Atch 11- USAF Integrated Cultural Resources Mgmt Plan.pdf

U. S. AIR FORCE

INTEGRATED CULTURAL RESOURCES MANAGEMENT PLAN

Nellis, Creech, and NTTR

13-Nov-17

ABOUT THIS PLAN

This installation-specific Environmental Management Plan (EMP) is based on the U.S. Air Force’s (AF) standardized Integrated Cultural Resources Management Plan (ICRMP) template. This plan is not an exhaustive inventory of all cultural resource requirements and practices. Where applicable, external resources, including Air Force Instructions (AFIs); AF Playbooks; federal, state, local and Final Governing Standards (FGS); and permit requirements, as applicable, are referenced.

Certain sections of this ICRMP begin with standardized, AF-wide “common text” language that addresses AF and Department of Defense (DoD) policy and federal requirements. This common text language is restricted from editing to ensure that it remains standard throughout all plans. The common text language is maintained and updated by the designated Office of Primary Responsibility (OPR) with assistance from the Office of Collateral Responsibility (OCR), as appropriate. Immediately following the AF-wide common text sections, are Installation sections. The Installation sections contain installation-specific content to address state, local and installation-specific requirements. Installation sections are unrestricted and are maintained and updated by AF environmental Installation Support Teams (ISTs) and/or installation personnel.

This document is optimized to be accessed and viewed electronically. The eDASH website at https://cs1.eis.af.mil/sites/edash/ is the primary communication tool for AF EMPs.

https://cs1.eis.af.mil/sites/edash/

TABLE OF CONTENTS

ABOUT THIS PLAN

DOCUMENT CONTROL

1.0 OVERVIEW AND SCOPE

1.1 Executive Summary

1.1.1 Summary of Major Points

1.1.2 Outline of Cultural Resources Management Goals and Objectives

1.1.3 Outline of Current and Priority CRM Requirements (5 Year Plan)

1.2 General Information

1.2.1 Mission Statement

1.2.2 Historical Perspective

1.2.3 Legal Requirements

Antiquities Act of 1906 as amended: PL 59-209; 34 Statute 225; 16 USC 431-433

Historic Sites Act of 1935: PL 74-292, 16 USC 461-467

National Historic Preservation Act (NHPA) of 1966/PL 89-665, as amended in 1980 (PL 96- 515)40 and in 1992 (PL 102-575): 16 USC 470-470x and 80 Stat. 915istoric Sites Act of 1935:

PL 74-292, 16 USC 461-467

National Environmental Policy Act (NEPA) of 1969, as amended (PL 91-190; 42 USC 4321- . 28

Archeological and Historic Preservation Act (AHPA) as amended (PL 93-291; 88 Stat. 174; 16

USC 469)

Federal Land Management and Policy Act of 1976

Public Buildings Cooperative Act of 1976 (PL 94-541, 40 USC 601a)

American Indian Religious Freedom Act (AIRFA) of 1978 as amended (PL 95-431; 92 Stat.

469; 42 USC 1996, 1996a)

Archaeological Resources Protection Act (ARPA) of 1979 as amended (PL 96-95; 93 Stat. 721;

16 USC 47Oaa et seq.)

Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, as amended ... 30

Religious Freedom Restoration Act of 1993: PL 103-141

Omnibus Public Lands Act of 2009, Paleontological Resources Preservation (OPLA-PRP) P.L.

111-11, Title VI, Subtitle D, Sections 6301-6312, 123 Stat. 1172, 16 U.S.C. 470aaa

National Register of Historic Places (NRHP; 36 CFR 60)

National Historic Landmarks Program (36 CFR 65)

Curation of Federally-Owned and Administered Archeological Collections (36 CFR 79)

Protection of Historic Properties (36 CFR 800)

Preservation of American Antiquities (43 CFR 3)

Protection of Archaeological Resources (43 CFR 7)

Native American Graves Protection and Repatriation Act: Final Rule (NAGPRA; 43 CFR 10)

Property and Resources (43 CFR 8365)

Protection and Enhancement of the Cultural Environment (1971), Executive Order 11593

Indian Sacred Sites (1996), Executive Order 13007

Consultation and Coordination with Indian Tribal Governments (2000), Executive Order 13175

