2017/11/02 Army Environmental Program Division Cultural Resource - - PDF document

▶
2017 11 02
SMART_READER_LITE
LIVE PREVIEW

2017/11/02 Army Environmental Program Division Cultural Resource - - PDF document

Oct 16, 2022 231 likes •338 views

2017/11/02 Army Environmental Program Division Cultural Resource Legislative/Policy Mandate Kathleen McLaughlin Department of the Army Deputy Federal Preservation Officer kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726 1 Assistant Chief

slide-1
SLIDE 1

2017/11/02 1

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

1

Army Environmental Program Division

Cultural Resource Legislative/Policy Mandate

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Kathleen McLaughlin Department of the Army Deputy Federal Preservation Officer

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Army Universe
  • Cultural Resources
  • Participants
  • Legislative Mandates
  • Regulatory Mandates
  • Policy Mandates
  • Conclusions
  • Best Practices

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Objectives

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

Army Reserves

  • Of 12,000+ buildings; 2570 subject To NHPA,

194 of which are historic properties – remainder not evaluated

  • 1 Installations with National Historic Landmark (NHL)
  • 6 “installations” report tribal affiliations
  • NAGPRA compliance indeterminate
  • 770 archeological sites, 1 sacred site on OCAR installations
  • 338 of these sites subject to NHPA (146 historic properties –

152 not evaluated)

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Cultural Resources Universe

slide-2
SLIDE 2

2017/11/02 2

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Cultural Resources on Army Installations

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Installation staff / Army Command SME(s)
  • State Historic Preservation Officers (SHPO)
  • Advisory Council on Historic Preservation (ACHP)
  • Tribal Governments or Native Hawaiian Organizations (NHO)
  • National Park Service (NPS)
  • Local Governments
  • State Government
  • National/Local Special Interest Groups
  • Applicants
  • Public

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Participants

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Installation Staff (CRM, Project proponent, DPW, Legal, etc)
  • Determines the undertaking
  • Initiates and carries out the consultation process (4 Steps)
  • Makes determinations at key points
  • Requests concurrence from regulators/mitigates as required
  • Proceed with undertaking
  • Command Staff
  • Reviews documents for legislative & policy compliance
  • Approve or disapprove proposed mitigation
  • HQDA
  • Reviews contentious consultations
  • Informs leadership (ACSIM, Army Secretariat, OSD as necessary)
  • Consults with regulators, Commands, and installation to reach agreement and conclude

process

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Participants Roles

Installation

slide-3
SLIDE 3

2017/11/02 3

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • What does it do?
  • Consult with agencies on undertakings that may affect historic

properties

  • Advise and assist agencies in carrying out their preservation

responsibilities

  • Consult on sufficiency of plans to protect, manage, reduce, or mitigate

harm to historic properties

  • Opines on agency determinations within Sec 106 process/timeframes
  • What it does NOT do
  • Make determinations of effect
  • Approve or disapprove a federal undertaking

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Participants Roles

SHPO

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • What does it do?

– Mediates between local historic preservation interests and Federal officials when federal action could adversely affect historic properties – Ensure that NHPA Sec 106 review process allows stakeholders a voice in Federal decisions that impact historicproperties – Provide advice to President, Congress on historic preservation and recommend legislative and/or administrative improvements – Education of stakeholders about historic preservation – Provide implementing regulations for NHPA Sec 106 at 36 CFR Part 800

  • What it does NOT do

– Referee on conflicting opinions of eligibility – Approve or deny projects with potential impacts to historic

properties

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Participants Roles

ACHP

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Participants Roles

Tribes/NHO

  • When/how to consult?
  • Consult tribes on a government‐to‐government basis
  • Consult with tribes/NHO on undertakings that may affect protected

tribal resources, tribal rights, or Indian lands

  • Consult in accordance with requirements of applicable legislation
  • Consult early to ensure meaningful consideration of comments with

the ability to affect the decision

  • What tribes do NOT do
  • Approve or disapprove a federal undertaking (unless effects on tribal lands
  • r affecting tribal treaty rights on installation lands)
slide-4
SLIDE 4

2017/11/02 4

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

36 CFR 800.2(d) Nature of involvement. The agency official shall seek and consider the views of the public in a manner that reflects the nature and complexity of the undertaking and its effects on historic properties…agency must provide the public with information about an undertaking and its effects on historic properties and seek public comment…may use the agency’s NEPA procedures for public involvement.

