JBER alternative Sec106 PA 2022.pdf

Programmatic Agreement for Operation, Maintenance, and Development Activities At Joint Base Elmendorf-Richardson, AK

PROGRAMMATIC AGREEMENT AMONG

673d AIR BASE WING, THE ALASKA STATE HISTORIC PRESERVATION OFFICER, AND

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING THE

OPERATION, MAINTENANCE, AND DEVELOPMENT ACTIVITIES AT

JOINT BASE ELMENDORF-RICHARDSON

AND ASSOCIATED TRAINING LANDS,

ALASKA

WHEREAS, the United States Department of the Air Force (USAF), acting through the 673d Air Base Wing (673 ABW), proposes to continue to coordinate and administer an ongoing program of operation, maintenance, and development on Joint Base Elmendorf-Richardson (JBER) and associated training areas as an active military training area (Program); and

WHEREAS, the 673 ABW has determined that the aforementioned Program, which may include ongoing operations, training, maintenance and repair, rehabilitation, renovation, mothballing, cessation of maintenance, new construction, demolition, deconstruction and salvage, reconfiguration, and remediation activities, constitutes undertakings subject to Section 106 of the National Historic Preservation Act (NHPA) of 1966 (54 USC § 306108) and its implementing regulations, 36 CFR Part 800, as amended, and may have an adverse effect on historic properties eligible for or listed in the National Register of Historic Places (National Register); and

WHEREAS, the JBER area, which comprises former Elmendorf Air Force Base and former Fort Richardson (a Department of the Army installation), its associated training areas, and other properties managed through JBER, are understood to be the area of jurisdiction for this Programmatic Agreement (PA), or Area of Potential Effect (APE), and this area is indicated on the two maps found in Exhibit B;

and

WHEREAS, pursuant to Air Force Manual 32-7003 (AFMAN 32-7003), the 673 ABW Commander (673 ABW/CC) serves as the agency official responsible for compliance with the requirements of Section 106 of the NHPA and the 673 ABW has delegated that responsibility to the Cultural Resources Manager (CRM) with the exception of the signing of agreement documents; and

WHEREAS, the 673 ABW environmental review process attempts to capture the identification of undertakings at several phases, and can include Air Force (AF) Form 3 Dig Permit, AF Work Order Review Process through NexGenIT, AF Form 813 Request for Environmental Impact Analysis, and AF Certificate of Compliance; and

WHEREAS, Section 106 of the NHPA requires that federal agencies take the effects of their undertakings on historic properties into account, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on these undertakings; and

WHEREAS, the 673 ABW has consulted with the ACHP and the Alaska State Historic Preservation Officer (SHPO) pursuant to 36 CFR § 800.14(b)(2); and

WHEREAS, the 673 ABW elected to fulfill its Section 106 obligations for this Program through execution and implementation of a Programmatic Agreement (PA) pursuant to 36 CFR § 800.14(b)(2);

and

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WHEREAS, the 673 ABW has compiled a list of activities and criteria identified in Exhibit A against which undertakings will be compared for the application of a Streamlined Review Process, which is consistent and compliant with the requirements of the NHPA; and

WHEREAS, the 673 ABW invited the National Park Service (NPS) to participate in consultation, as the NPS provides historic preservation technical assistance to nationally significant properties including Nike Site Summit, and serves as a consulting party; and

WHEREAS, the 673 ABW invited the Anchorage Historic Preservation Commission of the Municipality of Anchorage, a Certified Local Government, to participate in consultation; and

WHEREAS, the 673 ABW invited the Cook Inlet Region, Inc., Eklutna, Inc., National Trust for Historic Preservation, Bureau of Land Management - Anchorage District Office, Friends of Nike Site Summit (FONSS), Nike Historical Society, Cold War Historical Museum, American Society of Landscape Architects - Alaska Chapter, Anchorage Ski Club, Inc., Cook Inlet Historical Society, Alaska Association for Historic Preservation (AAHP), and Anchorage Museum at Rasmuson Center to participate in consultation; and

WHEREAS, the 673 ABW invited the Alaska Native federally recognized tribes of the Chickaloon Village Traditional Council, the Native Village of Eklutna Traditional Council, the Knik Tribal Council, and the Native Village of Tyonek each to participate in the development of this PA; and

WHEREAS, this PA applies to all undertakings within the boundaries of JBER that are under the direct or indirect jurisdiction of the 673 ABW, including undertakings performed by lessees, permittees, and tenant units except for those areas managed by the Alaska Army National Guard (AKARNG), the Fort Richardson National Cemetery, or are not covered by other Section 106 program alternatives; and

WHEREAS, the 673 ABW and the AKARNG have an interagency agreement in place for AKARNG to remain responsible for carrying out responsibilities under the NHPA for leased properties under the control of AKARNG; and

WHEREAS, the Fort Richardson National Cemetery, which is listed on the National Register and located within the boundaries of JBER, is the property of and under management of the Department of Veterans Affairs’ National Cemetery Administration and is not subject to this PA; and

WHEREAS, the properties listed in Exhibit F on JBER have been addressed under Nationwide Program Alternatives, including "Program Comments for Capehart-Wherry Era Family Housing," "Cold War Era Unaccompanied Personnel Housing," and "World War II and Cold War Era Army Ammunition Storage Facilities" and are not subject to this PA; and

WHEREAS, the areas of JBER shown in Exhibit I are designated as operable units (OU) under the JBER Federal Facilities Agreement (FFA) between the USAF, the Alaska Department of Environmental Conservation and the Environmental Protection Agency, and are being investigated and remediated under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC §9601 et seq.