Preserve America (2003), Executive Order 13287

2.0 INSTALLATION PROFILE

3.0 ENVIRONMENTAL MANAGEMENT SYSTEM

4.0 GENERAL ROLES AND RESPONSIBILITIES

5.0 TRAINING

6.0 RECORDKEEPING AND REPORTING

7.0 STANDARD OPERATING PROCEDURES

7.1 Communication, Planning, and EIAP

7.2 Section 106 Process

7.3 Cultural Resources Contracting

7.4 Cultural Discoveries

7.5 Native American Access

7.6 Accidents and Emergencies Affecting Historic Properties

7.7 Suspected Vandalism

7.8 Mission Conflicts and Solutions

7.9 Curation of Collections and Records

7.10 Management and Coordination

7.11 Historic Buildings and Structures

8.0 CULTURAL RESOURCES INVENTORY

8.1 Physical Setting

8.1.1 General Location

8.1.2 Topography

8.1.3 Climate

8.1.4 Geology

8.1.5 Soils

8.1.6 Hydrology

8.1.7 Vegetation

8.2 Prehistory and History

8.2.1 Prehistoric Context NAFB

8.2.2 Prehistoric Context NTTR and CAFB

8.2.3 Ethnological Studies NAFB, NTTR, and CAFB

8.2.4 Historic Context NAFB

8.2.5 Historic Context NTTR

8.2.6 Historic Context CAFB

8.2.7 Research Questions and Themes

8.3 Resource Inventories

8.3.1 Archaeological Resources

8.4 Installation Areas of Concern

8.4.1 Support the Mission, Maintain Compliance

8.4.2 Support the Native American Program

8.4.3 Outreach

8.4.4 Historic Facility Inventory and Management

8.5 Other Cultural Resources

9.0 GOALS AND OBJECTIVES

10.0 PROGRAMMING AND PLANNING

11.0 REFERENCES

11.1 Standard References (Applicable to all AF Installations)

11.2 Installation References

12.0 ACRONYMS

12.1 Standard Acronyms (Applicable to all AF Installations)

12.2 Installation Acronyms

13.0 DEFINITIONS

13.1 Standard Definitions (Applicable to all AF Installations)

13.2 Installation Definitions

14.0 INSTALLATION-SPECIFIC CONTENT

APPENDICES

Appendix A. Cultural Resources Inventory Tables Appendix B. Section 106 Memoranda of Agreement Appendix C. Section 106 Programmatic Agreements Appendix D. Tribal Agreements Appendix E. Wing Instructions or Policy Documents Appendix F. Archaeological Survey and Site Forms Appendix G. Historic Property Survey and Site Forms Appendix H. Historic Building Maintenance Plans Appendix I. Privatized Housing Documents Appendix J. ARPA Permit Request Form Appendix K. Nevada Historic Preservation Plan Appendix L. NAFB Cultural Resource Report Format Appendix M. Installation Site Location Maps Appendix N. Use of NAFB, CAFB, and NTTR Archaeological Data and Information for Publications or Papers Delivered at Professional Archaeology Meetings

Appendix O. Agency and Tribal Directory Contact Information

DOCUMENT CONTROL

Record of Review – The ICRMP is updated as changes to cultural resource management and protection practices occur, including those driven by changes in applicable regulations. In accordance with (IAW) AFI 32-7065, Cultural Resources Management, the ICRMP is required to be updated every five years. Annual reviews and updates will be performed by the base Cultural Resources Manager (CRM), or a Regional or Installation Support Office Cultural Resource Specialist. ICRMP updates should consider the effects of base missions on cultural resources, as well as the maintenance and upkeep of those resources and compliance with National Historic Preservation Act (NHPA) Sections 106 and 110.

ICRMP Annual Review and Coordination

Requirements

Update Data Tables (minimum will include: resources, evaluations, locations, reference), including DEPARC/EMR Questionnaire.

Update Survey Locations Tables and Maps; ALWAYS include surveyed acreage.

Add new MOAs, PAs, NAGPRA CAs and Plans of Action that drive work requirements;

Summarize in Executive Summary and in Work Plan.

Add outline of new planning data, to include mission changes; construction; destruction;

development, etc. that will drive Section 106/EIAP.

Add Installation Tribal Relations Plan Annual Report.

Timing

1. Update Period is October of each year; DEPARC/EMR data should capture as much of the FY as possible each October.

2. Installation ICRMP Dashboard goes from Green to Yellow 1 OCT and returns to Green when update is complete, NLT 31 OCT.

3. ICRMP Dashboard goes Red 10 NOV each year until update completed.

4. ICRMP may (and should) be updated continuously through the year.

Validation

Validate Annual Update with Memo to BCE briefly outlining annual changes and additions Include BCE signed Memo in ICRMP.

Update is complete when CR Media Manager/Specialist sends Memo to BCE (ICRMP can go

Green at that time).

Archive

1. Archive previous ICRMP resources data for reference (keep last 5 years' ICRMP resources data and other chapters (optional) in archive).

Review Date Review Participants Notes/Remarks Result in Plan Update? (Yes or No)

2017 ICRMP reviewed September 2017

Nevada SHPO Numerous comments In Progress

1.0 OVERVIEW AND SCOPE

This ICRMP was developed to provide for effective management and protection of cultural resources. It summarizes the history and prehistory of the installation, and reviews past historical and archaeological survey efforts. It outlines and assigns responsibilities for the management of cultural resources, discusses related concerns, and provides standard operating procedures (SOPs) that will help to preserve the cultural resources of the installation within the context of the mission. The ICRMP is intended for use by all personnel involved in base planning. In lieu of federal, state or FGS requirements, AFI 32-7065, Cultural Resources Management, acts as the main driver for the ICRMP. The Cultural Resources Management Playbook serves as supplemental guidance to this plan.

1.1 Executive Summary

This ICRMP covers several areas associated with Nellis Air Force Base that are geographically situated in southern and central Nevada and collectively referred to in this document as the installation. This plan pertains to the management of cultural resources on lands controlled by Nellis Air Force Base (NAFB), Creech Air Force Base (CAFB), and the Nevada Test and Training Range (NTTR) and to all NAFB, CAFB, and NTTR activities. Primary installation lands include NAFB, CAFB, and the NTTR, shown in the Location of Nellis Air Force Base, Creech Air Force Base, and the Nevada Test and Training Range Maps below. The primary mission of NAFB concerns advanced training for combat aircrews; CAFB is the home of the Air Force’s Unmanned Aerial Vehicle (UAV) fleet; the NTTR is the world’s premiere training range complex for the use of realistic combat tactics, weapons systems and ordnance.

