The National Historic Preservation Act and Cultural Resources in NRCS

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The National Historic Preservation
ActandCultural Resources in NRCS

• Whats New
• National Environmental Compliance Workshop
• Sacramento, California
• June 14, 2005

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What are NRCS responsibilities to the historic
and cultural environment?

• Starting in 1906, federal, state, tribal and
  local governments passed numerous laws designed
  to protect our nations cultural environment.
• The most important compliance authority for NRCS
  is the National Historic Preservation Act of 1966
  (NHPA).
• Other more recent authorities (laws, regulations,
  executive orders, the 2002 Farm Bill) permit NRCS
  to take a more proactive role in protecting these
  resources.

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When do we do Section 106 Review? It is required
for

• Any project or program we fund (including
  expenditure of funds transferred to partners)
• Any technical assistance we fund or control
• Any project or program we approve, permit, or
  license
• What is new? The Federal agency, NRCS, must
  determine whether complete 106 review is
  required.

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Initiation of Section 106 Review Involves

• Determining need for full compliance/review
• Coordinating with other reviews
• Identifying, contacting, and consulting with
  appropriate SHPO, THPO, Tribal governments, and
  other parties, as appropriate
• Implementing appropriate public involvement
• Identifying other appropriate consulting parties.

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Determine Need for Complete Section 106
Review/Compliance

• Review is needed if the program, project or
  activity is an undertaking of the type that has
  the potential to affect cultural resources.
• Such determinations must consider the views of
  the required consulting parties (SHPO, THPO,
  Tribes, ACHP, appropriate members of the public)

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Coordinate with other Authorities

• National Environmental Policy Act (NEPA)
• (no examples of successful integration, rather
  coordination)
• Select State and Tribal Historic Preservation and
  Environmental Ordinances
• Native American Graves Protection and
  Repatriation Act (NAGPRA)
• Archaeological Resources Protection Act (ARPA)
• American Indian Religious Freedom Act (AIRFA)
• Executive Orders on American Indian resources,
  consultation and environmental justice

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Identify and Consult with SHPO, THPO, and Tribes,
and other Identified Consulting Parties

• NRCS State Office determines which SHPO and/or
  THPO(s) and tribes to consult.
• If THPO acts in lieu of SHPO on tribal lands and
  there are non-tribal in-holdings, these
  individuals may request SHPO participation as
  well.
• If more than one state is involved, the SHPOs may
  select a lead to act for all if more than one
  tribe is concerned, NRCS must determine how to
  best consult with each.

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Plan and Implement Public Involvement

• NRCS must plan for public involvement during
  Section 106 review that is appropriate to the
  scale and nature of the proposed project.
• This is part of the consultation process but does
  not replace it.
• If feasible, it should be coordinated with other
  public involvement activities (e.g NEPA)
• NRCS partners, cosponsors, Tribal, State and
  local may be involved.

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How is NRCS expected to comply with the National
Historic Preservation Act (NHPA)?

• Regulations for implementation of Section 106 of
  the NHPA establish a project and program review
  process for all Federal agencies.
• These procedural regulations were produced by the
  Advisory Council on Historic Preservation (36
  CFR Part 8002004).
• The process is designed to accommodate cultural
  resources and historic preservation concerns with
  the requirements of Federal program and project
  development through agency technical review and
  consultation.

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Consultation may occur in numerous settings but
it must involve active communication, not just
notification
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What is consultation in Section106 Review?

• The process of seeking, discussing and
  considering the views of and resource information
  from other participants.
• Where feasible, seeking agreement with the
  consulting parties regarding nature, extent, and
  significance of cultural resources that might be
  affected by a proposed project or program.

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Consultation occurs throughout the 106 review
process

• Makes NRCS interests and constraints clear from
  the beginning,
• Acknowledges others interests and special roles
  and knowledge,
• Permits consideration of a full range of options,
  and
• Tries to reach solutions that leave all
  participants comfortable, if not fully satisfied

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What is new in 106? Streamlined review when
certain conditions are met

• NRCS Nationwide Programmatic Agreement (PA) with
  the Advisory Council on Historic Preservation
  (ACHP) and National Conference of State Historic
  Preservation Officers (NCSHPO) that encourages
  streamlining through state-based operating
  procedures (2002).
• The PA was ratified and signed by Chief Knight in
  May 2002 after consultation (in person,
  nation-to-nation with follow-up in writing) with
  Federally recognized tribes and the other
  signatories.
• The PA will remain in effect 10 years from
  ratification and is subject to renewal unless any
  of the signatories object.

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NRCS Nationwide Programmatic Agreement (PA)
requirements

• The PA streamlines Section 106 compliance if
  certain conditions are meteach NRCS State Office
  must establish operating procedures that are
  negotiated with the SHPO and Tribes with lands or
  traditional lands in the state.
• The operating procedures are tailored to the
  resource needs, environmental conditions and
  State and Tribal laws that operate in the State.
  They are
• State Level Agreements with the SHPOs
• Tribal consultation protocols negotiated with
  individual tribes on a government-to-government
  basis.

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NRCS Nationwide Programmatic Agreement (PA)
requirements

• NRCS is to provide appropriate field and program
  staff cultural resources training
• Six of the modules are web-based and available
  through the NEDC catalogue (also used by
  consultants and TSPs)
• Two of the modules are developed by the States
  and are tailored to State and regional resource
  needs and operational procedures.

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Results of PA

• To date, we have 20 (out of a potential 52)
  up-to-date SLAs (with several more in final
  stages of negotiation) and 21 (out of a potential
  562) up-to-date Tribal consultation protocols
  (with approximately 20 more streamlined
  consultation procedures in effect with tribes
  that do not want to sign formal agreements).
• Greatly improved working relationships with our
  mandatory consulting parties, including the
  SHPOs,THPOs, Tribes, and the ACHP.
• A copy of the PA is available in your handouts.

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What else is new?

• Integration of cultural and historic resources
  and values into NRCS programs, including CTA.
• Through easements (such as FRPP, CRP, CREP, CSP)
• Through use, reuse and interpretation of
  resources (RCD, EQIP)
• Through restoration of native plant species (e.g.
  CTA in Oklahoma (Quapaw) Louisiana
  (Chitimacha))
• Public education and outreach (all programs,
  especially CTA and RCD and Alternative
  Enterprises).

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What are the benefits/results beyond compliance?

• Broadened partnerships with SHPOs, rural
  communities, especially Tribal governments, under
  EO 13287
• Program delivery to tribes provides for
  protection of traditional historic and sacred
  resourcesNRCS program delivery was ranked by
  NATHPO and DOI as among the top half dozen among
  the federal agencies.
• Web-based training has been adopted/adapted by
  other Federal and State agencies, including FWS.

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Summary Outline of NHPA Section 106 Compliance
(CONSULT THROUGHOUT)

• 1) Determine potential to affect eligible
  historic or cultural resources if yes
• 2) Identify--locate and define resources if
  found
• 3) Evaluate--determine eligibility for NRHP
  (significance) try to avoid effects if eligible
• 4) Treatdetermine if project will adversely
  affect the eligible resources if yes, design
  options to resolve these effects
• NOTE NRCS preferred option is always avoid.
  WHY?

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Any Questions?