Appendix 6 20170710 R10 Heritage PA Executed.pdf

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

PREAMBLE

I. STIPULATIONS

a. Professional Qualifications

b. Professional Standards

c. Tribal Consultation and Participation

d. Other Interested Parties, Including Non-federally Recognized Tribes

e. Streamlined Section 106 Procedures

II. GENERAL PROCEDURES

a. Integrating with NEPA

b. Identification

c. Evaluation of Historic Properties

d. Assessment of Effects (Findings)

e. Monitoring Activities

III. STANDARD SECTION 106 PROCEDURES

IV. HUMAN REMAINS

a. Inadvertent Discoveries

b. Intentional Excavation

V. EMERGENCY UNDERTAKINGS

VI. COLLECTIONS

VII. DOCUMENTATION AND REPORTING

a. Annual Summary of Activities

b. Documentation Required for Emergency Undertakings

c. Cultural Resource Recording

d. Formatting i

VIII. INTERAGENCY COLLABORATION

IX. COORDINATION WITH OTHER FEDERAL REVIEWS

X. TRAINING

XI. DISPUTE RESOLUTION

XII. AMENDMENTS

XIII. SUSPENSION

XIV. TERMINATION

XV. IMPLEMENTATION AND DURATION

SIGNATURES

APPENDIX A: GLOSSARY, ACRONYMS, AND ABBREVIATIONS

APPENDIX B: AUTHORIZED UNDERTAKINGS

I. ADMINISTRATIVE ACTIONS – GENERAL GUIDELINES

a. Activities Related to Acquisition of Land or Interests in Land – General Guidelines

b. Activities Carried Out Under an Authorization – General Guidelines

II. GROUND DISTURBING ACTIVITIES

a. Previously Disturbed Grounds - General Guidelines

b. Previously Undisturbed Grounds - General Guidelines

III. ROUTINE MAINTENANCE

a. Transportation – General Guidelines

b. Timber Management – General Guidelines

c. Historic Buildings and Structures – General Guidelines

IV. REMOVAL - GENERAL GUIDELINES

V. FIRE MANAGEMENT – GENERAL GUIDELINES

VI. MINE CLOSURES – GENERAL GUIDELINES

APPENDIX C: FORMS AND TEMPLATES

APPENDIX D: INVENTORY STRATEGY

ii

I. IDENTIFICATION

II. SURVEY STRATEGY

III. STANDARDS AND GUIDELINES FOR THE CONDUCT OF FIELD SURVEYS

APPENDIX E: ALASKA NATIVE TRIBES, ALASKA NATIVE CORPORATIONS, AND OTHER INTERESTED PARTIES

INVITED TO CONSULT

I. ALASKA NATIVE TRIBES

II. ALASKA NATIVE CORPORATIONS

III. OTHER INTERESTED PARTIES

iii iv

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

Preamble

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

WHEREAS, this Regional Programmatic Agreement (Agreement) 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 the State of Alaska;

and

WHEREAS, the Forest Service 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 Forest Service 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 (NHPA) (54 USC 300101 et seq.1) and its implementing regulations entitled Protection of Historic Properties (36 CFR 800); and

WHEREAS, the Forest Service 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 Signatory Parties agree that the Forest Service Alaska Region has an extensive history of compliance with the

1 Formerly 16 USC 470 et seq.

provisions of 36 CFR 800 that demonstrates that many undertakings can be implemented using more cost-effective, expedited steps and procedures than those outlined in 36 CFR 800; and

WHEREAS, the Signatory Parties 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 Forest Service 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 Agreement by the Forest Service obligates each participating Forest and Forest Supervisor to comply with the stipulations contained herein; and

WHEREAS, the Forest Service 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 Forest Service 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 Forest Service has invited the following Alaska Native Tribes and Alaska Native Corporations to consult on the development of this Agreement (See Appendix E: Alaska Native Tribes, Alaska Native Corporations, and Other Interested Parties Invited to Consult); and

WHEREAS, Chugach Alaska Corporation provided comments and Douglas Indian Association and Organized Village of Kake acknowledged their review of the Agreement without providing additional comments; and