(1980), as amended by the Superfund Amendments and Reauthorization Act (1986) and are subject to land use restrictions and/or environmental remediation outlined in detail in a Record of Decision for each OU in the FFA; and

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WHEREAS, the lands shown in Exhibit J on JBER are designated as active firing range areas and/or impact areas, which have restricted access due to immediate threats to life; and

WHEREAS, the Historic Facilities Maintenance and Repair Plan, 2018 (HFMRP) was developed as a component of the Integrated Cultural Resources Management Plan, 2018-2022 (ICRMP) to provide information necessary for compliance with Section 106; and

WHEREAS, the Site Summit Retention Plan, 2010 specified in Stipulation I(B) of the Programmatic Agreement Among the United States Department of the Army, the Alaska Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Management of Nike Site Summit Historic District at Fort Richardson, Alaska (Nike Site Summit PA 2009) addresses long-term maintenance of the closed Nike Site Summit Missile Site in conjunction with this PA; and

WHEREAS, the Site Summit Retention Plan (updated in 2022) is a component of the ICRMP and as such, is separate from the Nike Site Summit PA 2009; and

WHEREAS, all mitigation items specified in Stipulation IV of the Nike Site Summit PA 2009, are complete; and

WHEREAS, the 673 ABW has developed several historic contexts, including a World War II context for Elmendorf Air Force Base and Cold War contexts for both Elmendorf Air Force Base and Fort Richardson; and

WHEREAS, individual buildings on JBER that are eligible for listing in the National Register are identified in Exhibit C; and

WHEREAS, the Nike Site Summit Historic District, the Flight Line Historic District, the Alaska Air Depot Historic District, the Generals’ Quad Historic District, and their respective contributing properties (buildings and structures) identified in Exhibit D, are also eligible for listing in the National Register; and

WHEREAS, the properties listed in Exhibit E on JBER were built less than 45 years ago, or have been found not eligible for inclusion in the National Register; and

WHEREAS, the archaeological resources listed in Exhibit G on JBER include those that are eligible and those that are ineligible for inclusion in the National Register and SHPO has concurred, or have not yet been evaluated for the National Register; and

WHEREAS, the USAF JBER lands shown in Exhibit H are areas that have been previously surveyed for archaeological resources as of March 2022, which is approximately 60%; and

WHEREAS, the 673 ABW developed a probability model in 2011 for use in identifying historic properties, and updated the model in 2016 to the existing version; and

WHEREAS, the 673 ABW has provided information to the public regarding this PA through USAF JBER Public Affairs; and

NOW, THEREFORE, the 673 ABW, SHPO, and the ACHP agree that the Program shall be implemented in accordance with the following stipulations in order to take into account the effect of the Program on historic properties.

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EXHIBITS TABLE OF CONTENTS

Exhibit A Undertakings Excluded from External Review

Exhibit B Two maps showing the Area of Potential Effect

Exhibit C Map showing Individual Buildings (and Contributing Properties) that are Eligible for National Register of Historic Places (NRHP) Listing and corresponding list

Exhibit D Map showing the four Historic Districts found at USAF JBER and corresponding lists

Exhibit E Map showing Buildings that are Not Eligible for NRHP Listing and/or Buildings that are Less than 45 years old

Exhibit F Map showing Properties Subject to Nationwide Program Alternatives

Exhibit G Map showing NRHP Eligibility Status for Archaeological Sites

Exhibit H Map showing Areas Already Surveyed for Cultural Resources

Exhibit I Map showing USAF JBER Operable Units (including landfills, disposal areas, etc.)

Exhibit J Map showing Impact Areas (including firing ranges, etc.)

Exhibit K Glossary of Terms

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STIPULATIONS

The 673 ABW shall ensure that the following measures are carried out:

I. STAFFING

A. All work to meet the Stipulations of this PA shall be carried out by, reviewed by, or be under the oversight or supervision of a person or persons meeting the applicable professional standards as outlined in the Secretary of the Interior’s (SOI) Professional Qualification Standards, as defined and officially adopted in 1983 (48 Fed. Reg. 44716, September 29), and consistent with the Secretary of the Interior’s Historic Preservation Professional Qualification Standards, as expanded and revised in 1997 (62 Fed. Reg.

33708), but not formally adopted for federal regulatory purposes (hereinafter the SOI Professional Qualification Standards). Altogether the revised SOI Professional Qualification Standards provide guidance on the minimum education and experience and products that together will ensure competent performance as applicable to the nature of the undertaking and the resources potentially affected.

B. The 673 ABW/CC shall maintain appointment of a Cultural Resource Manager (CRM) to implement this PA. The CRM shall either meet, or be advised by personnel that meet the SOI Professional Qualification Standards. If the 673 ABW does not have personnel that meets the SOI Professional Qualification Standards to implement this PA, the 673 ABW will follow the standard Section 106 procedures as outlined in 36 CFR § 800. If at any point this staffing requirement is not met, implementation of this PA shall be suspended and the 673 ABW/CC shall ensure that 36 CFR § 800 is implemented for each undertaking.

