Attachment 0024 TE 2.4-01 -- USAG-RIA Integrated Cultural Resource Management.pdf

INTEGRATED

CULTURAL RESOURCES MANAGEMENT PLAN

FOR THE

UNITED STATES ARMY GARRISON

ROCK ISLAND ARSENAL

2019 – 2024

Rock Island Arsenal ICRMP: 2019-2024

June 2019 ES-1

EXECUTIVE SUMMARY

This Integrated Cultural Resources Management Plan (ICRMP) outlines U.S. Department of the

Army (DA) policies, procedures, and responsibilities for meeting cultural resources compliance and management requirements at the U.S. Army Rock Island Arsenal (RIA). The document has been prepared in accordance with Army Regulation (AR) 200-1. The policies described within the document are designed to ensure that RIA makes informed decisions regarding the cultural resources under its control, is in compliance with public laws, supports the military mission, and is consistent with sound principles of cultural resources management. In 2004, the facility was split into two separate management units that include: Garrison (responsible for all facility related issues both inside and outside the industrial zone) and the Joint Munitions Technology

Center (JMTC) (responsible for only the manufacturing within the industrial zone).

This ICRMP is a 5-year plan (2019-2024). It is designed to be a component of the installation

Master Plan, to complement other RIA plans (e.g., the Integrated Natural Resources

Management Plan), and to serve as the Garrison Manager’s decision document for the conduct of cultural resources management actions. The plan is intended for use by any personnel at RIA involved in planning activities; however, the individual responsible for the management of cultural resources on a day-to-day basis is the Cultural Resources Manager.

CULTURAL RESOURCES INVENTORY—SUMMARY/STATUS

Prehistoric and Historic Archaeological Resources

RIA is a military installation encompassing approximately 946 acres. It is both a National

Register of Historic Places (National Register) Historic District and a National Historic

Landmark (NHL). Eleven archaeological surveys have been conducted on the island, and

16 archaeological sites have been located. Of these, eight have been given an Illinois

Archaeological Site Number, and one has been determined eligible for listing in the National

Register as a contributing element of the RIA Historic District. Archaeological sites are

June 2019 ES-2 evaluated for eligibility on a case-by-case basis during the course of inventory and evaluation under Sections 106 and 110 of the National Historic Preservation Act (NHPA).

Historic Buildings and Structures

RIA currently has 59 buildings and structures listed, eligible, or potentially eligible for inclusion in the National Register. Historic American Buildings Survey/Historic American Engineering

Record (HABS/HAER) Level I documentation has been prepared for 38 buildings and structures.

The documentation is archived at the Library of Congress, and a copy is on file in the office of the Cultural Resources Manager.

Traditional Cultural Properties

There have been no Traditional Cultural Properties (TCPs) identified at RIA. Systematic inventory of TCPs has not been undertaken.

Paleontological Resources

Only three fossil remains have been uncovered at RIA. Systematic paleontological investigations have not been undertaken.

ROCK ISLAND ARSENAL CULTURAL RESOURCES GOALS

Based on the known cultural resources inventory and the status of historic properties at RIA, the following general and specific goals have been proposed for RIA for the next 5 years. These are not necessarily in order of preference. Some of the goals are already being met, and some are in the beginning stages but need additional funding and time to complete.

General Goals

Prepare an implementing Environmental Assessment (EA) for the ICRMP

Continue to secure adequate funding for maintenance of NHL properties

Continue to provide staffing for cultural resources management (CRM) programs

June 2019 ES-3

Provide CRM training for RIA staff

Prepare a comprehensive history of RIA

Work closely with the Illinois State Historic Preservation Officer (SHPO) and the

Advisory Council on Historic Preservation (Council) to improve consistency of reviews

Archaeological Resources

Develop a predictive model for the installation and prioritize areas for archaeological surveys

Verify the locations of potential historic archaeological sites described in available historical documents

Prepare determinations of eligibility

Paleontology

Include the investigation of paleontological remains, along with any future archaeological surveys.

Historic Buildings and Structures

Ensure that historic properties are leased with appropriate protective mechanisms

Continue to evaluate properties greater than 50 years old for eligibility for inclusion on the National Register

Update the National Register registration form to reflect contributing and non-contributing buildings and structures

Develop a historic structures design/maintenance manual addressing repair versus replacement of historic materials, proper methodologies and technologies, product/material availability, and design for modifications, additions, and infill construction

Conduct a survey/inventory of character-defining elements of historic RIA buildings

Train maintenance staff in the repair of archaic materials

June 2019 ES-4

Consider the development of Historic Structures Reports (HSRs) for all historic buildings and structures

Seek funding for the preservation and/or reuse of NHL properties

Consider the development of a Heritage Preservation Fund for historic RIA properties

Seek creative joint-venture opportunities that ensure the preservation of the historic RIA properties.

