2017/11/02 Army Environmental Program Division Cultural Resource Legislative/Policy Mandate Kathleen McLaughlin Department of the Army Deputy Federal Preservation Officer kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 1 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division Objectives • Army Universe • Cultural Resources • Participants • Legislative Mandates • Regulatory Mandates • Policy Mandates • Conclusions • Best Practices kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division Cultural Resources Universe Army Reserves • Of 12,000+ buildings; 2570 subject To NHPA, 194 of which are historic properties – remainder not evaluated • 1 Installations with National Historic Landmark (NHL) • 6 “installations” report tribal affiliations • NAGPRA compliance indeterminate • 770 archeological sites, 1 sacred site on OCAR installations • 338 of these sites subject to NHPA (146 historic properties – 152 not evaluated) kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 1
2017/11/02 Army Environmental Program Division Cultural Resources on Army Installations kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division Participants • Installation staff / Army Command SME(s) • State Historic Preservation Officers (SHPO) • Advisory Council on Historic Preservation (ACHP) • Tribal Governments or Native Hawaiian Organizations (NHO) • National Park Service (NPS) • Local Governments • State Government • National/Local Special Interest Groups • Applicants • Public kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division Participants Roles Installation • Installation Staff (CRM, Project proponent, DPW, Legal, etc) • Determines the undertaking • Initiates and carries out the consultation process (4 Steps) • Makes determinations at key points • Requests concurrence from regulators/mitigates as required • Proceed with undertaking • Command Staff • Reviews documents for legislative & policy compliance • Approve or disapprove proposed mitigation • HQDA • Reviews contentious consultations • Informs leadership (ACSIM, Army Secretariat, OSD as necessary) • Consults with regulators, Commands, and installation to reach agreement and conclude process kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 2
2017/11/02 Army Environmental Program Division Participants Roles SHPO • What does it do? • Consult with agencies on undertakings that may affect historic properties • Advise and assist agencies in carrying out their preservation responsibilities • Consult on sufficiency of plans to protect, manage, reduce, or mitigate harm to historic properties • Opines on agency determinations within Sec 106 process/timeframes • What it does NOT do • Make determinations of effect • Approve or disapprove a federal undertaking kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division Participants Roles ACHP • What does it do? – Mediates between local historic preservation interests and Federal officials when federal action could adversely affect historic properties – Ensure that NHPA Sec 106 review process allows stakeholders a voice in Federal decisions that impact historicproperties – Provide advice to President, Congress on historic preservation and recommend legislative and/or administrative improvements – Education of stakeholders about historic preservation – Provide implementing regulations for NHPA Sec 106 at 36 CFR Part 800 • What it does NOT do – Referee on conflicting opinions of eligibility – Approve or deny projects with potential impacts to historic properties kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division Participants Roles Tribes/NHO • When/how to consult? • Consult tribes on a government‐to‐government basis • Consult with tribes/NHO on undertakings that may affect protected tribal resources, tribal rights, or Indian lands • Consult in accordance with requirements of applicable legislation • Consult early to ensure meaningful consideration of comments with the ability to affect the decision • What tribes do NOT do • Approve or disapprove a federal undertaking (unless effects on tribal lands or affecting tribal treaty rights on installation lands) kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 3
2017/11/02 Army Environmental Program Division Participants Roles Public 36 CFR 800.2(d) Nature of involvement . The agency official shall seek and consider the views of the public in a manner that reflects the nature and complexity of the undertaking and its effects on historic properties…agency must provide the public with information about an undertaking and its effects on historic properties and seek public comment…may use the agency’s NEPA procedures for public involvement. kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division Legislative Mandate • Antiquities Act (1906) • Federal Records Act (FRA) • National Historic Preservation Act 1966 (NHPA) • National Environmental Policy Act (1969) • American Indian Religious Freedom Act 1978 (AIRFA) • Archaeological Resources Protection Act 1979 (ARPA) • Native American Graves Protection and Repatriation Act 1990 (NAGPRA) • Religious Freedom Restoration Act 1993 (RFRA) kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division NHPA • NHPA directs Federal agencies to establish programs for the identification, evaluation, nomination to the National Register, and protection of historic properties. Such program should include: – Designate a Federal Preservation Officer – Sec 106 compliance procedures; – manage historic property to consider its preservation value; – preservation activities carried out in consultation with federal, state, tribal partners – Cost of preservation activities are eligible as a project cost kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 4
2017/11/02 Army Environmental Program Division NHPA (Cont.) ARMY COMPLIANCE PROCESS • CONSULT ‐ Consider how our actions may affect cultural resources on and off installation and consult • AVOID ‐ Protect these resources whenever possible • MITIGATE ‐ Compensate for adverse impacts • PROCEED ‐ Conclude consultation and execute decision COMPLIANCE STRATEGY • START EARLY ‐ Integrate CRM into planning process • AGGREGATE ‐ National examples (in consultation) kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division NEPA • Use all practical means to create and maintain conditions under which man and nature can exist in productive harmony • Consider aesthetic, historic, cultural, economic, and social effects of federal action • Consult with tribes • Involve and inform public about federal agency proposed actio ns kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management Army Environmental Program Division AIRFA • Protects and preserves American Indians’ inherent right of freedom to believe, express, and exercise [their] traditional religions • Access to sites….(42 U.S.C. 1996) • Review policies, in consultation with tribes, to protect tribal religious rights and practices. kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management 5
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