WHEREAS, the Forest Service has invited the following local governments and other interested parties to consult (See Appendix E: Alaska Native Tribes, Alaska Native Corporations, and Other Interested Parties Invited to Consult), including Certified Local Governments; and

WHEREAS, Sitka Historic Preservation Commission provided comments and Seward Historic Preservation Commission reviewed the Agreement without providing additional comments;

and

WHEREAS, determining that an undertaking has the potential to affect a historic property requires subject matter expertise; only a qualified Heritage Professional may recommend to the agency official whether a particular activity is an undertaking for the purposes of NHPA and whether the terms of this Agreement may be applied or whether standard Section 106 procedures per 36 CFR 800 and FSM 2364.11 shall be followed;

NOW, THEREFORE, the Signatory Parties agree that undertakings by the Forest Service Alaska Region shall be implemented in accordance with the following stipulations in order to take into account their effects on historic properties; and, when so administered, the procedures specified in this Agreement for identification, documentation, evaluation, review, consultation, and public notification and participation will be followed, and these procedures satisfy the Forest Service’s Section 106 responsibilities for all subject undertakings.

Forest Service Alaska Region shall ensure the following measures are carried out:

I. Stipulations

a. Professional Qualifications

The Forests shall employ Heritage Professionals and non-government personnel through the use of contracts or agreements or other instruments, who meet the following professional qualification standards.

i. Forest Service Heritage Professionals shall meet professional qualifications standards established by the Office of Personnel Management [§ 3061312

(a)(1)(B)] and found at FSM 2360.5, FSM 2360.91.1, and Forest Service Handbook (FSH) 2309.12 Chapter Zero Code 04.1.

ii. The Forest Service may use the services of paraprofessionals provided they have been trained in historic preservation in a training program developed in consultation with the SHPO, have acquired a paraprofessional certification per FSH 2309.12 Chapter Zero Code 06.6, and are supervised by Forest Service Heritage Professionals who meet the above professional qualifications.

1. Paraprofessionals may document the presence/absence of cultural resources, monitor cultural resources, and prepare condition assessments of cultural resources if baseline documentation exists.

2. Paraprofessionals may not evaluate cultural resources against National Register criteria or make recommendations related to cultural resource management.

iii. All non-government personnel shall meet the professional qualifications standards found in the Secretary of the Interior's Professional Qualifications Standards and Guidelines for Archeology and Historic Preservation per FSM 2360.92.

2 Formerly Section 112

b. Professional Standards

The Forest Service shall, per § 306131 (a)(1), be responsible for the protection of historic properties and will ensure that all actions taken by employees, contractors, or others acting on behalf of the agency meet professional standards by maintaining a viable Heritage program as evidenced by policies and procedures outlined specifically in FSM 2360 and FSH 2309.12, as well as other Forest Service directives.

c. Tribal Consultation and Participation

The Forest Service shall consult with Alaska Native Tribes and Alaska Native Corporations about properties of interest to them that may be affected by Forest Service undertakings pursuant to 36 CFR 800.2(c)(2), and identification of historic properties pursuant to 36 CFR 800.4(a)(4). This consultation will be conducted in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties during planning and implementation, regardless of whether the Agreement applies or not. Property types may include, but are not limited to: sacred sites as defined in Executive Order 13007 and FSM 1563.05; sacred places as defined in FSM 1563.05; traditional use areas that may relate to the practice of traditional religions as described in American Indian Religious Freedom Act (42 USC 1996); Native American graves under Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC 3001 et seq.); Traditional Cultural Properties (TCPs) in accordance with 36 CFR 800 and FSM 2363.17, or other precontact or historic cultural resources.

d. Other Interested Parties, Including Non-federally Recognized Tribes

i. The Forest Service shall seek and consider the views of stakeholders, including Certified Local Governments and Historic Preservation Commissions, in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties and the likely interest of the public in the effects on historic properties pursuant to 36 CFR 800.2(5)(d).

