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					     20576

     Notices                                                                                                        Federal Register
                                                                                                                    Vol. 69, No. 74

                                                                                                                    Friday, April 16, 2004



     This section of the FEDERAL REGISTER                      The section 106 regulations, under 36                changed to reflect the new structure.
     contains documents other than rules or                  CFR 800.14(a), provide that an agency                  Internal coordination, from garrison
     proposed rules that are applicable to the               may develop procedures to implement                    commanders, through the IMA, National
     public. Notices of hearings and investigations,         section 106 and substitute them for                    Guard Bureau or applicable MACOM to
     committee meetings, agency decisions and                subpart B as long as they are consistent               the Assistant Chief of Staff for
     rulings, delegations of authority, filing of
                                                             with the section 106 regulations.                      Installation Management has been
     petitions and applications and agency
     statements of organization and functions are            I. Background                                          clarified.
     examples of documents appearing in this                                                                           Reference to AR 200–4 (a Cultural
     section.                                                   On July 13, 2001, the ACHP approved                 Resources Management policy of the
                                                             the Army Alternate Procedures (AAP).                   Army) has been replaced with the more
                                                             These were subsequently adopted by the                 general term ‘‘Army policy.’’ AR 200–4
     ADVISORY COUNCIL ON HISTORIC                            Army and published in the Federal                      is scheduled to be incorporated into AR
     PRESERVATION                                            Register on March 6, 2002. For further                 200–1; however, this has not been
                                                             general background on the AAP as                       completed at this time.
     Amendments to the Army Alternate                        originally adopted, please refer to that                  The more cumbersome phrasing of
     Procedures                                              Federal Register notice (67 FR 10138).                 ‘‘commanders electing to comply with’’
                                                                Since then, the Army has internally                 has been simplified by saying
     AGENCY: Advisory Council on Historic                    reorganized in a way that directly affects
     Preservation.                                                                                                  ‘‘commanders complying with.’’ Since
                                                             the implementation of the AAP. This                    the AAP clearly states that following its
     ACTION: Notice of approval of                           reorganization required revisions of the               process (as opposed to the one outlined
     amendments to the Army Alternate                        AAP to reflect the new management                      in subpart B of the Section 106
     Procedures.                                             structure adopted by the Army. Without                 regulations) is optional, it was not
                                                             changes to the AAP, it would be
     SUMMARY: On March 25, 2004, the                                                                                necessary to reiterate this optional
                                                             difficult for the Army to implement the
     Advisory Council on Historic                                                                                   nature throughout the AAP.
                                                             procedures as originally adopted.
     Preservation approved technical and                                                                               The following specific changes have
                                                             Furthermore, continued use of the AAP,
     administrative amendments to the Army                                                                          been made to the AAP and are
                                                             as originally published, would create
     Alternate Procedures. Those Army                                                                               referenced here by the sections in which
                                                             confusion with consulting parties who
     Alternate Procedures set forth a process                                                                       these changes can be found.
                                                             wish to contact Army personnel
     that Army installations can follow in                                                                             Section 1.1(e) (Application): In the
                                                             concerning AAP implementation, since
     order to meet their historic preservation                                                                      previously published version of the
                                                             the roles of Army staff have changed.
     review responsibilities under the                                                                              AAP, this section was a fairly lengthy
                                                             Other technical amendments were also
     National Historic Preservation Act. The                 needed to clarify certain aspects of the               discussion of the optional features of the
     main purposes of the amendments are to                  AAP.                                                   AAP. This section has been shortened
     conform the Alternate Procedures to the                    Therefore, pursuant to section 7.1(d)               and more clearly states that the
     Army’s internal reorganization, and                     of the AAP, the Chairman of the ACHP                   authority to operate, or not operate,
     clarify its exemption regarding                         approved the technical and                             under the AAP rests with the Army.
     designated surface danger zones.                        administrative amendments to the AAP                      Section 1.6 (Participants): This
                                                             outlined below. These amendments                       section was substantially changed to
     DATES: The amendments to the Army
                                                             went into effect on March 25, 2004.                    reflect the new Army structure. As
     Alternate Procedures went into effect on                                                                       explained above, the IMA, as the Army’s
     March 25, 2004.                                         II. Summary of Amendments                              installation management agency, is now
     FOR FURTHER INFORMATION CONTACT: Mr.                       This section summarizes the changes                 responsible for ensuring that garrison
     David Berwick, Army Program Manager,                    made to the AAP.                                       commanders have identified and
     Advisory Council on Historic                               The name ‘‘Army Alternate                           programmed the resources necessary to
     Preservation, 1100 Pennsylvania                         Procedures to 36 CFR Part 800’’ has                    meet the installation’s responsibilities
     Avenue, NW., Suite 809, Washington,                     been changed to ‘‘Army Alternate                       under the AAP. The Assistant Chief of
     DC 20004. dberwick@achp.gov.                            Procedures for Historic Properties’’ to                Staff for Installation Management
     SUPPLEMENTARY INFORMATION: Section                      more easily identify these procedures                  (ACSIM) will not only be reviewing an
     106 of the National Historic                            with the Army’s historic preservation                  installation’s Historic Properties
     Preservation Act, 16 U.S.C. 470f,                       requirements.                                          Component (HPC) but will endorse it
     requires Federal agencies to consider                      With the Army’s new Installation                    before it is sent back to the installation.
     the effects of undertakings on historic                 Management Agency (IMA) structure,                     These changes will provide more
     properties and provide the Advisory                     the responsibility for implementing the                consistency in application throughout
     Council on Historic Preservation                        AAP has shifted from the installation                  the Army and will assist the ACHP and
     (ACHP) a reasonable opportunity to                      commander to the garrison commander.                   Army Headquarters in fulfilling program
     comment with regard to such                             As a result, all references to installation            review responsibilities outlined in
     undertakings. The ACHP has issued the                   commander in the AAP have been                         section 7.1 of the AAP.
     regulations that set forth the process                  changed to reflect this new structure.                    Section 4.5 (Exempted Undertakings):
     through which Federal agencies comply                   Likewise, IMA now assumes the roles                    This section adds an example to the
     with these duties. The regulations are                  and responsibilities given in the AAP to               exemption regarding ‘‘military activities
     codified under 36 CFR part 800                          the major commands (MACOMs).                           in existing designated surface danger
     (‘‘Section 106 regulations’’).                          Reference to MACOMs has been                           zones’’ (subsection (a)(3)(iv)) to clarify


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                                      Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices                                          20577

     that surface danger zones are only                      seeks to accommodate historic                          ICRMP developed by an installation
     exempt where there is imminent threat                   preservation concerns with the needs of                shall have a Historic Properties
     to human health and safety, such as in                  Federal undertakings through                           Component (HPC) to ensure compliance
     dudded impact areas where unexploded                    consultation between the Army, and                     with section 106 of the Act on a
     ordnance exists.                                        consulting parties and the public. The                 programmatic, as opposed to project-by-
                                                             purposes of these alternate procedures                 project, basis. Individual installations
     III. Text of AAP as Amended
                                                             are to provide for more efficient,                     shall coordinate with internal staff
        What follows is the full text of the                 consistent and comprehensive Army                      elements, consult with consulting
     AAP as amended (copies of the                           compliance with the goals and                          parties, and, where appropriate,
     amended AAP can also be found on the                    mandates of section 106 of the Act, to                 consider the views of the public, on
     ACHP Web site at www.achp.gov/                          encourage more thoughtful                              development of the HPC to ensure that
     army.html):                                             consideration and early planning for                   the HPC includes adequate procedures
     Army Alternate Procedures for Historic                  historic properties, and to better support             for identification, evaluation, and
     Properties                                              the Army’s ability to accomplish its                   treatment of historic properties over the
                                                             national defense mission. These                        five-year ICRMP planning period.
     Table of Contents                                       alternate procedures further these                     Installations shall substantially involve
     Protection of Army Historic Properties                  purposes by establishing a proactive                   consulting parties on development of
     Section 1.0 Introduction                                planning and management approach                       the HPC, not the entire ICRMP, since
       1.1 Purpose and Introduction                          that stands in place of the formal                     other components of the ICRMP involve
       1.2 Methods of Complying with Section                 project-by-project review process                      management of cultural resources
         106 of the Act                                      prescribed by the Council’s regulations                beyond the statutory and regulatory
       1.3 Authority
       1.4 Scope
                                                             at 36 CFR part 800. The approach set                   authority and jurisdiction of consulting
       1.5 Definitions                                       forth in these alternate procedures relies             parties. Neither these procedures nor a
       1.6 Participants                                      on the Army’s existing internal                        certified HPC relieves the Army of its
     Section 2.0 Applicability of Procedures                 planning, funding and decision making                  responsibilities to comply with other
       2.1 Installation Determination                        processes.                                             cultural resources laws such as
     Section 3.0 Program Elements for                           (b) Relation to other provisions of the             NAGPRA and ARPA.
         Participating in the Army Alternate                 Act. Section 106 is related to other                      (e) Application. These alternate
         Procedures                                          provisions of the Act designed to further              procedures recognize that certain
       3.1 Designation of a Cultural Resource                the national policy on historic                        installations may be operating under the
         Manager and Coordinator for Native                  preservation. References to those related              review procedures in 36 CFR part 800.
         American Affairs
                                                             provisions are included in these                       Application of these alternate
       3.2 Professional Standards for the
         Development of the HPC                              procedures to identify circumstances                   procedures and the authority to revert to
       3.3 Identification of Consulting Parties for          where actions may be affected by the                   operation under 36 CFR part 800 rests
         HPC Development                                     independent obligations of those other                 with the Army.
       3.4 Consultation and Coordination for                 provisions.                                               (f) Role of consulting parties. These
         HPC Development                                        (c) Relation to internal Army                       alternate procedures promote early and
       3.5 HPC Development                                   Regulations. Internal agency policy sets               effective participation of State Historic
     Section 4.0 Program Review and                          forth the Army’s requirements for                      Preservation Officers (SHPOs), Tribal
         Certification                                       complying with the Act, the                            Historic Preservation Officers (THPOs),
       4.1 Army Program Review                               Archeological Resources Protection Act                 Federally recognized Indian Tribes, and
       4.2 Consulting Party and Public Review                (ARPA), the Native American Graves                     Native Hawaiian organizations in Army
       4.3 Council Review and Certification
       4.4 Effect of Certification
                                                             Protection and Repatriation Act                        planning and management of historic
       4.5 Exempt Undertakings                               (NAGPRA), the American Indian                          properties. These consulting parties
     Section 5.0 Amendment and Recertification               Religious Freedom Act (AIRFA), Indian                  play a regulatory role in development of
       5.1 Plan Amendment                                    Sacred Sites under Executive Order                     and signature on the HPC. Once the
       5.2 Recertification                                   13007 (Indian Sacred Sites), Executive                 HPC has been finalized, SHPOs, THPOs,
     Section 6.0 Administrative Remedies                     Order 13175, (Consultation and                         Federally recognized Indian Tribes, and
       6.1 Evaluation of Council Determinations              Coordination with Indian Tribal                        Native Hawaiian organizations will have
       6.2 Evaluation of HPC Implementation                  Governments), and 36 CFR part 79                       continued opportunities to participate
     Section 7.0 Council Review of Army                      (Curation of Federally-Owned and                       in implementation by reviewing and
         Section 106 Compliance                              Administered Archaeological                            monitoring installation compliance and
       7.1 Council Review of Army Alternate
         Procedures
                                                             Collections). The Army requires all                    providing expertise concerning
       7.2 Council Review of Installation                    installations (other than those receiving              identification, evaluation, and
         Compliance Appendix                                 a variance) to prepare an Integrated                   management of historic properties.
     A: Acronyms                                             Cultural Resource Management Plan                      These alternate procedures establish
                                                             (ICRMP). The ICRMP integrates the                      minimum requirements for compliance.
     Section 1.0: Introduction                               entirety of the installation cultural                  Installations are encouraged to tailor
                                                             resources program with the ongoing                     their planning documents to their
     1.1 Purpose and Introduction                            military mission, allows identification                particular needs, and, where
       (a) Purpose. Section 106 of the                       of potential conflicts between the                     appropriate, supplement these
     National Historic Preservation Act (Act)                installation’s mission and cultural                    minimum requirements.
     requires Federal agencies to take into                  resources, and identifies actions                         (g) Role of the public. The public
     account the effects of their undertakings               necessary to meet statutory and                        includes national, regional, or local
     on historic properties and afford the                   regulatory requirements.                               organizations and individuals with an
     Advisory Council on Historic                               (d) These procedures utilize to the                 interest in historic preservation, and
     Preservation (Council) a reasonable                     maximum extent possible existing                       local governments when not
     opportunity to comment on such                          internal Army program requirements to                  participating as consulting parties.
     undertakings. The section 106 process                   meet section 106 requirements. Each                    Public views are important to a fully


