Common use of Implementation and Duration Clause in Contracts

Implementation and Duration. ‌ 477 a. This PA becomes effective on the date of the last signature written below. Unless 478 sooner terminated and except as modified, this PA will remain in effect for a period of 479 ten years after the date of the last signature, at which time it may be renewed, revised, 480 or terminated. 481 Execution and implementation of this PA evidences that the FS has afforded the ACHP a 482 reasonable opportunity to comment on its undertakings, and has satisfied its Section 106 483 responsibilities for compliance with the NHPA. 484 Signatories: 485 486 XXXX X. XXXXXXXXX Date 487 Regional Forester, Alaska Region 488 USDA Forest Service 489 490 XXXXXX X. XXXXXXX Date 491 Alaska State Historic Preservation Officer 492 Office of History and Archaeology 493 494 XXXX X. XXXXXX Date 495 Executive Director 496 Advisory Council on Historic Preservation 497 Invited Signatories: 498 499 Date 500 Concurring Parties: 501 502 XXXXX XXXXXXXX Date 503 Forest Supervisor 504 Chugach National Forest 505 506 XXXX XXXXXXX Date 507 Forest Supervisor 508 Tongass National Forest 509 510 Date 511 APPENDIX A: Glossary, Acronyms, and Abbreviations 512 Definitions used in this PA are the same as those in the NHPA and 36 CFR 800, unless otherwise 513 defined in this PA. 514 ABA Architectural Barriers Act. Federal agencies are responsible for ensuring 515 compliance with the ABA standards when funding the design, 516 construction, alteration, or leasing of facilities. XXX (Americans with 517 Disabilities Act) applies to businesses, State and local governments and 518 does not apply to federal agencies. 519 ACHP Advisory Council on Historic Preservation 520 AHRS Alaska Heritage Resources Survey 521 Alaska Native corporations 522 “Created under the Alaska Native Claims Settlement Act (43 USC Chapter 523 33), these corporations manage lands and resources for Alaska Natives. 524 While not federally recognized Indian tribes, consultation is required with 525 these organizations in some instances as if they were Indian tribes 526 pursuant to Public Laws 108-199 and 108-447 directing all Federal 527 agencies to consult with Alaska Native corporations on the same basis as 528 Indian tribes under Executive Order 13175. This type of consultation is 529 considered government-to-corporation, rather than government-to- 530 government” (FSM 1563.05). 531 APE Area of Potential Effects 532 ARPA Archaeological Resources Protection Act 533 CFR Code of Federal Regulations 534 Cultural Resources “An object or definite location of human activity, occupation, or use 535 identifiable through field survey, historical documentation, or oral 536 evidence. Cultural resources are prehistoric, historic, archeological, or 537 architectural sites, structures, places, or objects and traditional cultural 538 properties.…cultural resources include the entire spectrum of resources 539 for which the Heritage Program is responsible from artifacts to cultural 540 landscapes without regard to eligibility for listing on the National Register 541 of Historic Places” (FSM 2360.5). Note that this is also the accepted NEPA 542 definition of “cultural resources”. 543 District Ranger District on a National Forest 544 EA Environmental Analysis 545 EIS Environmental Impact Statement 546 Federally Recognized Tribe 547 “An American Indian or Alaska Native tribal entity that is recognized as 548 having a government-to-government relationship with the United States, 549 with the responsibilities, powers, limitations, and obligations attached to 550 that designation, and is eligible for funding and services from the Bureau 551 of Indian Affairs. Furthermore, federally recognized tribes are recognized 552 as possessing certain inherent rights of self-government (i.e., tribal 553 sovereignty) and are entitled to receive certain federal benefits, services, 554 and protections because of their special relationship with the United 555 States.” 556 FONSI Finding of No Significant Impact 557 Forest Tongass National Forest or Chugach National Forest 558 FS Forest Service 559 FSH Forest Service Handbook 560 FSH 1509.13 Forest Service Handbook, American Indian and Alaska Native Relations 561 FSH 2309.12 Forest Service Handbook, Heritage Program Management 562 FSM Forest Service Manual 563 FSM 1563 Forest Service Manual, Tribal Relations 564 FSM 2360 Forest Service Manual, Heritage Program Management 565 FY Fiscal Year 566 Government to Government Consultation 567 “Also “Tribal Consultation”. The timely, meaningful, and substantive 568 dialogue between Forest Service officials who have delegrated authority 569 to consult, and the official leadership of federally recognized Alaska 570 Native tribe(s) or Alaska Native corporation(s), or their designated 571 representatitive(s), pertaining to decisions or actions that may have tribal 572 implications” (FSM 1563.05). 573 Heritage Professional 574 “A Forest Service staff or advisory position with education and expertise 575 in archaeology, history, cultural resources management, or related 576 disciplines. Heritage professionals are in the GS-170-History, GS-190- 577 General Anthropology, and GS-193-Archaeology job series. They provide 578 professional recommendations and services to help land managers meet 579 their Heritage Program responsibilities” (FSM 2360.5)…“including cultural 580 resource identification (inventory), evaluation, allocation, protection, 581 stewardship, curation, and reporting. Only heritage professionals may 582 make management recommendations and review and recommend 583 approval of heritage work done by archaeological technicians, 584 paraprofessionals, contractors, cooperators, and volunteers” (FSM 585 2360.91.1.). Heritage professionals are employed at the Region, Forest or 586 District level. 587 Historic property “Any prehistoric or historic district, site, building, structure, or object 588 included in, or eligible for inclusion in, the National Register of Historic 589 Places maintained by the Secretary of the Interior. This term includes 590 artifacts, records, and remains that are related to and located within such 591 properties. The term includes properties of traditional religious and 592 cultural importance to an Indian tribe or Native Hawaiian organization 593 and that meet the National Register criteria” [36 CFR 800.16(l)(1)]. 594 Indian tribe “An Indian tribe, band, nation, or other organized group or community, 595 including a native village, regional corporation or village corporation, as 596 those terms are defined in section 3 of the Alaska Native Claims 597 Settlement Act (43 USC 1602), which is recognized as eligible for the 598 special programs and services provided by the United States to Indians 599 because of their status as Indians” [36 CFR 800.16(m)]. For this PA the 600 more commonly used “Alaska Native tribe(s)” and “Alaska Native 601 corporation(s)” is the preferred terminology when referring to “Indian 602 tribe(s)”. 