[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Notices]
[Pages 66057-66059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31759]
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DEPARTMENT OF THE INTERIOR
National Programmatic Agreement
AGENCY: Bureau of Land Management (BLM), DOI.
ACTION: Notice of proposed national programmatic agreement; request for
comments.
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SUMMARY: The purpose of this notice is to invite comments on a proposal
to execute a programmatic agreement among the Bureau of Land
Management, the Advisory Council on Historic Preservation, and the
National Conference of State Historic Preservation Officers. The
agreement would establish an alternate structure, to substitute for the
standard regulatory process in 36 CFR Part 800, for complying with
Section 106 of the National Historic Preservation Act. Representatives
of the Bureau of Land Management have been meeting with representatives
of the Advisory Council on Historic Preservation and the National
Conference of State Historic Preservation Officers to develop concepts
for the proposed agreement and to prepare a draft agreement. The Bureau
of Land Management requests comments from parties interested in
historic preservation and other uses of public lands.
DATES: Comments should be received by January 15, 1997.
ADDRESSES: If you wish to comment, you may mail comments to the Bureau
of Land Management, Administrative Record, Room 401LS, 1849 C Street,
N.W., Washington, D.C. 20240, or you may hand-deliver comments to the
Bureau of Land Management, Administrative Record, Room 401, 1620 L St.,
N.W., Washington, D.C. You may also transmit comments electronically
via the Internet to WOComments@wo.blm.gov. Please include ``attn: 240''
and your name and return address in your internet message. If you do
not receive a confirmation from the system that we have received your
Internet message, contact us directly at (202) 452-5030. You will be
able to review comments, including names and street addresses of
respondents, at BLM's Regulatory Management Team office, Room 401, 1620
L St., N.W., Washington, D.C., during regular business hours (7:45 a.m.
to 4:15 p.m.) Monday through Friday, except holidays. Individual
respondents may request confidentiality. If you wish to withhold your
name or street address, except for the city or town, from public review
or from disclosure under the Freedom of Information Act, you must state
this prominently at the beginning of your comment. Such requests will
be honored to the extent allowed by law. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public inspection in their
entirety.
FOR FURTHER INFORMATION CONTACT: Dr. John G. Douglas, BLM's
Preservation Officer, (202) 452-0327, between 7:15 a.m. and 3:45 p.m.,
Monday through Friday.
SUPPLEMENTARY INFORMATION: The Bureau of Land Management (BLM) invites
comments on the concepts that are being considered for a proposed
national programmatic agreement, the purpose of which would be to
streamline the procedure and to strengthen the BLM's internal
organizational structure for complying with Section 106 of the National
Historic Preservation Act (NHPA).
[[Page 66058]]
Under Section 106, the BLM's field office managers are required (a)
to take into account the potential effects of proposed BLM undertakings
(both direct BLM actions and BLM authorizations for others to act) on
properties included in or eligible for the National Register of
Historic Places, and (b) to give the Advisory Council on Historic
Preservation (Council) a reasonable opportunity to comment on the
undertakings. The Council has published regulations at 36 CFR part 800
to implement Section 106. The regulations specify the manner in which
Federal agencies are to take effects into account and to give the
Council its opportunity to comment. In both Section 106 and 36 CFR part
800, the requirements are predominantly procedural in nature. Each
Federal agency is required to follow the governmentwide standard
procedures in 36 CFR part 800 unless the Council has approved
alternative compliance procedures for the agency to follow.
Provisions at 36 CFR 800.13 offer an opportunity for an Agency
Official to negotiate alternative procedures with the Council, leading
to a programmatic agreement that tailors the compliance process to fit
the agency's particular circumstances. Under 36 CFR 800.13, the Agency
Official and Council are the principal consulting parties. They are
directed to invite the State Historic Preservation Officer (SHPO) to
participate in developing and signing the agreement if a particular
State would be affected, or to invite the National Conference of State
Historic Preservation Officers (NCSHPO) to participate if more than one
State would be affected.
Representatives of the BLM, the Council, and the NCSHPO have been
meeting to develop a BLM national programmatic agreement. In addition
the BLM has held information meetings and briefings with
representatives of regulated industries, cultural resource professional
and trade associations, and a Native American association devoted to
protecting traditional cultural and religious practice.