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     20578                            Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices

     informed decision making process                        Act (16 U.S.C. 470h–2) which directs                      Area of potential effects (APE) means
     under these procedures. The process                     Federal agencies to develop procedures                 the geographic area or areas within
     established by the National                             for implementing section 106 of the Act,               which an undertaking may directly or
     Environmental Policy Act (NEPA), as                     and 36 CFR 800.14(a) which authorizes                  indirectly cause changes in the
     implemented by the regulations                          Federal agencies, in consultation with                 character or use of historic properties, if
     published by the Council on                             the Council, to develop alternative                    any such properties exist. The area of
     Environmental Quality and Army                          procedures to implement the section                    potential effects is influenced by the
     Regulation 200–2 ‘‘Environmental                        106 process, that, after Council                       scale and nature of an undertaking and
     Effects of Army Actions’’ (AR 200–2) is                 concurrence, substitute for the                        may be different for different kinds of
     designed to ensure meaningful public                    regulations set forth in 36 CFR part 800.              effects caused by the undertaking.
     participation in Federal agency decision                The Council retains final authority to                    Army means Active Army, Army
     making. Installation commanders will                    determine whether the Army’s alternate                 National Guard, U.S. Army Reserve, and
     use the NEPA process to the greatest                    procedures are consistent with 36 CFR                  all installations and activities as
     extent practicable to provide for public                part 800.                                              described in section 1.4.
     participation under these procedures for                                                                          Comment, when used in relation to
     installation activities.                                1.4    Scope                                           the Council, means the findings and
       (h) Nothing in these procedures                         (a) These procedures apply to all                    recommendations of the Council
     changes any rights reserved to any                      levels of the Active Army, the Army                    formally provided in writing to the
     Indian Tribe by treaty or otherwise                     National Guard, the U.S. Army Reserve,                 Secretary of the Army under section 106
     granted to any Indian Tribe, Native                     including all installations and activities             of the Act.
     Hawaiian organization, or to their                      under the control of the Army by                          Consulting parties are those parties
     members by Federal law, including                       ownership, lease, license, public land                 that have a consultative role in the
     Statute, regulation or Executive Order.                 withdrawal, or, any similar instrument,                section 106 process; these parties are the
     These procedures are designed to ensure                 where the Agency Official elects to                    SHPO, the THPO, Federally recognized
     that the Army fully meets its                           comply with these procedures in lieu of                Indian Tribes, Native Hawaiian
     responsibilities to consult with                        36 CFR part 800. All of the above shall                organizations, representatives of local
     Federally recognized Indian Tribes and                  be referred to in these procedures as the              governments, and applicants for Federal
     Native Hawaiian organizations when                      Army, unless otherwise noted.                          permits, licenses, assistance or other
     Army activities may affect historic                       (b) These procedures do not apply to                 forms of Federal approval. Members of
     properties of traditional religious and                 the Civil Works functions of the U.S.                  the public may participate as consulting
     cultural importance to them.                            Army Corps of Engineers.                               parties upon the invitation of the
                                                               (c) These procedures shall not apply                 Garrison commander.
     1.2 Methods of Complying With                                                                                     Consultation means the formal
     Section 106 of the Act                                  to installations or activities where the
                                                                                                                    process of seeking, discussing,
                                                             Garrison commander has elected,
       (a) Each installation complying with                                                                         identifying and considering the views of
                                                             pursuant to section 2.1, to continue to
     section 106 of the Act through these                                                                           consulting parties. For purposes of these
                                                             comply with section 106 of the Act
     procedures in lieu of 36 CFR part 800                                                                          procedures, consultation with Federally
                                                             through the process set forth under 36
     will develop a Draft HPC, in                                                                                   recognized Indian Tribes means
                                                             CFR part 800.
     consultation with consulting parties,                                                                          consultation on a government-to-
     and request certification of its HPC from               1.5    Definitions                                     government basis as defined below.
     the Council. Once certified, an                                                                                   Coordination, for the purposes of
                                                                Act means the National Historic                     these procedures, means the informal
     installation shall comply with section                  Preservation Act of 1966, as amended
     106 of the Act through implementation                                                                          communication and exchange of
                                                             (16 U.S.C. 470 et seq.).                               information and ideas between
     of its HPC for a five-year period.
       (b) Prior to HPC certification,                          Adverse effects are those effects of an             consulting parties concerning historic
     installations shall continue to comply                  undertaking that may alter, directly or                preservation issues affecting the Army.
     with section 106 of the Act by reviewing                indirectly, any of the characteristics of              Coordination is intended to be an
     undertakings pursuant to 36 CFR part                    a historic property that qualify the                   informal process, on a staff-to-staff
     800.                                                    property for inclusion on the National                 basis, for routine management issues as
       (c) Installations that do not comply                  Register of Historic Places (National                  distinguished from the formal
     with section 106 of the Act through                     Register) in a manner that would                       consultation and tribal consultation
     these procedures shall continue to                      diminish the integrity of the property’s               processes as defined by these
     comply with section 106 of the Act by                   location, design, setting, materials,                  procedures.
     following 36 CFR part 800.                              workmanship, feeling, or association.                     Council means the Advisory Council
       (d) Where the Army proposes to                        The criteria of adverse effect also                    on Historic Preservation or a Council
     conduct any undertaking on Tribal land                  require consideration of all qualifying                member or employee designated to act
     where a Federally recognized Indian                     characteristics of a historic property,                for the Council.
     Tribe has developed Tribal historic                     including those that may have been                        Day or days means calendar days.
     preservation regulations pursuant to                    identified subsequent to the original                     Effect means alteration to the
     section 101(d)(5) of the Act, and those                 evaluation of the property’s eligibility               characteristics of an historic property
     regulations operate in place of review                  for the National Register. Adverse                     that qualify it for inclusion in or make
     under 36 CFR part 800, the Army shall                   effects may include reasonably                         it eligible for inclusion in the National
     follow those Tribal historic preservation               foreseeable effects caused by the                      Register.
     regulations prior to approving and while                undertaking that may occur later in                       Federally recognized Indian Tribe, for
     conducting the undertaking.                             time, be farther removed in distance or                the purposes of these procedures,
                                                             be cumulative.                                         means: (i) an Indian or Alaska Native
     1.3 Authority                                              Agency Official is the Army official                Tribe, band, nation, pueblo, village or
       (a) These procedures are promulgated                  with jurisdiction over an undertaking as               community within the continental
     pursuant to section 110(a)(2)(E) of the                 set forth in section 1.6(a).                           United States presently acknowledged


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                                      Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices                                           20579

