May is Historic Preservation Month! Celebrate with Us!
Since the National Trust for Historic Preservation created Preservation Week in 1971 to spotlight local preservation efforts in America, the celebration has grown. Preservation Month is observed by small towns and big cities with events ranging from architectural and historic tours and award ceremonies, to fundraising events, educational programs, and heritage travel opportunities. Celebrations take place all over the country during May. Read more here for information on what is happening from the West Coast to the East Coast.
ACHP and Seminole Tribe of Florida Sign Historic Agreement
The ACHP and the Seminole Tribe of Florida have entered into an agreement for federal projects on tribal lands to be reviewed under the tribe’s Cultural Resource Ordinance rather than the ACHP’s regulations. The signing ceremony took place during the ACHP’s business meeting March 24, 2015, in Tampa, Florida, the Seminole Tribe’s ancestral homelands. Section 101(d)(5) of the National Historic Preservation Act authorizes the ACHP to enter into agreements with Indian tribes for undertakings on tribal lands to be reviewed under tribal regulations rather than the ACHP’s regulations. This historic agreement affords the Seminole Tribe the ability to exercise sovereignty and self-determination regarding its cultural heritage on its lands. The Seminole Tribal Historic Preservation Office runs a state-of-the-art preservation program and is well positioned to assume these responsibilities. This is the second such agreement the ACHP has entered into. The first was with the Narragansett Indian Tribe in Rhode Island.
ACHP Meets in Tampa
Members of the Advisory Council on Historic Preservation met in Tampa, Florida, March 23-24 for their spring business meeting. Members toured historic Ybor City and West Tampa and met with Latino and Hispanic leaders to hear first-hand about preservation challenges in the city’s Latin quarters. They also conducted business such as adopting a strategic plan addressing youth involvement in historic preservation across the federal government, and support for several bills pending in Congress. Read more here.
Dayton Veterans Affairs Medical Center Historic Gardens Wins Chairman’s Award
The ACHP bestowed its Chairman’s Award for Achievement in Historic Preservation March 8 on a project at the Dayton, Ohio, Veterans Affairs Medical Center. Its historic Grotto and Gardens, a National Historic Landmark District, is being brought back to its former renown by a dedicated team of volunteers, veterans, and other partners. Read more here. Read the Section 106 Success Story about this project here.View a photo presentation of the award-winning Grotto project.
HUD Announces National Disaster Resilience Competition Winners
See the profiles of state winners and learn how to prepare for potential disaster scenarios. Read this from HUD.
ACHP Receives Section 213 Report on Tinian National Historic Landmark
The ACHP received its requested Section 213 Report from the National Park Service regarding the Tinian Landing Beaches, Ushi Point & North Fields, Tinian Island National Historic Landmark in the Commonwealth of the Northern Mariana Islands and the proposed United States Marine Corp Commonwealth of the Northern Mariana Islands Joint Military Training (CJMT) Project. Click here to learn more about the project and to read the report.
PA for Desert Renewable Energy Conservation Plan Now In Effect
ACHP Chairman Milford Wayne Donaldson, along with Bureau of Land Management (BLM) State Director Jerome E. Perez, and California State Historic Preservation Officer Julianne Polanco signed a Programmatic Agreement for the Desert Renewable Energy Conservation Plan in early February. This agreement marks a significant step forward in the BLM's efforts to incorporate historic preservation values in its planning efforts. Read more.
Movement in Congress on Historic Preservation Fund Reauthorization
On February 11, the House Natural Resources Subcommittee on Federal Lands held a hearing on the National Historic Preservation Amendments Act (H.R. 2817), a bill that would reauthorize the Historic Preservation Fund (HPF). The HPF provides vital funding support to the partnership between federal, state, tribal, and local governments working to preserve historic properties. While the Subcommittee did not take formal action, statements and questions from its members suggested general bipartisan support for reauthorizing the HPF.
The National Park Service testified in support of the bill, as did the National Conference of State Historic Preservation Officers. In advance of the hearing, the ACHP submitted written testimony for the record urging the Subcommittee to support the bill.
The ACHP recommended that the Subcommittee consider amending the bill to provide permanent authorization for the HPF rather than the 10-year reauthorization called for in the bill. The ACHP also urged the Subcommittee to consider two other amendments to the NHPA that would enhance the effectiveness of the ACHP as well as the national preservation program – conversion of the current part-time status of its chair to full-time and extension of voting membership on the ACHP to the General Chairman of the National Association of Tribal Historic Preservation Officers (NATHPO). These recommendations represent positions previously adopted by the ACHP membership.
The HPF has a remaining balance of $3 billion that can be drawn upon in the short term, but reauthorization of the revenue stream into the fund is critical for the federal preservation program’s long-term viability.
New Preserve America Stewards Announced
The White House recently designated four new Preserve America Stewards. They include the Weir Farm National Historic Site (CT); Jack Jouett House Historic Site (KY); Friends of Oberlin Village (NC); and Moravian Historical Society (PA). Read more.
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.
Making Archaeology Public Showcases Videos of NHPA Successes
The passage of the National Historic Preservation Act (NHPA) in 1966 fundamentally changed American archaeology. The NHPA requires that federal agencies be good stewards of historic places–including archaeological sites–that are under an agency’s control. The Act also requires agencies to consider the possible effects of all projects they carry out, fund, or approve on archaeological sites and other historic places.
Thus, over the past 50 years, hundreds of thousands of archaeological sites have been found, recorded, and, in many cases, preserved in place. Where sites could not be left in place because of the need for highways, energy, housing, or other modern development, many sites were scientifically excavated and analyzed. The results of these analyses preserve the information and knowledge we have gained for future generations.
Archaeology carried out to meet the requirements of the NHPA has created a vast collection of information about life in the past and yields amazing stories about our American experience. The videos on the Making Archaeology Public website were created by volunteer groups of archaeologists across the country in order to share some of these stories.
The library of videos on the site will continue to grow throughout 2016, so please check back for additions. You may share these videos freely with any audience for non-commercial purposes. Enjoy!
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.
Department of the Interior Announces $500,000 in Grants
Secretary of the Interior Sally Jewell and National Park Service Director Jonathan B. Jarvis recently announced $500,000 in grants to help fund 10 projects that will document historic properties associated with underrepresented communities in the National Register of Historic Places. 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.
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 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.
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.
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