603 Leave No Trace Sustainable minimum impact practices that mitigate or avoid recreation- 604 related impacts; principals such as camping, hiking, and picnicking in 605 areas near or on historic properties provided that the areas where 606 activities occur are not subject to large volumes of visitor traffic that may 607 cause adverse effects through overuse. Activities that include dispersed 608 low level activities where overall numbers of visitors are low. 609 Management Categories 610 The Forest Service assigns a Management Category to cultural resources. 611 These include Preservation, Enhancement, Scientific Investigation, or 612 Release From Management Under NHPA (see FSM 2363.3). 613 mhw mean high water 614 mllw mean lower low water 615 MOA Memoranda of Agreement 616 MOU Memoranda of Understanding 617 NAGPRA Native American Xxxxxx Protection and Repatriation Act 618 National Register National Register of Historic Places 619 NEPA National Environmental Policy Act 620 NFS CRR National Forest Service Cultural Resource Record 621 NFS DB National Forest Service Database 622 NHPA National Historic Preservation Act 623 Non-Federally Recognized Tribe 624 Any Indian tribe that does not meet the definition of federally recognized 625 tribe (above). 626 Parties Signatories and other interested parties. 627 OHA Office of History and Archaeology 628 PA This (4th Amended) Programmatic Agreement 000 XXX Xxxxx xx Xxx 630 Region USDA Forest Service Alaska Region 631 ROD Record of Decision 632 SOI Secretary of the Interior 633 SOI Treatment Standards 634 The Secretary of the Interior’s Standards for the Treatment of Historic 635 Properties. Guidelines providing professional standards and advice for 636 the preservation of all cultural resources listed in or eligible for listing in 637 the National Register of Historic Places. The ‘standards’ are not 638 regulatory. 639 SOI Qualifications Standards 640 The Secretary of the Interior’s Standards describing minimum 641 qualifications to be met to be considered “professional” in the fields of 642 Anthropology, Archaeology, History, Architecture, and related sub- 643 disciplines. 644 SHPO Alaska State Historic Preservation Officer 645 USC United States Code 646 USDA United States Department of Agriculture 647 APPENDIX B Authorized Undertakings‌ 648 Qualified Heritage Professionals shall use “General Guidelines” for each heading to evaluate 649 whether or not the undertaking is covered under this PA. If the undertaking does not meet a 650 guideline, then standard Section 106 procedures apply (Section III.c.). If it does, then choose 651 and document to file the appropriate reference for using this appendix. 652 In all cases, for any undertakings that involve historic buildings or structures, the Secretary of 653 the Interior’s Standards for the Treatment of Historic Properties shall be used as the primary 654 guidance for treatment. Specifically, only the Standards for Preservation and Guidelines for 655 Preserving Historic Buildings apply to this appendix. Any undertakings involving Rehabilitation, 656 Restoration, or Reconstruction are subject to standard Section 106 procedures. 657 Undertakings authorized under the terms of this PA with no further consultation if criteria 658 listed in the body of the PA section I.e.i.-v. are met: 659 Administrative Actions - General Guidelines 660 Any administrative action that has no potential to cause effects to historic properties. 661 This includes land acquisitions or exchanges unless land containing a known historic 662 property is expected to be conveyed out of federal ownership, in which case this PA does 663 not apply. 664 a. Administrative actions that result in land acquisition or interests‌ 665 [such as easements and Right of Ways (ROWs)] in land. 666 i. Surveying and posting landline boundaries. 667 ii. Issuance of special use permits that simply transfer the authorization, without 668 modification, from one owner to another when real property facilities under the 669 authorization are sold or transferred and no other actions are directly 670 authorized.

Implementation and Duration. ‌ ‌ 477 a. This PA becomes effective on the date of the last signature written below. Unless 478 sooner terminated and except as modified, this PA will remain in effect for a period of 479 ten years after the date of the last signature, at which time it may be renewed, revised, 480 or terminated. 481 Execution and implementation of this PA evidences that the FS has afforded the ACHP a 482 reasonable opportunity to comment on its undertakings, and has satisfied its Section 106 483 responsibilities for compliance with the NHPA. 484 Signatories: 485 486 XXXX X. XXXXXXXXX Date 487 Regional Forester, Alaska Region 488 USDA Forest Service 489 490 XXXXXX X. XXXXXXX Date 491 Alaska State Historic Preservation Officer 492 Office of History and Archaeology 493 494 XXXX X. XXXXXX Date 495 Executive Director 496 Advisory Council on Historic Preservation 497 Invited Signatories: 498 499 Date 500 Concurring Parties: 501 502 XXXXX XXXXXXXX Date 503 Forest Supervisor 504 Chugach National Forest 505 506 X. XXXX XXXXXXX Date 507 Forest Supervisor 508 Tongass National Forest 509 510 Date 511 APPENDIX A: Glossary, Acronyms, and Abbreviations 512 Definitions used in this PA are the same as those in the NHPA and 36 CFR 800, unless otherwise 513 defined in this PA. 514 ABA Architectural Barriers Act. Federal agencies are responsible for ensuring 515 compliance with the ABA standards when funding the design, 516 construction, alteration, or leasing of facilities. XXX (Americans with 517 Disabilities Act) applies to businesses, State and local governments and 518 does not apply to federal agencies. 519 ACHP Advisory Council on Historic Preservation 520 AHRS Alaska Heritage Resources Survey 521 Alaska Native corporations 522 “Created under the Alaska Native Claims Settlement Act (43 USC Chapter 523 33), these corporations manage lands and resources for Alaska Natives. 524 While not federally recognized Indian tribes, consultation is required with 525 these organizations in some instances as if they were Indian tribes 526 pursuant to Public Laws 108-199 and 108-447 directing all Federal 527 agencies to consult with Alaska Native corporations on the same basis as 528 Indian tribes under Executive Order 13175. This type of consultation is 529 considered government-to-corporation, rather than government-to- 530 government” (FSM 1563.05). 