     by the Secretary of the Interior to exist               Register’’ includes both properties                    the Interior for use in evaluating the
     as an Indian Tribe pursuant to the                      formally determined as such in                         eligibility of properties for the National
     Federally Recognized Indian Tribe List                  accordance with regulations of the                     Register (36 CFR part 60).
     Act, Public Law 103–454; and (ii)                       Secretary of the Interior and all other                   Native Hawaiian means any
     Regional Corporations or Village                        properties that meet the National                      individual who is a descendant of the
     Corporations, as those terms are defined                Register criteria.                                     aboriginal people who, prior to 1778,
     in section 3 of the Alaskan Native                         Historic Properties Component (HPC)                 occupied and exercised sovereignty in
     Claims Settlement Act (43 U.S.C. 1602),                 means, in accordance with these                        the area that now constitutes the State
     which are recognized as eligible for the                procedures, that portion of the ICRMP                  of Hawaii.
     special programs and services provided                  which relates directly to the                             Native Hawaiian organization means
     by the United States to Indians because                 implementation of section 106 of the                   any organization which (1) serves and
     of their status as Indians.                             Act. The HPC is a five-year plan that                  represents the interests of Native
        Government-to-government relations,                  provides for installation identification,              Hawaiians, (2) has as a primary and
     for the purposes of these procedures,                   evaluation, assessment of effects,                     stated purpose the provision of services
     means relations formally established                    treatment, and management of historic                  to Native Hawaiians, and (3) has
     between the Army and Federally                          properties, including those of traditional             demonstrated expertise in aspects of
     recognized Indian Tribes through their                  religious and cultural importance to a                 historic preservation that are significant
     respective governmental structures. In                  Federally recognized Indian Tribe or                   to Native Hawaiians. Such organizations
     recognition of a Federally recognized                   Native Hawaiian organization. The HPC                  include the Office of Hawaiian Affairs
     Indian Tribe’s status as a sovereign                    is the basis upon which an installation’s              and Hui Malama I Na Kupuna ’O
     nation, formal government-to-                           program is evaluated for certification for             Hawai’i Nei.
     government relations are established                    purposes of these procedures. While the                   NEPA process means the decision
     and maintained directly between                         HPC remains a component of the                         making process established by the
     Garrison commanders and the heads of                    ICRMP, it stands alone as a legal                      National Environmental Policy Act as
     Tribal governments. Garrison                            compliance document under these                        implemented by the regulations
     commanders initiate government-to-                      procedures.                                            published by the Council on
     government relations with Federally                        Installation means a grouping of                    Environmental Quality and AR 200–2.
     recognized Indian Tribes by means of                    facilities located in the same vicinity,               The NEPA process involves preparation
     formal, written communication to the                    which are under control of the Army                    of a NEPA document, either a Record of
     heads of Tribal governments. Such                       and used by Army organizations. This                   Environmental Consideration, an
     letters should designate an installation                includes land and improvements. In                     Environmental Assessment (EA) or an
     official who is authorized to conduct                   addition to those used primarily by                    Environmental Impact Statement (EIS),
     follow-on consultations with the Tribe’s                soldiers, the term ‘‘installation’’ applies            followed by a decision document. An
     designated representative. Garrison                     to real properties such as depots,                     EA results in either a Finding of No
     commanders are encouraged to meet                       arsenals, ammunition plants (both                      Significant Impact or Notice of Intent to
     face-to-face with the heads of Tribal                   contractor and government operated),                   prepare an EIS. An EIS results in a
     governments as part of the process to                   hospitals, terminals, and other special                Record of Decision.
     initiate government-to-government                       mission installations. The term may also                  Professional standards means, for the
     consultation. Any final decisions on                    be applied to a state or a region in                   purposes of these procedures, those
     installation HPCs that have been the                    which the Army maintains facilities. For               standards set forth in the Secretary of
     subject of government-to-government                     example, the Army National Guard may                   Interior’s Standards and Guidelines for
     consultation will be formally                           consider National Guard facilities                     Archeology and Historic Preservation
     transmitted from the Garrison                           within a state to be one installation and              (48 FR 44716), which apply to
     commander to the head of the Tribal                     the U.S. Army Reserve may consider                     individuals conducting technical work
     government.                                             Regional Support Centers to be                         for the Army. Tribal members and
        Historic preservation or preservation                installations. Under these procedures, a               Native Hawaiians are uniquely qualified
     includes identification, evaluation,                    subinstallation may be certified                       to identify and assist in the evaluation,
     recordation, documentation, curation,                   individually or as part of its support                 assessment of effect, and treatment of
     acquisition, protection, management,                    installation.                                          historic properties to which they attach
     rehabilitation, restoration, stabilization,                Integrated Cultural Resources                       traditional religious and cultural
     maintenance, research, interpretation,                  Management Plan (ICRMP) is a five-year                 importance. When the Army requests
     conservation, and education and                         plan developed and implemented by a                    assistance from Federally recognized
     training regarding the foregoing                        Garrison commander to provide for the                  Indian Tribes and Native Hawaiian
     activities or any combination of the                    management of cultural resources in a                  organizations to aid in the
     foregoing activities.                                   way that maximizes beneficial effects on               identification, evaluation, assessment of
        Historic property means any                          such resources and minimizes adverse                   effects and treatment of historic
     prehistoric or historic district, site,                 effects and impacts without impeding                   properties of traditional religious and
     building, structure, or object included                 the mission of the Army.                               cultural importance, such Tribal
     in, or eligible for inclusion in, the                      National Historic Landmark (NHL)                    members and Native Hawaiians need
     National Register maintained by the                     means a historic property that the                     not meet the Secretary of Interior’s
     Secretary of the Interior. The term                     Secretary of the Interior has designated               Professional Qualifications Standards
     includes artifacts, records, and remains                a National Historic Landmark pursuant                  (48 FR 44738–44739).
     that are related to and located within                  to the Historic Sites Act of 1935, Public                 Review and monitoring means an
     such properties. The term includes                      Law 100–17.                                            informal process in which an
     historic properties of traditional                         National Register means the National                installation shall coordinate with
     religious and cultural importance to a                  Register of Historic Places maintained                 consulting parties to discuss proposed
     Federally recognized Indian Tribe or                    by the Secretary of the Interior.                      undertakings for the upcoming year,
     Native Hawaiian organization. The term                     National Register Criteria means the                results of plan implementation during
     ‘‘eligible for inclusion in the National                criteria established by the Secretary of               the previous year, the overall


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     20580                            Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices

     effectiveness of the installation’s HPC,                1.6 Participants                                       HPCs provide equitable, efficient and
     and the need for making amendments to                      (a) Army.                                           effective resource management.
     it. At a minimum, this review and                          (1) The Army Agency Official with                      (C) Forward AAP notices and HPCs to
     monitoring shall be conducted annually.                 jurisdiction over an undertaking takes                 the ACSIM for review and endorsement.
        Sovereign or sovereignty, with respect               legal and financial responsibility for                    (iv) Garrison Commanders (includes
     to Federally recognized Indian Tribes                   section 106 compliance either through                  Commanders of U.S. Army Reserve
     means the exercise of inherent sovereign                implementing these alternate                           Regional Support Centers and Adjutants
     powers over their members and                           procedures or continuing operation                     General) shall:
     territories.                                            under 36 CFR part 800. For purposes of                    (A) Carry out their assigned historic
                                                             these procedures, the Army Agency                      property management and compliance
        State Historic Preservation Officer
                                                             Official with jurisdiction over an                     responsibilities set forth in Army policy;
     (SHPO) means the official appointed or                                                                            (B) As the Agency Officials
     designated pursuant to section 101(b)(1)                undertaking is the Garrison commander
                                                             or official representative designated by               responsible for installation
     of the Act to administer the state                                                                             undertakings, ensure that such
     historic preservation program or a                      the Garrison commander. The Army
                                                             Agency Official shall ensure that                      undertakings are implemented in
     representative designated to act for the                                                                       accordance with either these procedures
     State Historic Preservation Officer.                    professional standards, as defined in
                                                             section 1.5, are met in the conduct of                 or 36 CFR part 800;
        Surface Danger Zone means the area                                                                             (C) Develop a historic preservation
     designated on the ground of a training                  identification, evaluation, assessment of
                                                             effects, and treatment of historic                     program, including an HPC, in
     complex (to include associated safety                                                                          accordance with section 3.0 and Army
                                                             properties.
     areas) for the vertical and lateral                                                                            policy;
                                                                (i) Deputy Assistant Secretary of the
     containment of projectiles, fragments,                                                                            (D) Serve as the Agency Official
                                                             Army (Environment, Safety and
     debris, and components resulting from                   Occupational Health) (DASA (ESOH)) is                  responsible for consulting on HPC and
     the firing or detonation of weapon                      the Army Federal Preservation Officer                  its implementation with SHPOs,
     systems to include exploded and                         (FPO), pursuant to designation by the                  THPOs, Native Hawaiian organizations,
     unexploded ordnance.                                    Assistant Secretary of the Army                        and Federally recognized Indian Tribes
        Tribal consultation means seeking,                   (Installations and Environment),                       when required under these procedures.
     discussing, identifying and considering                 responsible for policy, program                        Tribal consultation shall occur with
     Tribal views through good faith                         direction and oversight of the Army’s                  Federally recognized Indian Tribes on a
     dialogue with Federally recognized                      responsibilities under the Act. The                    government-to-government basis, as
     Indian Tribes on a government-to-                       DASA (ESOH) is responsible for                         defined in section 1.5; and,
     government basis in recognition of the                  ensuring the Army’s implementation of                     (E) Ensure that such consultation
     unique relationship between Federal                     these alternate procedures.                            provides a reasonable opportunity for
     and Tribal governments and the status                      (ii) The ACSIM is the Army staff                    the SHPO, THPO, Federally recognized
     of Federally recognized Indian Tribes as                proponent for implementing the Act and                 Indian Tribes, and Native Hawaiian
     sovereign nations (see government-to-                   development of Army-specific guidance                  organizations to identify their concerns
     government relations). The Tribal                       implementing the Act. Proponents for                   with the identification, evaluation,
     Historic Preservation Officer (THPO)                    execution of ACSIM responsibilities                    assessment of effect and treatment of
     serves as the Tribal official for                       under these procedures are the Director                historic properties, and after
     government-to-government consultation                   of Environmental Programs (DEP) and                    consideration, address such concerns.
     for undertakings affecting historic                     the Commander, U.S. Army                                  (F) When implementing these
     properties off Tribal lands only where                  Environmental Center (USAEC). The                      procedures:
     the Tribal government has designated                    ACSIM shall:                                              (1) Sign the HPC and amendments
     the THPO as the Tribe’s designated                         (A) Carry out the ACSIM’s assigned                  thereto, recognizing that the HPC is the
     representative responsible for carrying                 staff functions for NHPA compliance in                 installation’s procedure for complying
     out such functions.                                     accordance with Army regulations;                      with section 106 of the Act;
                                                                (B) Review and endorse AAP notices,                    (2) Invite the SHPO, THPO, Federally
        Tribal Historic Preservation Officer
                                                             HPCs, associated documents, and                        recognized Indian Tribe or Native
     (THPO) means the Tribal official,
                                                             installation historic preservation                     Hawaiian organization to consult in
     appointed by the head of the Tribal
                                                             programs in accordance with these                      development of and sign the HPC;
     government or as designated by a Tribal
                                                             procedures and,                                           (3) Implement a signed HPC to
     ordinance or preservation program, who
                                                                (C) Serve as the Agency Official for                comply with section 106 of the Act; and,
     has assumed the responsibilities of the                                                                           (4) Prior to certification, comply with
     SHPO for purposes of section 106                        the Army for purposes of consultation
                                                             and coordination with consulting                       section 106 of the Act through review of
     compliance on Tribal lands in                                                                                  undertakings under 36 CFR part 800.
     accordance with section 101(d)(2) of the                parties and the public on development
                                                             of these alternate procedures,                            (b) Advisory Council on Historic
     Act.                                                                                                           Preservation.
                                                             amendment and implementing
        Tribal lands mean all lands within the               guidance.                                                 (1) The Council issues regulations to
     exterior boundaries of any Indian                          (iii) Installation Management Activity              implement section 106 of the Act;
     reservation and all dependent Indian                    (IMA), National Guard Bureau (NGB) or                  provides guidance and advice on the
     communities.                                            applicable MACOM shall:                                application of its regulations, 36 CFR
        Undertaking means a project, activity,                  (A) Ensure Garrison commanders                      part 800; oversees the operation of the
     or program that is funded in whole or                   (includes Adjutants General) identify                  section 106 process; enters into
     in part under the direct or indirect                    and program resources necessary to                     agreements with Federally recognized
     jurisdiction of the Army, including                     meet the requirements of these                         Indian Tribes under section 101(d)(5) of
     those carried out by or on behalf of the                procedures. Staff all actions in                       the Act; and approves Federal agency
     Army, those carried out in whole or in                  accordance with these procedures.                      procedures for substitution of the
     part with Army funds, and those                            (B) Review HPCs prepared by                         Council’s regulations. Consulting parties
     requiring Army approval.                                Garrison Commanders to ensure that                     and the public, may at any time seek


