Department of the Interior to Initiate Process for Canceling Lease in the Badger-Two Medicine Area
In a court filing dated November 23, 2015, the Department of the Interior (DOI) indicated its decision to initiate the process for the cancellation of the lease that includes the Badger-Two Medicine Area. The DOI noted that it has reached the tentative conclusions that the lease was issued without proper compliance with the National Environmental Policy Act and the National Historic Preservation Act (NHPA) and that, therefore, the lease can be voided.
Earlier this fall, as part of a review under Section 106 of the NHPA, the ACHP sent its formal comments to the Secretaries of the Interior and Agriculture regarding the proposed release from suspension of a Permit to Drill by Solenex LLC in the lease area. See those ACHP comments here. The court filing acknowledged those comments from the ACHP and their recommendations that the Permit to Drill be revoked, that the lease be cancelled, and that the agencies ensure that future mineral development in the area does not occur.
New Spanish Version Available for Citizen’s Guide
The ACHP is pleased to offer one of our most popular publications—the Citizen’s Guide to Section 106 Review—now in Spanish. We hope it will be useful for people who are more comfortable reading in Spanish. Feel free to contact the ACHP via our Spanish email address if you have inquiries: email@example.com.
El ACHP se complace en ofrecer una de nuestras publicaciones más populares – la Guía del Ciudadano Sobre la Revisión de Proyectos Conforme a la Sección 106 – ahora en español. Esperamos que sea útil para las personas que les resulta más cómodo leer en español. Si tiene preguntas, no dude en contactar al ACHP, en español, a través de esta dirección de correo electrónico: firstname.lastname@example.org.
Manhattan Project Historical Park Takes Big Step Toward Realization
On Nov. 10, Interior Secretary Sally Jewell and Energy Secretary Ernest Moniz signed a Memorandum of Agreement establishing the Manhattan Project National Historical Park. The agreement governs how the National Park Service and the Department of Energy (DOE) will work together to preserve, protect, and provide access to the historic resources associated with the Manhattan Project at locations in Oak Ridge, Tennessee; Los Alamos, New Mexico; and the Hanford Site in Washington. Read more.
2016 Training Schedule Now Available!
The ACHP is pleased to announce its 2016 ACHP Section 106 training schedule. ACHP staff instructors will offer training in cities nationwide next year. Join us for interactive courses that feature practical guidance and opportunities to apply learning in case-based exercises. Read more.
The ACHP’s Recommendations on Tribal-Federal Relationships
The ACHP announces its new Recommendations for Improving Tribal-Federal Relationships.
These recommendations were developed in response to issues raised by both Indian tribes and federal agency officials in Section 106 reviews and in two regional summits co-hosted by the ACHP. The purpose is to encourage Section 106 participants to work together outside of individual project reviews to develop meaningful partnerships. The recommendations should be helpful for federal agencies, Indian tribes, State Historic Preservation Officers, and applicants.
USDA Secretary Vilsack Recommends Cancelling Drilling Leases in Western Montana
On Nov. 2, Secretary of Agriculture Thomas Vilsack recommended to Secretary of the Interior Sally Jewell cancellation of leases in the Badger-Two Medicine area of the Lewis and Clark National Forest in western Montana. That recommendation was consistent with comments sent by the ACHP to both secretaries earlier this fall on the impacts of energy development on historic properties in the area. The Department of the Interior must now decide the matter. The ACHPprovided its comments after Section 106 consultation for these leases was terminated. The ACHP hosted a public meeting in Choteau, Montana, and received hundreds of public comments. Read the letter from Secretary Vilsack here. Read the ACHP comments here.
ACHP Receives FHWA Award
At the ACHP fall business meeting November 4 in Washington, D.C. representatives from the Federal Highway Administration presented ACHP Chairman Milford Wayne Donaldson with their 2015 Federal Highway Administration Environmental Excellence Award for Section 106 programmatic work in California. Pictured from left are Marlys Osterhues, Chairman Donaldson, and Gerald Solomon.
ACHP members also discussed plans for the 50th anniversary of the National Historic Preservation Act which will be celebrated next year, as well as passed motions supporting cultural resources and climate change, enhanced use leasing of Department of Veterans Affairs buildings, and the National Park Service Centennial bill. Council members also discussed outreach to underrepresented communities in the historic preservation arena and a recent Latino listening session in New Mexico.