Education/Outreach

Collaborate with other federal agencies (e.g., U.S. Army Corps of Engineers [USACE] and Department of Veterans’ Affairs), the Colonel Davenport Historical Foundation, the

RIA Historical Foundation, and local museums in preparing celebrations, offering events, and providing for public outreach

Develop, in consultation with local schools, instructional materials pertaining to RIA history for integration into the schools’ history programs

Develop signage for RIA buildings and structures, summarizing their histories and significance

In cooperation with the Department of Veterans’ Affairs, develop a brochure recognizing the efforts of the Invalid Corps, the Graybeards, and the Galvanized Yankees

Encourage facility-wide support and recognition of National Historic Preservation Week

Seek volunteer labor for the preservation of the heritage of RIA, such as student interns from the local colleges and universities, and graduate students of the historic preservation program at the University of Illinois at Urbana-Champaign

Participate in the development of the Mississippi River Heritage Corridor.

June 2019 i

TABLE OF CONTENTS

Page

1.0 INTRODUCTION

1.1 PURPOSE AND SCOPE ..................................................................................... 1-1

1.2 INSTALLATION DESCRIPTION ..................................................................... 1-2

2.0 LEGISLATIVE AND REGULATORY REQUIREMENTS

2.1 FEDERAL LEGISLATION ................................................................................ 2-1

2.2 FEDERAL REGULATIONS AND GUIDELINES ............................................ 2-8

2.3 EXECUTIVE ORDERS AND PRESIDENTIAL MEMORANDA .................. 2-16

2.4 U.S. ARMY REGULATIONS, PROTOCOLS, AND GUIDELINES .............. 2-17

2.5 ILLINOIS STATE STATUTES ........................................................................ 2-20

2.6 ROCK ISLAND ARSENAL LEASES AND LAND USE AGREEMENTS ... 2-21

2.7 OTHER GUIDANCE APPLICABLE TO ROCK ISLAND ARSENAL.......... 2-21

3.0 PLANNING SURVEY

3.1 MISSIONS - PAST AND PRESENT .................................................................. 3-1

3.2 HISTORIC CONTEXTS ..................................................................................... 3-4

3.3 ROCK ISLAND ARSENAL REGIONAL

NATIVE AMERICAN GROUPS...................................................................... 3-41

3.4 ROCK ISLAND ARSENAL ARCHITECTURE AND LANDSCAPE ............ 3-42

3.5 PALEONTOLOGY ........................................................................................... 3-43

3.6 ROCK ISLAND ARSENAL CULTURAL LANDSCAPE .............................. 3-45

3.7 PREDICTIVE MODELS / SENSITIVITY ASSESSMENTS .......................... 3-62

4.0 INVENTORY OF RESOURCES

4.1 ARCHAEOLOGICAL DATABASE .................................................................. 4-1

4.2 HISTORIC BUILDINGS AND STRUCTURES ................................................ 4-1

4.3 TRADITIONAL CULTURAL PROPERTIES .................................................. 4-14

4.4 PALEONTOLOGY ........................................................................................... 4-14

4.5 PLANS AND SCHEDULES FOR RESOURCE INVENTORIES ................... 4-14

4.6 UNDERTAKINGS WITH THE POTENTIAL TO AFFECT

CULTURAL RESOURCES .............................................................................. 4-14

5.0 MANAGEMENT PLAN

5.1 OVERVIEW ........................................................................................................ 5-1

5.2 THE CULTURAL LANSCAPE MANAGEMENT APPROACH...................... 5-1

5.3 GENERAL OBJECTIVES .................................................................................. 5-3

5.4 ROLES AND RESPONSIBILITIES ................................................................... 5-5

5.5 INTERNAL COORDINATION PROCESS........................................................ 5-7

5.6 EXTERNAL COORDINATION PROCEDURES ............................................ 5-11

5.7 GUIDELINES FOR INVENTORIES/EVALUATIONS .................................. 5-13

June 2019 ii

TABLE OF CONTENTS

(Continued)

Page

5.8 PRESERVATION/PROTECTION PLAN

(INCLUDING SITE NON-DISCLOSURE INFORMATION) ......................... 5-14

5.9 STANDARD OPERATIONS PROCEDURES ................................................. 5-31

5.10 ACTIONS NOT REQUIRING

STATE HISTORIC PRESERVATION OFFICER CONSULTATION ........... 5-77

5.11 CURATION ....................................................................................................... 5-78

5.12 ICRMP REVIEW............................................................................................... 5-79

5.13 CULTURAL RESOURCES MANAGER

STAFFING AND TRAINING NEEDS ............................................................ 5-79

5.14 ROCK ISLAND ARSENAL KEY OBJECTIVES

AND CULTURAL RESOURCES MANAGEMENT GOALS ........................ 5-80

6.0 ECONOMIC ANALYIS

6.1 PROCUEDURE FOR HISTORIC BUILDINGS

OR SIGNIFICANT CHARACTER-DEFINING FEATURES

SCHEDULED FOR DEMOLITION ................................................................... 6-1

7.0 NATIVE AMERICAN CONSULTATION MANAGEMENT PLAN

7.1 NATIVE AMERICAN GROUPS WITH AN INTEREST IN ACTIVITIES

AT ROCK ISLAND ARSENAL ......................................................................... 7-1

7.2 PREVIOUS CONSULTATION PRACTIVES AND PROCEDURES ............... 7-7

7.3 PROTECTION OF TRADITIONAL CULTURAL PROPERTIES ................... 7-8

7.4 ACCESS TO SACRED/CEREMONIAL SITES .............................................. 7-10

7.5 DEVELOPMENT OF AN ACCESS AGREEMENT ....................................... 7-11

7.6 RECOMMENDATIONS FOR A

COORDINATED CONSULTATION APPROACH ........................................ 7-12

8.0 PUBLIC INVOLVEMENT PLAN

8.1 PURPOSE OF THE PLAN .................................................................................. 8-1

8.2 INVIDIDUALS AND GROUPS INVOLVED ................................................... 8-1

8.3 TIMING ............................................................................................................... 8-2