C. The 673 ABW/CC shall ensure that installation planning documents and information regarding proposed tenant activities are provided to the CRM to identify specific undertakings over a five-year planning cycle that may be subject to review pursuant to Section 106 and the terms of this PA. The documents to be analyzed shall include, but are not limited to:

1. Master Plan;

2. Work Orders;

3. Military construction plans;

4. Troop training and range operations plans;

5. Military training routes;

6. Integrated Natural Resource Management Plan;

7. Integrated Cultural Resource Management Plan;

8. Historic property renovation and demolition plans;

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9. Installation Design Guide;

10. Integrated Wildland Fire Management Plan; and

11. Dig Safe Permit requests.

D. The CRM shall receive training in standard Section 106 procedures according to the Air Force’s Cultural Resource Training Matrix and Cultural Resource Playbook. These requirements will be included in the ICRMP, including frequency of refresher training.

The CRM, operations managers, and civil engineering project managers shall receive training in the scope and implementation of this PA and the ICRMP within six months of their hiring.

II. STREAMLINED REVIEW PROCESS

A. Determine the Undertaking

1. The CRM shall determine if the proposed project is an undertaking as defined in 36 CFR § 800.16(y).

a) If the CRM determines the proposed project is not an undertaking as defined in 36 CFR § 800.16(i), the CRM shall document this determination for inclusion in the administrative record for the project, and the 673 ABW has no further obligations under this Stipulation.

b) If the CRM determines that the proposed project is an undertaking but is listed in Exhibit A, the CRM shall document this determination for inclusion in the administrative record for the project and in the Annual Report, and the 673 ABW has no further obligations under this Stipulation.

c) If the CRM determines the proposed project is an undertaking and is not listed in Exhibit A, the CRM will continue on in this Section 106 Streamlined Review Process.

B. Define the APE and Identify Historic Properties

1. The CRM shall determine and document the project APE for each specific undertaking, appropriate to the scope and scale of the undertaking, and consider direct, indirect, and cumulative effects.

a) The CRM shall determine if the project APE is within specific areas of JBER that would qualify the undertaking for exclusion from external review. If the project APE is within any of the following areas, the CRM shall document this determination for inclusion in the administrative record for the project and in the Annual Report, and the 673 ABW has no further obligations under this Stipulation.

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(1) Areas designated as operable units, or

(2) Active firing range areas and/or impact areas, or

(3) Previously surveyed areas where routine training and deployment activities occur that involve no ground disturbance, or

(4) Within improved lands within the cantonment area that involve no ground disturbance, or

(5) Within lands where there is continued wildlife management through the use of controlled or prescribed burns and mechanical brush clearing in established, cleared areas, or

(6) If the property concerns the transfer of Real Property and the property is less than 45 years old or has not previously been found not eligible for inclusion on the National Register, or

(7) If the area is limited to the footprint and immediate area of an existing building or structure, or

(8) Is a building listed in Exhibit E, Exhibit H, or

(9) Within an area with low potential as identified in the Updated Probability Model, or

(10) Within areas that are prohibited from survey by AF regulation.

b) If the project APE is not within such an area (as listed in Stipulation II(B)(1)(a)), the CRM will continue on in the Section 106 Streamlined Review Process.

2. The CRM shall identify historic properties within the APE.

a) If the APE has not been previously surveyed for cultural resources, or previous surveys are more than 10 years old, or the methods of a previous survey were determined to be inadequate by the CRM, SHPO, or Federally Recognized Tribes, the CRM shall proceed to Stipulation II(B)(3). An appropriate level of new survey shall be completed within the APE in order to evaluate the eligibility of any cultural resources present.

b) If the CRM does not identify any historic properties within the APE, the CRM shall document this determination of “No Historic Properties Present” for inclusion in the administrative record for the undertaking and it will be included in the Annual Report, and the 673 ABW has no further obligations under this Stipulation.

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c) If the CRM identifies a historic property, the CRM shall continue on with this Streamlined Review Process.

3. The CRM shall determine if new cultural resource surveys are required for the APE. Survey design and survey methodology shall be made in consultation with SHPO and in consultation and collaboration with consulting parties. Survey methods shall include, but are not limited to, those described in the JBER ICRMP “Standard Operating Procedures.” New surveys shall be required:

a) If the APE has not been previously surveyed for cultural resources, or previous surveys are more than 10 years old, or the methods of a previous survey were determined to be inadequate by the CRM or SHPO, an appropriate level of survey shall be completed within the APE in order to evaluate the eligibility of any cultural resources present.

(1) The CRM shall notify SHPO and consulting parties no later than 45 calendar days prior to any new survey conducted by the CRM or in-house staff. The letter notification will include a summary of the parameters of the new survey and the anticipated survey timetable. SHPO and consulting parties shall have up to 30 calendar days to review the letter notification and provide comment to the 673 ABW. The 673 ABW may request an expedited review at any time.

(2) After the survey is completed, the 673 ABW will conduct an analysis of the survey. Within 90 calendar days of completing an analysis of the survey results, the CRM shall provide an after action summary to SHPO and consulting parties, and the 673 ABW shall conduct consultation as needed. The after action summary shall include an analysis of the survey results. SHPO and consulting parties shall have 30 calendar days to review the survey results and provide comment to the 673 ABW.