The ACHP's Guidance on Preservation Conditions is Now Available!
The ACHP announces its new "Guidance on the Use of Real Property Restrictions or Conditions in the Section 106 Process to Avoid Adverse Effects," now on our Web site. It is best viewed from Google Chrome or Firefox.
Federal agencies transfer real property out of federal ownership in a variety of ways and for a variety of reasons. When transferring historic properties out of federal control, they often use preservation conditions to accompany these transfers. Sometimes referred to as covenants or easements, preservation conditions are restrictions and conditions on transfers of federal real property, put in place prior to transfer and written in such a way that they are adequate and legally enforceable to ensure the long-term preservation of a historic property's significance. The guidance seeks to help property managing agencies develop sound conditions to support a no adverse effect finding for Section 106 property transfer undertakings. It should also educate historic preservation stakeholders and the public who are often engaged in the development of such conditions and amendments to them. The concepts in the guidance should be useful for permitting and assistance agencies as well. (Read more.)
ACHP to Meet November 3-4 in D.C.
The Advisory Council on Historic Preservation will gather for its fall business meeting Nov. 3-4 in Washington, D.C. Also that week, preservationists from across the country will be in the nation's capital for the National Preservation Conference, in which the ACHP is playing several roles.
BLM, CA SHPO, and ACHP Finalize Travel Plan PA
A programmatic agreement (PA) for the West Mojave Plan Environmental Impact Statement and the West Mojave Route Network Project was executed on September 30, 2015, in Sacramento, California. The PA was the result of intense consultations led by the Bureau of Land Management (BLM) to efficiently address the off-highway vehicle route network in a travel plan that will govern 15,000 miles of routes in the West Mojave Desert. The objectives of the BLM's West Mojave Plan Amendment are to create a sustainable travel and transportation system that provides access to public lands for a range of uses which compliment specific management goals, including protecting historic properties. Read more.
ACHP Comments to Secretaries of Agriculture and Interior regarding the release from suspension of a Permit to Drill in the Lewis and Clark National Forest, Montana
The Advisory Council on Historic Preservation (ACHP) on September 21, 2015, provided its comments on the historic preservation issues regarding the proposed release from suspension of the Permit to Drill to Solenex LLC in the Lewis and Clark National Forest in western Montana.
In addition to the comments specific to the permit, recommendations were included for program improvements in federal minerals leasing practices, and in the coordination and transparency of federal roles in such Section 106 reviews. The full comments, and the letters conveying them to Secretary Thomas Vilsack and Secretary Sally Jewell, are available here.
The ACHP was obligated to provide the comments by September 21, 2015, after consultation was terminated because agreement could not be reached among the consulting parties. Termination of consultation is a rare outcome for a Section 106 case. While approximately 100,000 Section 106 consultations are initiated every year, on average only one every year or two result in termination and the development of comments by the ACHP. The heads of agencies receiving such comments from the ACHP are required to consider them in making the final decision regarding the undertaking at issue, but are not required to follow the ACHP's recommendations.
Association of State Floodplain Managers Outreach on Historic Buildings
The Association of State Floodplain Managers (ASFPM) is going to be running a series of articles in its newsletter about historic buildings in flood plains. The first appears on page 9 of the August issue. Read it here.
Section 106 Success Story of the Hunley Gets a Lift
Confederate submarine the H.L. Hunley comes out of her shell!
For the first time in over a century, you can actually see the original surface of the world’s first successful combat submarine. Until recently, the Hunley was completely encased in concretion, an encrusted layer of sand, sediment and shells that built up slowly over time while she was lost at sea. This material is being removed so that the conservation treatment can be completed with the hopes of ensuring the historic submarine is preserved for generations to come. Watch video.
New Applicant Guidance for Unified Federal Review for Disaster Recovery
The ACHP, in coordination with the inter-agency Steering Group comprised of the Department of Homeland Security, the Federal Emergency Management Agency, and the Council on Environmental Quality, is pleased to announce the release of the Unified Federal Environmental and Historic Preservation Review Guide for Federal Disaster Recovery Assistance Applicants (Applicant Guide). The issuance of this Applicant Guide is an important step in the implementation of the Unified Federal Review (UFR) Process, established in July 2014 through an interagency Memorandum of Understanding. Read more.