8.4 STATUTORY GUIDANCE ................................................................................ 8-2

8.5 PUBLIC OUTREACH......................................................................................... 8-9

9.0 BIBLIOGRAPHY ................................................................................................................ 9-1

June 2019 iii

TABLE OF CONTENTS

(Continued)

APPENDICES

A - Acronyms and Abbreviations B - Glossary C - AR 200-1 “Environmental Protection and Enhancement” D - 36 CFR Part 800 “Protection of Historic Properties” E - 36 CFR Part 61 “Procedures for State, Tribal, and Local Government Historic

Preservation Programs” F - 62 FR 119 “The Secretary of the Interior’s Historic Preservation Professional

Qualifications Standards” G - The Secretary of the Interior’s Standards for the Treatment of Historic Properties (36

CFR Part 68) with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings

H - Preservation Briefs Relevant to Rock Island Arsenal I - Section 106 Review Process Flowchart J - Illinois State Historic Preservation Office Guidelines for Archaeological Reconnaissance

Surveys and Reports K - Illinois Historic Preservation Agency Archaeological Survey Short Report Form L - POCs for Federally Recognized Tribes with Interest in Rock Island Arsenal Activities

June 2019 1-1

1.0 INTRODUCTION

1.1 PURPOSE AND SCOPE

This Integrated Cultural Resources Management Plan (ICRMP) outlines U.S. Army policies, procedures, and responsibilities for meeting cultural resources compliance and management requirements at the U.S. Army Rock Island Arsenal (RIA), Rock Island, Illinois. A list of acronyms and abbreviations used, as well as a glossary of relevant terms and definitions has been provided in Appendices A and B, respectively. This document has been prepared in accordance with Army Regulation (AR) 200-1 (Chapter 6), which encompasses the requirements described in Sections 2.1 through 2.4 of this document. The policies described herein are designed to ensure that the RIA makes informed decisions regarding the cultural resources under its control, comply with public laws, support the military mission, and are consistent with sound principles of cultural resources management.

This ICRMP is a 5-year plan (2019-2024) update. This plan supersedes the 2010-2015 ICRMP and all other ICRMPs before it. It is designed to be a component of the installation Master Plan, to complement other RIA plans (e.g., the Integrated Natural Resources Management Plan

[INRMP]), and to serve as the Garrison Manager’s decision document for the conduct of cultural resources management actions. The RIA ICRMP is an internal Army compliance and management plan designed to integrate the entirety of the installation’s cultural resources program with ongoing mission activities, allow for ready identification of potential conflicts between the installation’s mission and the cultural resources management program, and identify compliance actions necessary to maintain the availability of mission-essential properties and acreage.

The scope of this plan includes regulations and guidance that are beyond the statutory authority of the Illinois State Historic Preservation Officer (SHPO), the Advisory Council on Historic

Preservation (Council), and any affected Native American groups. Because of this, the plan is not intended to be the subject of, implemented by reference to, or included in National Historic

Preservation Act (NHPA) Programmatic Agreements (PAs), Memorandums of Agreement

June 2019 1-2

(MOAs), or Native American Graves Protection and Repatriation Act (NAGPRA)

Comprehensive Agreements (CAs). However, the sections of the RIA ICRMP that pertain to

NHPA or NAGPRA compliance can be extracted from the document, and those actions can be integrated by reference into a PA, MOA, or CA. Requests for review of the RIA ICRMP by entities other than Army organizations may be useful for the gathering of external expertise;

however, review comments will be considered nonbinding.

Until such time as this document has been formally accepted, all RIA activities with the potential to affect cultural resources will continue to be reviewed on a case-by-case basis, under Section

106 of the NHPA. Discussions of the Section 106 review process, both internal and external, are provided in Chapter 5.0.

Upon acceptance, this document supersedes all other RIA-specific cultural resources guidance.

Appropriate and applicable portions of these documents have been incorporated herein.

1.2 INSTALLATION DESCRIPTION

1.2.1 General Setting

RIA is in the middle of the Upper Mississippi River situated on a limestone island that measures

3 miles in length and 3/4 of a mile in width (Photograph 1.2-1). It is connected by three bridges to the surrounding communities of Rock Island and Moline, Illinois, and the Iowa communities of Davenport and Bettendorf (Figure 1.2.1-1).