For more than a century, United States citizens have shown concern for the preservation and scientific investigation of cultural resources. By 1966, all proposed Federal actions required an inventory and a consultation process prior to implementation. Section 106 and Section 110 of the National Historic Preservation Act (NHPA) of 1966 requires that Federal entities take efforts to identify, evaluate, protect, and mitigate adverse effects to important cultural resources properties that might occur due to Federal actions. The law specifies funding for preservation offices in each state to establish, for each instruction, a process of independent review to ensure that efforts are adequate for each Federal action. The first Native American rights law was passed in 1978, with subsequent legislation in 1990.

The highest priority of the installation cultural resources management program is to support the NAFB, CAFB, and NTTR mission. Cultural resources management responsibilities are assigned according to AFI 32-7065. The installation commander must develop and use the ICRMP to manage cultural resources.

Inventories, project reviews, and general management actions are the principal actions in compliance. The program is committed to continued completion of the compliance process in a timely manner without impacting the military missions of by NAFB, CAFB, and NTTR.

In 1998, the inaugural NAFB, CAFB, and NTTR Cultural Resources Management Plan prescribed an atypical philosophy that emphasized similar investments in Native American involvement, scientific study, and compliance for the largest training range in the Air Force. Its five-year prioritization designated stratified random sampling to collect sufficient data to first reduce compliance inventories in zones with fewer archaeological resources but higher numbers of mission-related projects, such as targets. Its first objective was to identify historic properties for preservation and study that are not located in activity zones.

This resulted in several of the largest inventories in the Great Basin region, scientific studies with an academic basis, an expansive Native American program, and creation of innovative models to increase compliance and mission efficiency.

http://static.e-publishing.af.mil/production/1/af_a4/publication/afi32-7065/afi32-7065.pdf http://static.e-publishing.af.mil/production/1/af_a4/publication/afi32-7065/afi32-7065.pdf https://cs1.eis.af.mil/sites/ceportal/CEPlaybooks/CR/Pages/default.aspx

An ICRMP was prepared for the Nellis Installation in 2012. The document received numerous comments from SHPO and was not further updated in the intervening years. This revision of the Nellis ICRMP represents an updated format that is consistent across Air Force Installation Support Teams (ISTs).

The Nevada Test and Training Range manages maintenance and target construction. Research shows that the highest density of cultural resources sites is located in mountains and on alluvial fans, places not generally projected for Federal actions. Targets and mission-related features are primarily in zones with fewer resources. The discovery of artifacts, features, structures, or human remains during mission activities must be reported to the CRM immediately at (702) 652-5813 or the 99 CES/CEA Flight Chief at (702) 652- 8084.

To date, a total of 210,817 acres have been inventoried. In 2001, NAFB completed inventory of 22,341 acres of its 24,786 acres in Las Vegas Valley. From 1997 to 2004, 91,660 acres were inventoried on the Nevada Test and Training Range which, when combined with pre-1997 inventories, equals 167,882 acres, or 5.7 percent of the Nevada Test and Training Range land. From 1997 to 2004, a total of 2,579 resources were recorded, with a combined total of 4,607 resources on the Nevada Test and Training Range. No treatment efforts have occurred. In the period between 1997 and 2004, NAFB funded several major sampling inventories, ethnographic studies, and scientific method- based, original, and regional research projects. Public outreach emerged with the creation of annual archaeology themes calendars and posters, beginning in 2001. Between 2012 and 2015, a total of 14 historic built-environment and Class III cultural resources studies have been performed, increasing the total surveyed acreage to 210,817 and the total number of installation sites to 4,970.

The philosophy to invest in Native American involvement commensurate with efforts for compliance has been successful and is further developed in this plan. To increase Native American participation, a committee was created to develop the concept of tribal and Asset Management Flight co-management.

Compliance efficiency is projected to increase through continued use of the Target Disturbance Zone (TDZ) model, which uses alternate methods, such as aerial photo examination, to reduce inventory in expanding target zones. Sampling objectives include characterizing the cultural nature of selected zones for compliance and preservation planning that address Section 110 of the NHPA to locate and protect historic properties.

1.1.1 Summary of Major Points

The installation has responsibilities to document and protect cultural resources under Section 106 and Section 110 of the NHPA. This ICRMP is presented in an updated format but builds on previous (1998 and 2012) efforts.

1.1.2 Outline of Cultural Resources Management Goals and Objectives

This plan’s goal is to meet the needs of the NAFB, CAFB, and NTTR missions while addressing legal requirements, incorporating Native American interests, and conducting archaeological and ethnographic research in a professional, ethical, and scientific manner. Implementation of a programmatic agreement with the Nevada State Historic Preservation Officer (SHPO) would increase efficiencies in these efforts.

NAFB CRM will encourage opportunities for increased co-stewardship of cultural resources by Native Americans, and continue its public outreach efforts through venues such as working with the Nevada SHPO on meeting historic preservation goals, base and range visits, calendars, posters, and interpretive documents and videos.

Cultural Resources Goals and Objectives

NOTE: Refer to the Cultural Resources Environmental Action Plan (EAP) when setting goals. Where possible, integrate installation objectives and supporting tasks into the EAP tool, rather than documenting in the ICRMP

Goal: add goal Objectives:

Develop template driven reporting to streamline the review process. A template-driven report would reduce costs, streamline report review and outline clear objectives for potential contractors.

Goal: add goal Objectives:

Develop a more regional historic and prehistoric context across Nellis, Creech and NTTR. The area covered is large and there are regional differences across the base, a more precise historical context would address this issue and help the CRM develop more accurate reporting

Goal: add goal Objectives:

Address the number of unevaluated archaeological sites. Sites on NAFB, CAFB and NTTR that have been evaluated (eligible/not eligible for listing in the National Register for Historic Places (NRHP) is far outnumbered by the sites that have not been evaluated. NRHP evaluations are critical to the successful management of cultural resources.