As envisioned, the programmatic agreement would apply to most of
the BLM's planning, administrative, and management actions that have
potential to affect historic properties and other cultural properties,
on BLM-administered public lands, in areas off the public lands
affected by BLM decisions, and in areas subject to development of
subsurface minerals under BLM jurisdiction or control. The agreement
would allow the BLM to meet its responsibilities under Sections 106,
110(f), and 111(a) of the NHPA by applying BLM-specific procedures and
mechanisms in place of the Council's general regulations (36 CFR part
800). It would permit the BLM to plan projects, review land use
applications, and undertake management activities of a routine, non-
controversial nature without case-by-case review from the SHPO or the
Council.
The BLM, the Council, and the NCSHPO have jointly prepared a draft
agreement for discussion and public comment. Principal features of the
draft agreement are:
The BLM would establish an internal Preservation Board,
consisting of a professionally qualified Preservation Officer reporting
to the Director, professionally qualified Deputy Preservation Officers
reporting to each of the 12 State Directors, and 3 representative line
managers. The Board would advise the Director, State Directors, and
field office managers on appropriate historic preservation policies and
procedures, and oversee the uniform implementation of the policies and
procedures.
With the direct participation of the Council and SHPOs and
with broad solicitation of public input, the Preservation Board would
review, update, revise, and adapt to the purposes of the agreement the
comprehensive ``cultural resource management'' policies and procedures
contained in the BLM Manual (8100 Series), including enhancement of
policies and procedures on Native American coordination and
consultation.
The Preservation Board, with the assistance of SHPOs and
the Council, would develop and deliver a training program for BLM field
office managers and cultural heritage personnel and others who may be
involved in implementing the revised procedures, such as land use
applicants and cultural resource consultants.
Each State Director would meet with the appropriate
SHPO(s) to develop protocols (a) to involve the SHPO(s) early in BLM
planning, (b) to maximize the benefits of data sharing, (c) to explore
new means for delivering benefits of historic preservation to the
public, and (d) to guide BLM field office managers and cultural
heritage staffs in applying the revised national BLM policies and
procedures in ways adjusted to the individual State's cultural,
historical, geographical, and administrative context.
The Preservation Board would certify BLM offices as
qualified to operate under the agreement, dependent on the availability
of appropriate professional expertise, on managers' and staffs'
completion of training, on appropriate staff duty assignments, and on
completion of signed BLM/SHPO protocols to regularize day-to-day
working relationships.
A significant aim in revising standards for project
planning, review, and dispute resolution would be to integrate them
more fully with other BLM responsibilities and procedures, especially
those relating to long-range planning under the Federal Land Policy and
Management Act and environmental review under the National
Environmental Policy Act.
Enhanced cooperation and communication among the BLM, the
SHPOs, and the Council would feature early and continuing SHPO and
Council involvement with BLM's activities, rather than having historic
preservation considerations come toward the end of decision making when
options are few.
The BLM Preservation Board would regularly monitor and
report actions under the agreement to the SHPOs, the Council, and the
BLM Directorate. The SHPO and the Council would join the Preservation
Board in carrying out field reviews of selected BLM State programs and
field offices.
The agreement would not take effect directly upon signing. Rather,
the BLM would be obligated to establish the Preservation Board and, in
cooperation with the Council and each affected SHPO, to revise the BLM
Manuals and Handbooks; to develop BLM/SHPO protocols; to train field
managers and staffs; and to certify offices qualified to operate under
the revised procedures, before there could be a change in the way
Section 106 compliance is conducted. Individual BLM States would come
under the new procedures one at a time over the course of a year or
more.
Once in effect, the agreement would not diminish the nature of
public participation and Native American involvement currently
available in BLM's Section 106 compliance process. To the contrary, the
effectiveness should be enhanced as a result of incorporating guidance
on public participation and tribal involvement directly in the revised
BLM Manual procedures that will substitute for the standard Section 106
procedures.
A draft of the agreement, dated November 3, 1996, is available for
examination. It may be obtained from Dr. John G. Douglas, Preservation
Officer, Cultural Heritage Staff, Bureau of Land Management (240), 1849
C Street, N.W., Washington, D.C. 20240, telephone (202) 452-0327. The
final text of the agreement will be subject to consideration of public
comments and
[[Page 66059]]
internal review among the signing parties.
Tom Walker,
Deputy Assistant Director, Renewable Resources and Planning.
[FR Doc. 96-31759 Filed 12-13-96; 8:45 am]
BILLING CODE 4310-84-P