Photograph 1.2-1, Aerial Photograph of Rock Island Arsenal

1-3 June 2019

June 2019 1-4

RIA consists of 946 acres, which includes 400 acres of developed land, 250 undeveloped acres, and 300 acres of wooded areas. The developed portion consists of buildings, structures, and infrastructure (e.g., roads, paved areas), the majority of which are limestone buildings set in a tree-shaded, campus-like atmosphere. Most of the buildings were completed in the mid to late

19th century. The remainder of the island consists of hiking trails, bike paths, a sports complex, picnic areas with baseball diamonds, a private, leased golf course and clubhouse, and two national cemeteries with graves predating the Civil War. Approximately 11 acres of the island are owned and managed by the U.S. Army Corps of Engineers (USACE) and both the National and Confederate Cemeteries are managed by the Department of Veterans’ Affairs.

Although relatively compact in size, the island hosts buildings with a total of 6.5 million square feet in floor space. Approximately 7,800 government employees work on the island, 2,000 of whom work directly for RIA.

1.2.2 Brief History

Rock Island was first seen as an important strategic military location early in the 19th century, when it was included in lands ceded by the Sauk (Sac) and Mesquakie (Fox) Indians to the federal government in the Harrison Treaty, which was signed in 1804 (Nothstein 1937; Slattery

1990). Following the War of 1812, the U.S. Army established Fort Armstrong on the western border of the region to ensure that the Mississippi River would stay open to traffic, to protect settlers, and to oversee treaty obligations. The Fort remained functional at the Island until 1845

(Nothstein 1937).

RIA was established by an Act of Congress on July 11, 1862, in response to the closure of

Harper’s Ferry Armory, Virginia, which had fallen to Confederate forces (Slattery 1990). Rock

Island, one of three newly designated arsenals in the Midwest, was ideally situated to provide ordnance storage to troops stationed in the Mississippi River Valley and to soldiers farther west guarding the frontier. Construction began in 1863 under the direction of Major C. J. Kingsbury, who resigned out of frustration because of ongoing delays. As a result, only one building was completed by 1865 (Stephens 1967).

June 2019 1-5

Brevet Brigadier General Thomas J. Rodman, a major figure in the history of American ordnance technology, assumed command of construction in 1865, designing the arsenal community to become the "Grand Arsenal of the West." This campaign became one of the largest military construction projects of the late 19th century. Ten large, Greek Revival-style manufacturing shops and ancillary buildings remain today as the administrative and technological core of the facility. Among RIA’s significant contributions to U.S. ordnance technology are its leading roles in production of artillery carriages and recoil mechanisms.

At the time of Rodman’s death in 1871, only three buildings had been constructed. Much of the completion of his masterplan (known as the “Rodman Plan”) was left to his successor, Lieutenant Colonel Daniel W. Flagler. For its first 30 years, the emphasis at RIA was primarily on building and equipping its shops. Although the last stone building was completed in 1893, it was not until the Spanish-American War (1898) that major production of military goods began

(Slattery 1990).

By World War I, (circa 1912) all of the shops were engaged in manufacturing operations, fabricating French-designed 75-millimeter (mm) recoil mechanisms. RIA subsequently became the Army's center for recoil production and also developed artillery, tanks, tractors, and armored vehicles. World War II (1942-1945) marked a period of production unsurpassed in the history of

RIA. Immense quantities of recoil mechanisms, gun carriages, gun mounts, machine guns, small arms equipment, and spare parts were produced, and RIA employment peaked at

18,467 personnel (Stephens 1965).

The Korean War (1950-1953) required a redesign of military planning to meet isolated outbreaks of hostility. Principal activities at RIA during this time included the development and manufacturing of rocket launchers and mortars, as well as the overhaul of tanks, artillery, and small arms (http://www.ria.army.mil/sites/about/history.cfm).

In the 1960s, RIA resumed emergency production of weapons systems and parts to support the

Vietnam War (Stephens 1965). Aircraft machine gun systems, artillery recoil mechanisms, and

June 2019 1-6 gun mounts were produced, and small arms, artillery, and combat vehicles were overhauled during this period.

Once again responding to a national emergency in August 1990 following the Iraqi invasion of

Kuwait, RIA manufactured carriages and recoil mechanisms, performed final assembly of M198

155mm towed Howitzers, and produced gun mounts for two self-propelled Howitzers and the

M1A1 Abrams tanks. Spare parts for these weapons were major production items during

Operation Desert Storm, testing RIA’s reputation as the "Army's job lot shop" for emergency items. In addition to the increased production during Operation Desert Storm, all items had to be packaged, loaded and shipped. RIA received and shipped orders for 17,792 components, 60 percent of which supported the M198 Howitzer. Truck-mounted mini-machine shops were also manufactured at RIA. These were built onto 5-ton truck beds and equipped with a complete set of tools, including a lathe, welder, and power vise. These mobile shops were driven to the front lines to perform field-level repairs and maintenance. RIA also repainted Army equipment for local Army Reserve units from the familiar green camouflage color to a desert sand color

(http://www.ria.army.mil/sites/about/history.cfm).

Throughout its history, RIA has contributed significantly to local, regional and national history and remains a vital manufacturing complex for America’s National defense.

