Alaska Region Programmatic Agreement



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z.Termination


  1. Any Signatory to this PA may terminate it by providing 60 calendar days written notice by certified mail to the other Signatories provided:

    1. All parties seek to avoid termination by consulting on the PA, on amendments or other actions that have caused a Signatory to seek termination.

    2. This time frame may be extended for a specified period of time upon agreement of all Signatories to this PA. Termination of this PA, or failure to abide by its terms shall require the FS to comply with standard Section 106 procedures with respect to undertakings that otherwise would be reviewed under this PA.

aa.Implementation and Duration


This PA becomes effective on the date of the last signature written below. Unless sooner terminated and except as modified, this PA will remain in effect for a period of five years after the date of the last signature, at which point the Signatory Parties will conduct a review of operating satisfaction. If no critical problems are identified, the PA will remain in effect an additional five years, at which point it may be renewed, revised, or terminated.

Execution and implementation of this PA evidences that the FS has afforded the ACHP a reasonable opportunity to comment on its undertakings, and has satisfied its Section 106 responsibilities for compliance with the NHPA.



Signatories:

____________________________________ _______________

BETH G. PENDLETON Date

Regional Forester, Alaska Region

USDA Forest Service



_____________________________________ _______________

JUDITH E. BITTNER Date

Alaska State Historic Preservation Officer

Office of History and Archaeology



_____________________________________ _______________

JOHN M. FOWLER Date

Executive Director

Advisory Council on Historic Preservation



Invited Signatories:

_____________________________________ _______________

Date
Concurring Parties:



_____________________________________ _______________

TERRI MARCERON Date

Forest Supervisor

Chugach National Forest



_____________________________________ _______________

M. EARL STEWART Date

Forest Supervisor

Tongass National Forest



_____________________________________ _______________

Date

APPENDIX A: Glossary, Acronyms, and Abbreviations


Definitions used in this PA are the same as those in the NHPA and 36 CFR 800, unless otherwise defined in this PA.

2008 Farm Bill Public Law 110-246, Food, Conservation, and Energy Act of 2008, (applicable section) Title VIII - Forestry, Subtitle B - Cultural and Heritage Cooperation Authority, Sections 8101-8107

ABA Architectural Barriers Act. Federal agencies are responsible for ensuring compliance with the ABA standards when funding the design, construction, alteration, or leasing of facilities. ADA (Americans with Disabilities Act) applies to businesses, State and local governments and does not apply to federal agencies.

ACHP Advisory Council on Historic Preservation

AHRS Alaska Heritage Resources Survey

Alaska Native Corporations and Government to Corporation Consultation

“Created under the Alaska Native Claims Settlement Act (43 USC Chapter 33), these corporations manage lands and resources for Alaska Natives. While not federally recognized Indian tribes, consultation is required with these organizations in some instances as if they were Indian tribes pursuant to Public Laws 108-199 and 108-447 directing all Federal agencies to consult with Alaska Native Corporations on the same basis as Indian tribes under Executive Order 13175. This type of consultation is considered government-to-corporation, rather than government-to-government” (FSM 1563.05).

APE Area of Potential Effects

ARPA Archaeological Resources Protection Act

Character Defining Features

Character refers to all those visual aspects and physical features that comprise the appearance of every historic building. Character-defining elements include the overall shape of the building, its materials, craftsmanship, decorative details, interior spaces and features, as well as the various aspects of its site and environment.

CFR Code of Federal Regulations

Consolidant Consolidants and adhesives are used in materials conservation to impregnate and strengthen materials or to repair pieces that are broken.  Polyvinyl Acetate (PVA) is one chemical formulation that can be used to glue objects, but also, when diluted, can be used to impregnate materials to strengthen them.  Elmer’s Glue is one example of a PVA.

Cultural Resources “An object or definite location of human activity, occupation, or use identifiable through field survey, historical documentation, or oral evidence. Cultural resources are prehistoric, historic, archeological, or architectural sites, structures, places, or objects and traditional cultural properties.…cultural resources include the entire spectrum of resources for which the Heritage Program is responsible from artifacts to cultural landscapes without regard to eligibility for listing on the National Register of Historic Places” (FSM 2360.5). Note that this is also the accepted NEPA definition of “cultural resources”.

District Ranger District on a National Forest

District Archaeological District, a National Register of Historic Places designation

EA Environmental Analysis

EIS Environmental Impact Statement

Federally Recognized Tribe

“An American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs. Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States.”

FONSI Finding of No Significant Impact. A FONSI is the final decision document signed as part of an Environmental Analysis under NEPA.

Forest Tongass National Forest or Chugach National Forest

FS USDA Forest Service

FSH Forest Service Handbook

FSH 1509.13 Forest Service Handbook, American Indian and Alaska Native Relations

FSH 2309.12 Forest Service Handbook, Heritage Program Management

FSM Forest Service Manual

FSM 1563 Forest Service Manual, Tribal Relations

FSM 2360 Forest Service Manual, Heritage Program Management

Government to Corporation Consultation

See Alaska Native Corporations and Government to Corporation Consultation

Government to Government Consultation

“Also “Tribal Consultation”. The timely, meaningful, and substantive dialogue between Forest Service officials who have delegrated authority to consult, and the official leadership of federally recognized Alaska Native Tribe(s) or Alaska Native Corporation(s), or their designated representatitive(s), pertaining to decisions or actions that may have tribal implications” (FSM 1563.05).