C. Evaluate Effects of the Undertaking

1. The CRM shall assess the effects of the proposed undertaking on historic properties, including direct, indirect, and cumulative effects, using the criteria of adverse effects (36 CFR § 800.5(a)(1)).

a) “No Effect to Historic Properties”: if the CRM determines that historic properties present in the APE will not be affected by the undertaking, and the undertaking is not listed in Exhibit A, the CRM shall proceed to Stipulation II(C)(2).

b) “No Adverse Effect to Historic Properties”: if the CRM determines that historic properties present in the APE will not be adversely affected by the undertaking, and the undertaking is not listed in Exhibit A, the CRM shall proceed to Stipulation II(C)(2).

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c) “Adverse Effect to Historic Properties”: if the CRM determines that historic properties present in the APE will be adversely affected by the undertaking, the CRM shall proceed to Stipulation II(C)(3).

2. For those undertakings with a finding of “No Effect to Historic Properties” or No Adverse Effect to Historic Properties:”

a) From the date that this Agreement is executed through the subsequent 36 months, the CRM shall implement the following process to notify the SHPO and other consulting parties consistent with 36 CFR § 800.5(c).

The CRM shall provide the SHPO and consulting parties with a packet of information including, but not limited to, the following:

(1) project description, approximate square footage, and if available, the depth and amount of ground disturbance anticipated;

(2) APE map showing the location of the project and any identified historic properties;

(3) description of the historic properties affected, if any;

(4) any photos as necessary, when available, unless security restrictions prevent sharing of photographs; and

(5) finding of effect, as relevant, and request for concurrence on a “No Effect to Historic Properties” or “No Adverse Effect to Historic Properties” finding from SHPO.

b) SHPO shall provide a response to the 673 ABW effect determination within 30 calendar days of receipt of all pertinent documentation.

(1) If at the end of the 30 calendar days, or agreed to specified time, the SHPO concurs with the finding of “No Adverse Effect to Historic Properties” or the fining of “No Effect to Historic Properties,” the CRM shall document this concurrence for inclusion in the Annual Report, and the 673 ABW has no further obligations under this PA.

(2) If at the end of the 30 calendar days, or agreed to specified time, no comments are received from SHPO, the CRM shall make a second attempt to contact the SHPO for comments before moving forward with the project. The CRM shall document the no response for inclusion in the Annual Report, and the 673 ABW has no further obligations under this PA.

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(3) If at the end of the 30 calendar days, or agreed to specified time, the SHPO does not concur with the finding of “No Adverse Effect to Historic Properties” or the finding of “No Effect to Historic Properties,” upon receipt of SHPO notification of non-concurrence, the CRM shall attempt to resolve concerns as identified by the SHPO through consultation with the SHPO and consulting parties for no more than a total of 30 calendar days, or other time period as agreed to between SHPO and the 673

ABW/CC.

(a) If at the end of the 30 calendar days, or agreed to specified time, the SHPO does not concur with the finding of “No Adverse Effect to Historic Properties” or “No Effect to Historic Properties,” and attempts to resolve SHPO concerns through consultation are unsuccessful, the 673 ABW/CC shall notify the ACHP in accordance with Stipulation IX (Dispute Resolution).

(b) If at the end of the 30 calendar days, or agreed to specified time, the SHPO concurs with the finding of “No Adverse Effect to Historic Properties” or “No Effect to Historic Properties,” the CRM shall document this concurrence for inclusion in the Annual Report, and the 673 ABW has no further obligations under this PA.

c) The CRM will notify the SHPO of a finding of “No Adverse Effect to Historic Properties” and of a finding of “No Effect to Historic Properties” through the end of 36 months starting from the date that this Agreement is executed.

(1) After 36 months of implementation, the 673 ABW will request further procedural streamlining from SHPO and consulting parties for findings of “No Adverse Effect to Historic Properties” and findings of “No Effect to Historic Properties” so that the 673 ABW can cease notification to SHPO and consulting parties of these findings.

(a) After 36 months of implementation, if SHPO concurs with the 673 ABW’s request, the 673 ABW can cease notifications to the SHPO and consulting parties of these findings with the completion of an amendment to the Agreement following procedures as defined in Stipulation XII (Amendments).

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(b) After 36 months of implementation, if SHPO does not concur, the 673 ABW will continue to notify the SHPO and consulting parties of these findings. The 673 ABW may request subsequent procedural streamlining from SHPO and consulting parties.

(2) If the SHPO agrees and after the indicated 36-month period of time, if the CRM determines that historic properties present in the APE will not be affected by the undertaking, the CRM shall document this determination for inclusion in the administrative record for the undertaking and it will be included in the Annual Report, and the 673 ABW has no further obligations under this Stipulation.

3. For those undertakings with a finding of “Adverse Effect to Historic Properties:”

a) The CRM shall provide the SHPO and with a packet of information including, but not limited to, the following:

(1) project description, approximate square footage, and if available, the depth and amount of ground disturbance anticipated;

(2) APE map showing the location of the project and of any identified historic properties;

(3) description of the historic properties affected;

(4) any photos as necessary, when available, unless security restrictions prevent sharing of photographs; and

(5) finding of effect and request for concurrence on “Adverse Effect to Historic Properties” finding from SHPO.

b) SHPO shall provide a response to the 673 ABW effect determination within 30 calendar days of receipt of all pertinent documentation.