1.2.3 Rock Island Arsenal Functional Units

RIA consists of five primary functional units:

Area I, at the northwest corner of the island, is the location of the original Fort Armstrong, its cemetery, the Government Bridge and properties operated by the USACE. It includes the first completed building on the island–the Clocktower–and Locks and Dam #15. The USACE property is outside RIA jurisdiction and is not within management guidance provided in this

ICRMP.

Area II encompasses RIA’s industrial core and is at the center of the island, organized along an orthogonal grid. Rodman Avenue (former Main Avenue) is the central thoroughfare serving as

June 2019 1-7 the primary axis and contains vast stone shops and ancillary buildings. These are unified by their use of materials and Greek Revival motifs.

Area III, the principal residential zone, is situated to the north and east of the industrial core and along the north shore of the island. The senior officers’ quarters are situated along an organic street pattern that follows the island’s natural contours. Area III is separated from the industrial area by a golf course, which was originally an artificial lake. Although, the original quarters were constructed of limestone, like the shops, they were designed in a less formal style, the

Italianate. Residences dating to the early twentieth century are designed in the Queen Anne and

Neoclassical Revival styles and are constructed of wood and brick.

Area IV is a narrow span incorporating the Stone Bridge (Building 57) and the area that formally contained the now demolished reservoir (Building 53), which serves as connectors between the residential and industrial areas.

Area V follows the eastern arm of Rodman Avenue and incorporates various green spaces, a

Memorial Park, the Confederate Cemetery, the National Cemetery, the Golf Club, contemporary multifamily military housing, and testing facilities. The cemeteries are operated by the

Department of Veterans’ Affairs and are outside RIA jurisdiction and not within the management guidance provided in this ICRMP.

June 2019 2-1

2.0 LEGISLATIVE AND REGULATORY REQUIREMENTS

This chapter summarizes the federal statutes, regulations, Executive Orders (EOs), and memoranda applicable to the management of historic properties and the operation of RIA’s cultural resources program. This chapter is organized as follows: Section 2.1 summarizes each of the federal laws that pertain to cultural resources. Section 2.2 outlines the implementing regulations and guidelines. Section 2.3 summarizes EOs and Presidential Memoranda. U.S.

Army regulations, protocols, and guidelines are presented in Section 2.4, and guidance specific to the RIA is addressed in Sections 2.5 and 2.6. Additional discussions of legislation are contained within the various sections of the document that address procedures for complying with legislative acts and regulations.

Federal legislation and regulations apply to the management of cultural resources on federal reservations, including military installations like the RIA. Federal and Army regulations also apply to tenants (i.e., other federal agencies, contractors, lessees) situated on real property under the Army’s jurisdiction.

2.1 FEDERAL LEGISLATION

2.1.1 National Environmental Policy Act of 1969, as amended

The National Environmental Policy Act (NEPA) requires decision makers to consider the environmental effects of their proposed programs, projects, and actions prior to initiation.

Impact assessments under the NEPA must consider effects on all types of cultural resources as well as any effects on Native American groups, or other ethnic and social communities to whom cultural resources may be important.

The NEPA is implemented by Title 40 of the Code of Federal Regulations (40 CFR) Parts 1500 through 1508.

2.1.2 National Historic Preservation Act, Public Law 113-287, 54 USC 300101 et seq

June 2019 2-2

The NHPA of 1966, recodified in 2014, is the primary federal statute that addresses the management of cultural resources. It establishes federal policy on historic preservation and provides the framework by which the nation’s historic preservation program has been developed.

Provisions of the NHPA most applicable to the Army’s historic preservation program include the:

National Register of Historic Places. The National Register of Historic Places (National

Register) is the nation’s inventory of historic properties of value on a state, local, or national level. It also serves as the national repository of documentation on the variety of historic property types.

State Historic Preservation Officers. The NHPA provides for a SHPO appointed by the governor to oversee a state’s historic preservation program and integrate it into the national program.

Advisory Council on Historic Preservation. The Council was created to review federal actions concerning historic properties and to advise the President and Congress on historic preservation issues.

Regulations, standards, and guidelines. This guidance is to be consulted by the Council and the Department of the Interior with respect to issues, regulations, standards, and guidelines related to provisions of the NHPA.

As defined under the NHPA (Chapter 3003), a historic property includes any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the

National Register, including artifacts, records, and material remains related to such a property or resource.

The primary responsibilities of federal agencies under the NHPA are contained in the following sections of the NHPA:

June 2019 2-3

Section 306108 (“Section 106”) requires that, prior to conducting activities classified as undertakings, federal agencies:

Take into account the effects of undertakings on historic properties

Allow the Council an opportunity to comment on undertakings that could affect historic properties.

The implementing regulation for Section 106 is 36 CFR Part 800 (Appendix D). Section 106 guidance was revised by the Council in 1999 and published in Federal Register (FR)

(64 FR 27071) on May 18, 1999. The new guidance became effective on June 17, 1999.