531 APE Area of Potential Effects 532 ARPA Archaeological Resources Protection Act 533 CFR Code of Federal Regulations 534 Cultural Resources “An object or definite location of human activity, occupation, or use 535 identifiable through field survey, historical documentation, or oral 536 evidence. Cultural resources are prehistoric, historic, archeological, or 537 architectural sites, structures, places, or objects and traditional cultural 538 properties.…cultural resources include the entire spectrum of resources 539 for which the Heritage Program is responsible from artifacts to cultural 540 landscapes without regard to eligibility for listing on the National Register 541 of Historic Places” (FSM 2360.5). Note that this is also the accepted NEPA 542 definition of “cultural resources”. 543 District Ranger District on a National Forest 544 EA Environmental Analysis 545 EIS Environmental Impact Statement 546 Federally Recognized Tribe 547 “An American Indian or Alaska Native tribal entity that is recognized as 548 having a government-to-government relationship with the United States, 549 with the responsibilities, powers, limitations, and obligations attached to 550 that designation, and is eligible for funding and services from the Bureau 551 of Indian Affairs. Furthermore, federally recognized tribes are recognized 552 as possessing certain inherent rights of self-government (i.e., tribal 553 sovereignty) and are entitled to receive certain federal benefits, services, 554 and protections because of their special relationship with the United 555 States.” 556 FONSI Finding of No Significant Impact 557 Forest Tongass National Forest or Chugach National Forest 558 FS Forest Service 559 FSH Forest Service Handbook 560 FSH 1509.13 Forest Service Handbook, American Indian and Alaska Native Relations 561 FSH 2309.12 Forest Service Handbook, Heritage Program Management 562 FSM Forest Service Manual 563 FSM 1563 Forest Service Manual, Tribal Relations 564 FSM 2360 Forest Service Manual, Heritage Program Management 565 FY Fiscal Year 566 Government to Government Consultation 567 “Also “Tribal Consultation”. The timely, meaningful, and substantive 568 dialogue between Forest Service officials who have delegrated authority 569 to consult, and the official leadership of federally recognized Alaska 570 Native tribe(s) or Alaska Native corporation(s), or their designated 571 representatitive(s), pertaining to decisions or actions that may have tribal 572 implications” (FSM 1563.05). 573 Heritage Professional 574 “A Forest Service staff or advisory position with education and expertise 575 in archaeology, history, cultural resources management, or related 576 disciplines. Heritage professionals are in the GS-170-History, GS-190- 577 General Anthropology, and GS-193-Archaeology job series. They provide 578 professional recommendations and services to help land managers meet 579 their Heritage Program responsibilities” (FSM 2360.5)…“including cultural 580 resource identification (inventory), evaluation, allocation, protection, 581 stewardship, curation, and reporting. Only heritage professionals may 582 make management recommendations and review and recommend 583 approval of heritage work done by archaeological technicians, 584 paraprofessionals, contractors, cooperators, and volunteers” (FSM 585 2360.91.1.). Heritage professionals are employed at the Region, Forest or 586 District level. 587 Historic property “Any prehistoric or historic district, site, building, structure, or object 588 included in, or eligible for inclusion in, the National Register of Historic 589 Places maintained by the Secretary of the Interior. This term includes 590 artifacts, records, and remains that are related to and located within such 591 properties. The term includes properties of traditional religious and 592 cultural importance to an Indian tribe or Native Hawaiian organization 593 and that meet the National Register criteria” [36 CFR 800.16(l)(1)]. 594 Indian tribe “An Indian tribe, band, nation, or other organized group or community, 595 including a native village, regional corporation or village corporation, as 596 those terms are defined in section 3 of the Alaska Native Claims 597 Settlement Act (43 USC 1602), which is recognized as eligible for the 598 special programs and services provided by the United States to Indians 599 because of their status as Indians” [36 CFR 800.16(m)]. For this PA the 600 more commonly used “Alaska Native tribe(s)” and “Alaska Native 601 corporation(s)” is the preferred terminology when referring to “Indian 602 tribe(s)”. 603 Leave No Trace Sustainable minimum impact practices that mitigate or avoid recreation- 604 related impacts; principals such as camping, hiking, and picnicking in 605 areas near or on historic properties provided that the areas where 606 activities occur are not subject to large volumes of visitor traffic that may 607 cause adverse effects through overuse. Activities that include dispersed 608 low level activities where overall numbers of visitors are low. 609 Management Categories 610 The Forest Service assigns a Management Category to cultural resources. 611 These include Preservation, Enhancement, Scientific Investigation, or 612 Release From Management Under NHPA (see FSM 2363.3). 613 mhw mean high water 614 mllw mean lower low water 615 MOA Memoranda of Agreement 616 MOU Memoranda of Understanding 617 NAGPRA Native American Xxxxxx Protection and Repatriation Act 618 National Register National Register of Historic Places 619 NEPA National Environmental Policy Act 620 NFS CRR National Forest Service Cultural Resource Record 621 NFS DB National Forest Service Database 622 NHPA National Historic Preservation Act 623 Non-Federally Recognized Tribe 624 Any Indian tribe that does not meet the definition of federally recognized 625 tribe (above). 626 Parties Signatories and other interested parties. 627 OHA Office of History and Archaeology 628 PA This (4th Amended) Programmatic Agreement 000 XXX Xxxxx xx Xxx 630 Region USDA Forest Service Alaska Region 631 ROD Record of Decision 632 SOI Secretary of the Interior 633 SOI Treatment Standards 634 The Secretary of the Interior’s Standards for the Treatment of Historic 635 Properties. Guidelines providing professional standards and advice for 636 the preservation of all cultural resources listed in or eligible for listing in 637 the National Register of Historic Places. The ‘standards’ are not 638 regulatory. 639 SOI Qualifications Standards 640 The Secretary of the Interior’s Standards describing minimum 641 qualifications to be met to be considered “professional” in the fields of 642 Anthropology, Archaeology, History, Architecture, and related sub- 643 disciplines. 644 SHPO Alaska State Historic Preservation Officer 645 USC United States Code 646 USDA United States Department of Agriculture 647 APPENDIX B Authorized Undertakings‌ 648 Qualified Heritage Professionals shall use “General Guidelines” for each heading to evaluate 649 whether or not the undertaking is covered under this PA. If the undertaking does not meet a 650 guideline, then standard Section 106 procedures apply (Section III.c.). If it does, then choose 651 and document to file the appropriate reference for using this appendix. 