Alaska Region Programmatic Agreement

STIPULATIONS

a.Qualifications, Standards, Consultation, and Streamlined Procedures

b.Professional Qualifications

1. 
   The Forests shall employ Historic Preservation staff (Heritage Professionals) and employ non-government personnel through the use of contracts or agreements or other instruments, who meet the following professional qualification standards.
   
2. 
   FS personnel Heritage Professionals shall meet professional qualifications standards established by the Office of Personnel Management [§ 306131² (a)(1)(B)] and found at FSM 2360.5, FSM 2360.91.1, and Forest Service Handbook (FSH) 2309.12.04.1.
   
3. 
   The FS may use the services of para-professionals provided they have been trained in historic preservation in a training program to be developed in the future in consultation with the SHPO, and are supervised by FS personnel Heritage Professionals who meet the above professional qualifications.
   
4. 
   All non-government personnel shall meet the professional qualifications standards found in the Secretary of the Interior's Professional Qualifications Standards and Guidelines for Archeology and Historic Preservation as described at 36 CFR 61.
   

c.Professional Standards

The FS shall, per § 306131 (a)(1), be responsible for the protection of historic properties and will ensure that all actions taken by employees or contractors of the agency meet professional standards by maintaining a viable Heritage Program as evidenced by policies and procedures outlined specifically in FSM 2360 and FSH 2309, as well as other FS directives.

d.Tribal Consultation and Participation

The FS shall consult with Alaska Native Tribes and Alaska Native Corporations about potential properites of religious and cultural significance or sacreds sites or sacred places as defined in FSM 1563.05 that may be affected by FS undertakings pursuant to 36 CFR 800.2(c)(2) in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties during planning and implementation regardless of whether the PA applies or not.

e.Other Interested Parties, Including Non-federally Recognized Tribes

1. 
   The FS shall seek and consider the views of stakeholders in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties and the likely interest of the public in the effects on historic properties pursuant to 36 CFR 800.2(5)(d).
   
2. 
   The FS may choose to exclude undertakings from the provisions of this PA and to follow standard Section 106 procedures at 36 CFR 800 if stakeholder input demonstrates it is in the best interests of the resources or the Agency (See Section III. Standard Section 106 Procedures.).
   

f.Streamlined Section 106 Procedures

If the Heritage Professional has determined that all of the criteria below have been satisfied, streamlined procedures under this PA may be used and no further consultation with SHPO is necessary unless circumstances warrant otherwise. If one or more criteria are not met, the undertaking shall be subject to standard Section 106 procedures at 36 CFR 800 (See Section III.a. Returning to Standard Section 106 Procedures).

1. 
   The Area of Potential Effects (APE) has been identified. The APE is identified by the Heritage Professional per FSM 2364.11.2.2 who will consider the direct, indirect, and cumulative effects of the undertaking, including effects that might compromise the visual integrity of surrounding historic properties, historic districts, or National Historic Landmarks (NHL). The APE is not the same (although it can be) as the “project boundaries" as defined in the National Environmental Policy Act (NEPA). The APE can be smaller, or larger, and may include multiple APEs.
   
   1. 
      When the APE falls within the boundary of a NHL, FS will consult with National Park Service on the undertaking.
      
2. 
   Appropriate identification and evaluation research has been carried out to the degree required to make decisions regarding the historic properties that may be affected by this undertaking (See section II.b. Identification and Appendix D: Inventory Strategy).
   
3. 
   Known cultural resources identified within the APE have been evaluated for the National Register or have not been evaluated but are to be treated as eligible per FSM 2363.22 and the provisions at II.c of this PA.
   
   1. 
      Exception – When a Heritage Professional determines a reevaluation is necessary.
      
4. 
   Preliminary planning indicates a Finding of “no historic properties affected” (36 CFR 800.4[d][1]) or “no adverse effect” [(36 CFR 800.5(b)] for the undertaking on all known historic properties within the APE.
   
5. 
   The undertaking falls into one of the categories included in Appendix B: Authorized Undertakings.
   
   1. 
      If the undertaking involves a historic building or structure, Appendix B: Authorized Undertakings, can be used if a baseline recordation exists and the existing condition is documented.
      

g.General Procedures

1. Integrating with the NEPA

1. 
   The FS may follow 36 CFR 800.8 in coordination or substituion procedures with the NEPA for Environmental Analysis (EA) or Environmental Impact Statements (EIS) and use guidance provided in NEPA and NHPA: A Handbook for Integrating NEPA and Section 106 by the Council on Environmental Quality, Executive Office of the President and the ACHP (2013) for any agency activities requiring the development of an EA/Finding of No Significant Impact (FONSI) or EIS/Record of Decision (ROD).
   