Chapter 3061 (“Section 110”) affects all activities concerning historic properties under federal jurisdiction. It requires federal agencies to:

Assume responsibility for, and undertake preservation of, historic properties under their jurisdiction

Ensure that historic properties are adequately documented prior to engaging in alteration

Designate historic preservation officers

Consider the preservation of historical and cultural values in the management of historic properties

Exercise a high standard of care in the management of National Historic Landmarks

(NHLs)

Expend funds to carry out historic preservation responsibilities and, if appropriate, pass costs on to federal license and permit applicants

Develop programs to identify, evaluate, and nominate historic properties to the National

Register.

Section 110 guidelines were published in the Federal Register on February 17, 1988 (53 FR

4727-46).

June 2019 2-4

Sections 306121-306122 (“Section 111”) address the lease or exchange of historic properties, including stipulations for agreements to manage those properties. Federal agencies are directed to:

Establish and implement alternatives for historic properties not needed by the agency for current or projected uses. This includes adaptive use.

Lease historic properties, as necessary, if the lease will adequately ensure the preservation of the historic property.

If desired, contract the management of historic properties following consultation with the

Council to ensure adequate preservation of the properties.

2.1.3 Historic Sites Act of 1935

This Act establishes as national policy the preservation for public use of historic resources by giving the Secretary of the Interior the power to undertake historic surveys and to document, evaluate, acquire, and preserve archaeological and historic sites across the country. This Act led to the eventual establishment within the National Park Service (NPS) of the Historic American

Buildings Survey/Historic American Engineering Record (HABS/HAER) division, as well as the

NHL Program and the National Natural Landmarks Program.

2.1.4 Archaeological and Historic Preservation Act of 1974

The Archaeological and Historic Preservation Act (AHPA) of 1974 provides for survey, recovery, preservation, and protection of scientific, prehistoric, historic, or archaeological data that may be irreparably lost as a result of any federal construction project or federally licensed project, activity, or program. The AHPA has been interpreted as providing protection for paleontological resources, which are included within the category of scientific data.

June 2019 2-5

2.1.5 Archaeological Resources Protection Act of 1979, Public Law 96-95, 16 USC 470aa- 470mm, as amended

Provisions of the Archaeological Resources Protection Act (ARPA) that are applicable to federal or Native American lands set forth requirements beyond those of the NHPA. These include:

Establishing standards for permissible excavation, as validated through a permit process, and prohibiting unauthorized excavation by:

Prescribing civil and criminal penalties for violations of the ARPA

Requiring federal agencies to identify archaeological sites

Encouraging cooperation between federal agencies and private individuals.

The ARPA defines archaeological resources as:

...any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter.

Such regulations containing such determinations shall include, but not be limited to:

pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.

2.1.6 Native American Graves Protection and Repatriation Act, Public Law 101-601, 25 USC 3001-3013 (1990)

NAGPRA requires consultation with appropriate Native groups (e.g., Native Americans, Alaska

Natives, and Native Hawaiians) prior to excavation (either intentionally or through inadvertent discovery) of specified cultural items, comprising:

Human Remains

Associated funerary objects. Objects that, as part of the death rite or ceremony of culture, are reasonably believed to have been placed with individual human remains, where both the human

June 2019 2-6 remains and associated funerary objects are in the possession or under the control of a federal agency or museum.

Unassociated funerary objects. The same as associated funerary objects, except that the human remains are not in the possession or control of the federal agency or museum, and the objects can be identified by a preponderance of evidence.

Sacred objects. Specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents.

Items of cultural patrimony. Objects having ongoing historical, traditional, or cultural importance central to the Native American group itself.

In addition to consultation, the NAGPRA specifically requires federal agencies to inventory and repatriate Native American cultural items in their possession.

2.1.7 American Indian Religious Freedom Act of 1978, Public Law 95-341, 42 USC 1996

The American Indian Religious Freedom Act (AIRFA) establishes the rights of Native

Americans to have access to sacred sites or sites of religious importance. The AIRFA defines a religious site as any place or area including, but not limited to, any geophysical or geographical area or feature:

Sacred to Native American religion

Where Native American practitioners are required by their religion to gather, harvest, or maintain natural substances or natural products for use during ceremonies, rituals, or for spiritual purposes and/or, Which is utilized by Native American religious practitioners for ceremonies, rituals, or other spiritual practices.

A religious site may or may not contain physical remains, objects, or other elements that could identify it as an archaeological site. The AIRFA defines objects as specific items of use for

June 2019 2-7 religious practices that have spiritual or ritualistic importance. They may include sacred objects, non-sacred objects, and objects of cultural patrimony.

The AIRFA has no affirmative position on Native American consultation; however, the intent of the AIRFA (i.e., the identification of religious or sacred sites so that access can be allowed) can be met only through the consultation process.

2.1.8 Americans with Disabilities Act of 1990, 42 USC 12101

The Americans with Disabilities Act (ADA) of 1990 provides a national mandate prohibiting discrimination against disabled individuals. It defines a disabled individual as any individual having a physical or mental impairment that limits his or her life activities. Further, it establishes standards addressing discrimination toward disabled individuals and ensures that the federal government plays a central role in enforcing these standards. In addition to providing access to facilities, this legislation addresses the accessibility of interpretive media, including the closed-captioning of all video and films and exhibits, as well as specially designed brochures for the visually impaired. This law is relative to cultural resources management because of its applicability to the preservation and protection of historic buildings and their character-defining features.

