Alaska Region Programmatic Agreement

k.Standard Section 106 Procedures

Any undertakings that do not meet the criteria in Section I.e. Streamlined Section 106 Procedures shall be subject to standard Section 106 procedures.

1. Returning to Standard Section 106 Procedures

1. 
   When desired by the FS, or requested by the Signatory Parties, the FS may apply the standard Section 106 procedures for any individual undertaking that would otherwise be covered under this PA.
   
2. 
   When switching from the modified procedures allowed by this PA to the standard Section 106 procedures, the Signatory Parties shall consult about where to best enter the standard Section 106 process.
   
3. 
   Discoveries and Unanticipated Effects
   

1. 
   The SHPO shall be notified by the FS as soon as practicable (within a maximum of 48 hours) upon confirmation of the discovery that a known historic property or previously unidentified cultural resource has been affected by an undertaking in accordance with the provisions of 36 CFR 800.13(a)(1) and at that point the FS shall revert to standard Section 106 procedures for determination of eligibility and assessment of effects.
   
2. 
   All activities in the vicinity of the discovery shall cease and reasonable efforts shall be taken to avoid or minimize harm to the resource.
   
3. 
   FS personnel shall follow the Alaska Region Discovery Plan, to be developed in consultation with interested parties and available to all FS employees internally.
   

l.Human Remains

1. Inadvertent Discoveries

In the event that any human remains are encountered work in the immediate vicinity of the discovery shall cease other than non-disturbing documentation and the FS shall comply with the most current State protocols for reporting discovery of human remains available through the Office of History and Archaeology (OHA)/SHPO. In addition, the FS shall follow Native American Graves Protection and Repatriation Act (NAGPRA) procedures as outlined at 43 CFR 10, and Archaeological Resources Protection Act (ARPA) procedures outlined at at 43 CFR 7.

m.Intentional Excavation

The FS shall develop a NAGPRA Written Plan of Action [43 CFR 10.5(e)] or Comprehensive Plan [43 CFR 10.5(f)], in consultation with the appropriate Alaska Native Tribe(s) and Alaska Native Corporation(s), governing intentional recovery of human remains. The FS shall notify the SHPO in advance of such an undertaking and provide an opportunity to comment.

n.Emergency Undertakings

1. 
   In the event of a declared emergency per 36 CFR 800.12 or in the case of an immediate threat to life or property as determined by the FS, the FS and its mutual aid partners will implement, to the extent prudent and feasible, any measures that could avoid or minimize harm to historic properties. The FS may assume the eligibility of a cultural resource or group of resources for inclusion in the National Register without consultation with the SHPO and shall carry out preservation of damaged properties in a manner that will not adversely affect them.
   
2. 
   The SHPO, the ACHP, Alaska Native Tribe(s) and Alaska Native Corporation(s) will be notified of the emergency. If circumstances allow, those notified shall have seven days to comment [36 CFR 800.12(b)].
   

o.Collections

1. 
   The Alaska Region has a limited collection policy. The only cultural materials collected are diagnostic (by time, function, etc.) and artifacts that are collected under suitable controls if reasoned to be necessary by the Principal Investigator or Crew Chief, for analytical purposes or to prevent probable loss or destruction.
   
2. 
   Collections are managed according to FSM 2366 and FSH 2309.12.60 and will be housed in a facility meeting standards in 36 CFR 79.
   
3. 
   When conducting investigations on State land, FS personnel and personnel working on behalf of the FS will follow the State collection policy.
   
4. 
   When conducting investigations on land associated with the Russian River Land Act (RRLA), FS personnel and personnel working on behalf of the FS will follow the collection policy outlined in the RRLA.
   

p.Documentation and Reporting

1. Using the PA

1. 
   An annual report shall be prepared using existing and readily available information within the FS established recordkeeping procedures, and submitted to the Signatories. An annual report will be submitted to the ACHP only when it recommends changes or when requested by ACHP. FS will provide annual reports to other parties upon request.
   
2. 
   The content of the annual report will include:
   

1. 
   The Secretary of the Interior’s Annual Report to Congress for the most recently completed fiscal year.
   
2. 
   A narrative describing any noteworthy project(s) carried out on each District.
   
3. 
   A spreadsheet containing summary data on those undertakings for which the PA was used.
   
4. 
   Any cultural resource inventory reports that were completed under the terms of this PA.
   
5. 
   A list and description of cultural resources monitored for reasons other than Section 106 compliance.
   
6. 
   A description of unanticipated discoveries and resolutions for each District.
   
7. 
   An update on how the Forests or Districts are doing on meeting ongoing Memoranda of Agreement (MOA) stipulations.
   
8. 
   An update on how the Forests or Districts are doing on implementing conditions described in determination of “No adverse effect” reports. The description shall include a list of undertakings being tracked, the date the APE was last visited and/or cultural resources were last monitored, and their noted conditions.
   
9. 
   An assessment of how the PA procedures are working, with recommendations for future changes.
   
10. 
    Proposed changes to the appendices, if any.
    

q.Use of the Standard Section 106 Procedures

1. 
   Any undertaking using standard Section 106 procedures shall result in a completed project report.
   

1. 
   Project reports shall follow the Secretary of the Interior’s Standards and Guidelines for Documentation and include:
   

1. 
   An accompanying letter providing the SHPO the opportunity to comment regarding adequacy of survey, the FS’s eligibility determinations for cultural resources, and assessment of effects for the proposed undertaking.
   

2. 
   Emergencies per 36 CFR 800.12. The FS shall document properties discovered or affected by an emergency undertaking, including post-emergency preservation efforts, and shall submit a final report to the SHPO and affected Alaska Native Tribe(s) and/or Alaska Native Corporation(s) within six months of the conclusion of the emergency and any associated preservation efforts.
   

r.Cultural Resource Recording

1. 
   If new cultural resources are discovered during the Identification and Evaluation phase, a National Forest Service Cultural Resource Record (NFS CRR) shall be completed and submitted to the Alaska Heritage Resources Survey (AHRS) Coordinator for entry into the AHRS database and the cultural resource information will be updated in the National Forest Service Database (NFS DB).
   
2. 
   If previously known cultural resources are monitored, an updated NFS CRR shall be completed and submitted to the AHRS Coordinator for entry into the AHRS database and the cultural resource information will be updated in NFS DB.
   

s.Formatting

1. 
   All reports will be formatted using PDF and shall be submitted electronically. Paper copies of reports may be provided to appropriate parties upon request.