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                                      Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices                                          20581

     advice, guidance, and assistance from                   development, implementation,                           religious and cultural importance to the
     the Council on the application of these                 recertification and Major Amendment to                 Tribe.
     procedures.                                             the HPC.                                                  (b) Garrison commanders continuing
        (2) For the purposes of these                           (3) When participating as consulting                compliance with section 106 of the Act
     procedures, the Council reviews and                     parties, Federally recognized Indian                   through 36 CFR part 800 may revisit
     evaluates HPCs and certifies that an                    Tribes and Native Hawaiian                             their decision at any time thereafter and
     installation is authorized to implement                 organizations shall be invited to sign the             comply with these procedures by:
     an approved HPC.                                        HPC.                                                      (1) Filing the notice required by
        (c) State Historic Preservation Officer.                (e) Tribal Historic Preservation                    section 2.1(a);
        (1) The SHPO administers the                         Officer.                                                  (2) Establishing the necessary program
     national preservation program at the                       (1) Where the Secretary of the Interior             elements set forth in section 3.0; and,
     State level and is responsible for                      has authorized a Federally recognized                     (3) Completing the certification
     conducting comprehensive statewide                      Indian Tribe to carry out some or all of               process established by section 4.0.
     surveys of historic properties and for                  the SHPO responsibilities on Tribal                       (c) When an Garrison commander
     maintaining inventories of these                        lands pursuant to section 101(d)(2) of                 operating under a certified HPC decides
     properties. Under section 101(b)(3)(E) of               the Act, the THPO acts as a consulting                 that the HPC is no longer appropriate,
     the Act, SHPOs are directly responsible                 party on the development,                              the Garrison commander may terminate
     for advising and assisting Federal                      implementation, recertification and                    the HPC by taking the following actions:
     agencies, such as the Army, in carrying                 Major Amendment to the HPC. The                           (1) Provide a notice of the Garrison
     out their historic preservation                         THPO participates as a consulting party                commander’s intent to terminate to all
     responsibilities. For purposes of these                 when:                                                  consulting parties 45 days prior to the
     procedures, the SHPO advises and                           (i) An installation’s undertakings                  effective date of termination. The notice
     consults with individual installations in               occur on or affect historic properties on              of intent to terminate should provide a
     the development, implementation,                        Tribal lands; or,                                      brief explanation for the decision to
     recertification and Major Amendment of                     (ii) An installation’s undertakings                 terminate;
     the HPC.                                                may affect a historic property of                         (2) Invite the Council, ACSIM, and
        (2) The SHPO has access to expertise                 traditional religious and cultural                     consulting parties to provide their views
     regarding historic properties within the                importance to the Tribe both on and off                on the proposed termination during the
     State. The SHPO, throughout HPC                         Tribal lands, and the THPO is the                      45-day notification period, and consider
     implementation, may provide assistance                  Tribe’s designated representative for                  those views during the 45-day period.
     to the Garrison commander and ensure                    government-to-government                               The Garrison commander will only
     access to and application of such                       consultation.                                          furnish additional notice to consulting
     expertise.                                                 (2) When the THPO has participated                  parties when a decision to continue
        (3) When participating as a consulting               as a consulting party, the Federally                   operation under the HPC is made; and,
     party, the SHPO is invited to sign the                  recognized Indian tribe which he or she                   (3) At the end of the 45-day period,
     HPC.                                                    represents is invited to sign the HPC.                 revert to compliance with section 106
        (d) Federally Recognized Indian
                                                                (f) The Public.                                     through 36 CFR part 800.
     Tribes and Native Hawaiian
                                                                (1) The Garrison commander shall                       (d) Garrison commanders who have
     Organizations.
                                                             seek and consider the views of the                     terminated their HPC may implement
        (1) Section 101(d)(6)(B) of the Act
                                                             general public regarding the                           these procedures at a later time through
     requires the Army to consult with any
                                                             development, implementation, and                       the certification process in section 4.3.
     Federally recognized Indian Tribe and
     Native Hawaiian organization that                       recertification of the HPC in a manner
                                                                                                                    Section 3.0: Program Elements for
     attaches traditional religious and                      consistent with section 3.5 and section
                                                                                                                    Installations Participating in the
     cultural importance to historic                         5.2 below.
                                                                                                                    Alternate Procedures
     properties that may be affected by an                   Section 2.0: Applicability of Procedures
                                                                                                                    3.1 Designation of Cultural Resource
     undertaking. For Federally recognized
                                                             2.1    Installation Determination                      Manager (CRM) and Coordinator for
     Indian Tribes, this consultation may
                                                                (a) Garrison commanders complying                   Native American Affairs
     take place for historic properties located
     both on and off Tribal lands.                           with these procedures in lieu of 36 CFR                  (a) Each Garrison commander shall
     Consultation with Federally recognized                  part 800 shall document that                           designate an installation CRM to
     Indian Tribes shall be conducted as                     determination in writing and provide                   coordinate the section 106
     Tribal consultation and initiated on a                  notice to:                                             responsibilities required under these
     government-to-government basis, and                        (1) The ACSIM, through the IMA,                     procedures. The Garrison commander
     shall occur through the provisions of                   NGB or applicable MACOM;                               will ensure that the CRM has
     these procedures. While Garrison                           (2) The SHPO;                                       appropriate knowledge, skills, and
     commanders must invite Federally                           (3) The Council;                                    professional training and education to
     recognized Indian Tribes to participate                    (4) The head of any Federally                       carry out installation cultural resources
     in government-to-government                             recognized Indian Tribe or Native                      management responsibilities. The CRM
     consultation, as sovereign nations, such                Hawaiian organization that attaches                    shall ensure that all historic properties
     Tribes may decline to participate.                      traditional religious and cultural                     technical work, including identification
        (2) Where an installation’s                          importance to any historic property on                 and evaluation of historic properties,
     undertakings may affect historic                        the installation or affected by                        assessment and treatment of effects, and
     properties of traditional religious and                 installation activities; and,                          preparation of HPCs, is conducted by
     cultural importance to a Federally                         (5) The THPO for any Federally                      individuals who meet the applicable
     recognized Indian Tribe or Native                       recognized Indian Tribe where historic                 professional standards defined in
     Hawaiian organization, that Tribe or                    properties on Tribal land will be                      section 1.5.
     organization shall be invited to                        affected by installation activities,                     (b) Each Garrison commander shall
     participate as a consulting party on the                including those properties of traditional              designate a Coordinator for Native


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     20582                            Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices

     American Affairs if there are Native                    traditional religious and cultural                     3.5 HPC Development
     American issues. The Garrison                           importance to any historic properties on                  The Garrison commander shall
     commander will ensure that the                          or off Tribal lands that may be affected               prepare an HPC to include the
     Coordinator for Native American Affairs                 by installation activities;                            following:
     has appropriate knowledge, skills, and                     (4) Identify any Native Hawaiian                       (a) Introduction: This is a description
     professional training and education to                  organization that may attach traditional               of the installation’s past and present
     conduct installation consultation                       religious and cultural importance to any               mission(s) to include information that
     responsibilities with Federally                         historic properties that may be affected               describes the types of activities
     recognized Indian Tribes and Native                     by installation activities;                            associated with each mission that might
     Hawaiian organizations. The                                (5) In consultation with the SHPO(s),               have an effect on historic properties.
     Coordinator for Native American Affairs                 THPO(s), Federally recognized Indian                   The introduction shall also identify
     is responsible for facilitating the                     Tribes, and Native Hawaiian                            where the CRM position, and, when
     government-to-government relationship                   organizations, identify other parties that             appropriate, the Coordinator for Native
     and, when designated, carry out staff-to-               are entitled, or should be invited to be               American Affairs position, is located
     staff consultation responsibilities with                consulting parties, including interested               within the installation’s organizational
     Federally recognized Indian Tribes. The                 members of the public; and,                            structure.
     Coordinator for Native American Affairs                    (6) Invite consulting parties to                       (b) Planning Level Survey (PLS): The
     will have access to the Garrison                        participate in the development of the                  PLS, based on review of existing
     command staff in order to facilitate                    installation’s HPC.                                    literature, records, and data, identifies
     direct government-to-government                            (b) Garrison commanders should                      the historic properties that are known,
     consultation.                                           contact Federally recognized Indian                    or may be expected to be present, on the
        (c) If the Garrison commander deems                  Tribes early to establish a schedule and               installation. The PLS shall be updated
     it appropriate, he or she will fill the                 protocol for conducting consultation on                as necessary to include additional
     Coordinator for Native American Affairs                 a government-to-government basis for                   information made available through the
     position with an individual other than                  development of the HPC.                                identification and evaluation of historic
     the CRM.                                                                                                       properties. The PLS shall, as
                                                             3.4 Consultation and Coordination for                  appropriate:
     3.2 Professional Standards for the                      HPC Development                                           (1) Provide locations of known
     Development of the HPC                                                                                         historic properties, including historic
                                                                (a) Each Garrison commander shall
        (a) Prior to developing the HPC, the                 develop a draft HPC in consultation                    properties having traditional religious
     Garrison commander shall ensure that:                   with the parties identified in section                 and cultural importance to Federally
        (1) The CRM is either qualified under                3.3, above, and, in coordination with                  recognized Indian Tribes or Native
     the standards set forth in the Secretary                appropriate installation staff (including              Hawaiian organizations, that have been
     of the Interior’s Standards and                         natural resource management; facilities/               listed in the National Register, or
     Guidelines for Archeology and Historic                  housing management; range                              determined eligible for inclusion in the
     Preservation, and/or has access to                      management, testing, training, and                     National Register, and those properties
     technical experts who meet these                        operations; master planning; public                    that require evaluation for
     standards to identify, evaluate, assess                 affairs office; the CRM, the Coordinator               determination of eligibility for the
     effects to, and treat historic properties,              for Native American Affairs, and the                   National Register;
     and for certification purposes in section                                                                         (2) Be constructed in such a way that
                                                             Staff Judge Advocate).
     4.0 below; and,                                                                                                sensitive site information shall be
                                                                (b) The Garrison commander shall
        (2) When such expertise is provided                                                                         excluded from the HPC, where
                                                             ensure that all parties participating in
     by Federally recognized Indian Tribes                                                                          distribution might jeopardize either the
                                                             consultation are provided adequate
     and Native Hawaiian organizations                                                                              historic property or the confidentiality
                                                             documentation early in the process                     concerns of Federally recognized Indian
     regarding identification of properties of
                                                             regarding the installation’s mission and               Tribes and Native Hawaiian
     traditional religious and cultural
                                                             operations, historic properties under its              organizations;
     importance, they need not meet the
                                                             control, and the installation command                     (3) Establish an annual inventory
     Secretary of Interior’s Standards and
                                                             structure. The documentation should be                 schedule that identifies and prioritizes
     Guidelines for Archeology and Historic
                                                             provided to consulting parties at least                those areas of the installation that are
     Preservation.
        (b) The Army is responsible for all                  30 days in advance of the initial                      programmed for undertakings in the
     findings and determinations made by                     consultation meeting to allow for a full               next fiscal year to ensure that
     external parties. When an external party                review prior to participation in HPC                   inventories and analyses of alternatives
     prepares a document or study, the Army                  development.                                           are completed early in the planning
     is responsible for its content and                         (c) HPC development begins with an                  processes for these activities;
     ensuring that it meets applicable                       initial consultation meeting between                      (4) Provide locations that have been
     standards and guidelines.                               installation staff and consulting parties              previously inventoried where no
                                                             to identify issues that should be                      historic properties have been identified;
     3.3 Identification of Consulting Parties                addressed in the HPC. Consultation and                    (5) Provide information on current
     for HPC Development                                     coordination shall continue throughout                 and projected future conditions of
       (a) Prior to the development of the                   HPC development to ensure adequate                     identified historic properties;
     HPC, the Garrison commander shall:                      opportunity for these parties to fully                    (6) Contain or provide reference to
       (1) Identify the SHPO(s) associated                   participate in development of the HPC.                 existing historic contexts, archeological
     with the installation;                                  Installations are encouraged to invite                 sensitivity assessments, predictive
       (2) Identify the THPO(s) when                         consulting parties to participate in                   models, and other relevant reports
     installation activities may affect historic             workgroups for drafting the HPC, but, at               addressing historic properties on the
     properties on Tribal lands;                             a minimum, must, provide                               installation;
       (3) Identify any Federally recognized                 opportunities for periodic review, and                    (7) Provide a listing of any affiliated
     Indian Tribes who may attach                            comment on draft work products.                        Federally recognized Indian Tribes or