(1) If the SHPO concurs with the finding of “Adverse Effect to Historic Properties,” the CRM shall proceed to Stipulation II(D).

(2) If at the end of the 30 calendar days, or agreed to specified time, no comments are received from SHPO, the CRM shall make a second attempt to contact the SHPO for comments before assuming concurrence with the 673 ABW effect determination.

The CRM shall document this concurrence for inclusion in the Annual Report and shall proceed to Stipulation II(D).

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(3) If at the end of the 30 calendar days, or agreed to specified time, the SHPO does not concur with the finding of “Adverse Effect to Historic Properties,” upon receipt of SHPO notification of non-concurrence, the 673 ABW/CC shall attempt to resolve concerns as identified by the SHPO through consultation with the SHPO for no more than a total of 30 calendar days, or other time period as agreed to between SHPO and the 673 ABW/CC.

(a) If at the end of the 30 calendar days, or agreed to specified time, the SHPO concurs with the finding of adverse effects, the CRM shall proceed to Stipulation

II(D).

(b) If at the end of the 30 calendar days, or agreed to specified time, the SHPO does not concur with the finding of “Adverse Effect to Historic Properties,” and attempts to resolve SHPO concerns through consultation are unsuccessful, the 673 ABW/CC shall notify the ACHP in accordance with Stipulation IX (Dispute Resolution).

D. Resolution of Adverse Effects

1. The CRM shall notify Consulting Parties, and the public, within 10 calendar days of receiving the SHPO’s concurrence of a finding of “Adverse Effect to Historic Properties” for an undertaking by preparing and delivering information for the Consulting Parties including, but not limited to, the following:

a) a description of the undertaking;

b) an illustration of the APE;

c) a list of identified historic properties within the APE;

d) the explanation for the finding of “Adverse Effect to Historic Properties” for an undertaking;

e) steps taken or considered by the 673 ABW to avoid or minimize the adverse effects;

f) any SHPO comments received by the 673 ABW regarding the undertaking;

g) an invitation to participate in a consultation to resolve adverse effects;

and

h) the proposed date for a Consulting Parties meeting.

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2. If they desire that the 673 ABW consider their comments regarding the effect determination, Consulting Parties should submit comments in writing within 30 calendar days of receipt. However, Consulting Parties are under no obligation to provide comments on the effect determination.

a) If comments are received within that time, the 673 ABW will notify the SHPO of any concerns and the 673 ABW response to those concerns.

b) If no comments are received within that time, the CRM shall make a second attempt to contact the Consulting Parties for comments and if they wish to participate in the resolution of adverse effects.

c) If no comments are received after a second attempt to contact Consulting Parties is made, the 673 ABW may conclude consultation with that Party.

3. The CRM shall organize a consultation meeting, to include the SHPO, at least 45 calendar days after notifying Consulting Parties, to discuss alternatives to avoid, minimize, or mitigate the adverse effects. Additional meetings shall be scheduled as needed. The ACHP will only participate in the resolution of adverse effects for individual undertakings if a written request is received by ACHP from the 673 ABW, SHPO, or a Tribe.

a) If through consultation and collaboration with the SHPO and Consulting Parties, the undertaking avoids adverse effects, the CRM will document the alternatives utilized in an attempt to reduce the effects of the undertaking to a finding of “No Adverse Effect to Historic Properties,” in consultation and in concurrence with all participating Consulting Parties and include them in the Annual Report, and the 673 ABW has no further obligations under this Stipulation.

b) If through consultation and collaboration with the SHPO and Consulting Parties the adverse effects are minimized or mitigated, then the measures agreed to by the 673 ABW, the SHPO, and Consulting Parties will be specified in a Memorandum of Agreement in accordance with 36 CFR § 800.6(c) and filed with the ACHP upon execution.

III. MANAGEMENT OF NIKE SITE SUMMIT HISTORIC DISTRICT

A. The 673 ABW will coordinate maintenance at Nike Site Summit Historic District (ANC- 00789) in accordance with 36 CFR Part 800.

B. The 673 ABW will continue to implement the Site Summit Retention Plan, 2022. The Site Summit Retention Plan will be updated as part of this Agreement and reviewed every 10 years. SHPO and Consulting Parties will be provided a draft Updated Plan. They will have 30 calendar days to provide comments on the draft. A final revised Site Summit Retention Plan will be completed within 60 calendar days and will be included as an appendix in the ICRMP.

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C. The 673 ABW shall work with the FONSS and the AAHP to conduct tours for the public and military, and perform maintenance on facilities under their care, if the following conditions are met:

1. The 673 ABW or CRM shall coordinate with FONSS and AAHP to coordinate all dates, plans, and equipment needs in an annual planning meeting, which will occur no less than 30 calendar days before the first tour of the year. The 673 ABW or CRM will invite SHPO to the annual meeting.

2. All public tours will comply with the 673 ABW and Range Control safety protocols, to include a Range Safety Briefing. Military tours do not require a Range Safety Briefing. The 673 shall require all FONSS and AAHP volunteers and contractors to attend annual Range Safety briefings.

3. The 673 ABW will provide for access for public tours no less than three times a year.

4. An escort from the 673 ABW (usually the CRM) may be required. The need for an escort will be determined at the time the tour is scheduled.