ii. The Forest Service may choose to exclude undertakings from the provisions of this Agreement and to follow standard Section 106 procedures at 36 CFR 800 if stakeholder input demonstrates it is in the best interest of the resources or the Agency (Section III. Standard Section 106 Procedures).

e. Streamlined Section 106 Procedures

If the Heritage Professional has determined that all of the criteria below have been satisfied, streamlined procedures under this Agreement may be used and no further consultation with SHPO is necessary unless circumstances warrant otherwise. If one or more criteria are not met, the undertaking shall be subject to standard Section 106 procedures at 36 CFR 800 (Section III. Standard Section 106 Procedures).

ii. The Area of Potential Effects (APE) has been identified. The APE is identified by the Heritage Professional per FSM 2364.11.2.2 who will consider the direct, indirect, and cumulative effects of the undertaking, including effects that might compromise the visual integrity of surrounding historic properties, historic districts, or National Historic Landmarks (NHL). The APE is not the same (although it can be) as the “project boundaries" as defined in the National Environmental Policy Act (NEPA) (42 USC 4321-4346). The APE can be smaller, or larger, and multiple APEs may be included within the project boundaries.

1. When the APE falls within the boundary of a NHL, see Section VIII.

Interagency Collaboration.

iii. Appropriate identification and evaluation research has been carried out to the degree required to make decisions regarding the historic properties that may be affected by this undertaking (Section II.b. Identification, and Appendix D:

Inventory Strategy).

iv. Known cultural resources identified within the APE have been evaluated for the National Register or have not been evaluated but are to be treated as eligible per FSM 2363.22 and the provisions at Section II.c. Evaluation of Historic Properties. The Heritage Professional may determine a reevaluation is necessary if, for example, new information about the property becomes available.

v. Preliminary planning indicates a Finding of “no historic properties affected” [36 CFR 800.4(d)(1)] or “no adverse effect” [36 CFR 800.5(d)(1)] for the undertaking on all known historic properties within the APE.

vi. The undertaking falls into one of the categories included in Appendix B:

Authorized Undertakings.

1. If the undertaking involves a historic building or structure, Appendix B:

Authorized Undertakings can only be used if a baseline recordation exists and the existing condition is documented.

II. General Procedures

a. Integrating with NEPA

i. The Forest Service may follow 36 CFR 800.8 in coordination procedures with NEPA for Environmental Assessments (EA) or Environmental Impact Statements (EIS) and use guidance provided in NEPA and NHPA: A Handbook for Integrating

NEPA and Section 106 by the Council on Environmental Quality, Executive Office of the President and the ACHP (2013) for any agency activities requiring the development of an EA/Finding of No Significant Impact (FONSI) or EIS/Record of Decision (ROD).

ii. When not following streamlined procedures under the terms of this Agreement, Forest Service may follow 36 CFR 800.8(c) to use NEPA to substitute for standard Section 106 procedures for any agency activities requiring the development of an EA/FONSI or EIS/ROD.

iii. Actions reviewed under NEPA that qualify for a Categorical Exclusion (CE) still require compliance with Section 106 of the NHPA and may follow standard Section 106 procedures or, if applicable, the streamlined procedures described in this Agreement.

iv. Procedures at 36 CFR 800.4(b)(2) for Phased Identification and Evaluation may be followed when the APE covers a large area or the exact location of proposed activities is to be determined; an example would be a large scale/long term vegetation management project. These procedures allow for phasing the identification of cultural resources and the assessment of effects in order to issue a NEPA decision document prior to concluding the Section 106 process. It will be clearly indicated in the NEPA decision document that 36 CFR 800.4(b)(2) is being followed and that Section 106 procedures are not concluded.

b. Identification

i. The Heritage Professional shall use the best available methods for identifying historic properties in the APEs for undertakings. In addition to standard literature and archival research, the Forest Service may use current predictive models developed for locating historic properties on National Forest System lands. In all cases, the Heritage Professional will use current professional standards in carrying out identification activities:

1. Heritage Professionals will follow the guidelines set forth in FSM 2363 and FSH 2309.12 Chapter 30 to identify, evaluate, and allocate cultural resources to a management category. The direction contained within FSH 2309.12 Chapter 30 applies to these activities regardless of whether they are conducted under Section 106 or Section 110 (§ 306101-306107 and 306109- 306114) of the NHPA, or Archaeological Resources Protection Act (ARPA) (16 USC 470aa et seq.) or other authorities.