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Participants Roles

Public

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Antiquities Act (1906)
  • Federal Records Act (FRA)
  • National Historic Preservation Act 1966 (NHPA)
  • National Environmental Policy Act (1969)
  • American Indian Religious Freedom Act 1978

(AIRFA)

  • Archaeological Resources Protection Act 1979

(ARPA)

  • Native American Graves Protection and

Repatriation Act 1990 (NAGPRA)

  • Religious Freedom Restoration Act 1993 (RFRA)

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Legislative Mandate

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • NHPA directs Federal agencies to establish

programs for the identification, evaluation, nomination to the National Register, and protection

  • f historic properties. Such program should include:

– Designate a Federal Preservation Officer – Sec 106 compliance procedures; – manage historic property to consider its preservation value; – preservation activities carried out in consultation with federal, state, tribal partners – Cost of preservation activities are eligible as a project cost

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

NHPA

slide-5
SLIDE 5

2017/11/02 5

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

NHPA (Cont.)

ARMY COMPLIANCE PROCESS

  • CONSULT ‐ Consider how our actions may affect cultural

resources on and off installation and consult

  • AVOID ‐ Protect these resources whenever possible
  • MITIGATE ‐ Compensate for adverse impacts
  • PROCEED ‐ Conclude consultation and execute decision

COMPLIANCE STRATEGY

  • START EARLY ‐ Integrate CRM into planning process
  • AGGREGATE ‐ National examples (in consultation)

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

NEPA

  • Use all practical means to create and maintain

conditions under which man and nature can exist in productive harmony

  • Consider aesthetic, historic, cultural,

economic, and social effects of federal action

  • Consult with tribes
  • Involve and inform public about federal

agency proposed actions

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Protects and preserves American

Indians’ inherent right of freedom to believe, express, and exercise [their] traditional religions

  • Access to sites….(42 U.S.C. 1996)
  • Review policies, in consultation with

tribes, to protect tribal religious rights and practices.

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

AIRFA

slide-6
SLIDE 6

2017/11/02 6

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Forbids disturbance of archaeological

sites on Federal and Indian land without a permit from the responsible land manager

  • Establishes permit standards
  • Prescribes criminal and civil penalties for

violation

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

ARPA

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Passed in 1990
  • Consult with tribes on existing

collection to develop inventories and summaries of “cultural items” to determine affiliation

  • Consult in advance of projects to

develop a Written Plan of Action

  • Repatriate/Transfer custody/Curate

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

NAGPRA

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

(a) In general Government shall not substantially burden a person's exercise of religion … except as provided in subsection (b) of this section. (b) Exception Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person - (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Judicial relief A person whose religious exercise has been burdened in violation

  • f this section may assert that violation as a claim or defense in a

judicial proceeding and obtain appropriate relief against a

  • government. Standing to assert a claim or defense under this

section shall be governed by the general rules of standing under article III of the Constitution.

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

RFRA

slide-7
SLIDE 7

2017/11/02 7

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • 32 CFR 229 (ARPA)
  • 36 CFR 800 (NHPA)
  • 40 CFR 1500‐1508 (NEPA)
  • 32 CFR 79 (Curation of Collections)
  • 43 CFR 10 (NAGPRA)
  • E.O. 13006 (Locating Federal Facilities on Historic Properties in

Central Cities)

  • E.O. 13007 (Indian Sacred Sites)
  • E.O. 13175 (Consultation with Tribal Governments)
  • E.O. 13287 (Preserve America)
  • E.O. 13327 (Federal Real Property Management)

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Regulatory Mandate

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

There are 4 steps in the Sec 106 process:

– Initiate the Sec 106 process – Identify and evaluate any historic properties potentially affected by the undertaking – Assess potential effects on historic properties – Resolve adverse effects and memorialize in agreement document, filed with ACHP Each step in the process requires consultation

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

36 CFR 800

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Collections

– Sec 5 Inventories of human remains and funerary

  • bjects (NIC)