652 In all cases, for any undertakings that involve historic buildings or structures, the Secretary of 653 the Interior’s Standards for the Treatment of Historic Properties shall be used as the primary 654 guidance for treatment. Specifically, only the Standards for Preservation and Guidelines for 655 Preserving Historic Buildings apply to this appendix. Any undertakings involving Rehabilitation, 656 Restoration, or Reconstruction are subject to standard Section 106 procedures. 657 Undertakings authorized under the terms of this PA with no further consultation if criteria 658 listed in the body of the PA section I.e.i.-v. are met: 659 Administrative Actions – General Guidelines 660 662 Land Acquisitions or InterestsAdministrative Actions - General Guidelines 660 Any 663 LAny administrative action that has no potential to cause effects to historic properties. 661 664 This includes land acquisitions or exchanges unless land containing a known historic 662 665 property is expected to be conveyed out of federal ownership, in which case this PA does 663 666 not apply. 664 . 667 a. Administrative actions that result in land acquisition or interests‌ 665 668 [such as easements and Right of Ways (ROWs)] in land. 666 . 669 i. Surveying and posting landline boundaries. 667 670 ii. Issuance of special use permits that simply transfer the authorization, without 668 671 modification, from one owner to another when real property facilities under the 669 672 authorization are sold or transferred and no other actions are directly 670 673 authorized. 674 iii. Leasing of Historic Properties. Leasing of historic properties is allowed under the 675 terms of this PA provided that proposed treatments are consistent with other 676 activities described below. This PA may not be used when there is a change in 677 use, or where a series of projects cumulatively results in the rehabilitation, 678 restoriation, or reconstruction complete restoration or rehabilitation of a historic 679 property. 680 iv. Lands withdrawn from Mineral Entry so that they areit is closed to mining and 681 mineral exploration. 682 v. Transfer of a historic property out of federal control, provided that historic 683 preservation easements are put into place prior to transfer and that such 684 easements or restrictions are legally enforceable to ensure long-term 685 preservation of a historic property’s significance. 686 b. Activities carried out under a permit- General Guidelines‌ 687 Activities carried out under a permit that may cause ground disturbance. The 688 following activities governed by permits are allowed if less than one square meter of 689 cumulative ground disturbance will occur; or the activities are permitted to occur in 690 already disturbed areas, such as within the existing footprint of roads, trails or other 691 constructed campsites; Leave No Trace principles are followed; or are in areas that 692 have been previously surveyed to current standards (within the last 5 years) and no 693 historic properties have been documented. 694 i. Activities that occur under the authority of a special use permit such as filming of 695 movie or video productions, apiary permits, and information data collection. 696 ii. Activities carried out under permits that allow use of an area for dispersed 697 activities involving a party size of twelve (12) or fewer people. Examples of 698 activities include: hiking, picnicking, Christmas tree cutting; special forest 699 products gathering, bear-viewing visits, or Wilderness visits. XX says: Same comment as I made during the meeting, adequate snow cover depth should be defined and may differ depending on the types of activity/equipment used. Use of any in-house USFS standards(if there are any) may be appropriate. 700 iii. Activities that occur on or near historic properties where properties are 701 subsurface and are protected by a surface covering of snow deep enough to 702 ensure protection of the resources. Activities of this nature include snow 703 machining, downhill, or cross country skiing. 704 iv. Activities that utilize existing roads, trails, or constructed campsites, and no 705 increase in the footprint of existing improvements is expected. Activities of this 706 nature include commercial hauling over existing roads. 707 v. Activities that include tree cutting or small scale vegetation management that 708 have minimal potential to affect historic properties. 709 vi. Permit renewals that do not change the terms of the permit, provided that 710 monitoring continues to demonstrate that no historic properties are affected or 711 adversely affected per previous application of a PA or per an existing MOA. 712XVI. Ground Disturbing Activities‌ 713 a. Previously Disturbed Grounds - General Guidelines‌ 714 Previously disturbed grounds are defined as those where natural or human 715 disturbance has modified the landscape so extensively that the likelihood of finding a 716 historic property is negligible in the opinion of a Heritage Pprofessional. 717 i. Excavations for repair or replacement of non-historic building footings or 718 foundation work within two (2) feet of existing footings and foundations. 719 ii. Ongoing routine maintenance of immediately surrounding landscaping (such as 720 mowing and lawn repair), including such modifications as removal ofing non- 721 native vegetation, adding single plants or shrubs that blend with the existing 722 landscape, or adding rocks to define paths, where not otherwise prohibited, so 723 long as existing landscape characteristics are maintained and the method of 724 removal and installation does not disturb previously undisturbed ground or 725 historic properties. 726 iii. Tree planting or removal in areas that have been previously disturbed by these 727 activities, including nursery beds and arboreta, provided existing landscaping is 728 maintained. 729 iv. Installation of utilities, such as sewer, water, or storm drains, electrical, gas, or 730 xxxxx lines, and septic tanks, where installation is restricted to specific areas 731 previously disturbed by installation of utilities and the method of installation 732 does not disturb previously undisturbed ground or historic properties. 733 v. Inventory, data, and information collection (including collection of samples) as 734 long as less than one square meter of cumulative ground disturbance is involved, 735 including archaeological testing, land use and land cover, geological, 736 mineralogical, chemical, and resource evaluation activities, cadastral surveys, or 737 geophysical surveys.

