Alaska Region Programmatic Agreement

12/1/2016

DRAFT PA version 3

FOURTH AMENDED

PROGRAMMATIC AGREEMENT

AMONG

THE USDA FOREST SERVICE, ALASKA REGION,

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND

THE ALASKA STATE HISTORIC PRESERVATION OFFICER

REGARDING

HERITAGE PROGRAM MANAGEMENT

ON NATIONAL FORESTS

IN THE STATE OF ALASKA

Table of Contents

a.Qualifications, Standards, Consultation, and Streamlined Procedures 6

b.Professional Qualifications 6

c.Professional Standards 7

d.Tribal Consultation and Participation 7

e.Other Interested Parties, Including Non-federally Recognized Tribes 7

f.Streamlined Section 106 Procedures 8

g.General Procedures 9

a.Integrating with the NEPA 9

a.Identification 9

h.Evaluation of Historic Properties 10

i.Assessment of Effects (Findings) 10

j.Monitoring Activities 11

k.Standard Section 106 Procedures 11

a.Returning to Standard Section 106 Procedures 11

l.Human Remains 12

a.Inadvertent Discoveries 12

m.Intentional Excavation 12

n.Emergency Undertakings 12

o.Collections 13

p.Documentation and Reporting 13

a.Using the PA 13

q.Use of the Standard Section 106 Procedures 14

r.Cultural Resource Recording 14

s.Formatting 15

t.Interagency Collaboration 15

u.Coordination with Other Federal Reviews 16

v.Training 16

w.Dispute Resolution 16

x.Amendments 17

y.Suspension 17

z.Termination 18

aa.Implementation and Duration 19

APPENDIX A: Glossary, Acronyms, and Abbreviations 22

APPENDIX B: Authorized Undertakings 29

a.Activites Related to Land Acquisition or Interests – General Guidelines 29

ab.Activities Carried Out Under a Permit – General Guidelines 29

ac.Ground Disturbing Activities 30

a.Previously Disturbed Grounds - General Guidelines 30

ad.Previously Undisturbed Grounds - General Guidelines 32

ae.Routine Maintenance – General Guidelins 32

a.Transportation – General Guidelines 32

af.Timber Management – General Guidelines 33

ag.Historic Buildings and Structures – General Guidelines 33

ah.Fire Management – General Guidelines 39

ai.Mine Closures – General Guidelines 40

APPENDIX C: Forms and Templates 41

APPENDIX D: Inventory Strategy 42

aj.Survey Strategy 44

ak.Standards and Guidelines for the Conduct of Field Surveys 45

FOURTH AMENDED

PROGRAMMATIC AGREEMENT

AMONG

THE USDA FOREST SERVICE, ALASKA REGION,

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND

THE ALASKA STATE HISTORIC PRESERVATION OFFICER

REGARDING

HERITAGE PROGRAM MANAGMENT

ON NATIONAL FORESTS IN THE STATE OF ALASKA

PREAMBLE

WHEREAS, the USDA Forest Service (FS) manages the resources of the Chugach and Tongass National Forests, which together comprise the Alaska Region; and

WHEREAS, this Regional Programmatic Agreement (PA) fully supersedes all provisions of the Third Amended Programmatic Agreement Among the USDA Forest Service, Alaska Region, the Advisory Council On Historic Preservation, and the Alaska State Historic Preservation Officer Regarding Heritage Program Management On National Forests In Alaska; and

WHEREAS, the FS has a multiple-use mission to manage its public lands and resources in Alaska for a variety of resources, values, products, and uses which may affect properties included in or eligible for inclusion in the National Register of Historic Places (National Register), hereafter referred to as historic properties as defined at 36 CFR 800.16(l)(1); and

WHEREAS, an “undertaking” is defined as “a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of the Federal agency; those carried out with Federal financial assistance; those requiring a Federal permit, license or approval” [36 CFR 800.16(y)]; and

WHEREAS, the FS has established management policies, standards, manuals, and guidelines designed for the management and treatment of cultural resources and historic properties consistent with the spirit and intent of the National Historic Preservation Act of 1966, as amended (54 USC 300101 et seq.¹) [NHPA] and its implementing regulations entitled Protection of Historic Properties (36 CFR 800); and

WHEREAS, the FS has consulted with the Advisory Council on Historic Preservation (ACHP) and the Alaska State Historic Preservation Officer (SHPO) pursuant to Section 800.14(b) of 36 CFR 800 implementing Section 106 (§ 306108) of the NHPA; and the Signatories agree that the FS has an extensive history of compliance with the provisions of 36 CFR 800 that demonstrates that many undertakings can be implemented using more cost-effective, streamlined steps and procedures than those outlined in 36 CFR 800; and

WHEREAS, the Signatories share a common desire to develop a flexible programmatic approach for expeditiously implementing projects subject to Section 106 of the NHPA that will satisfactorily take into account the effects of FS undertakings on historic properties, provide for tribal consultation and public participation, minimize redundant documentation, and reduce the need for case-by-case review of routine activities when historic properties will not be affected or when standard protocols and treatments can be applied; and

WHEREAS, execution of this PA by the FS obligates each participating Forest and Forest Supervisor to comply with the stipulations contained herein; and

WHEREAS, the FS recognizes its government-to-government and government to corporation relationships with federally recognized Indian tribes [as defined at 36 CFR 800.16(m)], hereinafter referred to as Alaska Native Tribes and Alaska Native Corporations [as defined in Forest Service Manual (FSM) 1563.05], and

WHEREAS, the FS recognizes that some historic properties may be culturally significant to Alaska Native Tribes and Alaska Native Corporations as well as non-federally recognized tribes; and

WHEREAS, the FS has consulted with Alaska Native Tribes and Alaska Native Corporations, on the development of this PA; and

WHEREAS, the FS has consulted with local governments and other interested parties, including Certified Local Governments pursuant to 36 CFR 800.14(b)(2); and

WHEREAS, determining that an undertaking has the potential to affect a historic property that is eligible for the National Register requires subject matter expertise; only a qualified Heritage Professional may recommend to the agency official whether a particular undertaking may apply the terms of this PA or that it must follow standard Section 106 procedures per FSM 2364.11;

NOW, THEREFORE, the Signatories agree that this PA has been implemented in accordance with the following stipulations in order to take into account the effects of undertakings on historic properties; and, when so administered, the procedures specified in this PA may be followed, in lieu of the requirements of 36 CFR 800, and these procedures satisfy the FS’s Section 106 responsibilities for all subject undertakings.