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                                      Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices                                             20583

     Native Hawaiian organizations, other                       (3) A list of management practices                     (ii) Identifying and Evaluating
     consulting parties and members of the                   that can be employed to best meet the                  Historic Properties: This SOP shall
     public having an interest in the historic               desired future condition and stated                    contain procedures for identifying
     properties associated with the                          management goals. These management                     historic properties within the APE,
     installation.                                           practices should:                                      evaluating their eligibility for the
        (c) Categorized Undertakings: This                      (i) Be comparable with preservation                 National Register and assessing the
     section shall include:                                  standards and guidelines included in                   effects on them, including those
        (1) A summary of the categories of                   DA PAM 200–4 and the relevant                          properties having traditional religious
     undertakings that the installation                      Secretary of the Interior’s Standards and              and cultural importance to Federally
     anticipates conducting over the five-                   Guidelines for Archeology and Historic                 recognized Indian Tribes or Native
     year planning period and should serve                   Preservation;                                          Hawaiian organizations (recognizing
     as the basis for development of                            (ii) Focus on the major activities of an            that such properties may be eligible
     standardized treatments, under section                  installation, including those identified               under any of the National Register
     3.5(e), where such activities have the                  in the Categorized Undertakings section                criteria). This SOP should also contain
     potential to result in effects to historic              of the HPC; and,                                       a procedure for resolving any disputes
     properties. Categories of undertakings                     (iii) Focus on standardizing effective              over the eligibility of a property to the
     should include maintenance and repair,                  historic preservation practices and                    National Register. Any unresolved
     ground-disturbing activities, renovation,               procedures for installation properties                 disputes concerning eligibility shall be
     adaptive reuse, rehabilitation,                         that, at a minimum, include                            forwarded to the Keeper of the National
     substantial alteration, demolition,                     preservation, adaptive reuse,                          Register in accordance with 36 CFR part
     disposal through transfer, sale, or lease,              rehabilitation standards, and, as                      63.
     and mothballing. This is not a list of                  appropriate, interpretation for historic                  (iii) Applying Best Management
     individual undertakings;                                properties.                                            Practices: This SOP shall provide for the
        (2) If available, a list of potential                                                                       consideration and application of
                                                                (f) Standard Operating Procedures
     undertakings that the installation has                                                                         historic preservation management
                                                             (SOPs): SOPs are critical to an
     programmed over the five-year planning                                                                         practices established pursuant to section
                                                             installation’s proper management of its
     period; and,                                                                                                   3.5(e) to avoid adverse effects in the first
        (3) Past and proposed undertakings                   undertakings and must be developed in
                                                                                                                    instance and to meet identified HPC
     that should be considered by consulting                 close consultation with consulting
                                                                                                                    preservation goals. Avoidance of
     parties through the HPC’s review and                    parties, including SHPOs, THPOs,
                                                                                                                    adverse effects would preclude the need
     monitoring process required by section                  Federally recognized Indian Tribes, and
                                                                                                                    to proceed with a more detailed
     3.5(f)(2).                                              Native Hawaiian organizations. SOPs
                                                                                                                    alternatives review. Avoidance of
        (d) Categorical Exclusions: The HPC                  shall be developed to provide consistent
                                                                                                                    adverse effects includes, for example,
     should include a list of undertakings                   implementation of management goals,
                                                                                                                    rehabilitating historic buildings
     that are categorically excluded from                    historic preservation standards,                       following the Secretary of the Interior’s
     review. This list of categorical                        coordination, consultation, and                        Standards for the Treatment of Historic
     exclusions, developed in consultation                   mitigation procedures for historic                     Properties (1995), and modifying project
     with consulting parties, is supplemental                properties that may be affected by                     plans to physically avoid and protect
     to the Army-wide exempt undertakings                    installation undertakings. Where                       archeological sites and historic
     listed in section 4.5. Final approval of                Federally recognized Indian Tribes                     properties of traditional religious and
     an HPC’s categorical exclusions, as                     attach traditional religious and cultural              cultural importance to a Federally
     provided for in 36 CFR § 800.14(c), will                importance to historic properties,                     recognized Indian Tribe or Native
     be made by the Council as part of the                   consultation with Tribes may take place                Hawaiian organization.
     certification process; however, the                     for properties both on and off Tribal                     (iv) Alternatives Review: This SOP
     Council may terminate a categorical                     lands. These procedures shall be                       shall provide a process for the review of
     exclusion at the Army’s request or when                 tailored for the particular conditions                 project alternatives for undertakings
     the Council determines that the                         and specific requirements at an                        where application of best management
     exclusion no longer meets the criteria of               installation. At a minimum, HPCs shall                 practices is not feasible or would not
     36 CFR 800.14(c)(1). The Council shall                  include the following:                                 avoid adverse effects. Prior to applying
     notify the Army 30 days before                             (1) SOPs for Installation Decision                  mitigation measures to minimize
     termination becomes effective.                          Making Process: These SOPs define the                  unavoidable adverse effects to historic
        (e) Management Goals and Practices:                  progressive steps which an installation                properties, application of this SOP is
     The purpose of this section is to                       shall take in its internal decision                    required. This SOP will:
     establish proactive consideration of                    making process in order to manage its                     (A) Conduct a review of project
     preservation concerns carried out by                    undertakings and their potential to                    alternatives, using the NEPA process,
     management practices that are                           affect historic properties. The goal of                when practical, to consider whether
     integrated into day-to-day installation                 this SOP should be to avoid adverse                    other feasible alternatives to avoid or
     activities to avoid adverse effects to                  effects in the first instance; to mitigate             reduce impacts to a historic property
     historic properties. This section shall                 such effects where avoidance is not                    can be implemented. Alternatives
     include:                                                feasible; and to proceed with                          should include the relocation or
        (1) A description of the installation’s              notification when adverse effects cannot               modification of project features, or the
     desired future condition for historic                   be mitigated. In order to document this                rehabilitation, renovation, adaptive
     properties over the course of the                       process, a Garrison commander should                   reuse, transfer, or mothballing of
     planning period;                                        complete each step of the process before               historic buildings; and,
        (2) A description of goals for                       proceeding to the next.                                   (B) Conduct an economic analysis for
     management and preservation of the                         (i) Identifying Undertakings and                    historic buildings proposed for
     installation’s historic properties to be                Defining APEs: This SOP shall provide                  demolition that addresses and compares
     achieved over the course of the planning                for identifying undertakings and                       the economic costs associated with
     period; and,                                            defining the APE for each undertaking.                 alternatives, including the life-cycle