ACHP Electronic Section 106 System Now Available to All Federal Agencies
The ACHP is pleased to announce the availability of its voluntary Electronic Section 106 Documentation Submittal System (e106) for use by any federal agency (or officially delegated non-federal entity) when notifying the ACHP of a finding of adverse effect, inviting the ACHP to be a consulting party to resolve adverse effects, or proposing to develop a Programmatic Agreement for complex or multiple undertakings.
The e106 system is designed to improve the efficiency, effectiveness, and transparency of the Section 106 review process by providing federal agencies with an electronic submittal system that serves to expedite a critical step in Section 106 review and encourage complete and accurate submissions that can be shared with others. Read the announcement regarding the availability of this system; view the format form and instructions.
While federal agencies can continue to send hard copy documentation to the ACHP via regular mail, or electronically as a pdf, all agencies are encouraged to utilize e106 in their submissions to the ACHP.
Historic Preservation Grant Opportunity
The James Marston Fitch Charitable Foundation is offering research grants for mid-career historic preservation professionals! Read more.
Walla Walla Veterans Administration Medical Center Gets New Use
Recently a historic preservation effort at the Walla Walla Veterans Administration Medical Center came to larger light through a report by local media. The ACHP wants to share this example of great federal stewardship coupled with enlightened local initiative with the larger historic preservation community. Read more.
New England Native Youth Event Encourages Historic Preservation Careers
As part of the ACHP’s growing Native Youth Program, in late July it co-hosted a day-long event to introduce Native youth from Southern New England to the field of historic preservation to discuss issues, concerns, and career opportunities. Members of the Mohegan, Mashantucket Pequot, Eastern Pequot, Mashpee Wampanaog, Aquinnah Wampanaog, and Nipmuc tribes participated. Professors from the University of Rhode Island Graduate School of Oceanography are training Narragansett students in underwater cultural resource management and also attended. Read more.
ACHP Meets in DC
The Advisory Council on Historic Preservation met for its summer business meeting July 15 in Washington, DC in the Russell Senate Office Building. Charleston, South Carolina, Mayor Joseph P. Riley Jr. was sworn in as the newest member of the ACHP, appointed by President Obama to represent the country’s mayors on the council.
Members voted to amend the agency’s operating procedures allowing for expedited action regarding legislative matters in order for the ACHP to comment to Congress or the Administration. They adopted an action plan which spells out ways the ACHP can encourage and support federal agencies in assisting State and Tribal Historic Preservation Offices in carrying out essential Section 106 historic preservation activities. A key part of that plan is working with federal agencies in the Administration to encourage full funding of the Historic Preservation Fund. The ACHP membership passed a motion in support of the National Historic Preservation Amendments Act currently pending in Congress. The bill would reauthorize the Historic Preservation Fund for the next 10 years.
ACHP members also heard a presentation from Vincent L. Michael, Ph.D., a global preservationist and leader in the preservation field. Members discussed how the ACHP can take a leadership role in developing recommendations for future preservation policy in the context of the National Historic Preservation Act and the National Historic Preservation Program.
Members also discussed outreach to youth, Asian Americans, Latinos, and others in the ongoing mission to involve more people in preservation. ACHP members reviewed and adopted recommendations that support engaging Asian American and Pacific Islander communities in historic preservation. These follow-up actions complement work being done by preservation partners.
Members of the Suquamish Tribe’s Youth Council attended the meeting and offered a traditional song in thanks for the ACHP's support.
First Lady Designates New Preserve America Communities and Stewards
First Lady Michelle Obama has notified officials in five municipalities that they are being recognized as Preserve America Communities, bringing the total nationwide to 900 designations. Three additional volunteer programs that help preserve heritage have also been named Preserve America Stewards, increasing the ranks of organizations so designated to 50. Read more.
Diving With A Purpose Receives Chairman’s Award
The innovative program that trains volunteer maritime advocates to assist in the stewardship of heritage assets in national parks and national marine sanctuaries was honored by the ACHP July 14. Diving With A Purpose, National Association of Black Scuba Divers, National Park Service, and the National Oceanic and Atmospheric Administration are the program partners. The program also introduces young people to maritime and archaeology careers. Watch this video about the Youth Diving With A Purpose program! Read More.