Implementation and Duration. ‌ 477 a. 570 This PA Agreement becomes effective on the date of the last signature written belowbelow . Unless 478 571 sooner terminated and except as modified, this PA PAand will remain in effect for a period of 479 ten 572 five years ,unless modified or terminated or modified per Section XIV. Termination. after 573 the date of the last signature, at which time point the The Signatory Parties will conduct a review 574 of operating satisfaction and document their findings in a supplement to the 5th year annual 575 report. If no critical problems are identified, the Agreement will remain in effect an 576 additional five years, for a total of ten years, at which point it may be renewed, revised, 480 or 577 terminated. 481 578 Execution and implementation of this PA Agreement evidences that the FS Forest Service has 579 afforded the ACHP a 482 reasonable opportunity to comment on its undertakings, and has satisfied 580 its Section 106 483 responsibilities for compliance with the NHPA. 484 581 582 Signatories: 485 486 583 584 XXXX X. XXXXXXXXX Date 487 585 Regional Forester, Alaska Region 488 586 USDA Forest Service 489 490 587 588 XXXXXX X. XXXXXXX Date 491 589 Alaska State Historic Preservation Officer 492 590 Office of History and Archaeology 493 494 591 592 XXXX X. XXXXXX Date 495 593 Executive Director 496 594 Advisory Council on Historic Preservation 497 595 596 Invited Signatories: 498 499 597 598 Date 500 599 600 Concurring Parties: 501 502 601 602 XXXXX XXXXXXXX Date 503 603 Forest Supervisor 504 604 Chugach National Forest 505 506 605 606 M. XXXX XXXXXXX Date 507 Forest Supervisor 508 Tongass 000 Xxxxxx Xxxxxxxxxx 000 Xxxxxxx National Forest 509 510 609 610 Date 511 611 APPENDIX A: Glossary, Acronyms, and Abbreviations 512 Abbreviations‌ 612 Definitions used in this PA Agreement are the same as those in the NHPA and 36 CFR 800, unless 613 otherwise 513 defined in this PAAgreement. 514 ABA Architectural Barriers Act614 2008 Farm Xxxx Public Law 110-246, Food, Conservation, and Energy Act of 2008, 615 (applicable section) Title VIII - Forestry, Subtitle B - Cultural and Heritage 616 Cooperation Authority, Sections 8101-8107 000 XXX Xxxxxxxxxxxxx Xxxxxxxx Xxx. Federal agencies are responsible for ensuring 515 618 compliance with the ABA standards when funding the design, 516 619 construction, alteration, or leasing of facilities. XXX ADA (Americans with 517 620 Disabilities Act) applies to businesses, State State, and local governments and 518 621 does not apply to federal agencies. 519 622 ACHP Advisory Council on Historic Preservation 520 623 Agreement This Programmatic Agreement 624 AHRS Alaska Heritage Resources Survey 521 625 Alaska Native corporations 522 Corporations and Government- to- Corporation Consultation 626 “Created under the Alaska Native Claims Settlement Act (43 USC Chapter 523 627 33), these corporations manage lands and resources for Alaska Natives. 524 628 While not federally recognized Indian tribes, consultation is required with 525 629 these organizations in some instances as if they were Indian tribes 526 630 pursuant to Public Laws 108-199 and 108-447 directing all Federal 527 631 agencies to consult with Alaska Native corporations Corporations on the same basis as 528 632 Indian tribes under Executive Order 13175. This type of consultation is 529 633 considered government-to-corporation, rather than government-to- 530 634 government” (FSM 1563.05). 531 APE Area 000 XXX Xxxx of Potential Effects 532 636 ARPA Archaeological Resources Protection Act 533 637 CFR Code of Federal Regulations 534 638 Character Defining Features 639 Character refers to all those visual aspects and physical features that 640 comprise the appearance of every historic building. Character-defining 641 elements include the overall shape of the building, its materials, 642 craftsmanship, decorative details, interior spaces and features, as well as 643 the various aspects of its site and environment. See Technical 644 Preservation Brief #17 for more information. 645 Consolidant Consolidants and adhesives are used in materials conservation to 646 impregnate and strengthen materials or to repair pieces that are 647 broken. Polyvinyl Acetate (PVA) is one chemical formulation that can be 648 used to glue objects, but also, when diluted, can be used to impregnate 649 materials to strengthen them. Elmer’s Glue is one example of a PVA. 650 CRR Cultural Resource Record 651 Cultural Resources “An object or definite location of human activity, occupation, or use 535 652 identifiable through field survey, historical documentation, or oral 536 653 evidence. Cultural resources are prehistoric, historic, archeological, or 537 654 architectural sites, structures, places, or objects and traditional cultural 538 655 properties.…cultural resources include the entire spectrum of resources 539 656 for which the Heritage Program is responsible from artifacts to cultural 540 657 landscapes without regard to eligibility for listing on the National Register 541 658 of Historic Places” (FSM 2360.5). Note that this is also the accepted NEPA 542 659 definition of “cultural resources”. 543 660 District Ranger District on a the Chugach or Tongass National Forest 544 661 EA Environmental Analysis 545 AnalysisAssessment 662 EIS Environmental Impact Statement 546 663 Federally Recognized Tribe 547 664 “An American Indian or Alaska Native tribal entity that is recognized as 548 665 having a government-to-government relationship with the United StatesXxxxxx Xxxxxx, 549 000 with the responsibilities, powers, limitations, and obligations attached to 550 667 that designation, and is eligible for funding and services from the Bureau 551 668 of Indian Affairs. Furthermore, federally recognized tribes are recognized 552 669 as possessing certain inherent rights of self-government (i.e., tribal 553 670 sovereignty) and are entitled to receive certain federal benefits, services, 554 671 and protections because of their special relationship with the United 555 672 States” from Bureau of Indian Affairs Frequently Asked Questions.” 556 FONSI Finding of No Significant Impact 557 Forest Tongass National Forest or Chugach National Forest 558 FS Forest Service 559 FSH Forest Service Handbook 560 FSH 1509.13 Forest Service Handbook, American Indian and Alaska Native Relations 561 FSH 2309.12 Forest Service Handbook, Heritage Program Management 562 FSM Forest Service Manual 563 FSM 1563 Forest Service Manual, Tribal Relations 564 FSM 2360 Forest Service Manual, Heritage Program Management 565 FY Fiscal Year 566 Government to Government Consultation 567 “Also “Tribal Consultation”. The timely, meaningful, and substantive 568 dialogue between Forest Service officials who have delegrated authority 569 to consult, and the official leadership of federally recognized Alaska 570 Native tribe(s) or Alaska Native corporation(s), or their designated 571 representatitive(s), pertaining to decisions or actions that may have tribal 572 implications” (FSM 1563.05). 