5. Public tours will be scheduled at least 30 calendar days in advance with Range Control by FONSS. Military tours will be scheduled with Range Control by CRM or guest USAF Unit. FONSS will not be obligated to provide guides for military tours. Work dates will be coordinated with CRM and Range Control at least 30 calendar days in advance. Access is dependent on road conditions and military training schedules.

6. Tours will comply with the agreed upon Tour Safety Plan, which specifies that the FONSS will provide all safety equipment except range radios, which will be supplied by Range Control or the CRM. The Tour Safety Plan is included in the ICRMP and updated when regulations affecting access or other 673 ABW or USAF protocols change. The CRM will review the Tour Safety Plan annually in consultation with the FONSS board.

7. The 673 ABW shall allow work crew access no less than three times per year, and will require that work crews comply with agreed upon Tour Safety Plan. The 673 ABW shall request FONSS to provide all safety equipment except range radios, which will be supplied by Range Control or the CRM.

IV. UPDATED PROBABILITY MODEL

A. After consultation and collaboration with SHPO and Consulting Parties, the CRM will revise the existing probability model to create an Updated Probability Model to be used as one tool to identify historic properties in the Streamlined Review Process. The existing probability model will not be used to identify historic properties in the Streamlined Review Process. The Updated Probability Model shall make every attempt to include areas of cultural concern, including each time the model is updated.

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1. To incorporate new data, technology, and understandings of NRHP significance and periods of significance, the 673 ABW will update the probability model every five years in consultation and collaboration with SHPO and Consulting Parties. The 673 ABW shall consult and collaborate with SHPO and Consulting Parties to determine appropriate data for inclusion in the probability model and format for each updated model.

B. Every five years at the time of the annual report consultation (in accordance with Stipulation XI: Reporting and Annual Review), the 673 ABW will include a request with the annual report for proposed revisions to the probability model.

1. SHPO and Consulting Parties will provide comments to the 673 ABW within 30 calendar days of receipt of the request.

2. The 673 ABW will provide a draft final revised model and report within 90 calendar days of receipt of comments.

3. A consultation meeting may be scheduled to review and discuss details of the model and data.

4. SHPO and Consulting Parties will provide comments on the final draft within 45 calendar days of receipt of the draft final revised model.

5. A final model and report will be provided within 60 calendar days of receipt of any final comments.

V. PROJECT CHANGES

A. Prior to implementation of an action or undertaking, if the undertaking changes, the CRM shall reevaluate the project for effects on historic properties. In accordance with Stipulation II(C), the CRM shall assess the effects of the proposed undertaking on historic properties, including direct, indirect, and cumulative effects, using the criteria of adverse effects (36 CFR § 800.5(a)(1)).

1. The CRM shall be notified of any project changes prior to implementation of the undertaking. The CRM will have 15 calendar days to review the project changes for potential effects on historic properties.

2. For those undertakings with a finding of “No Effect to Historic Properties” or “No Adverse Effect to Historic Properties”, the 673 ABW will follow the steps laid out in Stipulation II(C)(2), but will use a 30 calendar day review timeline for all parties. The 673 ABW may request an expedited review at any time.

3. For those undertakings with a finding of “Adverse Effect to Historic Properties”, the 673 ABW will follow the steps laid out in Stipulation II(C)(3).

VI. POST-REVIEW DISCOVERIES

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A. If the 673 ABW becomes aware that any historic property on JBER and its related training lands has been inadvertently damaged by an action or undertaking not in conformity with the review process set out in this PA or other applicable agreement, the 673 ABW/CC will report how the damage occurred and the extent of damage to the historic property and a plan of action to address the damage in accordance with 36 CFR § 800.13(b)(3).

VII. DISCOVERY OF HUMAN REMAINS

A. If human remains are inadvertently discovered at any time during the implementation of an undertaking, the 673 ABW shall comply with the provisions of the Native American Graves Protection and Repatriation Act (25 USC §3001) and all State and Federal laws pertaining to human remains and notify the SHPO within 24 hours of discovery. All human remains will - at all times - be treated with dignity and respect. The 673 ABW shall cease all work by their contractors and ensure that the remains are secured from further disturbance or vandalism. AFMAN 32-7003, Section 2.13.1 dictates steps required if buried human remains are encountered. If human remains are encountered, personnel shall comply with the installation-wide policy, outlined in the memorandum Policy when Encountering Human Remains, dated October 1, 2010.

B. The 673 ABW shall immediately notify the appropriate law enforcement authorities. The Air Force Office of Special Investigation (AFOSI) will act as the sole lead investigative agency until any Department of Defense affiliation is determined, per AFI 71-101, Criminal Investigations. When appropriate, AFOSI will notify the Anchorage coroner.

Under AFOSI direction, the CRM, SHPO, or contracting professional archaeologist will assist in determining the time period and ethnic affiliation of the skeletal remains. If the CRM, SHPO, or contracting professional archaeologist determines that the remains are Native American, the 673 ABW Commander shall immediately undertake any actions necessary under the Native American Graves Protection and Repatriation Act, as amended (PL 101-601; 25 USC 3001 - 30013; 104 Stat. 3048-3058; 43 CFR 10). The CRM shall then immediately notify the SHPO and consult with the SHPO to identify descendants or other interested parties, if any. The CRM, in consultation with the SHPO and any interested parties, shall develop a plan for the respectful treatment and disposition of the remains. Work may resume in affected areas after approval by the

CRM.

