[Federal Register: December 29, 2009 (Volume 74, Number 248)]
[Notices]
[Page 68862-68863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de09-110]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO240LL11100000]
Notice of Intent To Revise the 1997 Programmatic Agreement With
the Advisory Council on Historic Preservation and the National
Conference of State Historic Preservation Officers
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
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SUMMARY: The Bureau of Land Management (BLM) announces its intent to
revise the 1997 National Programmatic Agreement (PA) with the Advisory
Council on Historic Preservation (ACHP) and the National Conference of
State Historic Preservation Officers (NCSHPO) regarding the manner in
which the BLM meets its responsibilities under the National Historic
Preservation Act.
DATES: You may submit written comments to help inform the PA revision
process by January 28, 2010.
ADDRESSES: Send written comments to: Robin Burgess, BLM Preservation
Officer, U.S. Department of the Interior, Bureau of Land Management,
1849 C Street, NW., Mail Stop 204-LS, Washington, DC 20240 or robin_
burgess@blm.gov. Copies of the existing PA, the addendum to the PA, and
draft revision strategy are available upon request from this address
and are also available at http://www.blm.gov/wo/st/en/prog/more/CRM/
historic_preservationx.html.
FOR FURTHER INFORMATION CONTACT: Robin Burgess, BLM Preservation
Officer, U.S. Department of the Interior, Bureau of Land Management,
1849 C Street NW., Mail Stop 204-LS, Washington, DC 20240, telephone:
(202) 912-7241, or e-mail: robin_burgess@blm.gov.
SUPPLEMENTARY INFORMATION: The BLM 1997 National PA authorizes the BLM
to follow an alternative to the process in the ACHP's regulations, 36
CFR part 800, for meeting its responsibilities under Section 106 of the
National
[[Page 68863]]
Historic Preservation Act (Pub. L. 89-665, October 15, 1966; 16 U.S.C.
470 et seq.) (NHPA) for consulting with State Historic Preservation
Officers (SHPOs) and the ACHP. Development of such alternative
processes are provided for in 36 CFR part 800.14. The key goals of the
PA are to make the process under Section 106 more efficient, and to
strengthen the partnerships between the BLM and the states, especially
those states in which public lands represent a high percentage of land
within the state, to facilitate and conduct preservation activities of
mutual interest. The PA does not apply to tribal lands and does not
alter the BLM's tribal consultation policies and procedures outlined in
BLM Manual Section 8120 and BLM Handbook Section H-8120-1, as revised
in December 2004.
The PA provides that signatories are to review its implementation
biennially and meet to resolve objections. The signatories may revise
or amend the PA by mutual agreement, or terminate the PA following 90
days notice. The NCSHPO, its BLM task force, and the BLM have worked
closely to identify ideas for improved implementation of the PA. A
joint working group developed a list of recommendations, which the BLM
Preservation Board endorsed and the BLM is in the process of
implementing those recommendations.
The ACHP, its Native American Advisory Group, the National Congress
of American Indians, and others believe that tribes would benefit from
playing a greater role in the PA. In response, the BLM wrote to tribal
leaders and held a series of eight regional listening sessions to
discuss its tribal consultation guidance and the PA. Tribes were asked
to share their ideas on how to improve the BLM's relationship with
their tribes and how to make tribal consultation more effective,
including specific revisions to the PA, protocols, or agency policies.
The final result of this outreach will be used to develop a series of
recommendations for BLM leadership to improve tribal consultation
generally and revise the PA.
On February 4, 2009, the BLM, ACHP, and NCSHPO executed an addendum
to the PA (dated January 5, 2009) that outlined a series of major
milestones for completing the BLM's ongoing tribal consultation
outreach effort, consolidating the results of that effort, and
developing revisions to the PA as informed by the results of this
outreach to Native Americans. This notice fulfills one of those
milestones--formal initiation of the public notification process for
revising the PA.
In addition to this notice, the BLM has mailed a summary report on
the BLM 2008-09 listening sessions and a draft strategy revising the
PA, taking into account the results of the BLM's tribal consultation
outreach initiative. The draft strategy identifies the following key
goals for a revised PA:
Ensure terminology is consistent with definitions in 36
CFR 800.16 (definitions section);
Elaborate what the tribal role in the NHPA Section 106
process is;
Specify alternative procedures for undertakings excepted
from the normal alternative process;
Incorporate a process for partnering with tribes through
individual protocols between a tribe and the BLM state office(s). BLM-
SHPO protocols authorized by the current PA streamline BLM-SHPO
consultation to allow individualized arrangements, but do not alter the
BLM's tribal consultation requirements;
Clarify the roles of consulting parties and expectations
for public outreach processes;
Integrate the concept of phased Section 106 compliance
into the PA to clarify how the BLM meets its compliance obligations for
large scale projects and programs;
Provide clear guidance on when new alternative procedures
require ACHP involvement;
Incorporate communication processes for collaborating on
NHPA Section 110 and other proactive work, including coordination with
state preservation plans and priorities;
Include a process for using the 36 CFR part 800 procedures
as an alternative to the PA;
Review the process for development of BLM policy affecting
Section 106 activities and general management, as outlined in Component
5.f of the 1997 PA, and clarify the role of the BLM Preservation Board;
Establish PA monitoring milestones and processes,
including periodic tribal consultation; clarification of field office
certification process; and standardized annual reports to states and PA
signatories;
Identify opportunities for participation of tribes,
states, and the ACHP in BLM training related to cultural resources
planning, compliance, and management;
Develop a schedule for review and revision of state
protocols; and
Increase the efficiency of the annual reporting process by
aligning it with other reporting requirements, such as the Secretary of
the Interior's Report to Congress on Federal Archaeological Activities.
Written comments on the BLM's plan to revise the PA should be
specific and confined to the PA revision. Where possible, comments
should reference the specific section or paragraph of the draft
strategy that the commenter is addressing.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Richard C. Hanes,
Acting Assistant Director, Renewable Resources and Planning.
[FR Doc. E9-30771 Filed 12-28-09; 8:45 am]
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