2.1.8.1 Section 504 of the Rehabilitation Act of 1973, 29 USC 70; and implementing regulations of the Department of Health, Education, and Welfare, 45 CFR Parts 84-85

Federal agencies are required to publish regulations to ensure that federally assisted programs are accessible to all handicapped persons. In addition, pursuant to 36 CFR Part 800.4(c), modifications required by these regulations must have no adverse effect on properties deemed eligible for or previously listed in the National Register. As a result, historic properties shall be equipped with programs accessible to and usable by handicapped persons.

June 2019 2-8

2.1.8.2 Architectural Barriers Act of 1968, Public Law 90-480

This legislation establishes standards for physical access. Any newly constructed facilities must be designed to allow accessibility by visitors and/or staff with disabilities. Projects involving historic structures that require modification must be undertaken with the participation of a historic architect in compliance with other federal regulations, such as the NHPA. Alternative methods of accessibility must also be considered.

2.2 FEDERAL REGULATIONS AND GUIDELINES

2.2.1 Protection of Historic Properties, 36 CFR Part 800

The implementing guidance for Section 106 of the NHPA is provided in 36 CFR Part 800, Protection of Historic and Cultural Properties. The regulation defines the process by which conflicts between historic preservation goals and proposed activities are identified and establishes the steps for resolution of conflicts through consultation. In addition to detailed procedures regarding the Section 106 process, the regulation provides identification of the various participants in the process, both consulting parties and interested persons.

Revisions to 36 CFR Part 800 were published in the Federal Register on August 5, 2004.

The intent of the Council was to streamline the Section 106 regulatory process while incorporating statutory changes mandated by the 1992 amendments to NHPA. In summary, these changes include:

Provide greater authority to a federal agency for the resolution of conflict directly with the SHPO, without Council involvement.

Provide more focused Council involvement. The Council may enter the Section 106 process when an undertaking: (1) has substantial impacts on important historic properties; (2) presents important questions of policy or interpretation; (3) has the potential for presenting procedural problems; or (4) presents issues of concern to Indian tribes or Native Hawaiian organizations.

June 2019 2-9

Redefine the roles of participants in the Section 106 process. The federal agency’s primary responsibility for Section 106 decisions is emphasized, the advisory roles of the

Council and the State Historic Preservation Officer/Tribal Historic Preservation Officer

(SHPO/THPO) are clarified, and other participants’ roles are more clearly defined, particularly Indian tribes, local governments, and applicants, who may participate as

“consulting parties.”

Emphasize the importance of early initiation of Section 106.

Encourage the integration of the Section 106 review with reviews required under the

NEPA and related laws.

Authorize agencies to use the preparation of Environmental Impact Statements (EISs) and Environmental Assessments (EAs) under the NEPA to meet Section 106 needs in lieu of following the specified Council process.

Encourage federal agencies to develop alternate procedures for compliance with the

NHPA.

Simplify and clarify opportunities for public involvement in the Section 106 process.

Allow more flexibility in designing the identification process.

Remove “finding of effect” as a separate step, which will minimize the number of consultation episodes required.

Improve the process by which adverse effect is determined, including changing the former” exceptions” to standard treatments.

Eliminate the need for Council participation in several instances of consultation between the SHPO and the federal agency.

Require Council comments to be considered by the head of the federal agency receiving them, as required by Section 110(l) of the NHPA.

Allow anyone at any time to seek the Council’s opinion on agency findings and decisions under Section 106. There is no obligation to delay agency action while the Council conducts this review.

June 2019 2-10

Revise emergency and post-review discovery situations, placing greater emphasis on planning for unanticipated events, and allowing for flexible responses.

Shift the emphasis of Council review from individual cases to assessments of the overall quality of a federal agency’s or SHPO/THPO’s performance in the Section 106 process.

Also, provisions are made for closer Council review of cases where a participant has been found to have shortcomings in complying with Section 106.

2.2.2 National Register of Historic Places, 36 CFR Part 60

The process by which properties are added to, or removed from, the National Register is provided in 36 CFR Part 60, National Register of Historic Places. Of critical importance to the

Army’s cultural resources program is Part 60.4, which provides the National Register criteria for evaluation. These criteria state that the quality of significance is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and

(a) that are associated with events that have made a significant contribution to the broad patterns of our history; or

(b) that are associated with the lives of persons significant in our past; or

(c) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(d) that has yielded, or may be likely to yield, information important in prehistory or history.

2.2.3 Procedures for Approved State, Tribal, and Local Government Historic Preservation Programs, 36 CFR Part 61

As required by the NHPA, the Secretary of the Interior promulgated Regulation 36 CFR Part 61:

Procedures for Approved State, Tribal, and Local Government Historic Preservation Programs

(Appendix E), to establish a process whereby state and local programs are ratified. Of importance to this discussion of the Army’s regulatory requirements is 36 CFR Part 61, June 2019 2-11

Professional Qualification Standards, as amended by regulations published on June 20, 1997, in

Volume 62, Number 119 of the Federal Register (62 FR 119). These standards define the minimum education and experience required to perform the historic preservation activities addressed within the Secretary of the Interior’s Standards and Guidelines. The categories of activities include: prehistoric archaeology, historic archaeology, architectural history, conservation, cultural anthropology, curation, engineering, folklore, historic architecture, historic landscape architecture, historic preservation planning, historic preservation, and history.

