
THROUGH: Sharon L. Ebert, DCAO for Economic Development and Planning
FROM: Kevin J. Vonck, Director, Planning and Development Review
RE: Authorization for the Chief Administrative Officer to execute a Programmatic Agreement between the City of Richmond and the Virginia Department of Historic Resources (DHR), the State Historic Preservation Office, for the purpose of ensuring City compliance with Section 106 of the National Historic Preservation Act in the performance of programs funded by the US Department of Housing and Urban Development.
ORD. OR RES. No.
PURPOSE: To authorize the Chief Administrative Officer to sign a “Programmatic Agreement Between the City of Richmond and the Virginia Department of Historic Resources (DHR), the State Historic Preservation Office, Regarding the Administration of the City of Richmond’s Community Revitalization Programs Funded by the US Department of Housing and Urban Development (HUD),” for the purpose of ensuring City compliance with Section 106 of the National Historic Preservation Act in the performance of programs funded by the U.S. Department of Housing and Urban Development.
BACKGROUND: The City of Richmond is the administering agency for local programs receiving federal assistance from the US Department of Housing and Urban Development (HUD), including, but not limited to the following: Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency Solutions Grant (ESG), Housing Opportunities for Persons with AIDS (HOPWA), Choice Neighborhoods, HOPE VI Program, Project Based Vouchers (PBV), Section 108 Loan Guarantee Program, Community Project Funding Grants, and the Self-Help Homeownership Opportunity Program (SHOP). The City is thus responsible for certifying the compliance of those programs with the National Environmental Policy Act (NEPA) of 1969 and the federal regulations at 36 CFR Part 800, et seq. that implement Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended.
Since 1993, the City of Richmond has carried out its Section 106 responsibilities under the guidance of a Programmatic Agreement with the Virginia Department of Historic Resources (State Historic Preservation Office). The Programmatic Agreement stipulates the City’s process for ensuring compliance with 36 CFR Part 800 and streamlines the Section 106 review process and allows the city to make decisions and review certain projects without consultation with DHR. Approximately 130 HUD-funded projects, on average, are annually reviewed for compliance with Section 106 and nearly 90% of those projects can be reviewed by city staff without consultation, which reduces the review time by 30 to 60 days.
In the past, these agreements have been executed by the City Manager or Chief Administrative Officer without Council authorization, but federal caselaw of the last 5 years suggests Council approval is necessary.
COMMUNITY ENGAGEMENT: The Programmatic Agreement was developed as part of the City’s obligation to comply with federal law. The State and federally recognized tribes with cultural interest in the City of Richmond, the Archaeological Society of Virginia, Historic Richmond Foundation, APVA Preservation Virginia, Black History Museum, and the Valentine Richmond History Center were specifically consulted during the development of the PA. Comment was also solicited from members of the public through direct email with civic associations affected by projects in the past and posting on the city website.
STRATEGIC INITATIVES AND OTHER GOVERNMENTAL: The Programmatic Agreement has a direct impact on the administration of the City’s affordable housing initiatives.
FISCAL IMPACT: None
DESIRED EFFECTIVE DATE: Upon adoption.
REQUESTED INTRODUCTION DATE: May 27, 2025
CITY COUNCIL PUBLIC HEARING DATE: June 23, 2025
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: Land Use, Housing, and Transportation
AFFECTED AGENCIES: Planning and Development Review, Housing and Community Development, Richmond Redevelopment and Housing Authority, and grant sub-recipients
RELATIONSHIP TO EXISTING ORD. OR RES.: N/A
ATTACHMENTS: Programmatic Agreement (2025-2030)
STAFF: Kimberly M. Chen, Senior Manager - authentiCITY Studio 804.646.6364