VIII. EMERGENCY OPERATIONS

At Joint Base Elmendorf-Richardson, AK

A. As used in this Agreement, the term "emergency" means (i) a disaster or emergency declared by the President of the United States or by the governor of a state, or (ii) other immediate threats to life or property. Immediate rescue and salvage operations conduced to preserve life or property during an emergency are exempt from the provisions of this PA per 36 CFR § 800.12. Additionally, in accordance with the Programmatic Agreement on Protection of Historic Properties During Emergency Response Under the National Oil and Hazardous Substances Pollution Contingency Plan, an “emergency” shall be deemed to exist whenever circumstances dictate that a response action to an actual or threatened release of a hazardous substance, pollutant, or contaminant or the discharge of oil or other pollutants must be taken so expeditiously that normal consideration of the Section 106 process is not reasonably practicable.

B. Compliance with the Programmatic Agreement on Protection of Historic Properties During Emergency Response Under the National Oil and Hazardous Substances Pollution Contingency Plan will be carried out as relevant.

C. In the case of an emergency, the CRM should be notified as soon as possible upon realizing potential for impact to cultural resources associated with an emergency situation. Reasonable steps should be taken during emergency operations to avoid or minimize disturbance of cultural resources.

D. In the case of an emergency, using commercially reasonable efforts, the 673 ABW shall perform those actions necessary to protect historic properties, including using on-site monitoring by staff meeting the Secretary of the Interior's Professional Qualifications Standards. The CRM shall follow the procedures laid out in the ICRMP, including:

1. Attempt to identify cultural resources that might be affected by emergency response and provide guidance and advice to emergency operation workers on methods to avoid or minimize negative effects to cultural resources.

2. Notify the 673 ABW/CC and Air Force Civil Engineer Center (AFCEC) of the emergency or disaster as soon as possible, including descriptions of historic properties potentially affected.

3. Within 14 calendar days of the conclusion of the emergency, or as soon as is practicable, notify the SHPO and Tribal Historic Preservation Officers (THPOs) of any adverse effects to historic properties that resulted from the emergency and emergency response.

4. Consult with the SHPO and THPOs about steps necessary to reduce or mitigate adverse effects to historic properties when additional actions are necessary to stabilize, repair, or demolish historic properties damaged in the emergency response (e.g., demolition of historic properties that cannot be repaired, or have become unsafe). This will be documented in an expedited MOA supported through official correspondence.

At Joint Base Elmendorf-Richardson, AK

E. Where on-site monitoring is not possible, an archaeological or architectural survey will be completed after emergency response work is completed. Archaeological surveys will follow the protocols in the ICRMP. The surveys will be designed to capture the information necessary to evaluate the condition of any cultural resources within the affected area and assess the integrity of those resources using NRHP standards.

IX. DISPUTE RESOLUTION

A. Should any signatory to this PA object at any time to any actions proposed or the manner in which the terms of this PA are implemented, the 673 ABW shall consult with such party, and other consulting parties as appropriate, to resolve the objection. If the 673 ABW determines that such objection cannot be resolved, the 673 ABW will:

1. Forward all documentation relevant to the dispute to the ACHP, including the 673 ABW’s proposed resolution.

2. The ACHP shall provide the 673 ABW with its advice on the resolution of the objection within 30 calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the 673 ABW shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. The 673 ABW will then proceed according to its final decision.

3. If the ACHP does not provide its advice regarding the dispute within the 30 calendar day time period, the 673 ABW may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the 673 ABW shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the PA, and provide them and the ACHP with a copy of such written response.

B. The 673 ABW’s responsibilities to carry out all other actions subject to the terms of this PA that are not the subject of the dispute remain unchanged.

C. Should any member of the public raise a timely and substantive objection pertaining to the manner in which the terms of this PA are carried out, at any time during its implementation, the 673 ABW shall take the objection into account by consulting with the objector to resolve the objection. When the 673 ABW responds to an objection, it shall notify the consulting parties of the object and the manner in which it was resolved.

The 673 ABW may request the assistance of a consulting party to resolve an objection.

X. ANTI-DEFICIENCY ACT

The 673 ABW’s obligations under this PA are subject to the availability of appropriated funds, and the stipulations of this PA are subject to the provisions of the Anti-Deficiency Act. The 673 ABW shall make reasonable and good faith efforts to secure the necessary funds to implement this PA in its entirety. If compliance with the Anti-Deficiency Act alters or impairs the 673 ABW’s ability to implement the stipulations of this agreement, the 673 ABW shall consult in accordance with the amendment and

At Joint Base Elmendorf-Richardson, AK termination procedures found in Stipulation XII (Amendments) and Stipulation XIII (Termination) of this

PA.

XI. REPORTING AND ANNUAL REVIEW

A. The 673 ABW/CC shall provide the SHPO, Concurring Parties, and interested consulting parties with an annual report on or before January 31 of each calendar year summarizing activities carried out under the terms of this PA for the prior calendar year. Electronic mail (email) will serve as the official correspondence method for all communications regarding this PA and its provisions. Standard mail will be used as needed on a case to case basis.