Heritage Professional Heritage Professionals are employed at the Region, Forest or District level as the Regional Heritage Program Leader, Forest Heritage Program Manager/Leader (Forest Archaeologist), and District or Zone Archaeologist. “A Forest Service staff or advisory position with education and expertise in archaeology, history, cultural resources management, or related disciplines. Heritage Professionals are in the GS-170-History, GS-190-General Anthropology, and GS-193-Archaeology job series. They provide professional recommendations and services to help land managers meet their Heritage Program responsibilities” (FSM 2360.5)…“including cultural resource identification (inventory), evaluation, allocation, protection, stewardship, curation, and reporting. Only Heritage Professionals may make management recommendations and review and recommend approval of heritage work done by archaeological technicians, paraprofessionals, contractors, cooperators, and volunteers” (FSM 2360.91.1.).

Historic property “Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria” [36 CFR 800.16(l)(1)].

Indian tribe “An Indian tribe, band, nation, or other organized group or community, including a native village, regional corporation or village corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 USC 1602), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians” [36 CFR 800.16(m)]. For this PA the more commonly used “Alaska Native Tribe(s)” and “Alaska Native Corporation(s)” is the preferred terminology when referring to “Indian tribe(s)”.

Leave No Trace An established program “built on seven core principles that…were developed to help educate and guide recreationists in sustainable minimum impact practices that mitigate or avoid recreation-related impacts”. The seven prinicples are:


  • Plan Ahead and Prepare

  • Travel and Camp on Durable Surfaces

  • Dispose of Waste Properly

  • Leave What You Find

  • Minimize Campfire Impacts 

  • Respect Wildlife

  • Be Considerate of Other Visitors

(from Leave No Trace Seven Principles Overview, accessed 11/29/2016).

Line Officer FS personnel with the authority or deletgated authority to make decsions for the agency and is ultimately responsible for those decisions. Includes District Ranger, Forest Supervisor, Regional Forester, and Chief.

Management Category

The Forest Service assigns a Management Category to cultural resources. These include Preservation, Enhancement, Scientific Investigation, or Release From Management Under NHPA (see FSM 2363.3) which describe how a particular resource will be managed in the future.

mhw mean high water

mllw mean lower low water

MOA Memoranda or Memorandum of Agreement

MOU Memoranda or Memorandum of Understanding

NAGPRA Native American Graves Protection and Repatriation Act

National Register National Register of Historic Places

NEPA National Environmental Policy Act

NFS CRR National Forest Service Cultural Resource Record

NFS DB National Forest Service Database

NHL National Historic Landmark

NHPA National Historic Preservation Act

Non-Federally Recognized Tribe

Any Indian tribe that does not meet the definition of federally recognized tribe (above).

OHA Office of History and Archaeology

PA This Programmatic Agreement

Preservation Standard Under the Secretary of the Interior’s Standards for the Treatment of Historic Properties there are four levels of intervention.  The Preservation Standard requires the retention of the greatest amount of historic fabric, along with the building’s historic form, features and detailing as they have evolved over time.  This standard has the least amount of flexibility and discourages addition of new materials and features to historic buildings and structures.

Rehabilitation Standard

Under the Secretary of the Interior’s Standards for the Treatment of Historic Properties there are four levels of intervention.  The Rehabilitation Standard acknowledges the need to alter or add to a historic building to meet continuing or new uses while retaining the building’s historic character.  This standard allows for some flexibility in adding new features and modern materials to historic buildings and structures.

Replacement In Kind

Under the Secretary of the Interior’s Standards for the Treatement of Historic Properties, ‘replacement in kind’ refers to matching the old feature in composition, design, color and texture.

ROW Right of Way

Region USDA Forest Service Alaska Region

ROD Record of Decision. A ROD is the final decision document signed as a part of an Environmental Impact Statement under NEPA.

Sacred Place “Any specific location on National Forest System land, whether site, feature, or landscape, that is identified by an Indian tribe, or the religious societies, groups, clans, or practitioners of an Indian tribe, as having important spiritual and cultural significance to that entity, greater than the surrounding area itself. Sacred places may include but are not limited to geological features, bodies of water, burial places, traditional cultural places, biological communities, stone and earth structures, and cultural landscapes uniquely connecting historically important cultural sites, or features in any manner meaningful to the identifying Tribe” (FSM 1563.05).

Sacred Site “As identified in Executive Order 13007, any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the Agency of the existence of such a site.” (FSM 1563.05).

SHPO Alaska State Historic Preservation Officer

Signatory Party People/organizations who have signed the PA as a signatory. Signatory Parties have review or other responsibilities identified in the PA.

SOI Secretary of the Interior

SOI Treatment Standards

The Secretary of the Interior’s Standards for the Treatment of Historic Properties. Guidelines providing professional standards and advice for the preservation of all cultural resources listed in or eligible for listing in the National Register of Historic Places. The ‘standards’ are not regulatory.

SOI Qualifications Standards

The Secretary of the Interior’s Standards describing minimum qualifications to be met to be considered “professional” in the fields of Anthropology, Archaeology, History, Architecture, and related sub- disciplines. (See Heritage Professional)

TCP Traditional Cultural Property

USC United States Code

USDA United States Department of Agriculture


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