Initiation of A Programmatic Agreement

1. Initiation of A Programmatic Agreement South Dakota State Historic Preservation Office and the Nebraska National Forests and Grasslands July 24, 2013 National Grasslands Visitor Center

2. Discussion Points • Federal Preservation Laws • National Historic Preservation Act (NHPA) and 36CFR800 • Purpose of the Programmatic Agreement (PA) • Consultation with the Public • Next Steps • Questions, Comments, and Concerns

3. Federal Preservation Laws

4. National Historic Preservation Act • Signed October 15, 1966 • First National Policy Regarding Preservation • Established • the Advisory Council for Historic Preservation (ACHP), • the State Historic Preservation Offices (SHPOs), • and the National Register of Historic Places (NRHP) • Articulated Policy Regulating Federal Undertakings • Section 106 of this Act mandates Compliance and Review Process (36CFR800 Regulations)

5. What Actions Require Section 106 Compliance? • Any federally funded, licensed or permitted project requires consideration of historic resources under Section 106 • Applies to minimum, minor and major projects. • Applies to any deliberative decision on the part of the agency – permits, plans, NEPA • Intent is to protect historic resources

6. Examples of Actions that require Section 106 Compliance include Oil and Gas Fields

7. Road Construction

8. Range Improvement Projects

9. What Is a Historical Resource? • A district, site, building, structure or object that is significant in the history, architecture, engineering, archaeology or culture of this state, its communities, or the nation.

10. Examples of Historical Resources include Harney Peak Lookout Tower, Dam, Pumphouse and Stairway

11. Beaver Creek Bridge in Wind Cave NP

12. Wounded Knee Site

13. 36CFR800 Process Applies to SHPO, Federal Agency, Proponents, and Public This current process is as follows: • Initiate the undertaking and determine if surveys are necessary • Identify historic resources • Evaluate Significance of sites in local and national context • Assess whether the project will adversely affect any significant resources • Resolve Adverse Affects (if any )

14. Throughout the Compliance Process • Consult…. Consult…..Consult • One of the most important provisions in the regulation • Individuals with demonstrated interest in undertaking, local governments, tribes, applicants. • Regulations, FS policy, and recent Executive Orders (13007, 13175) call for earlier and broader public participation in the review process • Intended to ensure that people and entities most affected by federal projects have a strong voice in decisions relating to them

15. Purpose of the Programmatic Agreement (PA) A Programmatic Agreement between the NNFG and the South Dakota SHPO would • Streamline the Section 106 Process, • Minimize delays in low-risk projects, and • Allow the NNFG to complete NEPA analysis, sign decision documents, and implement projects in a more timely manner.

16. Consultation with the Public • Participation of consulting parties early and throughout the process • SHPO/THPO • Tribes • Representatives of local governments • Applicants for Federal assistance, permits, licenses, approvals • Additional consulting parties with demonstrated interests • Preservation Partners and ACHP

17. Next Steps • Take your comments and suggestions tonight • Schedule and hold meetings targeting additional interested parties (Tribes, grazing associations, and others) • Draft a document that takes public concerns into consideration • Invite the Advisory Council to participate • Allow the public and other interested parties time to review the draft document • Negotiate with the South Dakota SHPO to produce a mutually-agreed upon process

18. Questions, Comments, and Concerns