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     20584                            Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices

     costs associated with rehabilitation and                   (3) Obtaining Technical Assistance in               historic properties of traditional
     reuse; demolition and new construction;                 HPC Implementation: Recognizing the                    religious and cultural importance, they
     and mothballing and reuse.                              importance of consulting parties’                      need not meet the Secretary of Interior’s
        (v) Treatment of Adverse Effects: This               expertise in the management of historic                Professional Qualifications Standards.
     SOP shall provide for treating/                         properties, this SOP may be used to                       (4) Consultation for Inadvertent
     mitigating adverse effects that cannot be               establish a process for the continued                  Discovery and for Emergency Actions:
     avoided through the application of best                 involvement of consulting parties and                  This SOP shall establish an expeditious
     management practices or                                 qualified organizations with a                         consultation process between the
     implementation of a project alternative.                demonstrated interest in management of                 installation and the consulting parties
     This SOP should include HABS/HAER                       the installation’s historic properties                 for emergency actions and for the
     recordation, archeological data recovery,               during HPC implementation through                      inadvertent discovery of historic
     and mitigation procedures for transfer,                 use of reimbursable arrangements.                      properties, including those of traditional
     sale or lease of historic properties out of                (i) This SOP should establish                       religious and cultural importance to
     Army ownership to a non-federal entity.                 reimbursable arrangements, such as                     Federally recognized Indian Tribes or
        (vi) Documenting Acceptable Loss:                    cooperative agreements and                             Native Hawaiian organizations.
     This SOP shall provide for                              procurement contracts, to obtain                       Consultation with Federally recognized
     determinations to proceed with an                       technical assistance from SHPOs,                       Indian Tribes shall take place for such
     undertaking having an adverse effect                    THPOs, Federally Recognized Indian                     properties both on and off Tribal lands.
     where the Garrison commander has                        Tribes, Native Hawaiian organizations,                    (5) Categorical Exclusions: This SOP
     determined that treatment/mitigation is                 and other qualified organizations with a               shall provide for a process to determine
     not in the best public interest or is not               demonstrated interest in management of                 when an approved categorical exclusion
     financially or otherwise feasible. The                  the installation’s historic properties.                is applicable to an undertaking.
     Garrison commander’s determination,                        (ii) This SOP will ensure that the                     (6) National Historic Landmarks: This
     including a discussion as to how the                    installation obtains necessary technical               SOP shall contain provisions to give
     preceding steps in the decision making                  assistance in identification, evaluation,              special consideration to installation
     process were carried out and a rationale                assessment of effects, and treatment of                undertakings that may directly and
     as to why mitigation measures will not                  historic properties, using, to the                     adversely affect NHLs by taking such
     be applied, shall be provided to                        maximum extent practicable,                            planning and actions, where feasible, to
     consulting parties and the Council for a                reimbursable arrangements such as                      minimize harm to the NHL. This SOP
     30-day review, prior to implementing                    procurement contracts and cooperative                  shall afford the Council and the
     the undertaking. Upon receiving the                     agreements with consulting parties and                 National Park Service a reasonable
     written views of the Council, the                       qualified organizations with a                         opportunity to comment on the NEPA
     Garrison commander must consider the                    demonstrated interest in management of                 document(s) prepared for or associated
     Council’s comments and provide                          the installation’s historic properties.                with the undertaking prior to its
     written documentation of his or her                        (iii) This SOP will recognize that:                 approval.
     decision to the Council and the                            (A) Federally recognized Indian                        (7) Shared Public Data: This SOP
     consulting parties.                                     Tribes are uniquely qualified to identify,             shall provide for the sharing of data
        (2) Review and Monitoring: This SOP                  evaluate, and treat historic properties to             between the installation and consulting
     shall establish an annual review and                    which they attach traditional religious                parties and the public.
     monitoring coordination process among                   and cultural importance on and off                        The procedure should, at a minimum,
     appropriate installation staff and                      Tribal lands;                                          identify the categories of data to be
     consulting parties. Review and                             (B) Native Hawaiian organizations are               shared, the format in which the data
     monitoring shall:                                       uniquely qualified to identify, evaluate,              will be provided and the standards of
        (i) Provide in advance, sufficient                   and treat historic properties to which                 data accuracy that will be met. To the
     information to allow meaningful                         they attach traditional religious and                  greatest extent permitted by law,
     participation of consulting parties in the              cultural importance; and,                              including section 304 of the Act and
     review and monitoring process;                             (C) SHPOs and THPOs possess                         section 9 of ARPA, this SOP shall also
        (ii) Include review of the installation’s            indispensable professional expertise for               ensure that shared data concerning the
     programmed undertakings for the                         identification and evaluation of historic              precise location and nature of historic
     upcoming fiscal year to provide                         properties as well as assessment and                   properties, properties of traditional
     consulting parties an advanced                          treatment of effects.                                  religious and cultural importance, and
     opportunity to express their views on                      (iv) This SOP shall ensure that all                 sacred sites identified pursuant to
     specific methods for identification,                    actions to implement the HPC will be                   Executive Order 13007 are protected
     evaluation, and treatment of historic                   taken by individuals who meet                          from public disclosure through NEPA or
     properties affected by such                             professional standards under                           the Freedom of Information Act.
     undertakings;                                           regulations established by the Secretary               Particular care should be taken to
        (iii) Include evaluation of past                     of Interior in accordance with section                 safeguard electronic data.
     undertakings for the concluded fiscal                   112 (a)(1)(A) of the Act. The Army
                                                             Agency Official shall ensure that                      Section 4.0: Program Review and
     year and the results of historic
                                                             professional standards, as defined in                  Certification
     preservation efforts related to those
     undertakings;                                           section 1.5 of these procedures, are met                 The Garrison commander shall
        (iv) Include evaluation of the                       in the conduct of identification,                      develop a final HPC only after
     effectiveness of the installation’s HPC                 evaluation, and assessment of effects                  completing internal Army review and
     and the need to make amendments to it;                  and treatment of historic properties.                  consultation with consulting parties and
     and,                                                    When the Army requests assistance                      public participation in accordance with
        (v) Rely to the greatest extent                      from Federally recognized Indian Tribes                the procedures set forth in this section.
     practicable, on information generated by                and Native Hawaiian organizations in                   The Garrison commander shall sign and
     existing Army auditing, programming,                    the identification, evaluation,                        implement the final HPC in recognition
     and reporting systems.                                  assessment of effects and treatment of                 of its status as a section 106 legal


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                                      Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices                                            20585

     compliance document. Should the                         program review pursuant to section 4.1,                  (5) Where a SHPO, THPO, Tribal
     Garrison commander change during                        the installation shall release the Draft               government or Native Hawaiian
     HPC implementation, the CRM or                          HPC and NEPA document, including, if                   organization has objected in writing to
     Native American Affairs Coordinator,                    appropriate, a draft Finding of No                     the Draft HPC and refused to be a
     shall advise the incoming Garrison                      Significant Impact to the public for 30-               signatory, Garrison commanders shall
     commander of the HPC, its content,                      day review and comment. The                            consult with the objecting party to
     commitments and legal effect.                           installation shall publicize the                       resolve the objection, prior to
                                                             availability of these documents using                  forwarding the Draft HPC and
     4.1 Army Program Review
                                                             appropriate public notification                        supporting documentation to the
        (a) Garrison commanders complying                    procedures established by the Army’s                   Council for review and certification.
     with these procedures in lieu of 36 CFR                 published NEPA regulations, 32 CFR
     part 800 shall forward a Draft HPC,                                                                            4.3 Council Review and Certification
                                                             part 651. In addition, the installation
     meeting the requirements set forth in                   shall forward copies of the Draft HPC                     (a) After considering, and where
     section 3.0, through the IMA, NGB or                    and Draft NEPA document to any                         appropriate, addressing the views of
     applicable MACOM to the ACSIM for                       members of the public who have been                    other consulting parties and the public,
     review and comment through the                          identified as having an interest in the                and consulting to resolve objections, the
     following procedures.                                   effects of Army activities on historic                 Garrison Commander shall sign the final
        (b) The Garrison commander shall                     properties located on the installation or              HPC. The Garrison Commander shall
     forward the Draft HPC and supporting                    affected by installation activities, and               then obtain the signature of consulting
     documentation that will include:                        local government officials.                            parties (other than those with
        (1) The Draft HPC addressing all                        (b) Tribal, Native Hawaiian                         outstanding objections), and forward the
     program elements set forth in section                   organization, SHPO, THPO and Council                   signed HPC to the Council with a
     3.0;                                                    Review:                                                request to review and certify the
        (2) The Draft NEPA document,                            (1) Concurrent with public review, the              installation’s HPC. The following
     generally an EA, developed to consider                  Garrison commander shall forward the                   supporting documentation will be
     the environmental impacts of adopting                   Draft HPC and NEPA document to the                     included:
     and developing the Draft HPC;                           following entities and invite their views:                (1) Final NEPA documentation,
        (3) Confirmation that relevant                                                                                 (2) Written views, if any, of consulting
                                                                (i) The Council;
     installation level staff, including legal,                                                                     parties, including SHPO, THPO, Tribal
                                                                (ii) The SHPO;
     operations and training, facilities and                                                                        governments or Native Hawaiian
                                                                (iii) The THPO for any Federally
     public works, have reviewed the Draft                                                                          organizations,
                                                             recognized Indian Tribe where historic
     HPC;                                                                                                              (3) Summary of consultation with
                                                             properties on Tribal lands will be
        (4) Summary of consultation with                                                                            consulting parties, including SHPO,
                                                             affected by installation activities,
     consulting parties and the results of                                                                          THPO, Tribal governments or Native
                                                             including those properties of traditional
     such consultation, including the written                                                                       Hawaiian organization(s),
                                                             religious and cultural importance to the
     comments, if any; and,                                                                                            (4) Any views expressed by the
        (5) An explanation of outstanding                    Tribe;
                                                                                                                    public; and,
     issues of concern when the Draft HPC                       (iv) The Tribal government and Native                  (5) Where a consulting party has
     does not reflect the mutual agreement of                Hawaiian organization that attaches                    declined to participate as a signatory to
     the installation and consulting parties.                traditional religious and cultural                     the HPC, a summary of the party’s
        (c) The IMA, NGB or applicable                       importance to any historic property on                 objections and the installation’s efforts
     MACOM shall transmit the review                         the installation or affected by                        to resolve the objections.
     package and any comments they may                       installation activities;                                  (b) The Council shall review the HPC
     have to the ACSIM within 30 days.                          (v) any other consulting parties that               to determine whether it meets the
        (d) The ACSIM shall conduct Army                     have taken part in development of the                  following certification criteria:
     staff review of the Draft HPC and                       HPC; and,                                                 (1) Establish the Program Elements set
     supporting documentation and provide                       (2) Within 30 days of receipt of Draft              forth in section 3.0;
     the Army staff review comments, or                      HPC and NEPA document, consulting                         (2) Include appropriate SOPs to
     endorsement, of the draft HPC through                   parties shall:                                         ensure that the installation will
     the IMA, NGB or applicable MACOM to                        (i) Provide their written views to the              effectively manage its historic
     the Garrison commander regarding the                    installation;                                          properties, identify and consider the
     Draft HPC’s consistency with Army                          (ii) Indicate whether or not they                   effects of its undertakings on historic
     technical, legal and policy practices.                  intend to be a signatory to the HPC; and,              properties, including those of traditional
        (e) The Garrison commander shall                        (iii) Identify specific objections to the           religious and cultural importance to a
     release the Draft HPC and NEPA                          HPC.                                                   Federally recognized Indian Tribe or
     document for review by the public and                      (3) If any consulting party fails to                Native Hawaiian organization, apply
     consulting parties in accordance with                   provide written response within the 30-                appropriate treatment standards, and
     the procedures set forth in section 4.2                 day review period, the Garrison                        coordinate and consult with consulting
     after receiving ACSIM endorsement.                      commander may presume there is no                      parties;
     The Garrison commander shall                            objection by that consulting party to the                 (3) Demonstrate that it was developed
     withhold sensitive site data to the                     Draft HPC.                                             in consultation with the SHPO, THPO,
     greatest extent permitted by ARPA and                      (4) Garrison commanders shall                       Tribal governments or Native Hawaiian
     the Act.                                                consider the comments from the public                  organizations that attach traditional
                                                             and the written views and                              religious and cultural importance to
     4.2 Consulting Party and Public                         recommendations of the Council, SHPO,                  historic properties on the installation or
     Review                                                  THPO, Tribal government or Native                      affected by installation activities;
       (a) Public Review. After consultation                 Hawaiian organization, and make                           (4) Demonstrate that the public
     with consulting parties in accordance                   adjustments to the Draft HPC and NEPA                  participated in development and/or
     with section 3.4, and internal Army                     document, if appropriate.                              review;