1.1.3 Outline of Current and Priority CRM Requirements (5 Year Plan)

The cultural resources management program supports the mission by timely and accurate forecasting of priority compliance risks over the Future Years Defense Program+2 (FYDP+2), which for this ICRMP is the period FY11 through FY17. However, under new Asset Management guidelines, this should be projected to a full 10-year cycle when feasible. As the ICRMP goes through internal annual updates, the ten-year cycle will be revised as appropriate. Objectives for this period are described below, in approximate order of priority, along with the relevant funding requirements, if any.

Programming and Planning Work Plan

FY Project Title and Description Timeline Status 2016 2016 Nellis, NTTR and Creech ICRMP Update 2016 to Jan

In Progress

2017 1000 acres cultural resources inventory 2017 Scheduled, awaiting funding

2017 2017 Historic buildings inventory 2017 In Progress 2017 2017 Nellis, NTTR and Creech ICRMP Update 2016 to Jan

Scheduled

2018 1000 acres cultural resources inventory 2018 Scheduled, awaiting funding

2018 2017 Historic buildings inventory 2018 Scheduled, awaiting funding

2018 2018 Nellis, NTTR and Creech ICRMP Update 2016 to Jan

Scheduled

2019 1000 acres cultural resources inventory 2019 Scheduled, awaiting funding https://cs1.eis.af.mil/sites/edash/WebPartPagesEAP/ViewEAP.aspx?EAPID=58

FY Project Title and Description Timeline Status 2019 2017 Historic buildings inventory 2019 Scheduled, awaiting funding 2019 2019 Nellis, NTTR and Creech ICRMP Update 2016 to Jan

Scheduled

2020 1000 acres cultural resources inventory 2020 Scheduled, awaiting funding

2020 2017 Historic buildings inventory 2020 Scheduled, awaiting funding

2020 2020 Nellis, NTTR and Creech ICRMP Update 2016 to Jan

Scheduled

1.2 General Information

1.2.1 Mission Statement

This plan pertains to the management of cultural resources on lands controlled by NAFB, CAFB, and the NTTR, and to all activities there. Primary installation lands include Nellis Air Force Base (NAFB), Creech Air Force Base (CAFB), and the Nevada Test and Training Range (NTTR), shown in the Location Maps below. The primary mission of NAFB concerns advanced training for combat aircrews; CAFB is the home of the Air Force’s UAV fleet; and the NTTR is the world’s premiere training range complex for the use of realistic combat tactics, weapons systems and ordnance.

A key component of the NAFB mission is to train professionals for the combat Air Forces, operational testing, and tactics development. This training includes composite strike forces from all aircraft types in the Air Force inventory. Training includes schools at NAFB and on and over the NTTR, a landscape which includes seven mountain ranges and valleys from 4,000 to 9,000 feet elevation. The north portion of the NTTR, consisting of ranges numbered in the 70-series and electronic combat ranges, is referred to as the North NTTR. The portion of the NTTR with 60-series ranges is the South NTTR. The NTTR landscape contributes to the realistic combat conditions necessary for military testing and aircrew training on the use of new concepts, equipment, and technology.

Base Organizations

Each Air Force division at NAFB is directed by specific mission statements and goals.

United States Air Force Warfare Center (USAFWC). Manages advanced weapons and tactics training and is also responsible for operational test, evaluation, and tactics development for Air Force combat weapons systems.

57th Wing (57 WG). Provides advanced aerospace training to worldwide combat air forces and showcases aerospace power to the world.

Nevada Test and Training Range. Formulates concepts and advocates requirements to support advanced air combat composite force training, tactics development, electronic combat, and Department of Defense and Department of Energy testing, research, and development. The Nevada Test and Training Range is the Range Operating Agency tasked to operate and maintain the NTTR.

It is also responsible for authorizing field activities, which includes visitations by Native Americans, and to ensure safety and security protocol.

99th Air Base Wing (99 ABW). The Commander, 99th Air Base Wing has Installation Command Authority (ICA) for NAFB, CAFB and the NTTR and overall responsibility for implementation of the ICRMP. The 99 ABW provides communications, engineering, environmental, security, law enforcement, logistics, supply, contracting, transportation, medical, services, and mission support for over 10,000 assigned personnel; the greater Nellis community of over 10,000 military, dependents, retirees, and civilians; and 489,000 TDY personnel demand annually. It provides support to construct target sites, communication facilities, buildings, and borrow pits, and maintaining road systems.

MAP 1: Locations of NAFB, CAFB, and the NTTR

MAP 2: NAFB Detail Map

MAP 3: NTTR Detail Map

MAP 4: CAFB Detail Map

Map 5: Land Status Adjacent to NAFB, CAFB and NTTR

1.2.2 Historical Perspective

In 1940, a U.S. Army official landed at Western Air Express (WAE) Airfield, the Las Vegas airport, to discuss the creation of a gunnery school on future NAFB land. Between 1940 and 1948, the Army operated a school for gunnery, parachute, and pilot training. The Air Force was created as a separate military department in 1947 and the Army post was renamed Nellis Air Force Base in 1950.

In January 1941, Las Vegas purchased the WAE Field with Federal funds and renamed it McCarran Field.