573 Heritage Professional 574 “A Forest Service staff or advisory position with education and expertise 575 in archaeology, history, cultural resources management, or related 576 disciplines. Heritage professionals are in the GS-170-History, GS-190- 577 General Anthropology, and GS-193-Archaeology job series. They provide 578 professional recommendations and services to help land managers meet 579 their Heritage Program responsibilities” (FSM 2360.5)…“including cultural 580 resource identification (inventory), evaluation, allocation, protection, 581 stewardship, curation, and reporting. Only heritage professionals may 582 make management recommendations and review and recommend 583 approval of heritage work done by archaeological technicians, 584 paraprofessionals, contractors, cooperators, and volunteers” (FSM 585 2360.91.1.). Heritage professionals are employed at the Region, Forest or 586 District level. 587 Historic property “Any prehistoric or historic district, site, building, structure, or object 588 included in, or eligible for inclusion in, the National Register of Historic 589 Places maintained by the Secretary of the Interior. This term includes 590 artifacts, records, and remains that are related to and located within such 591 properties. The term includes properties of traditional religious and 592 cultural importance to an Indian tribe or Native Hawaiian organization 593 and that meet the National Register criteria” [36 CFR 800.16(l)(1)]. 594 Indian tribe “An Indian tribe, band, nation, or other organized group or community, 595 including a native village, regional corporation or village corporation, as 596 those terms are defined in section 3 of the Alaska Native Claims 597 Settlement Act (43 USC 1602), which is recognized as eligible for the 598 special programs and services provided by the United States to Indians 599 because of their status as Indians” [36 CFR 800.16(m)]. For this PA the 600 more commonly used “Alaska Native tribe(s)” and “Alaska Native 601 corporation(s)” is the preferred terminology when referring to “Indian 602 tribe(s)”. 603 Leave No Trace Sustainable minimum impact practices that mitigate or avoid recreation- 604 related impacts; principals such as camping, hiking, and picnicking in 605 areas near or on historic properties provided that the areas where 606 activities occur are not subject to large volumes of visitor traffic that may 607 cause adverse effects through overuse. Activities that include dispersed 608 low level activities where overall numbers of visitors are low. 609 Management Categories 610 The Forest Service assigns a Management Category to cultural resources. 611 These include Preservation, Enhancement, Scientific Investigation, or 612 Release From Management Under NHPA (see FSM 2363.3). 613 mhw mean high water 614 mllw mean lower low water 615 MOA Memoranda of Agreement 616 MOU Memoranda of Understanding 617 NAGPRA Native American Xxxxxx Protection and Repatriation Act 618 National Register National Register of Historic Places 619 NEPA National Environmental Policy Act 620 NFS CRR National Forest Service Cultural Resource Record 621 NFS DB National Forest Service Database 622 NHPA National Historic Preservation Act 623 Non-Federally Recognized Tribe 624 Any Indian tribe that does not meet the definition of federally recognized 625 tribe (above). 626 Parties Signatories and other interested parties. 627 OHA Office of History and Archaeology 628 PA This (4th Amended) Programmatic Agreement 000 XXX Xxxxx xx Xxx 630 Region USDA Forest Service Alaska Region 631 ROD Record of Decision 632 SOI Secretary of the Interior 633 SOI Treatment Standards 634 The Secretary of the Interior’s Standards for the Treatment of Historic 635 Properties. Guidelines providing professional standards and advice for 636 the preservation of all cultural resources listed in or eligible for listing in 637 the National Register of Historic Places. The ‘standards’ are not 638 regulatory. 639 SOI Qualifications Standards 640 The Secretary of the Interior’s Standards describing minimum 641 qualifications to be met to be considered “professional” in the fields of 642 Anthropology, Archaeology, History, Architecture, and related sub- 643 disciplines. 644 SHPO Alaska State Historic Preservation Officer 645 USC United States Code 646 USDA United States Department of Agriculture 647 APPENDIX B Authorized Undertakings‌ 648 Qualified Heritage Professionals shall use “General Guidelines” for each heading to evaluate 649 whether or not the undertaking is covered under this PA. If the undertaking does not meet a 650 guideline, then standard Section 106 procedures apply (Section III.c.). If it does, then choose 651 and document to file the appropriate reference for using this appendix. 652 In all cases, for any undertakings that involve historic buildings or structures, the Secretary of 653 the Interior’s Standards for the Treatment of Historic Properties shall be used as the primary 654 guidance for treatment. Specifically, only the Standards for Preservation and Guidelines for 655 Preserving Historic Buildings apply to this appendix. Any undertakings involving Rehabilitation, 656 Restoration, or Reconstruction are subject to standard Section 106 procedures. 657 Undertakings authorized under the terms of this PA with no further consultation if criteria 658 listed in the body of the PA section I.e.i.-v. are met: 659 Administrative Actions - General Guidelines 660 Any administrative action that has no potential to cause effects to historic properties. 661 This includes land acquisitions or exchanges unless land containing a known historic 662 property is expected to be conveyed out of federal ownership, in which case this PA does 663 not apply. 664 a. Administrative actions that result in land acquisition or interests‌ 665 [such as easements and Right of Ways (ROWs)] in land. 666 i. Surveying and posting landline boundaries. 667 ii. Issuance of special use permits that simply transfer the authorization, without 668 modification, from one owner to another when real property facilities under the 669 authorization are sold or transferred and no other actions are directly 670 authorized.