2. Heritage Professionals will consult with Alaska Native Tribes and Alaska Native Corporations and other traditional users pursuant to 36 CFR 800.4(a)(3) and 36 CFR 800.4(a)(4).

3. Heritage Professionals, in keeping with the Secretary of the Interior’s Standards for Identification, will use their best professional judgement in creating an appropriate cultural resource identification strategy "undertaken to the degree required to make decisions".

4. Predictive modeling is based on current research relating to isostatic rebound and landscape level changes, including ancient shorelines, fossil beaches, refugia, and submerged cultural resources (Appendix D: Inventory Strategy). Current statistical models have identified “probability zones” of “high” or “low” which are predictors of potential cultural resource density.

The models will be tested and updated on a continuing basis.

5. “Probability zones” will be reviewed annually and revised as needed when summarizing activities (Section VII. Documentation and Reporting).

6. Heritage Professionals shall ensure that any previous identification efforts in the APE meet current standards as defined in Appendix D: Inventory Strategy, and if not, shall follow Appendix D to ensure that current standards are met.

c. Evaluation of Historic Properties

i. Properties will be evaluated for eligibility using criteria at 36 CFR 60.4 as determined appropriate by a Heritage Professional.

1. Historic properties that have been formally evaluated and have received SHPO concurrence shall be covered under the terms of this Agreement.

2. Cultural resources which have been identified, but have not been formally evaluated for eligibility to the National Register shall be treated as eligible historic properties per FSM 2363.22 under the terms of this Agreement.

3. The Heritage Professional shall determine whether a property’s circumstances have changed and an eligibility evaluation requires updating prior to an undertaking.

d. Assessment of Effects (Findings)

i. A Finding of “no historic properties affected” [36 CFR 800.4(d)(1)] shall be applied to undertakings for which the Heritage Professional has determined there will be no effects to historic properties.

ii. A Finding of “no adverse effect” [36 CFR 800.5(d)(1)] shall be applied to undertakings for which the Heritage Professional has determined there will be no adverse effects to historic properties.

iii. Cumulative effects must be included in the assessment of effects and if there is a reasonable foreseeable potential for an “adverse effect,” a conditional Finding of “no adverse effect” may be applied if conditions are imposed to avoid them per 36 CFR 800.5(b). Conditions are project specific. Examples include:

1. Requiring Leave No Trace principals be practiced for activities such as camping, hiking, and picnicking in areas near or on historic properties, and requiring that areas where activities occur are not subject to large volumes of visitor traffic that may cause adverse effects through overuse.

2. Requiring “avoidance” of historic properties as a matter of Forest Service policy such as rerouting trails, road realignments, changes in designs, or limiting visitor numbers to reduce impacts.

iv. When the Heritage Professional determines that an undertaking will result in an “adverse effect” [36 CFR 800.5(d)(2)], then the undertaking shall be subject to standard Section 106 procedures at 36 CFR 800 (Section III. Standard Section 106 Procedures).

e. Monitoring Activities

i. To ensure compliance with this Agreement, Heritage Professionals shall monitor activities during or post-implementation of undertakings.

1. If a conditional Finding of "no adverse effect" is applied, the undertaking may proceed, but requires monitoring on a schedule that the Heritage Professional deems appropriate for the activity and the resource to confirm that the Finding remains “no adverse effect.”

2. Should monitoring reveal that historic properties are being adversely affected, the SHPO and any appropriate Alaska Native Tribe(s) or Alaska Native Corporation(s) shall be notified. Forest Service will either revert to standard Section 106 procedures (Section III. Standard Section 106 Procedures) or, if necessary, implement post-review discoveries protocols per 36 CFR 800.13.