1. Annual reports shall include information about cultural resource training and projects that were reviewed through the streamlined procedures, including but not limited to: the project description, the area of potential effect, the structures or sites affected, and the applicable criteria as defined in Exhibit A. The annual report will be a publicly available document; as such, dissemination of sensitive archaeological site locations will be restricted by the 673 ABW, and the 673 ABW will respect the confidentiality concerns of tribes regarding sensitive cultural information. However, the annual report that the SHPO receives will not be redacted.

2. The signatories to this PA shall review this information to determine what, if any, revisions or amendments to the PA may be necessary. Each signatory will provide the 673 ABW with any annual report revisions or amendments, if any, within 60 calendar days of receiving the report.

B. The 673 ABW/CC shall ensure that the annual report is available for public inspection and that interested members of the public are made aware of its availability through the 673 ABW Civil Engineering Squadron, Conservation Program website.

C. Consulting parties may request a meeting as it pertains to the annual report within 60 calendar days of receiving the report.

D. The list of streamlined undertakings described in Exhibit A will be considered annually and reviewed and revised as needed by the 673 ABW, the SHPO, the Concurring Parties to this PA, and interested consulting parties. The 673 ABW will include a request with each annual report for proposed revisions to the streamlined undertakings list. All parties will be provided the opportunity to consult on the adoption of proposed changes to the streamlined undertakings list described in Exhibit A.

E. The 673 ABW will review Exhibits C, D, E, and G every five years to ensure that the information within is current.

XII. AMENDMENTS

At Joint Base Elmendorf-Richardson, AK

A. The stipulations and exhibits in this Agreement may be amended when such an amendment is agreed to in writing by all signatories. After the 673 ABW has been notified of a proposed amendment, they will notify other parties in writing and a consultation meeting will be conducted. Parties will have 30 days to review draft amendments and suggest revisions. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP. The PA will adopt an amendment log should amendments be necessary.

B. In accordance with Stipulation II(C)(2) of this Agreement, 36 months after the date that this Agreement is executed, the 673 ABW will engage with the SHPO and the ACHP to determine if the SHPO still needs to review and concur on “No Adverse Effects to Historic Properties” and if the PA could be amended to change the Streamlined Review Process not requiring the 673 ABW to notify the SHPO of “No Adverse Effects to Historic Properties” and “No Adverse Effect to Historic Properties” determinations.

XIII. TERMINATION

A. If any signatory to this PA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation XII (Amendments). If within 30 calendar days (or another time period agreed to by all signatories) an amendment cannot be reached, any signatory may terminate the PA upon written notification to the other signatories.

B. Once the PA is terminated, and prior to work continuing on any undertaking, the 673 ABW shall review the undertaking in accordance with 36 CFR §§ 800.3-800.7.

XIV. DURATION

A. This PA shall be effective upon execution by all signatories and shall remain valid until December 31, 2032.

B. No later than June 1, 2032, the 673 ABW shall initiate consultation with the signatories to determine if the PA can be amended and extended until December 31, 2042.

Execution of this PA by the 673 ABW, SHPO, and the ACHP, and implementation of its terms, provide evidence that the 673 ABW has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment.

Execution of this PA by the 673 ABW, SHPO, and the ACHP makes null and void the Programmatic Agreement Among the United States Department of the Army, the Alaska Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding Management of Nike Site Summit Historic District at Fort Richardson, Alaska (Nike Site Summit PA 2009). This PA includes the management of the Nike Site Summit Historic District as specified herein.

This PA may be executed in counterparts, each of which shall constitute an original, and all of which shall constitute one and the same agreement.

At Joint Base Elmendorf-Richardson, AK

PROGRAMMATIC AGREEMENT AMONG

673d AIR BASE WING, THE ALASKA STATE HISTORIC PRESERVATION OFFICER, AND

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING THE

OPERATION, MAINTENANCE, AND DEVELOPMENT ACTIVITIES AT

JOINT BASE ELMENDORF-RICHARDSON

AND ASSOCIATED TRAINING LANDS,

ALASKA

UNITED STATES DEPARTMENT OF THE AIR FORCE, JOINT BASE ELMENDORF-

RICHARDSON

(SIGNATORY)

Date: By: 7 July 2022

WILSON.DAVID.JA

MES.1243168658

Digitally signed by

WILSON.DAVID.JAMES.1243168

Date: 2022.07.07 20:48:36 -08'00'

At Joint Base Elmendorf-Richardson, AK

PROGRAMMATIC AGREEMENT AMONG

673d AIR BASE WING, THE ALASKA STATE HISTORIC PRESERVATION OFFICER, AND

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING THE

OPERATION, MAINTENANCE, AND DEVELOPMENT ACTIVITIES AT

JOINT BASE ELMENDORF-RICHARDSON

AND ASSOCIATED TRAINING LANDS,

ALASKA

ADVISORY COUNCIL ON HISTORIC PRESERVATION

(SIGNATORY)

By: Date:

Mr. Jordan E. Tannenbaum Vice Chairman

July 26, 2022

At Joint Base Elmendorf-Richardson, AK

PROGRAMMATIC AGREEMENT AMONG

673d AIR BASE WING, THE ALASKA STATE HISTORIC PRESERVATION OFFICER, AND

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING THE

OPERATION, MAINTENANCE, AND DEVELOPMENT ACTIVITIES AT

JOINT BASE ELMENDORF-RICHARDSON

AND ASSOCIATED…