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National Park Service U.S. Department of the Interior

National Park Service U.S. Department of the Interior. Section 106 of the National Historic Preservation Act: Innovations and Lessons Learned on the DWH Oil Spill. Daniel Odess Assistant Associate Director, Cultural Resources National Park Service. PRESENTATION TO THE RRT III MEETING

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National Park Service U.S. Department of the Interior

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  1. National Park Service U.S. Department of the Interior Section 106 of the National Historic Preservation Act: Innovations and Lessons Learned on the DWH Oil Spill Daniel Odess Assistant Associate Director, Cultural Resources National Park Service PRESENTATION TO THE RRT III MEETING WILLIAMSBURG, VA January 11, 2012

  2. Outline of the Presentation • What is the National Historic Preservation Act? • What is Section 106? • When Does Section 106 Apply? • How Does It Work Normally? • How Did It Work on Deepwater Horizon? • Recommendations E X P E R I E N C E Y O U R A M E R I C A

  3. The National Historic Preservation Act (1966) + Amendments • The Primary Law Covering the Preservation and Protection of Historic Properties in the US • Includes Historic Buildings and Structures, Archeological Sites, Shipwrecks, Cultural Landscapes, and Traditional Cultural Properties • Requires Federal Agencies to Identify Historic Properties (Section 110) • Establishes the State Historic Preservation Officers (SHPOs) and Tribal Historic Preservation Officers (THPOs)

  4. What Is Section 106 of NHPA? • Requires That Historic Properties Be Considered During a Federal Undertaking, i.e., When Federal Funds Are Used Or An Action Is Directed Or Permitted By a Federal Agency. • Requires Consultation with SHPOs, Tribes, and Other Interested Parties to Ensure Their Concerns are Considered. • Routine Part of Doing Business. E X P E R I E N C E Y O U R A M E R I C A

  5. When Does Section 106 Apply? • Any Time There is a Federal Undertaking (Funds, Permits, Actions) • Oil Spill Response • NRDA Activities • Restoration and Recovery E X P E R I E N C E Y O U R A M E R I C A

  6. How Does Section 106 Work Normally? • Four-Step Process: Identification, Evaluation, Determination, Mitigation. • Done Prior To Start of Undertaking • Includes Consultation with SHPOs, Tribes, and Others • Minimum 30 Day Review / Response Time • Often Much Longer / Multiple Reviews E X P E R I E N C E Y O U R A M E R I C A

  7. How Did USCG Comply with Section 106 on the Deepwater Horizon Spill Response? Sought Assistance from Department of Interior / National Park Service Designated Historic Properties Specialist (June 16) Initiated Government to Government Consultation with Tribes Negotiated Agreements for Delegation of Authority to SHPO and Tribal Liaisons Hired SHPO and Tribal Liaisons and Embedded at ICCs Integrated 106 Into Planning and Operations E X P E R I E N C E Y O U R A M E R I C A

  8. Historic Properties Specialist (Reports Directly to FOSC at UAC) Tribal Consultation Coordinator Federal or Federal Contracted (20) Responsible Party Contracted (78) ICP ICP Houma Mobile ICP Miami Historic Properties Specialist’s Rep. Historic Properties Specialist’s Rep. Historic Properties Specialist’ Rep. SHPO Liaison (2) SHPO Liaison (2) SHPO Liaison (2) Tribal Liaison Tribal Liaison Tribal Liaison GIS Data Tech GIS Data Tech GIS Data Tech Traditional Cultural Properties Ethnographer Traditional Cultural Properties Ethnographer Traditional Cultural Properties Ethnographer Archeology Crew Chief (3) Archeology Crew Chief (5) Archeology Crew Chief (4) Archeology Crew Members (15) Archeology Crew Members (23) Archeology Crew Members (18) Administrative Support (1) Administrative Support (2) Administrative Support (1) Historic Architect Historic Architect Historic Architect Architectural Conservator Architectural Conservator Architectural Conservator

  9. USCG Response…. Directed Responsible Party to Identify Historic Properties Ensured That (nearly) All Response Activities Were Reviewed for Potential to Impact Historic Properties Reviews Were Typically Conducted in a Matter of Hours, Occasionally Up to 3 Days if Highly Complex Response Activities Modified to Protect Historic Properties Highly Effective Program of Education and Cooperation E X P E R I E N C E Y O U R A M E R I C A

  10. Recommendations Include SHPOs and Tribes in Planning and Training Ensure FOSCs Understand Compliance Responsibilities and Options Negotiate Programmatic Agreements Before an Event Identify Data Sources and Data Gaps; Establish Access Protocols Identify Sources of Expertise and Pre-Designate Historic Properties Specialists Work with the National Park Service E X P E R I E N C E Y O U R A M E R I C A

  11. Thank you! E X P E R I E N C E Y O U R A M E R I C A

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