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WHEREAS, based on consultation with the Minnesota Historical Society (State Historic <br />Preservation Office or SHPO), SEA has determined that the line is eligible for listing on the <br />National Register of Historic Places (National Register); and <br />WHEREAS, the STB has consulted with the SHPO, pursuant to 36 CFR Part 800, regulations <br />implementing Section 106 of the NHPA, and has determined that the proposed adverse <br />discontinuance and adverse abandonment will have an effect on the above mentioned historic <br />resources, which are eligible for listing in the National Register; and <br />WHEREAS, the STB has consulted with the SHPO pursuant to Section 36 CFR 800.6 regarding <br />ways to avoid, minimize or mitigate effects to historic resources as a result of the adverse <br />discontinuance and adverse abandonment of the Butcher's Spur; <br />WHEREAS, the STB and SHPO have concurrently determined that the National Register <br />evaluation of the Butcher's Spur undertaken by Landscape Research adequately documents the <br />historic significance of the Line for purposes of satisfying the NHPA requirements; and <br />NOW THEREFORE, the STB, New Brighton, and SHPO agree that the execution of this <br />Memorandum of Agreement (MOA) by the parties hereto and its subsequent submission to the <br />Advisory Council on Historic Preservation (Council) in accordance with 36 CFR 800.6(b)(1)(iv), <br />shall, pursuant to 36 CFR 800.6(c); be considered to be an agreement with the Council for the <br />purposes of the NHPA. Execution and submission of the MOA, and implementation of its terms, <br />• evidences that the STB has afforded the Council an opportunity to comment on the proposed <br />action relating to the line, and that STB has taken into account the effects of the adverse <br />discontinuance and adverse abandonment on historic properties and is satisfying the <br />requirements of Section 106 of the NHPA. <br />ACCEPTED AND AGREED <br />SIGNATORY PARTIES: <br />SURFACE TRANSPORTATION BOARD <br />By: Date: <br />Victoria Rutson <br />Chief, Section of Environmental Analysis <br />MINNESOTA HISTORICAL SOCIETY <br />By: Date: <br />Nina Archabal <br />State Historic Preservation Officer <br />2 <br />