Implementation and Duration. ‌ 477 a. 503 This PA becomes effective on the date of the last signature written below. Unless 478 sooner 504 terminated and except as modified, this PA will remain in effect for a period of 479 ten five years 505 after the date of the last signature, at which time point the Signatory Parties will conduct a 506 review of operating satisfaction and document their findings in a supplement to the 5th year 507 annual report. If no critical problems are identified, the PA will remain in effect an 508 additional five years, for a total of ten years, at which point it may be renewed, revised, 480 or 509 terminated. 481 510 Execution and implementation of this PA evidences that the FS has afforded the ACHP a 482 511 reasonable opportunity to comment on its undertakings, and has satisfied its Section 106 483 512 responsibilities for compliance with the NHPA. 484 513 514 Signatories: 485 486 515 516 XXXX X. XXXXXXXXX Date 487 517 Regional Forester, Alaska Region 488 518 USDA Forest Service 489 490 519 520 XXXXXX X. XXXXXXX Date 491 521 Alaska State Historic Preservation Officer 492 522 Office of History and Archaeology 493 494 523 524 XXXX X. XXXXXX Date 495 525 Executive Director 496 526 Advisory Council on Historic Preservation 497 527 528 Invited Signatories: 498 499 529 530 Date 500 531 532 Concurring Parties: 501 502 533 534 XXXXX XXXXXXXX Date 503 535 Forest Supervisor 504 536 Chugach National Forest 505 506 537 538 M. XXXX XXXXXXX Date 507 Forest Supervisor 508 Tongass 000 Xxxxxx Xxxxxxxxxx 000 Xxxxxxx National Forest 509 510 541 542 Date 511 543 APPENDIX A: Glossary, Acronyms, and Abbreviations 512 544 Definitions used in this PA are the same as those in the NHPA and 36 CFR 80000 XXX 000, unless otherwise 513 545 defined in this PA. 514 ABA Architectural Barriers Act546 2008 Farm Xxxx Public Law 110-246, Food, Conservation, and Energy Act of 2008, 547 (applicable section) Title VIII - Forestry, Subtitle B - Cultural and Heritage 548 Cooperation Authority, Sections 8101-8107 000 XXX Xxxxxxxxxxxxx Xxxxxxxx Xxx. Federal agencies are responsible for ensuring 515 550 compliance with the ABA standards when funding the design, 516 551 construction, alteration, or leasing of facilities. XXX ADA (Americans with 517 552 Disabilities Act) applies to businesses, State and local governments and 518 553 does not apply to federal agencies. 519 554 ACHP Advisory Council on Historic Preservation 520 555 AHRS Alaska Heritage Resources Survey 521 556 Alaska Native corporations 522 Corporations and Government to Corporation Consultation 557 “Created under the Alaska Native Claims Settlement Act (43 USC Chapter 523 558 33), these corporations manage lands and resources for Alaska Natives. 524 559 While not federally recognized Indian tribes, consultation is required with 525 560 these organizations in some instances as if they were Indian tribes 526 561 pursuant to Public Laws 108-199 and 108-447 directing all Federal 527 562 agencies to consult with Alaska Native corporations Corporations on the same basis as 528 563 Indian tribes under Executive Order 13175. This type of consultation is 529 564 considered government-to-corporation, rather than government-to- 530 565 government” (FSM 1563.05). 531 APE Area 000 XXX Xxxx of Potential Effects 532 567 ARPA Archaeological Resources Protection Act 533 568 Character Defining Features 569 Character refers to all those visual aspects and physical features that 570 comprise the appearance of every historic building. Character-defining 571 elements include the overall shape of the building, its materials, 572 craftsmanship, decorative details, interior spaces and features, as well as 573 the various aspects of its site and environment. 574 CFR Code of Federal Regulations 534 575 Consolidant Consolidants and adhesives are used in materials conservation to 576 impregnate and strengthen materials or to repair pieces that are 577 broken. Polyvinyl Acetate (PVA) is one chemical formulation that can be 578 used to glue objects, but also, when diluted, can be used to impregnate 579 materials to strengthen them. Elmer’s Glue is one example of a PVA. 580 Cultural Resources “An object or definite location of human activity, occupation, or use 535 581 identifiable through field survey, historical documentation, or oral 536 582 evidence. Cultural resources are prehistoric, historic, archeological, or 537 583 architectural sites, structures, places, or objects and traditional cultural 538 584 properties.…cultural resources include the entire spectrum of resources 539 585 for which the Heritage Program is responsible from artifacts to cultural 540 586 landscapes without regard to eligibility for listing on the National Register 541 587 of Historic Places” (FSM 2360.5). Note that this is also the accepted NEPA 542 588 definition of “cultural resources”. 543 589 District Ranger District on a the Chugach or Tongass National Forest 544 590 EA Environmental Analysis 545 591 EIS Environmental Impact Statement 546 592 Federally Recognized Tribe 547 593 “An American Indian or Alaska Native tribal entity that is recognized as 548 594 having a government-to-government relationship with the United StatesXxxxxx Xxxxxx, 549 000 with the responsibilities, powers, limitations, and obligations attached to 550 596 that designation, and is eligible for funding and services from the Bureau 551 597 of Indian Affairs. Furthermore, federally recognized tribes are recognized 552 598 as possessing certain inherent rights of self-government (i.e., tribal 553 599 sovereignty) and are entitled to receive certain federal benefits, services, 554 600 and protections because of their special relationship with the United 555 States.” 556 FONSI Finding of No Significant Impact 557 Forest Tongass National Forest or Chugach National Forest 558 FS Forest Service 559 FSH Forest Service Handbook 560 FSH 1509.13 Forest Service Handbook, American Indian and Alaska Native Relations 561 FSH 2309.12 Forest Service Handbook, Heritage Program Management 562 FSM Forest Service Manual 563 FSM 1563 Forest Service Manual, Tribal Relations 564 FSM 2360 Forest Service Manual, Heritage Program Management 565 FY Fiscal Year 566 Government to Government Consultation 567 “Also “Tribal Consultation”. The timely, meaningful, and substantive 568 dialogue between Forest Service officials who have delegrated authority 569 to consult, and the official leadership of federally recognized Alaska 570 Native tribe(s) or Alaska Native corporation(s), or their designated 571 representatitive(s), pertaining to decisions or actions that may have tribal 572 implications” (FSM 1563.05). 