III. 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.

a. When desired by the Forest Service, or requested by the Signatory Parties, the Forest Service may apply the standard Section 106 procedures for any individual undertaking that would otherwise be covered under this Agreement.

b. When switching from the modified procedures allowed by this Agreement to the standard Section 106 procedures, the Signatory Parties shall consult about where to best enter the standard Section 106 process.

c. Discoveries and Unanticipated Effects

i. The SHPO and any appropriate Alaska Native Tribe(s) or Alaska Native Corporation(s) shall be notified by the Forest Service 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 Forest Service shall revert to standard Section 106 procedures for determination of eligibility and assessment of effects.

ii. All activities in the vicinity of the discovery shall cease and reasonable efforts shall be taken to avoid or minimize harm to the resource.

IV. Human Remains

a. Inadvertent Discoveries

In the event that any human remains are encountered, work in the immediate vicinity of the discovery shall cease. Forest Service shall, as appropriate, comply with the most current State protocols for reporting discovery of human remains, which is available through the Office of History and Archaeology (OHA)/SHPO. If, after State protocols have been carried out, the potential for Alaska Native human remains is identified, the Forest Service shall follow NAGPRA procedures as outlined at 43 CFR 10, and ARPA procedures as outlined at 43 CFR 7.

b. Intentional Excavation

The Forest Service 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 Forest Service shall notify the SHPO in advance of such an undertaking and provide an opportunity to comment.

V. Emergency Undertakings

a. 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 Forest Service, the Forest Service 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 Forest Service 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.

b. 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)].

VI. Collections

a. The Forest Service Alaska Region has a limited collection policy. When conducting surveys, only diagnostic artifacts (by time, function, etc.) are collected, along with appropriate material samples for analysis (Carbon-14, pollen, etc.). When conducting a controlled excavation, whether in-house or by contract, the Principal Investigator, following a prepared research design, identifies the appropriate materials for collection and retention in the permanent record. Materials may include artifacts, regardless of whether they are diagnostic, using current techniques, as well as material samples that include rocks, minerals, soils, flora (including charcoal and pollens), and fauna. All collected materials are curated in perpetuity with the exception of those samples which are subject to destructive analysis. This is standard professional practice in order to ensure that samples are retained for analysis using future techniques.

b. Collections are managed according to FSM 2366 and FSH 2309.12 Chapter 60 and will be housed in a facility meeting standards in 36 CFR 79.

c. When conducting investigations on State land, Forest Service personnel and personnel working on behalf of the Forest Service will follow the State collection policy.

d. When conducting investigations on lands governed by other laws, Forest Service will follow collection policies outlined in the applicable law or negotiated with the landowner.

VII. Documentation and Reporting

a. Annual Summary of Activities

i. A summary of activities shall be prepared annually using existing and readily available information within the Forest Service established recordkeeping procedures, and will be shared with Signatory Parties and any other interested parties upon request.

ii. The content of the summary will include:

1. The Secretary of the Interior’s Annual Report to Congress for the most recently completed fiscal year.

a. Noteworthy project(s) carried out on each District are included in the narrative section of the Secretary of the Interior’s Annual Report to Congress.

2. Cultural resource inventory reports that were completed under the terms of this Agreement, including a project map showing the area surveyed and cultural resources identified.

3. A spreadsheet containing the following summary data which identifies:

a. Undertakings that followed standard procedures.

b. Undertakings that followed streamlined procedures.

c. Undertakings that resulted in new inventory.

d. New cultural resources identified.

e. Known cultural resources revisited and/or monitored.

f. Unanticipated discoveries.

g. Existing MOAs and their status on meeting stipulations.

h. Previous or current undertakings that resulted in a conditional Finding of “no adverse effect,” to include the date the APE and/or relevant cultural resources were last monitored, and their noted conditions.

i. Training accomplished by Heritage staff and Line Officers per Section X.

Training.