2. 
   Procedures at 36 CFR 800.4(b)(2) will be followed for phasing identification and assessment of effects in order to accommodate consideration of project alternatives in the NEPA process.
   

1. Identification

1. 
   The Heritage Professional shall use the best available methods for identifying historic properties in the APEs for undertakings. In addition to standard literature and archival research, the FS may use current predictive models developed for locating historic properties on FS lands. In all cases, the Heritage Professional will use current professional standards in carrying out identification activities:
   

1. 
   Heritage Professionals will follow the guidelines set forth in FSM 2363 and FSH 2309.12.30 to identify, evaluate, and allocate cultural resources to a management category. The direction contained within FSH 2309.12.30 applies to these activities regardless of whether they are conducted under Section 106 or Section 110 of the NHPA as amended, or ARPA or other authorities.
   
2. 
   Heritage Professionals, in keeping with the Secretary of the Interior’s Standards for Identification, will use their best professional judgement in creating an appropriate cultural resource identification strategy "undertaken to the degree required to make decisions".
   
3. 
   “Probability zones” of “High” or “Low” which are predictors of potential cultural resource density, are based on existing statistical probability models (Appendix D: Inventory Strategy) and will be reviewed and updated annually as needed.
   
4. 
   Predictive modeling is based on current research relating to isostatic rebound and landscape level changes, including ancient shorelines, fossil beaches, refugia, and submerged cultural resources (Appendix D: Inventory Strategy). Models will be tested and updated on a continuing basis.
   
5. 
   Heritage Professionals shall ensure that any previous surveys in the APE meet current standards, and if not shall re-survey the APE to current standards in effect at the time of the undertaking.
   

h.Evaluation of Historic Properties

1. 
   Properties will be evaluated for eligibility using criteria at 36 CFR 60.4 as determined appropriate by a Heritage Professional.
   

1. 
   Historic properties that have been formally evaluated and have received SHPO concurrence shall be covered under the terms of this PA.
   
2. 
   Cultural resources which have been identified, but have not been formally evaluated for eligibility to the National Register shall be treated as eligible historic properties per FSM 2363.22 under the terms of this PA.
   
3. 
   At any time, a Heritage Professional may determine that it would be more expeditious to evaluate a property for eligibility to the National Register.
   
4. 
   The Heritage Professional shall determine whether a property’s eligibility evaluation requires updating prior to an undertaking.
   

i.Assessment of Effects (Findings)

1. 
   A Finding of “no historic properties affected” [36 CFR 800.4(d)(1)] shall be applied to undertakings for which the Heritage Professional has determined there will be no effects to historic properties.
   
2. 
   A Finding of “no adverse effect” [36 CFR 800.5(b)] shall be applied to undertakings for which the Heritage Professional has determined there will be no adverse effects to historic properties.
   
3. 
   Cumulative effects must be included in the assessment of effects and if there is a reasonable foreseeable potential for an “adverse effect”, a Finding a “no adverse effect” cannot be applied unless conditions are imposed to avoid them per 36 CFR 800.5(b). Examples include:
   

1. 
   Activities that practice Leave No Trace principals such as camping, hiking, and picnicking in areas near or on historic properties provided that the areas where activities occur are not subject to large volumes of visitor traffic that may cause adverse effects through overuse.
   
2. 
   Activities that practice “Avoidance” of historic properties as a matter of FS policy such as rerouting trails, road realignments, changes in designs, or limitations in visitor numbers.
   

iv. When the Heritage Professional determines that an undertaking will result in an “adverse effect” [36 CFR 800.5(d)(2)], then the undertaking shall be subject to standard Section 106 procedures at 36 CFR 800 (See Section III.a. Returning to Standard Section 106 Procedures).

j.Monitoring Activities

1. 
   To ensure compliance with the PA, Heritage Professionals shall monitor activities during or post-implementation, as described in conditional findings of effect and MOA stipulations, to ensure that the conditions or stipulations were adhered to satisfactorily.
   
2. 
   Should monitoring efforts reveal that historic properties are being adversely affected, the SHPO shall be notified and standard Section 106 procedures shall be followed (Section III.a Returngin to Standard Section 106 Procedures.).