– Sec 6 Summaries of unassociated funerary objects, sacred objects, objects of cultural patrimony (NIR) – Future Applicability (NIC/NIR)

  • Post Nov 16, 1990 Discoveries

– Sec 4 Inadvertent Discoveries (POA) – Sec 3 Intentional Excavations (NID)

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

43 CFR 10

slide-8
SLIDE 8

2017/11/02 8

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Encourages Federal agencies to locate

Federal facilities on historic properties in the Nation’s central cities

  • Affirms the Federal government’s leadership role

in the preservation of historic resources

  • Encourages Federal agencies to improve

preservation partnerships with States, local governments, Indian tribes, and appropriate private organizations

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

E.O. 13006

Locating Federal Facilities on Historic Properties in Central Cities

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • To the extent practicable and when not

clearly inconsistent with essential agency functions---

  • Federal agencies accommodate access to and

ceremonial use of Indian sacred sites

  • Avoid adversely affecting the physical

integrity of sacred sites

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

E.O. 13007

Indian Sacred Sites

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Requires agencies to consult with

federally-recognized tribes on a government to government basis

  • Requires agencies to have an accountable

process to ensure meaningful and timely input by tribal governments.

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

E.O. 13175

Consultation and Coordination with Indian Tribal Governments

slide-9
SLIDE 9

2017/11/02 9

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Requires a secretariat level Senior Policy

Officer

  • Endeavor to build and strengthen preservation

partnerships

  • Consider community economic development
  • Promote heritage tourism
  • Provide a Federal agency planning and

accountability report to ACHP every 3 years

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

E.O. 13287

Preserve America

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Promote the efficient and economical use of

Federal real property resources in accordance with their value as national assets and in the best interests of the Nation

  • Sec 3(b)(iii), make life-cycle cost estimations

associated with the prioritized actions; and

  • Sec 3(b)(vi), incorporate planning and

management requirements for historic property under EO 13287 [Preserve America].

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

E.O. 13327

Federal Real Property Asset Management

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • DODI 4715.16
  • DODI 4710.02
  • DODI 4710.03
  • AR 200‐1
  • Department of Army American Indian and Alaska

Native Policy (OCT 2012) and Implementing Guidance (JULY 2014)

  • OACSIM Guidance: Historic Property

Management

  • AR 210‐190

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Policy Mandate

slide-10
SLIDE 10

2017/11/02 10

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

  • Meet statutory compliance
  • Plan/program/budget to manage cultural resources in a sustainable

manner

  • Ensure sufficient/qualified staff
  • Develop/consult/implement ICRMP
  • Build enduring relationships with tribes
  • Develop Tribal Consultation Protocol
  • Provide tribes access to sacred sites
  • Evaluate Properties at 45 Y/O
  • Develop process to nominate properties to NR
  • Maximize reuse of historic buildings
  • Provide long‐term curation to federal standards
  • Consult Army National Military Cemeteries on all burial issues

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Policy Requirements

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

Challenge

  • Disturbance or destruction of cultural resources on Army land is a

violation of Federal law(s), and could be easy to do if you are not thinking about it. It can result in lengthy and expensive work stoppage and litigation and has career implications.

Solution

  • As early as possible in the planning stages to build, alter, dispose of,

dig, or train on Army land . . . – Consult with your cultural resources experts to ensure that you are not disturbing cultural resources, and – Document in administrative record that you have taken appropriate steps to comply with all requirements and mitigate the damage.

Conclusions

Assistant Chief of Staff for Installation Management Assistant Chief of Staff for Installation Management

kathleen.a.mclaughlin8.civ@mail.mil (571) 256-9726

Army Environmental Program Division

  • Develop Predictive/Significance Models
  • Advance Planning & Coordination with CRM
  • Explain mission requirements and potential affects to

historic properties

  • Develop PA for routine training

– Exclusionary/mitigative/combination

  • Maintain GIS with survey areas, sites, UXO, previous

ground disturbance, constraints, etc.

  • Briefings and handouts prior to training events
  • Site protective measures (Seibert stakes, natural

topography/boulders, fencing, site hardening)

Best Practices