4. A short narrative assessment of how the Agreement procedures are working, with recommendations for future changes.

5. Proposed changes to the appendices, if any.

b. Documentation Required for Emergency Undertakings

i. Emergencies per 36 CFR 800.12. The Forest Service 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 response action and any associated preservation efforts.

c. Cultural Resource Recording

i. If new cultural resources are discovered during the Identification and Evaluation phase, a Forest Service Cultural Resource Record (CRR) shall be completed and submitted to the Alaska Heritage Resources Survey (AHRS) Manager for entry into the AHRS database and the cultural resource information will be updated in the Forest Service database.

ii. If previously known cultural resources are monitored and conditions have changed, an updated Forest Service CRR shall be completed and submitted to the AHRS Manager for entry into the AHRS database and the cultural resource information will be updated in the Forest Service database.

d. Formatting

i. All reports will be formatted using PDF and shall be submitted electronically.

Paper copies of reports may be provided to appropriate parties upon request.

VIII. Interagency Collaboration

a. In order to foster cooperative relations, the Forest Service will invite Signatory Parties and any other interested parties to a review meeting every two years (biennial).

i. Meetings may be conducted in any mutually agreeable location and/or format, including in-person, video conferencing, or teleconferencing.

ii. At a minimum, participants from the Forest Service will include the Regional Forester, Forest Supervisors, and Regional and Forest level Heritage and Tribal Relations program managers.

iii. At a minimum, invitees will include SHPO, ACHP, Alaska Native Tribes, Alaska Native Corporations, and any other interested parties.

iv. Topics for discussion shall include:

1. A review of the summary of activities accomplished during the past two fiscal years (Section VII.a. Annual Summary of Activities).

2. Upcoming program of work.

3. Ongoing dialogue about how the Agreement is working and whether any changes need to be made.

b. SHPO staff will participate in the Forest Service Alaska Region monthly Heritage program calls.

c. The SHPO agrees to use the Forest Service CRR to populate the AHRS database for new and updated cultural resource information from the Forest Service. Forest Service Heritage staff will use the Forest Service CRR.

d. The Forest Service and SHPO will be mutually responsible for accuracy of their respective records systems.

e. The Forest Service and the SHPO mutually agree to share current information regarding any cultural resources reported on National Forest System lands.

f. Heritage Professionals may conduct field surveys for cultural resources on State intertidal lands, and they may conduct field surveys on other State lands on a case-by-case basis in consultation with the SHPO.

i. Field surveys conducted on State intertidal lands, defined as those lands below mean high tide, will not require Forest Service Heritage Professionals to obtain Alaska State Cultural Resource Investigation Permits.

ii. Work conducted on other State lands may require a permit, which shall be determined in consultation with the State Archaeologist.

iii. The Forest Service shall collect the minimum amount of data needed to make a determination of eligibility. Any collections remain the property of the State of Alaska and shall be curated in an OHA-approved repository in accordance with State collection policies.

iv. All such work is conducted in a collaborative sense of shared stewardship responsibilities.

g. Given the requirements of 36 CFR 800.10, when the APE falls within the boundary of a NHL, the Forest Service will consult with the National Park Service’s Alaska Regional Office NHL Coordinator to ensure that our findings are in agreement. If there is the potential for an adverse effect, standard Section 106 procedures shall be followed (Section III. Standard Section 106 Procedures).

IX. Coordination with Other Federal Reviews

a. A Federal agency that is not a Signatory Party may use this Agreement to satisfy its Section 106 responsibilities for an undertaking on National Forest System lands by notifying the Signatory Parties in writing that it agrees to the terms of the Agreement.

b. Any Federal agency using this Agreement to satisfy its Section 106 responsibilities for an undertaking on National Forest System lands agrees that the Forest Service shall be the primary point of contact on the use of the Agreement and shall provide the Forest Service the opportunity to comment on eligibility recommendations and findings of effect prior to submission to the SHPO.