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     20586                            Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices

        (5) Establish procedures for                            (1) Address the identified deficiency               Program Alternative executed in
     coordination to facilitate review and                   and resubmit the HPC and supporting                    accordance with 36 CFR part 800.14.
     monitoring;                                             documentation to the Council for                         (2) Undertakings categorically
        (6) Establish procedures for obtaining               certification in accordance with section               excluded by an installation’s HPC
     Council and National Park Service                       4.3(a), in which case the Council shall                pursuant to section 3.5(d).
     comments through the NEPA process                       conduct the review and provide a                         (3) Undertakings where there is an
     where an undertaking will have a direct                 certification determination pursuant to                imminent threat to human health and
     and adverse effect on an NHL; and,                      section 4.3(b)–(c); or,                                safety. Such actions include:
        (7) For installations with identified                   (2) Object, in writing, to the Council’s              (i) In-place disposal of unexploded
     NHLs, establish procedures, where                       recommendations and consult with the                   ordnance;
     feasible, for minimizing the effects of                 Council to resolve the objections.                       (ii) Disposal of ordnance in existing
     undertakings that may have a direct and                    (i) If, after good faith consultation, the          open burning/open detonation units;
                                                             Council and Garrison commander agree                     (iii) Emergency response to releases of
     adverse effect on an NHL.
                                                             that the objection(s) cannot be resolved,              hazardous substances, pollutants and
        (c) Within 30 days of its receipt of the                                                                    contaminants; and,
     HPC and supporting documentation, the                   the installation shall notify the ACSIM
                                                             through the IMA, NGB or applicable                       (iv) Military training and testing
     Council shall apply the certification                                                                          activities in existing designated surface
     criteria set forth in section 4.3(b)(1)–(7),            MACOM.
                                                                (ii) If, 30 days after ACSIM                        danger zones (e.g. dudded impact areas).
     and shall:                                                                                                       (b) Where a Federally recognized
        (1) Determine that the installation’s                notification, objections remain
                                                                                                                    Indian Tribe has entered into an
     HPC meets the criteria and sign the                     unresolved, consultation under these
                                                                                                                    agreement with the Council to substitute
     HPC, certifying the installation to                     procedures shall terminate and the
                                                                                                                    Tribal historic preservation regulations
     comply with section 106 of the Act                      Garrison commander will notify
                                                                                                                    for the Council’s regulations under
     through implementation of the HPC.                      consulting parties and continue to
                                                                                                                    section 101(d)(5) of the Act, the Army
     Within 30 days of receiving the                         operate under 36 CFR part 800.
                                                                                                                    shall follow those Tribal historic
     Council’s certification, the Garrison                      (3) The Garrison commander may
                                                                                                                    preservation regulations for
     commander shall provide signed copies                   resubmit his request for certification
                                                                                                                    undertakings occurring on or affecting
     of the certified HPC to consulting                      and reinitiate consultation at any time
                                                                                                                    historic properties on Tribal lands.
     parties; or,                                            after termination.                                       (c) In instances where another Federal
        (2) Determine that the installation                  4.4 Effect of Certification                            agency is involved with the Army in an
     historic preservation program shall meet                   (a) Installations with a certified HPC              undertaking, the Army and the other
     the certification criteria with minor                   shall operate under the procedures set                 agency may mutually agree that the
     adjustments; and,                                       forth herein as implemented by that                    other agency be designated as lead
        (i) Provide views to the installation                HPC. The provisions of the certified                   Federal agency. In such cases,
     with suggested changes, and,                                                                                   undertakings will be reviewed in
                                                             HPC shall substitute for the
        (ii) Sign the HPC, subject to the                                                                           accordance with 36 CFR part 800.
                                                             requirements of 36 CFR part 800 for a
     installation’s incorporation of changes,                period of five years from the date of                  Section 5.0: Amendment and
     certifying the installation to comply                   certification.                                         Recertification
     with section 106 of the Act through                        (b) Installations applying these
     implementation of the HPC. Within 60                    procedures that have not met                           5.1 Plan Amendment
     days of receipt of the Council’s                        certification requirements shall review                  (a) At any time after obtaining Council
     certification, the Garrison commander,                  undertakings in accordance with the                    certification, a consulting party may
     unless an extension period is agreed to,                procedures set forth in 36 CFR part 800.               identify changed circumstances and
     shall make the recommended changes                         (c) Installations shall implement                   propose an HPC amendment to the
     and shall provide copies of the revised                 treatment and mitigation commitments                   Garrison commander.
     HPC to the Council, and the consulting                  made in existing project-specific                        (b) If the Garrison commander
     parties. If the Council does not receive                Memoranda of Agreement (MOAs) and                      determines that an amendment to an
     the installation changes within 60 days                 Programmatic Agreements (PAs). Upon                    HPC may be necessary, the installation
     or the extension period, the Council                    completion of pre-existing mitigation                  shall continue to review undertakings
     shall notify the Garrison commander                     and treatment requirements, such                       and treat adverse effects in accordance
     and consulting parties that the HPC has                 agreements shall terminate.                            with the established HPC, unless he/she
     failed to meet certification criteria, and              Requirements of other installation level               determines that the HPC is insufficient
     the installation shall follow section                   Programmatic Agreements shall                          to meet its responsibilities under section
     4.3(d), below.                                          terminate upon certification. However,                 106 of the Act. If the Garrison
        (3) Determine that the installation has              successful procedures in such                          commander determines that the HPC is
     failed to meet one or more of the                       agreements for the identification,                     no longer sufficient to meet those
     certification criteria set forth in section             evaluation, assessment of effects and                  responsibilities, it shall review its
     4.3(b)(1)–(7), and:                                     treatment of historic properties should                undertakings in accordance with 36 CFR
        (i) Provide the installation with                    be considered during consultation, and                 part 800 until the proposed HPC
     formal written views that identify the                  if appropriate, integrated in the SOPs.                amendment is completed.
     specific criterion and related deficiency;                                                                       (c) Where the Garrison commander
     and,                                                    4.5 Exempt Undertakings                                determines that an amendment
        (ii) Make specific recommendations to                  (a) The following categories of                      proposed by a consulting party is not
     the installation for addressing the                     undertakings are exempt from further                   necessary, and agreement cannot be
     identified deficiency.                                  review by an installation operating                    reached between the Garrison
        (d) Where the Council has determined                 under a certified HPC:                                 commander and the consulting party to
     that the installation’s HPC has failed to                 (1) Undertakings addressed through a                 amend the HPC, the consulting party
     meet the certification criteria, the                    fully executed nationwide                              may request Council review under
     Garrison commander shall:                               Programmatic Agreement or other                        section 7.2.


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                                      Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices                                           20587