A new terminal was constructed and runways lengthened and paved. The U.S. Army, having chosen Las Vegas for a major new air base and training facility, leased the airfield from the city, agreeing to share it with commercial fliers. The Las Vegas Army Gunnery School was established in June 1941. On October 29, 1940, the Las Vegas Bombing and Gunnery Range, currently the NTTR, was established on 3,000,000 acres of land in southern Nevada, north of Las Vegas, for combat training. Its mission was to train machine gunners for B-17 Flying Fortress bombers. For air-to-air machine gun training, one-fifth of the course occurred at a new support post at Indian Springs, 50 miles northwest of NAFB (NAFB 1996; Wright 1993:16, 18).

Following the end of the war, in 1945 the Las Vegas Army Air Field ceased its mission and became a separation center and overseas replacement depot. Las Vegas businesses feared a major revenue loss at a closure of the facility, as it had employed 13,000 military and civilian personnel. Nevada’s U.S. Senator Patrick McCarran petitioned to re-open the base due to early stages of Cold War tension (Wright 1993:16, 18). Although the air field was temporarily inactivated in January 1947, it was a stand-by base for Williams Army Air Base, Arizona, and a sub-field to Mather Army Air Field, California. It was officially created September 17, 1947, as an Air Force military department separate from the Army. In March 1948, the facility became a sub-base to Mather Air Force Base. Cadet and officer pilots received advanced single engine flight training at Las Vegas Air Force Base (Wilman and Reinhardt 1997: 22–24).

In December 1948, the U.S. Air Force (USAF) Aircraft Gunnery School was activated at the Las Vegas Air Force Base and the commercial airline business was moved to the new McCarran Field in south Las Vegas Valley. In March 1949, the first fighter gunnery training class began. In May 1950, it was renamed Nellis Air Force Base in honor of First Lieutenant William H. Nellis of Searchlight, Nevada, who was killed on December 27, 1944, when his P-47 Thunderbolt was downed over Luxembourg (Wilman and Reinhardt 1997:24; Wright 1993:20). NAFB expanded through the final half of the twentieth century. Area II was commissioned in September 1954 as Lake Mead Base, a highly-secured weapons storage facility commanded by the U.S. Navy with a U.S. Marine Corps barracks. In 1969, the USAF assumed control of Area II and received final transfer in 1982. During World War II, Area III was used for aerial gunnery training. In 1953, Area III became an ammunition storage area and safety zone.

In 1950, Indian Springs Air Force Base was reactivated to provide support for the Atomic Energy Commission’s nuclear testing program. From 1951 to 1955, 45 experimental atomic devices were tested in the Frenchman Flat area of the Las Vegas Bombing and Gunnery Range. In 1957, the Nevada Test Site (NTS) began detonating atomic bombs in underground tunnels to mitigate nuclear fallout (Hulse [1965] 1972:280–283). In 1963, the base was returned to the Nellis Sub-Post status until the 1970s, when it became Indian Springs Air Force Auxiliary Field, with a primary mission to provide NTTR its support and maintenance. In 2005, the facility became Creech Air Force Base. The Nevada Test Site was renamed the Nevada National Security Site (NNSS) in 2010. See the NNSS official web site at http://nnss.gov/pages/about.html for details.

http://nnss.gov/pages/about.html

The 2000 Census notes the population of consolidated Las Vegas as 1.6 million, the 61st largest in the United States. In 1950, the base was 10 miles from the town. In 1985, NAFB retained a five-mile buffer from urban sprawl. By 1990, houses and businesses were within one mile. Since 1984, Las Vegas has been the fastest-growing city in the nation.

1.2.3 Legal Requirements

Cultural resource management must be performed in accordance with numerous federal, DoD and AF laws and requirements. Specific legal requirements are identified in applicable sections of this Plan, in the Cultural Resources Management Playbook, the Cultural Resources eDASH Home Page, the eDASH Air Force Legal Operations Agency (AFLOA) Legal and Regulatory References List and in referenced documents.

Installation Supplement – Legal Requirements

The following Federal Statutes, Regulations, Executive Orders, Instructions (Laws and Policies) regarding Cultural Resources guide the preparation of the ICRMP, the implementation of ICRMP, and the implementation of all under takings as it relates to cultural resources as taken with reference to ACHP.

Installation personnel comply with these laws and policies when carrying out any undertakings. Related and supporting laws and policies are listed in table below. The National Park Service (NPS) provides a link to cultural resources and policies http://www.nps.gov/history/laws.htm reference date. In this ICRMP, direct quotes from cultural resources laws and policies are italicized rather than presented inside quotation marks.

While the National Historic Preservation Act (NHPA) was previously codified at title 16 of the U.S. Code, effective December 19, 2014, it was moved to title 54. Please find the law codifying the NHPA in title 54 here. The regulations implementing Section 106 of the NHPA, at 36 CFR part 800, are not affected by this recodification, so it is permissible to continue referencing those regulations as you have before.

Federal Statutes, Regulations, Executive Orders and Instructions

Statute, Regulation, Executive Orders, and Instructions

Reference Number

Cooperative Agreements for Management of Cultural Resources

10 United States Code (USC) 2684

Antiquities Act of 1906 16 USC 431-433 Historic Sites Act 1935 16 USC 461-467 National Historic Preservation Act (NHPA) of 1966, as amended (includes sections 106 and 110)

Former: 16 USC. 470-470x New: 54 U.S.C. 300101 et seq.