X. Training

a. Forest Service Heritage staff, including temporary or seasonal staff, shall receive baseline training in the procedural requirements for complying with the NHPA, to include Section 106 and Section 110. Training venues include but are not limited to in-house, National Preservation Institute, ACHP, and SHPO; both classroom and online courses are available.

b. Forest Service Heritage staff shall receive refresher training in standard Section 106 procedures every three years while this Agreement is in effect.

c. Within six months of the signing of this Agreement, SHPO and the Forest Service shall prepare draft implementation guidelines for Heritage staff and Line Officers describing how to use this Agreement. The goals of the implementation guidelines are to 1) acquaint Heritage staff and Line Officers with the various approaches for complying with Section 106, 2) provide guidance for deciding which approach to use, and 3) provide case examples and best practices for applying each approach. Within twelve months of the signing of this Agreement the implementation guidelines will be finalized.

d. Forest Service Heritage staff and Line Officers shall receive training in the use and implementation of this Agreement as an alternative to standard Section 106 procedures within six months of completing the implementation guidelines described above. This training will be open to all interested Forest Service staff.

e. New Forest Service Heritage staff and Line Officers shall receive training in the use and implementation of this Agreement as an alternative to standard Section 106 procedures within the first six months of their hiring.

f. Any Forest or District that is suspended from use of this Agreement per Section XIII.

Suspension, for any period of time, must ensure that the Line Officer and District staff complete training in standard Section 106 procedures as soon as practicable upon suspension.

XI. Dispute Resolution

a. Should SHPO object within 30 calendar days after receipt of any documents provided for review pursuant to this Agreement, or object to the manner in which this Agreement is being implemented, the Forest Service shall consult with SHPO to resolve the objection.

If the Forest Service determines that such objection cannot be resolved, the Forest Service will:

i. Forward all documentation relevant to the dispute, including the Forest Service’s proposed resolution, to the ACHP. The ACHP shall provide the Forest Service with its advice on the resolution of the objection within 30 calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the Forest Service shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the Signatory Parties, and provide them with a copy of such written response. The Forest Service will then proceed according to its final decision.

ii. If the ACHP does not provide its advice regarding the dispute within the 30 day time period, the Forest Service may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the Forest Service shall prepare a written response that takes into account any timely comments regarding the dispute from the Signatory Parties to the Agreement, and provide them with a copy of such written response.

iii. The Forest Service’s responsibility to carry out all other actions subject to the terms of this Agreement that are not the subject of the dispute remain unchanged.

b. At any time during implementation of the measures stipulated in this Agreement, should an objection to any measure be raised by an Alaska Native Tribe, Alaska Native Corporation, or other interested party, the Forest Service shall take the objection into account and consult as needed with the objecting party, the SHPO, others as needed, and the ACHP if necessary to resolve the objection.

XII. Amendments

a. Appendices. Upon written agreement of the Signatory Parties, to be documented in formal correspondence, any appendix to this Agreement may be modified without formal amendment to this Agreement. Modifications shall be distributed to the Signatory Parties and concurring parties and appended to this Agreement.

b. Body of Agreement. This Agreement may be amended when such an amendment is agreed to in writing by all Signatory Parties. The amendment will be effective on the date a copy signed by all of the Signatory Parties is filed with the ACHP.

XIII. Suspension

a. Each Forest and District is responsible for following the terms of this Agreement and may be individually suspended, as described below, without affecting participation of the others.

b. Failure of a Forest to have a qualified Heritage Professional officially carrying out the responsibilities of the Forest Archaeologist/Heritage Program Manager for more than 60 days will result in the Forest and all its Districts being suspended from participation in this Agreement.

c. The decision to add or suspend a Forest or District’s participation in this Agreement shall ultimately be made by the Regional Forester, following consultation with the Signatory Parties and the appropriate Line Officer.

i. The Regional Forester shall monitor compliance with the terms of this Agreement and may independently suspend a Forest or District from participation in this Agreement.

ii. Before a Forest or District is suspended from use of this Agreement, representatives of the Regional Forester and the SHPO will meet with the appropriate Line Officer to develop remedial steps to resolve any concerns that led to the suspension proposal. A remediation plan will be developed, signed by the Line Officer and SHPO, and submitted to the Regional Forester for review.