2.2.4 The Section 110 Guidelines: Annotated Guidelines for Federal Agency Responsibilities under Section 110 of the National Historic Preservation Act

These guidelines were developed by the Secretary of the Interior and the Council to assist federal agencies in establishing, monitoring, reviewing, and evaluating their programs for compliance with Section 110 of the NHPA. The overall purpose of the guidelines is to ensure the integration of historic preservation responsibilities into a federal agency’s plans and programs. Step-by-step guidance is provided for implementation of each subsection of Section 110. Of greatest importance to this ICRMP are the following guidelines (followed by reference to the pertinent subsection):

Examples of various effective uses of historic properties (a)(1)

Considerations for the management of historic properties, including, but not limited to, level and area of significance, kinds of value, integrity, condition, costs to maintain, and existing use or potential reuse (a)(1)

Establishment of a program to locate, inventory, and nominate all properties that appear to qualify for inclusion in the National Register (a)(2)

Avoidance of damage to historic properties through deterioration, demolition, alteration, transfer, or related actions (a)(2)

Appropriate documentation of historic properties subject to alteration or demolition, and proper distribution of that documentation (b)

Designation of a federal preservation officer, including recommended qualifications (c)

June 2019 2-12

Recommendations for the procurement of funds to accomplish historic preservation activities (g).

2.2.5 Archaeology and Historic Preservation: Secretary of the Interior’s Standards and Guidelines, 48 FR 44716-39 (September 29, 1983)

These Standards and Guidelines provide technical advice for the accomplishment of archaeological and historic preservation activities and methods. They are not regulatory, nor are they meant to establish agency policy. Each section is organized into three parts: standards, guidelines, and technical sources. Information is published on the following topics:

Preservation Planning This section describes the relationship between the key elements of preservation activities—identification, evaluation, registration, and treatment of historic properties. One of the most detailed discussions within this section regards the development of historic contexts.

Identification These standards and guidelines are designed to assist in the gathering of information on historic properties. Specific procedures are provided for developing a research design, conducting archival research, performing the field survey, and reporting results of these efforts.

Evaluation This section provides guidance on determining whether resources identified meet the criteria of significance. The process under which the criteria are applied and the preparation of an inventory of historic properties is discussed.

Registration The standards and guidelines for registration provide procedures for and purpose of registration programs. The types of documentation that should be included as part of the process is also discussed.

Historical Documentation This is the first of three sets of documentation standards. In general, documentation encompasses a wide variety of treatment options designed to preserve or protect properties or to document their historic values and information. Historical documentation provides information related to the significance of a given property to many historic preservation

June 2019 2-13 specialists (e.g., historians, architects, archaeologists). It can be used early in the planning process to assist with identification and evaluation activities, or as part of a complete treatment plan to be applied to significant properties. Critical to effective historical documentation is the development of a sound research design with specific objectives and carefully selected research methods.

Architectural and Engineering Documentation These standards and guidelines address the documentation of historic buildings, sites, structures, and objects. This generally includes measured drawings, photographs, and textual information. Within the guidelines are specific procedures for the development of HABS/HAER documentation.

Archaeological Documentation Like the previously discussed standards for documentation, archaeological documentation can be appropriate at any time during the historic preservation process. Activities can include archival research, observation, and recording of both above-ground and below-ground resources. Objectives and methods must be carefully defined and are most often contained within a research design. Curation of materials and records recovered during the project and the reporting of results of the investigation complete the archaeological documentation process.

Historic Preservation Projects Eight general standards, and associated specific standards, are provided for the treatment of historic properties. Topics discussed include acquisition, protection, stabilization, preservation, rehabilitation, restoration, and reconstruction. The guidelines provide extremely detailed procedures for the effective implementation of the previously listed treatment options.

Professional Qualification Standards These qualifications were originally published as

Appendix A to 36 CFR Part 61 but have been revised and re-published on June 20, 1997, at 62

FR 119, (Appendix F). These standards define the minimum education and experience required to perform the historic preservation activities addressed within the Secretary of the Interior’s

Standards and Guidelines.

June 2019 2-14

Protection of Archaeological Resources, 43 CFR Part 7

Protection of Archaeological Resources provides regulations implementing the ARPA. Identical versions of Subpart A, Uniform Regulations, were issued as 32 CFR Part 229, for the

Department of Defense (DOD). Among the procedures provided are those that relate to:

Permit requirements, exceptions, and application process

Custody of archaeological resources removed from federal lands

Assessment of damages and civil penalties for ARPA violations

Confidentiality of information regarding the location and nature of archaeological resources.

2.2.6 Department of the Interior, Curation of Federally Owned and Administered Archaeological Collections, 36 CFR Part 79

This regulation requires that staff and consultants responsible for the curation, management, and preservation of archaeological collections be qualified museum professionals.