573 Heritage Professional 574 “A Forest Service staff or advisory position with education and expertise 575 in archaeology, history, cultural resources management, or related 576 disciplines. Heritage professionals are in the GS-170-History, GS-190- 577 General Anthropology, and GS-193-Archaeology job series. They provide 578 professional recommendations and services to help land managers meet 579 their Heritage Program responsibilities” (FSM 2360.5)…“including cultural 580 resource identification (inventory), evaluation, allocation, protection, 581 stewardship, curation, and reporting. Only heritage professionals may 582 make management recommendations and review and recommend 583 approval of heritage work done by archaeological technicians, 584 paraprofessionals, contractors, cooperators, and volunteers” (FSM 585 2360.91.1.). Heritage professionals are employed at the Region, Forest or 586 District level. 587 Historic property “Any prehistoric or historic district, site, building, structure, or object 588 included in, or eligible for inclusion in, the National Register of Historic 589 Places maintained by the Secretary of the Interior. This term includes 590 artifacts, records, and remains that are related to and located within such 591 properties. The term includes properties of traditional religious and 592 cultural importance to an Indian tribe or Native Hawaiian organization 593 and that meet the National Register criteria” [36 CFR 800.16(l)(1)]. 594 Indian tribe “An Indian tribe, band, nation, or other organized group or community, 595 including a native village, regional corporation or village corporation, as 596 those terms are defined in section 3 of the Alaska Native Claims 597 Settlement Act (43 USC 1602), which is recognized as eligible for the 598 special programs and services provided by the United States to Indians 599 because of their status as Indians” [36 CFR 800.16(m)]. For this PA the 600 more commonly used “Alaska Native tribe(s)” and “Alaska Native 601 corporation(s)” is the preferred terminology when referring to “Indian 602 tribe(s)”. 603 Leave No Trace Sustainable minimum impact practices that mitigate or avoid recreation- 604 related impacts; principals such as camping, hiking, and picnicking in 605 areas near or on historic properties provided that the areas where 606 activities occur are not subject to large volumes of visitor traffic that may 607 cause adverse effects through overuse. Activities that include dispersed 608 low level activities where overall numbers of visitors are low. 609 Management Categories 610 The Forest Service assigns a Management Category to cultural resources. 611 These include Preservation, Enhancement, Scientific Investigation, or 612 Release From Management Under NHPA (see FSM 2363.3). 613 mhw mean high water 614 mllw mean lower low water 615 MOA Memoranda of Agreement 616 MOU Memoranda of Understanding 617 NAGPRA Native American Xxxxxx Protection and Repatriation Act 618 National Register National Register of Historic Places 619 NEPA National Environmental Policy Act 620 NFS CRR National Forest Service Cultural Resource Record 621 NFS DB National Forest Service Database 622 NHPA National Historic Preservation Act 623 Non-Federally Recognized Tribe 624 Any Indian tribe that does not meet the definition of federally recognized 625 tribe (above). 626 Parties Signatories and other interested parties. 627 OHA Office of History and Archaeology 628 PA This (4th Amended) Programmatic Agreement 000 XXX Xxxxx xx Xxx 630 Region USDA Forest Service Alaska Region 631 ROD Record of Decision 632 SOI Secretary of the Interior 633 SOI Treatment Standards 634 The Secretary of the Interior’s Standards for the Treatment of Historic 635 Properties. Guidelines providing professional standards and advice for 636 the preservation of all cultural resources listed in or eligible for listing in 637 the National Register of Historic Places. The ‘standards’ are not 638 regulatory. 639 SOI Qualifications Standards 640 The Secretary of the Interior’s Standards describing minimum 641 qualifications to be met to be considered “professional” in the fields of 642 Anthropology, Archaeology, History, Architecture, and related sub- 643 disciplines. 644 SHPO Alaska State Historic Preservation Officer 645 USC United States Code 646 USDA United States Department of Agriculture 647 APPENDIX B Authorized Undertakings‌ 648 Qualified Heritage Professionals shall use “General Guidelines” for each heading to evaluate 649 whether or not the undertaking is covered under this PA. If the undertaking does not meet a 650 guideline, then standard Section 106 procedures apply (Section III.c.). If it does, then choose 651 and document to file the appropriate reference for using this appendix. 652 In all cases, for any undertakings that involve historic buildings or structures, the Secretary of 653 the Interior’s Standards for the Treatment of Historic Properties shall be used as the primary 654 guidance for treatment. Specifically, only the Standards for Preservation and Guidelines for 655 Preserving Historic Buildings apply to this appendix. Any undertakings involving Rehabilitation, 656 Restoration, or Reconstruction are subject to standard Section 106 procedures. 657 Undertakings authorized under the terms of this PA with no further consultation if criteria 658 listed in the body of the PA section I.e.i.-v. are met: 659 Administrative Actions - General Guidelines 660 Any administrative action that has no potential to cause effects to historic properties. 661 This includes land acquisitions or exchanges unless land containing a known historic 662 property is expected to be conveyed out of federal ownership, in which case this PA does 663 not apply. 664 a. Administrative actions that result in land acquisition or interests‌ 665 [such as easements and Right of Ways (ROWs)] in land. 666 i. Surveying and posting landline boundaries. 667 ii. Issuance of special use permits that simply transfer the authorization, without 668 modification, from one owner to another when real property facilities under the 669 authorization are sold or transferred and no other actions are directly 670 authorized.United