        (d) Major Amendments: Any proposal                   cannot be resolved, installation shall                 consulting party may object in writing
     to alter, delete, or add to an HPC’s list               notify the ACSIM through the IMA,                      to the Council’s determination. The
     of categorical exclusions, best                         NGB or applicable MACOM.                               objection must:
     management practices, or established                      (B) If, 30 days after ACSIM                            (1) Be forwarded to the Council, and
     standard operating procedures shall be                  notification, objections remain                        the Garrison commander;
     considered a Major Amendment to the                     unresolved, consultation shall terminate                 (2) Be specifically related to a
     HPC.                                                    and the installation shall either                      deficiency in:
        (1) The Garrison commander shall:                    continue implementation of its certified                 (i) Consultation with the consulting
        (i) Forward the proposed amendment                   HPC without the amendment or, where                    party; and/or,
     to consulting parties;                                  that is not feasible, comply with 36 CFR                 (ii) Consideration of historic
        (ii) Consult with such parties and                   part 800. The Garrison commander shall                 properties of importance to that
     invite them to be signatories on the HPC                notify consulting parties of the final                 objecting party.
     Major Amendment; and,                                   decision.                                                (b) The Council shall review the
        (iii) Seek and consider views of the                   (iii) The Garrison commander may                     objection, obtain the installation’s
     public through the NEPA process, if                     reinitiate consultation on the proposed                views, and within 30 days provide the
     applicable.                                             amendment to the HPC any time after                    Council’s written determination to both
        (2) Within 45 days of its receipt of the             termination.                                           the objecting party and the Garrison
     proposed HPC Major Amendment, each                        (e) Minor Amendments: When                           commander.
     consulting party shall:                                 circumstances at an installation change,                 (c) The Council’s written
        (i) Provide written comments to the                  requiring Minor Amendment(s) to an                     determination shall either:
     installation;                                           administrative provision in the                          (1) Validate the Council’s previous
        (ii) Indicate whether it intends to be               installation’s HPC, such as                            determination to certify or recertify the
     a signatory to the proposed HPC Major                   identification of the CRM, Coordinator                 HPC, or to approve a Major
     Amendment; and, if not,                                 for Native American Affairs, changes to                Amendment;
        (iii) Provide written objections to both             the planning level survey, changes to                    (2) Allow the installation to continue
     the Garrison commander and the                          the list of categorized undertakings, and              implementation while resolving
     Council.                                                technical editorial changes, the Garrison              objections; or,
        (3) When a consulting party fails to                                                                          (3) Revoke the previous determination
                                                             commander shall:
     provide written response within the 45-                                                                        and require the installation to review its
                                                               (1) Amend the HPC without further
     day review period, the Garrison                                                                                undertakings in accordance with 36 CFR
                                                             consultation or coordination; and,
     commander may presume that there is                                                                            part 800.
                                                               (2) Provide a Notice of Change to
     no objection to the proposed HPC Major
                                                             consulting parties and the Council.                    6.2 Evaluation of HPC Implementation
     Amendment by that consulting party.
        (4) If all consulting parties and the                5.2    Recertification                                    (a) Any time subsequent to Council
     Garrison commander concur with the                         (a) No later than six months prior to               certification or recertification, if a
     proposed HPC Major Amendment, the                       expiration of the five-year term of                    consulting party believes that an
     Garrison commander shall obtain the                     certification, the Garrison commander                  installation has failed to implement its
     consulting parties signatures on the                    shall initiate the process for obtaining               HPC, the consulting party shall first
     final HPC major amendment and                           renewed certification through the                      notify the Garrison commander, in
     forward it to the Council for review,                   procedures set forth in sections 3.0 and               writing, of its objection. The consulting
     approval, and signature. If the Council                 4.0 of these procedures.                               party must provide information and
     does not respond within 30 days of its                     (b) The installation shall continue to              documentation sufficient to set forth the
     receipt of the amendment, then the                      operate under its certified HPC during                 basis for its objection. The Garrison
     amendment shall be considered final.                    the recertification process unless the                 commander and consulting party shall
     The Garrison commander shall send                       five-year term of the HPC has expired.                 attempt to resolve the objection
     copies of the final signed HPC Major                    Where the five-year term of the HPC has                informally before proceeding with the
     Amendment to consulting parties and                     expired, the Garrison commander shall:                 formal procedures set forth below.
     the ACSIM through the IMA, NGB or                                                                                 (b) If a consulting party has raised an
                                                                (1) Continue to operate under the
     applicable MACOM.                                                                                              objection with the Garrison commander
                                                             certified HPC for a period of time to be
        (5) If all consulting parties do not                                                                        and the objection has not been resolved
                                                             determined by the Council, in
     concur with the proposed HPC Major                                                                             informally, the objecting party may
                                                             consultation with the Garrison
     Amendment and/or the Council objects                                                                           elevate its objection to the Council, in
                                                             commander; and,
     within 30 days of the proposed                                                                                 writing. The written objection must:
                                                                (2) Inform consulting parties of the
     amendment, the Council shall provide                                                                              (1) Be forwarded to the Council and
                                                             time extension, and work with them
     its written views and recommendations                                                                          the Garrison commander;
                                                             towards completing the recertification
     on the proposed HPC Major                                                                                         (2) Be specifically related to an
                                                             process; or,
     Amendment to the Garrison                                                                                      installation’s failure to implement an
                                                                (3) Inform consulting parties and
     commander;                                                                                                     identified SOP in the HPC; and,
                                                             review individual undertakings in                         (3) Describe the objecting party’s
        (i) If the Garrison commander
                                                             accordance with 36 CFR part 800 until                  efforts to resolve the objection
     considers the Council’s views and
                                                             recertification of the HPC is completed.               informally at the installation level.
     implements the Council’s
     recommendations, then the HPC Major                     Section 6.0: Administrative Remedies                      (c) Where the consulting party has
     Amendment shall be considered final.                                                                           objected to a specific undertaking, the
                                                             6.1 Evaluation of Council                              Garrison commander shall, during the
        (ii) If the Garrison commander objects
                                                             Determinations                                         15-day Council review period set forth
     to the Council’s recommendations, the
     Garrison commander shall consult with                      (a) Within 30 days of the Council’s                 below, defer that discrete portion of the
     the Council to resolve the objections.                  final determination to certify or recertify            undertaking which may cause adverse
        (A) If the Council and the Garrison                  an installation to operate under its HPC,              effects to historic properties. This
     commander agree that the objection                      or approve a Major Amendment, a                        deferral provision will not apply where


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     20588                            Federal Register / Vol. 69, No. 74 / Friday, April 16, 2004 / Notices

     the activity at issue is an exempt                      The Council shall publish in the                           Protection and Repatriation Act
     undertaking under section 4.5 or where                  Federal Register a notice of such                      NEPA The National Environmental Policy
     the adverse effects have been                           amendment within 30 days after their                       Act
     documented as acceptable loss under an                  approval. Technical and administrative                 NGB National Guard Bureau
                                                                                                                    NHL National Historic Landmark
     installation’s HPC implementing section                 amendments shall not modify the role of                NHPA The National Historic Preservation
     3.5(f)(1)(vi) of these procedures.                      consulting parties in the Army Alternate                   Act
       (d) The Council, within 15 days of                    Procedures.                                            PA Programmatic Agreement
     receiving the written objection of a                                                                           PLS Planning Level Survey
                                                             7.2 Council Review of Installation
     consulting party, shall provide a written                                                                      SHPO State Historic Preservation Officer
                                                             Compliance
     response to the consulting party and the                                                                       SOP Standard Operating Procedure
     Garrison commander, expressing its                         (a) The Council may review an                       THPO Tribal Historic Preservation Officer
     views, and, if appropriate, making                      installation’s compliance with its HPC                   Authority: 16 U.S.C. 470s; 36 CFR
     specific recommendations for resolution                 only where a documented pattern of                     800.14(a).
     of the consulting party’s objections.                   failure to implement the installation’s                  Dated: April 13, 2004.
       (e) If the Council does not provide its               HPC is evident. The Council’s review                   John M. Fowler,
     written views within the 15-day review                  may be undertaken on its own initiative                Executive Director.
     period, the Garrison commander shall                    or at the request of a consulting party
                                                                                                                    [FR Doc. 04–8681 Filed 4–15–04; 8:45 am]
     assume that there is no Council                         based in part on the objections rising
                                                                                                                    BILLING CODE 4310–10–P
     objection and proceed with the                          from evaluation under section 6.2.
     undertaking.                                            Based on its review, the Council shall:
       (f) If the Council does provide its                      (1) Determine that the installation is
     written views within the 15 day review                  substantially complying with the HPC                   DEPARTMENT OF AGRICULTURE
     period, the Garrison commander shall                    and make recommendations for program
                                                                                                                    Office of the Secretary
     document Army consideration of the                      improvements; or,
     Council’s views, provide copies of the                     (2) Initiate consultation with the                  Notice of the Research, Education, and
     documentation to the Council and the                    Garrison commander, and recommend a                    Economics Task Force Meeting
     objecting consulting party, and proceed                 course of action to ensure installation
     with the undertaking.                                   implementation of its HPC.                             AGENCY: Research, Education, and
       (g) The Council may also object to an                    (3) Provide a copy of any written                   Economics, USDA.
     installation’s implementation of its                    recommendations to consulting parties.                 ACTION: Notice of meeting.
     HPC, in which case the Council will                        (b) The Garrison commander, after
     provide its written views and specific                  receiving Council recommendations,                     SUMMARY: In accordance with the
     recommendations for resolution to the                   shall either:                                          Federal Advisory Committee Act, 5
     Garrison commander for his or her                          (1) Conclude consultation and                       U.S.C. App., the United States
     consideration. The Garrison commander                   implement its HPC in accordance with                   Department of Agriculture announces a
     shall document Army consideration of                    Council recommendations; or, (2)                       meeting of the Research, Education, and
     the Council’s views, and provide copies                 Obtain ACSIM endorsement to revert to                  Economics Task Force.
     of the documentation to the Council and                 operation under 36 CFR part 800 and                    DATES: The Research, Education, and
     the consulting parties.                                 provide notice to consulting parties and               Economics Task Force will meet on
                                                             the Council.                                           April 20, 2004. The public may file
     Section 7.0: Council Review of Army                                                                            written comments before or up to two
     Section 106 Compliance                                  Appendix A: Acronyms                                   weeks after the meeting with the contact
     7.1 Council Review of Army Alternate                    Acronyms Used in Army Alternate                        person.
     Procedures                                              Procedures for Historic Properties                     ADDRESSES: On April 20th, the meeting
                                                             AAP Army Alternate Procedures                          will take place at the Lowes L’Enfant
        (a) The Council may periodically                     ACSIM Assistant Chief of Staff for                     Plaza Hotel, 480 L’Enfant Plaza, SW.,
     evaluate the effectiveness of these                         Installation Management                            Washington, DC, 20024.
     procedures in meeting the mandates,                     AR 200–2 Army Regulation 200–2:                          Written comments from the public
     goals and objectives of section 106 of                      Environmental Effects of Army Actions              may be sent to the Contact Person
     the Act and make recommendations to                     Act The National Historic Preservation Act
                                                                                                                    identified in this notice at: The
     the Army to improve the efficiency and                  APE Area of Potential Effects
                                                             ARPA The Archeological Resources                       Research, Education, and Economics
     effectiveness of its compliance with
                                                                 Protection Act                                     Task Force; Office of the Under
     section 106, under these procedures.
                                                             CRM Cultural Resources Manager                         Secretary, Room 214–W, Jamie L.
        (b) As required by section 203 of the
                                                             DA PAM 200–4 Department of the Army                    Whitten Building, United States
     Act, the Army shall assist the Council
                                                                 Pamphlet 200–4: Cultural Resources                 Department of Agriculture, 1400
     in their evaluation by providing                            Management                                         Independence Ave., SW., Washington,
     requested documentation on Army                         DEP Director of Environmental Programs                 DC 20250.
     policies, procedures, and actions taken                 EA Environmental Assessment
                                                                                                                    FOR FURTHER INFORMATION CONTACT:
     to comply with section 106 of the Act.                  EIS Environmental Impact Statement
        (c) The Council shall make the results               FPO Federal Preservation Officer                       Kathryn Boots, Executive Director,
     of any evaluation conducted under this                  HPC Historic Properties Component (the                 Research, Education, and Economics
     section available for public inspection.                    section 106 portion of an ICRMP)                   Task Force; telephone: (202) 690–0826;
        (d) Upon request by Headquarters,                    HQDA Headquarters, Department of the                   fax: (202) 690–2842; or e-mail:
     Department of the Army, the Council                         Army                                               katie.boots@usda.gov.
                                                             ICRMP Integrated Cultural Resources
     may adopt technical and/or                                  Management Plan                                    SUPPLEMENTARY INFORMATION: On
     administrative amendments to the Army                   IMA Installation Management Agency                     Tuesday, April 20th, the Research,
     Alternate Procedures. Such                              MACOM Major Command                                    Education, and Economics Task Force
     amendments will take effect upon                        MOA Memorandum of Agreement                            will hold a general meeting at the Lowes
     approval by the Council’s Chairman.                     NAGPRA The Native American Graves                      L’Enfant Plaza Hotel. The Task Force


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