Remediation plans will include, at a minimum, completion of training in standard Section 106 procedures by the Line Officer and District staff and demonstrated program improvement to be determined by the Signatory Parties.

iii. Failure by the Forest or District to carry out the remediation plan within the agreed upon timeframe will result in suspension of the Forest or District from the Agreement. A Forest or District suspended from this Agreement must follow the standard Section 106 procedures described in 36 CFR 800 with regard to all undertakings.

iv. Suspension may be lifted by the Regional Forester after the Forest or District has carried out the remediation plan to the satisfaction of the Regional Forester and the SHPO.

v. A Forest or District that has been suspended from this Agreement may be placed on a probation period after suspension is lifted. During a probation period, the Forest or District may be required to provide additional documentation, negotiated with the SHPO and Regional Forester, regarding compliance activities.

vi. The length of the probation period will be established by the Regional Forester and SHPO and will be based on the severity of the infraction that led to the suspension.

XIV. Termination

a. Any Signatory Party to this Agreement may terminate it by providing 60 calendar days written notice by certified mail to the other Signatory Parties provided:

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

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

XV. Implementation and Duration

This Agreement becomes effective on the date of the last signature written below and will remain in effect for a period of five years unless amended per Section XII. Amendments or terminated per Section XIV. Termination. The Signatory Parties will conduct a review of operating satisfaction and document their findings in a supplement to the 5th year annual summary of activities. If no critical problems are identified, the Agreement will remain in effect an additional five years, for a total of ten years, at which point it may be renewed, revised, or terminated.

Execution of this Agreement and implementation of its terms evidences that the Forest Service has taken into account the effects of individual undertakings on historic properties from its on-going management of Alaska National Forests, pursuant to the terms of this Agreement, and has afforded the ACHP an opportunity to comment.

Signatures

Signatory Parties:

REBECCA S. NOURSE Date

Acting Regional Forester, Alaska Region

USDA Forest Service

,2(; Jtt,tv 20 I 7

JUDITH E. BITTNER Date hi,fw~ Alaska S~ate Historic Preservation Officer

Office of History and Archaeology

<1~----- tyv JOHN M. FOWLER · Date

Executive Director

Advisory Council on Historic Preservation

Date

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M. EARL STEWART Date

Forest Supervisor

Tongass National Forest

APPENDIX A: Glossary, Acronyms, and Abbreviations

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

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

Agreement This Programmatic Agreement

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

CFR Code of Federal Regulations

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. See Technical Preservation Brief #17 for more information.

https://www.nps.gov/tps/how-to-preserve/briefs/17-architectural-character.htm https://www.nps.gov/tps/how-to-preserve/briefs/17-architectural-character.htm

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.

CRR Cultural Resource Record

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 the Chugach or Tongass National Forest

EA Environmental Assessment

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” from Bureau of Indian Affairs Frequently Asked Questions.

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

Forest Chugach or Tongass National Forest

Forest Service USDA Forest Service https://www.bia.gov/FAQs/

Fossil Ice Patch The former location of an ice patch that has melted completely away3.

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 delegated authority to consult, and the official leadership of federally recognized Alaska Native Tribe(s) or Alaska Native Corporation(s), or their designated representative(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

3 Vanderhoek, Richard, Brian Wygal, Randolph M. Tedor and Charles E. Holmes 2007 Survey and Monitoring Ice Patches in the Denali Highway Region, Central Alaska, 2003-2005. Alaska Journal of Anthropology 5(2):67-86.

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)].

HVAC Heating, Ventilation, and Air Conditioning

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 Agreement 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 principles 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).

Line Officer Management personnel within the Forest Service organization consisting of: Secretary of Agriculture, Chief of Forest Service, Regional Foresters, Forest Supervisors, and District Rangers. Refers to the line of authority and responsibility. “Within the constraints of applicable law, regulation, https://lnt.org/learn/seven-principles-overview and policy and the limits of their assignments, Line Officers in the Forest Service are delegated authority and assigned responsibility to:

administration.

3. Supervise the formulation of, approve, and issue necessary directives, goals, policy, procedure, and standards.

personnel and other resources, and expend funds within the limits and authorities established at higher levels.

6. Sign and execute documents within authorities granted by higher levels”…