54 U.S.C. 306108 54 U.S.C. 306107 54 U.S.C. 306113 54 U.S.C. 306114

Archaeological and Historic Preservation Act of 1974 16 USC 469-469cc Archaeological Resources Protection Act 1979, as amended (ARPA)

Former: 16 USC 470aa-mm New: 54 U.S.C. 306101(a) and 306102

Native American Graves Protection and Repatriation Act of 1990 (NAGPRA)

25 USC 3001-3013

National Environmental Policy Act (NEPA) of 1969 42 USC 4321 American Indian Religious Freedom Act of 1978

(AIRFA)

42 USC 1996 and 1996a https://cs1.eis.af.mil/sites/ceportal/CEPlaybooks/CR/Pages/default.aspx https://cs1.eis.af.mil/sites/edash/Web%20Part%20Pages%20%20Program%20Pages/Environmental/Cultural%20Resources.aspx https://cs1.eis.af.mil/sites/edash/Lists/AFLOA%20Legal%20and%20Other%20Requirements/AllItems.aspx?View=%7b5B4DE9A5-F96C-46E3-8540-00FA5C26D797%7d&FilterField1=Program%5Fx0020%5FArea&FilterValue1=Cultural%20Resources https://cs1.eis.af.mil/sites/edash/Lists/AFLOA%20Legal%20and%20Other%20Requirements/AllItems.aspx?View=%7b5B4DE9A5-F96C-46E3-8540-00FA5C26D797%7d&FilterField1=Program%5Fx0020%5FArea&FilterValue1=Cultural%20Resources http://www.nps.gov/history/laws.htm http://www.achp.gov/docs/hr-1068.pdf

Statute, Regulation, Executive Orders, and Instructions

Reference Number

Federal Records Act (FRA) of 1950 44 USC 3101 Public Buildings Cooperative Use Act Public Law (PL) 94-541, 40 USC 601a Federal Land Management and Policy Act PL 94-579 43 U.S.C 1701-30 USC 611 Religious Freedom Restoration Act of 993 PL 103-141 Omnibus Public Lands Act of 2009, Paleontological Resources Preservation (OPLA-PRP)

PL. 111-11, Titled VI, subtitled D, sections 6301-6312, 123 Stat, 1172, 16 U.S.C.

470aaa

Protection of Archeological Resources: Uniform Regulations, Department of Defense

32 CFR 229

Environmental Protection and Enhancement 32 CFR 650 National Register for Historic Places (NRHP) 36 CFR 60 Determinations of Eligibility for inclusion in NRHP 36 CFR 63 National Historic Landmarks Program 36 CFR 65 Recovery of Scientific, prehistoric, historic and archaeological data

36 CFR 66

The Secretary of Interior’s Standards for Rehabilitation 36 CFR 67 The Secretary of Interior’s Standards for Treatment of Properties

36 CFR 68

Waiver of Federal Agency Responsibilities, under Section 110 of the NHPA

36 CFR 78

Curation of Federally owned and administered Archaeological Collections

36 CFR 79

Protection of Historic Properties 36 CFR 800 Council on Environmental Quality Regulations Implementing the NEPA

40 CFR 1500-1508

Preservation of American Antiquities 43 CFR 3 Protection of Archeological Resources 43 CFR 7

NAGPRA 43 CFR 10

Property and Resources 43 CFR 7 Secretary of the Interior’s Professional Qualification Standards

48 Federal Register (FR) 22716, 43 CFR 3

Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation

48 FR 44716

Guidelines for Federal Agency Responsibilities, under section 110 of the NHPA

53 FR 4742

Secretary of Interior’s Proposed Preservation Professional Qualification Standards

62 FR 33707

Secretary of Interior’s Standards and Guidelines for Federal Agency Historic Preservation Program Pursuant to the NHPA

63 FR 20496

Protection and Enhancement of Cultural Environment Executive Order (EO) 11593 Indian Sacred Sites EO 13007 Consultation and Coordination with Indian Tribal Governments

EO 13084

Preserve America EO 13287 Federal Real Property Asset Management EO 13227 Real Property DODINST 4165.06

Statute, Regulation, Executive Orders, and Instructions

Reference Number

Real Property Management DODINST 4165.70 Department of Defense American Indian and Alaskan Native Policy

DODINST 4170.2

Environmental Planning and Analysis DODINST 4175.9 Cultural Resources Management DODINST 4175.16 Government to Government Relations with Native American Tribal Governments

Memorandum for the Heads of Executive Departments and Agencies of 29 April

Consultation and Coordination with Indian Tribal Governments (2000)

EO 13175

Cultural Resources Management Air Force Instruction (AFI) 32-7065 02 November 2009

Air Force Interactions with Federally Recognized Tribes AFI 90-2002 19 November 2014

AFI 32 -7065 Defines Cultural Resources as

Historic properties as defined by 36 CFR 800 (see below) Cultural items as defined in NAGPRA (see below) American Indian, Eskimo, Aleut, or Native Hawaiian sacred sites as defined in EO 13007 (see below) Archaeological resources as defined by 16 USC 470 aa-mm/ARPA Archaeological Artifact Collections and Associated Records as defined in 36 CFR 79, Curation of

Federally owned and Administered Archaeological Collections

A historic property is a prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, whether or not such eligibility has been formally determined (ACHP 2004; DoD 2008:27). This term includes artifacts, records, and remains that are related to and located within such properties as well as properties of traditional religious and cultural importance to an Indian Tribe or Native Hawaiian organization and that meet the National Register criteria (U.S. Congress 1966a). A traditional cultural property (TCP) is considered a historic property if it is eligible for the NHRP because it is associated with cultural practices and beliefs rooted in the history of a community. It is eligible if it is considered important to the maintenance of a community’s traditional beliefs and practices.

36 CFR 800 uses the Indian Tribe to represent any

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 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.

