2017/11/02 Army Environmental Program Division SHPO & Tribal - PDF document

2017/11/02 Army Environmental Program Division SHPO & Tribal Consultation Kathleen McLaughlin Department of the Army Deputy Federal Preservation Officer 1 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Requirements of Section 106 • Consider effects of actions on ALL kinds of historic properties • Consultation with SHPO or Tribe(s) – does not mean proponent obtains a “clearance” or “approval” to impact historic resources • Does not equal compliance with NEPA 2 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management SECTION 106 PROCESS I. INITIA TE the process [800.3] No C • Identify tribes and other consulting • Establishundertaking parties undertaking O • Notify SHPO/THPO /potential to • Plan to involve the public cause effects N 2. IDENTIFY historic properties [800.4] S No historic • DetermineAPE • Consult with SHPO/THPO,tribes,and properties U other consulting parties • Identify historicproperties present/ • Involve the public L affected T 3. ASSESS adverse effects [800.5] A • Apply criteria of adverse • Consult with SHPO/THPO,tribes,and No historic effect other consulting parties properties T • Involve the public /affected I 4. RESOLVE adverse effects [800.6] O N • Notify ACHP • Consult with SHPO/THPO,tribes,and Memorandum • A void, minimize,or mitigate other consulting parties of Agreement adverseeffects • Involve the public FAILURE to agree [800.7] Formal ACHP comments 3 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 1

2017/11/02 1. Initiate the process[800.3] C O N No S • Identify tribes and other consultingparties undertaking • Establish the Undertaking U • Plan to involve the public • Notify SHPO/Tribes /potential to L cause effects T A T I O N 4 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Step 1: Initiate the Process • Section 800.3 • Agency Initiates process • Establish whether activity is an “undertaking” subject to review – project, activity, program funded in whole or in part by Federal agency or requiring Federal permit • Determine who should be consulted • Plan for public participation • Coordinate with other reviews – NEPA, NAGPRA, etc. 5 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Establish That There Is An Undertaking • This is a proactive analysis by agency • If not an undertaking, Agency may proceed • If Federal action is an undertaking, proceed to the next step - determining scope of the undertaking and identifying consulting parties. 6 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 2

2017/11/02 Consulting Parties • Agency consults with SHPO to identify potential consulting parties to participate • Federally‐recognized Tribes and Native Hawaiian Organizations (NHO) • Local government representatives • Applicants for Federal assistance, permits, licenses, and approvals (36 CFR 800.2(c)(4)) • Other Consulting parties (36 CFR 800.2(c)(5)) (e.g. LRA in BRAC actions) • National Park Service (NPS) (undertaking involves NHL) • National Trust for Historic Preservation • Interested Public (nature & threshold different than for Consulting Parties) 7 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 2. IDENTIFY historic properties [800.4] C O N No historic S • Consult with SHPO/Tribes,and other • DetermineAPE properties U consultingparties present/ • Identify historic properties • Involve the public affected L T A T I O N 8 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Step 2: Identify Historic Properties [800.4] • Finding and Evaluating Historic Properties – Determine scope of efforts – Identify Area of Potential Effects (APE) – Identify historic properties – Evaluate historic significance – Make formal finding of whether historic properties may be affected 9 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 3

2017/11/02 Identification • Archaeological and/or architectural historical surveys • Interviews/Oral histories • Historical background research • Geomorphological studies • Other studies • Must document a reasonable good faith effort 10 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Evaluation • National Register of Historic Places • Eligible for the National Register • 36 CFR Part 60 - National Register regulations 11 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Types of Eligible Properties Army Environmental Program Division • Buildings • Structures • Sites • Objects • Districts 12 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 4

2017/11/02 Criteria for Eligibility A:Association with events B:Association with persons C:Distinctive characteristics of building or structure • work of a master • artistic value • distinguishable entity • defining features – interior or exterior D:Information potential • Properties that have produced or may produce information important to history or prehistory 13 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Who Decides on Eligibility • The agency and SHPO consult on eligibility – Tribe if relevant • Disagreement, or if the Council and / or Secretary of Interior requests: – Formal determination of eligibility must be made by the Keeper of the National Register, in the National Park Service (36 CFR 63) 14 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Potential Outcomes of Evaluation • No historic properties (HP) affected: a. No historic properties present; OR b. HP present but no effect on them • HP present and may be affected • Apply criteria of Adverse Effect • Consultation • 30-day time period (SHPO) 15 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 5

2017/11/02 3. ASSESS adverse effects [800.5] C O N S • Apply criteria of adverse effect • Consult with SHPO/Tribes,and other No historic U consultingparties properties L /affected • Involve the public T A T I O N 16 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Examples of Adverse Effects • Physical destruction, damage, or alteration (unless sanctioned by culture) • Removal of property • Change in the character • Introduction of incompatible visual, atmospheric, or audible elements • Neglect of a property, and • Transfer, lease, or sale of the property OUT OF FEDERAL CONTROL without preservation restrictions 17 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Potential Outcomes • Adverse Effect • Continue consultation to resolve • No Adverse Effect • 30 days review by SHPO/Tribes & Consulting parties. – If no response by SHPO/Tribes & Consulting Parties within 30 days you may proceed to next step in process • Disagreement process – Continue consultation until reach agreement that NAE or; – Seek ACHP review (15 days + 15 days if needed) - ACHP will make adverse effect finding in this case • Disagreement resolution or Agency affirms NAE and sends documentation to the ACHP . • Agency proceeds. 18 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 6

2017/11/02 4. RESOL VE adverse effects [800.6] C • Notify Council O • Consultation N S • 15 day response period U L • Documentation T • Notify ACHP • Consult with SHPO/THPO,tribes,and other A Memorandum • A void, minimize,or mitigate consultingparties of Agreement T adverseeffects • Involve the public I O N FAILURE to agree [800.7] Formal ACHP comments 19 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Consultation Goal • Avoid: Eliminating the adverse effect • Minimize: Reducing severity • Mitigation • Accepting the adverse effect is in public interest 20 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Considerations • Cost factors and mission requirements • Decisions in public interest • Keep an open mind • The law DOES NOT require that we preserve all historic properties • It DOES require that we consider our effects to them during project planning 21 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 7