Alaska Region Programmatic Agreement

t.Interagency Collaboration

1. 
   The SHPO (and the ACHP, if necessary) will review the Annual Report and will provide comments, if any, to the FS within 60 calendar days of receipt.
   
2. 
   The FS and the SHPO may meet annually to review the terms of this PA to determine whether amendment or other action is appropriate.
   
3. 
   SHPO staff will participate in the FS Monthly Regional Heritage Program calls.
   
4. 
   The SHPO agrees to use the NFS CRR to populate the AHRS database for new and updated cultural resource information from the FS. FS Heritage staff will transition to using the NFS CRR.
   
5. 
   The FS and SHPO will be mutually responsible for accuracy of their respective records systems.
   
6. 
   The FS and the SHPO mutually agree to share current information regarding any cultural resources reported on FS lands.
   
7. 
   Heritage Professionals may conduct field surveys for cultural resources on State intertidal lands and on a case-by-case basis in consultation with the SHPO.
   

1. 
   Field surveys conducted on State intertidal lands will not require FS Heritage Professionals to obtain Alaska State Field Archaeology Permits.
   
2. 
   Work conducted on other State lands may require a permit.
   
3. 
   The FS shall collect the minimum amount of data needed to make a determination of eligibility. Any collections remain the property of the State of Alaska and shall be curated in an OHA approved repository in accordance with State collection policies.
   
4. 
   All such work is conducted in a collaborative sense of shared stewardship responsibilities.
   

u.Coordination with Other Federal Reviews

1. 
   A Federal agency that is not a Signatory may use this Agreement to satisfy its Section 106 responsibilities for this Undertaking by notifying the Signatories in writing that it agrees to the terms of the Agreement. An amendment need not be executed to add the Federal agency as an invited signatory requesting to use the Agreement and to grant it all the rights and responsibilities stated therein.
   
2. 
   Any Federal agencies using this Agreement to satisfy its Section 106 responsibilities agrees to coordinate submittals to the SHPO with the FS.
   

v.Training

1. 
   FS Heritage staff, including temporary or seasonal staff, shall receive training in the procedural requirements of 36 CFR 800, and in the use and implementation of this PA as an alternative to standard Section 106 procedures. Trainers include but are not limited to in house, National Preservation Institute, ACHP, and SHPO; both classroom and online courses are available.
   
2. 
   FS Heritage staff shall receive refresher training in standard Section 106 procedures every three years while this PA is in effect.
   
3. 
   The SHPO and the FS shall collaborate to prepare implementation guidelines for the use of this PA by Heritage staff and Line Officers. Completion of implementation guidelines shall be accomplished within 12 months from the effective date of the PA.
   
4. 
   New FS Heritage staff and Line Officers shall be provided orientation to the use of this PA within the first six months of their hiring.
   
5. 
   Any Forest or District that is suspended from use of this PA, per Section XIII. Suspension, for any period of time, must ensure that the Line Officer and District staff complete training in standard Section 106 procedures.
   

w.Dispute Resolution

1. 
   If, within 30 calendar days after receipt of any documents provided for review pursuant to this PA, any Signatory Party objects to any portion of this agreement or to the manner in which this PA is being implemented, all parties will enter into consultation to determine whether the objection can be resolved. If the matter cannot be resolved, the ACHP shall be asked to review the objections.
   
2. 
   Within 30 calendar days the ACHP will either:
   
   1. 
      Provide the FS with recommendations, which the FS shall take into account in reaching a final decision; or
      
   2. 
      Notify the FS that it will comment pursuant to 36 CFR 800.7(c) and proceed to comment. Any ACHP comment provided in response to such a request shall be taken into account by the FS in accordance with 36 CFR 800.7(c)(4) with reference to the subject of the dispute.
      
   3. 
      Any recommendation or comment provided by the ACHP will be understood to pertain only to the subject of dispute. The FS responsibility to carry out all actions under this PA that are not the subject of dispute will remain unchanged.
      

1. 
   At any time during implementation of the measures stipulated in this PA, should an objection to any measure be raised by an Alaska Native Tribe, Alaska Native Corporation, or stakeholder, the FS shall take the objection into account and consult as needed with the objecting party, the SHPO, others as needed, and the ACHP if necessary to resolve the objection.
   

x.Amendments

1. 
   Appendices. Upon written agreement of the Signatories, any appendix to this PA may be modified without formal amendment to this PA. Modifications shall be distributed to the Signatories and concurring parties and appended to this PA.
   
2. 
   Body of PA. The Signatory Parties may propose amendment of this PA at any time, whereupon the Signatories shall consult to consider such amendment. The amendment process culminates in the issuance of Amendments after all Signatories concur, which are administratively appended to the PA on their effective date.
   

y.Suspension

1. 
   Each Forest and District participates independently in this PA.
   
2. 
   Failure of a Forest to have a qualified Heritage Professional officially carrying out the responsibilities of the Forest Archeologist/Heritage Program Manager for more than 60 days may result in the Forest and all its Districts being suspended from participation in this PA.
   
3. 
   Any Forest or District may be added or suspended without affecting participation of the others.
   
4. 
   The decision to add or suspend a Forest or District’s participation in this PA shall ultimately be made by the Regional Forester, following consultation with the Signatory Parties and the appropriate Line Officer.
   

1. 
   The Regional Forester shall monitor compliance with the terms of this PA and may upon his or her own initiative suspend a Forest or District participation in this PA.
   
2. 
   Before a Forest or District is suspended from use of this PA, representatives of the Regional Forester and the SHPO will meet with the appropriate Line Officer to develop remedial steps to resolve any concerns that led to the suspension proposal. A remediation plan will be developed, signed by the Line Officer and SHPO, and submitted to the Regional Forester for review.
   
3. 
   Failure by the Forest or District to carry out the remediation plan within the timeframe proscribed will result in suspension of the Forest or District from the PA. A Forest or District suspended from this PA must follow the standard Section 106 procedures described in 36 CFR Part 800 with regard to all undertakings.
   
4. 
   Suspension may be lifted by the Regional Forester after the Forest or District has carried out the remediation plan to the satisfaction of the Regional Forester and the SHPO.
   
5. 
   A Forest or District that has been suspended from this PA may be placed on a probation period after suspension is lifted. During a probation period, the Forest or District may be required to provide additional documentation, negotiated with the SHPO and Regional Forester, regarding compliance activities.