National Trust Blog on Section 106 Offers Insight
Historic Preservation Partner, the National Trust for Historic Preservation has created a six-story story series of blog posts on Section 106. ACHP Chairman Wayne Donaldson led off the series with this blog: Section 106 Works. The remaining stories are also of interest and can be found here:
Section 106 E-Newsletter Now Available
The ACHP's Office of Federal Agency Programs has designed this newsletter especially for federal agency officials, SHPOs and THPOs and their staff, Indian tribes, Native Hawaiian organizations, and others who work with Section 106 every day. The goal is to help stakeholders participate effectively in the Section 106 process by keeping them informed of recent Section 106 news, advice, and training from the ACHP. Read the e-newsletter here. Email email@example.com if you want to receive the e-newsletter in your inbox.
Email firstname.lastname@example.org if you want to receive the e-newsletter in your inbox.
National Historic Preservation Act Has Moved!
As you may have heard, the National Historic Preservation Act (NHPA) has a new home in the United States Code (U.S. Code), the official compilation of federal statutes. While the NHPA was previously codified at title 16 of the U.S. Code, effective December 19, 2014, it was moved to title 54. Please find the law codifying the NHPA in title 54 here. The provisions of the newly codified NHPA may be found starting at section 300101. Read more.
USDA Natural Resources Conservation Service Develops Prototype PA Giving States Flexibility in Completing Historic Preservation Reviews
The Advisory Council on Historic Preservation (ACHP) is pleased to announce it has designated a Prototype Programmatic Agreement (PA) for the use of the Natural Resources Conservation Service. This useful prototype allows the federal agency flexibility in their Section 106 work with farmers and landowners across the U.S. Read more.
The ACHP's Guidance on Agreement Documents is Now Available!
The ACHP is pleased to announce the availability of its new "Guidance on Agreement Documents" (GAD) now on our Web site at http://www.achp.gov/agreementdocguidance.html. It is best viewed from Google Chrome or Firefox.
Memoranda of Agreement and Programmatic Agreements play a critical role in documenting a federal agency's commitment to carry out and conclude its responsibilities under Section 106 of the National Historic Preservation Act (NHPA). GAD will assist all consulting parties—federal agencies, states, Indian tribes, Native Hawaiian organizations, applicants, local governments, and other stakeholders–to draft clear, concise, and complete Section 106 MOAs and PAs. Use of this guidance can also help minimize disputes regarding agreed upon measures down the line and save time that is better spent seeking creative and innovative ways to avoid, minimize, or mitigate adverse effects to historic properties. Read more.
ACHP Showcases Agreement Documents
In hundreds of cases throughout the country, the ACHP participates in consultation on the development of Section 106 agreement documents that evidence federal agency commitments to resolving adverse effects on historic properties that might result from their actions. Read more about these documents and agency transparency.
ACHP Announces Release of Section 106 Applicant Toolkit
Read the ACHP’s press release about the Section 106 Applicant Toolkit. This Toolkit provides helpful tips and advice for applicants navigating the Section 106 process to make better informed decisions to improve outcomes in the review process and avoid unnecessary delays. It includes an overview of the Section 106 requirements and step by step guidance on consulting with states and Indian tribes, engaging stakeholders, and avoiding inadvertent activities that may adversely affect historic properties. Explore the toolkit here.
ACHP and CEQ Release Handbook on Coordination of Important Federal Processes
Today, the White House Council on Environmental Quality and the ACHP released a handbook designed to help coordinate required review processes under the National Historic Preservation Act and the National Environmental Policy Act. The handbook stands to significantly improve the coordination of environmental reviews across the government. This handbook provides practical advice to practitioners and stakeholders to improve the efficiency and effectiveness of federal agenciesí environmental review.
Read the press release.
Read the handbook.
Read more from CEQ and the ACHP about this important guidance.
ACHP Guidance on Reasonable and Good Faith Efforts
Read the policy issued by ACHP.
Web-based Archaeology Guidance Now Available
D.C.—The Advisory Council on Historic Preservation has developed
new archaeology guidance to assist federal agencies in meeting their
responsibilities under Section 106 of the National Historic
Preservation Act. The guidance is available at: www.achp.gov/archguide. Read more.
ACHP News Archive
Section 106 Archaeology Guidance
ACHP Guidance on Program Comments as a Program Alternative
Register for the ACHP's Section 106 Course
Economic Issues in Historic Preservation