NAGPRA defines Indian Tribe as any tribe, band, nation or other organized group of community of Indians…recognized as eligible for the special programs and services provided by United States to Indians because of their status as Indians.

This ICRMP uses the term Indian Tribe in the manner intended by 36 CFR 800 and NAGPRA.

The term cultural resources also refer to cultural items such as human remains, associated funerary objects, unassociated funerary objects, sacred items and items of cultural patrimony as defined by NAGPRA (DoD 208; USC 1990). According DODINST 4716.15, cultural resources, include sacred sites, defined by EO 13007 as any specific, discrete, narrowly delineated location on federal land, that is identified by an Indian tribe or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as scared by virtue of its established religious significant to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site (Clinton 1996). The term cultural resources include archaeological resources defined in the Archaeological Resources Protection Act (ARPA) as any material remains of past human life for activities which are of archaeological interest, as determined under Uniform Regulations promulgated pursuant to this act. Such regulations containing such determinations shall include, but not limited to: Pottery, basketry, bottles, weapons, projectiles, tools, structures or portions of structures, pit houses, rock carvings, rock paintings, intaglios, graves, human skeletal materials or any portion or piece of any of the foregoing items. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 50 years old.

According to DODINST 4715.16, cultural resources include federally owned archaeological artifact collections and associated records, defined in 36 CFR 79 as material remains that are excavated or removed during a survey, excavation or other study of a prehistoric or historic resource and associated records that are prepared or assembled in connection with the survey, excavation or the other study.

STATUTES

Statutes are acts passed by legislatures that become law with or without the approval of the President.

Federal statutes may be public laws (PLs), private laws, or USCs (Library of Congress 2008). The statutes discussed in this section were passed by the U.S. Congress (1906, 1935, 1966a, 1966b, 1969, 1974, 1990). The primary statutes that drive DoD cultural resources policy and thus ICRMP guidelines are described below. Others are listed in Table 2.1 and in DoD 4715.16 (DoD 2008: E1-4). Public laws are codified by number, and USCs are codified by title number, the acronym USC, and part number (e.g. 16

USC 431-433).

Antiquities Act of 1906 as amended: PL 59-209; 34 Statute 225; 16 USC 431-433

The Antiquities Act (U.S. Congress 1906) was the first federal law to provide protection of historic and prehistoric resources located on federal land. This act prohibited destruction of antiquities on public land. It prohibited any excavation located on public land without permission of the appropriate Department Secretary. The term objects of antiquity has been interpreted to include paleontological resources. The Antiquities Act authorized the Secretaries of the Interior, Agriculture, and Army to grant permission to reputable institutions to conduct research (including excavation) to increase knowledge and the permanent preservation of antiquities in public museums. This act authorized the President to declare areas of federal lands as national monuments. Preservation of American Antiquities (43 CFR 3) implements the Antiquities Act. ARPA clarified some of the mandates of the Antiquities Act and supersedes some portions of it.

Historic Sites Act of 1935: PL 74-292, 16 USC 461-467

The Historic Sites Act (U.S. Congress 1935) established the national policy of preserving historic sites, buildings, and objects for public use. The implementation of this act established the Historic American Building Survey (HABS). This act gave the Secretary of the Interior the authority to preserve data on historic sites and to acquire and preserve archaeological and historic resources on federal land. The act provides for the preservation of historic American sites, buildings, objects, and antiquities of national significance. It refers to sites of national significance but was established as a public law and a code before the NHPA and NRHP defined national significance further.

National Historic Preservation Act (NHPA) of 1966/PL 89-665, as amended in 1980 (PL 96-515)40 and in 1992 (PL 102-575): 16 USC 470-470x and 80 Stat. 915

The NHPA (U.S. Congress 1966) established the NRHP to include districts, sites, buildings, structures, and objects significant in national history, architecture, archaeology, and culture. The NHPA also protects TCPs. It authorizes a program of matching preservation grants-in-aid to individual states. It established the President-appointed Advisory Council on Historic Preservation (ACHP) to advise the President and Congress on historic preservation matters. The ACHP is authorized to secure information from federal agencies in order to carry out its responsibilities. The NHPA established the State Historic Preservation Office (SHPO) and the Tribal Historic Preservation Officer (THPO) programs.

Section 106 (16 USC 470f) of the NHPA states that the head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.

In order to do this, agencies must determine whether any properties under their control are listed in or are eligible for listing in the NRHP. Protection of Historic Properties (36 CFR Part 800) contains the regulations that implement Section 106 and is presented later in this section. However, 36 CFR 800 will be discussed here, since it describes Section 106 procedures in detail. 36 CFR 800 requires that the heads of any federal agency with direct or indirect jurisdiction over a proposed federal or federally assisted undertaking that might affect historic properties eligible for listing in the NRHP must initiate consultation with governments and other interested parties during the planning stages of the undertaking. An undertaking is 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 a Federal agency; those carried out with federal financial assistance; and those requiring a federal permit, license or approval (ACHP 2004). If a federal agency determines that an activity could affect historic properties, it must consult with the appropriate SHPO or THPO. According to the ACHP, it should plan to involve the public and should identify other potential consulting parties. According to the ACHP (2002), public involvement is a key ingredient in successful Section 106 consultation, and the views of the public should be solicited and considered throughout the process.

The agency follows the steps in the ACHP Section 106 Process flowchart (see below). This interactive flowchart can be found on the internet at http://www.achp.gov/regsflow.html (ACHP 2001).

http://www.achp.gov/regsflow.html

Section 106 process flowchart (from ACHP 2001)

According to the ACHP (2002), If the agency's undertaking could affect historic properties, the agency determines the scope of appropriate identification efforts and then proceeds to identify historic properties in the area of potential effects. The agency reviews background information, consults with the SHPO/THPO and others, seeks information from knowledgeable parties, and conducts additional studies as necessary. Districts, sites, buildings, structures, and objects listed in the National Register are considered; unlisted properties are evaluated against the National Park Service's published criteria:

If it determines that the undertaking will take place but has no potential to affect historic properties, the agency has no further Section 106 obligations. If the agency finds that no historic properties are present or affected, it provides documentation to the SHPO or THPO and, barring any objection within 30 days, may proceed with its undertaking.

Historic properties that may be affected by an undertaking are considered and evaluated in consultation with the SHPO or THPO and any Indian tribe that attaches religious and cultural significance to those historic properties (ACHP 2002). The agency consults with the THPO if a tribe has assumed SHPO responsibilities on their tribal lands and have been certified pursuant to Section 101(d)(2) of the NHPA. However, tribes that have not been certified have the same consultation and concurrence rights as THPOs when the undertaking takes place, or affects historic properties, on their tribal lands and would be consulted in addition to the SHPO.

The agency may seek a formal determination of NRHP-eligibility from the National Park Service. Section 106 review gives equal consideration to properties that are included in the NRHP and to those that are not included but that meet NRHP criteria. According to 36 CFR 800.16 (l.2), both properties formally determined as eligible and properties that meet the NRHP criteria (without formal determination) are considered eligible for inclusion in the National Register.

If the agency finds that historic properties are present, it assesses possible adverse effects in consultation with the SHPO or THPO. If they agree that no adverse effect will take place, the agency proceeds with the undertaking under agreed-upon conditions. If an adverse effect might occur, or if the parties cannot agree and the ACHP determines within 15 days that an adverse effect might occur, the agency begins consultation to seek ways to avoid, minimize, or mitigate the adverse effects.

The agency consults to avoid, minimize, or mitigate adverse effects with the SHPO or THPO and others, who may include Indian tribes and Native Hawaiian organizations, local governments, permit or license applicants, and members of the public (ACHP 2002). ACHP may participate in consultation when substantial impacts to important historic properties are expected, when a case presents important questions of policy or interpretation, when procedural problems may arise, or when issues of concern to Native American tribes or Native Hawaiian organizations arise.

Consultation usually results in a Memorandum of Agreement (MOA), which outlines agreed-upon measures that the agency will take to avoid, minimize, or mitigate the adverse effects. In some cases, the consulting parties may agree that no such measures are possible, but that the adverse effects must be accepted in the public interest.

If an MOA is executed, the agency proceeds with its undertaking under the terms of the MOA. If consultation does not yield an MOA, the agency, the SHPO/THPO, or the ACHP may terminate consultation. If a SHPO terminates consultation, the agency and ACHP may conclude an MOA without SHPO involvement. However, if a THPO terminates consultation and the undertaking is on or affecting historic properties on tribal lands, ACHP must provide its comments. The agency must submit appropriate documentation to the ACHP and request the ACHP's written comments. The agency head must take into account the ACHP's written comments in deciding how to proceed.

Consultation with an Indian tribe must respect tribal sovereignty and the government-to-government relationship between the federal government and federally recognized Indian tribes. If an Indian tribe has not been certified by the National Park Service to have a THPO act as the SHPO on its lands, it must be consulted about undertakings on or affecting its lands on the same Section 106 procedures must be followed in the absence of a program alternative for Section 106 compliance. Program alternatives include alternate procedures, PAs, exempted categories (Categorical Exemptions), standard treatments, and program comments.

In order to implement alternate procedures to replace the procedures in Subpart B of 36 CFR 800 and remain compliant with Section 106, an agency must consult with ACHP, the National Conference of State Historic Preservation Officers or individual SHPOs or THPOs, and Indian tribes. ACHP recommends that agencies consult with the National Association of Tribal Historic Preservation Officers. The agency must seek public input into the development process and provide a process for the identification and evaluation of historic properties for listing in the NRHP. The agency must provide for the disposition of Native American cultural items from federal or tribal land as outlined in 3(c) of NAGPRA.

The most common program alternative is a programmatic agreement (PA). A PA establishes a process for consultation, review, and compliance with federal laws and regulations that address historic properties.

36 CFR 800.14b sets forth the guidelines for Section 106 program alternatives. According to the regulation, the ACHP and the agency official may negotiate a PA to govern the implementation of a particular program or the resolution of adverse effects from certain complex project situations or multiple undertakings. Often, PAs are multi-year agreements and govern the implementation of a particular program or the resolution of adverse effects from certain complex project situations or multiple undertakings.

According to 36 CFR 800.14, a PA may be used (ACHP 2004):

1. When effects on historic properties are similar and repetitive or are multi-state or regional in scope;

2. When effects on historic properties cannot be fully determined prior to approval of an undertaking;

3. When nonfederal parties are delegated major decision-making responsibilities;

4. Where routine management activities are undertaken at federal installations, facilities, or other land management units; or

5. Where other circumstances warrant a departure from the normal Section 106 process.

The consultation for a PA should involve SHPO/THPOs, the National Conference of State Historic Preservation Officers (NCSHPO), Native American tribes and Native Hawaiian organizations, other Federal agencies, and members of the public (ACHP 2004). If the PA has the potential to affect historic properties on tribal lands or historic properties of religious and cultural significance to Native American tribe or Native Hawaiian organization, the agency official should consult with these groups on…