WHEREAS, agencies of the United States Department of Agriculture and Department of Interior manage Federal lands; and

Transcription

1 PROGRAMMATIC AGREEMENT ON THE TREATMENT OF HISTORIC PROPERTIES THAT MAY BE AFFECTED BY FIRE MANAGEMENT ACTIVITIES IN ACCORDANCE WITH THE FEDERAL WILDLAND FIRE MANAGEMENT POLICY OF 1995 WHEREAS, agencies of the United States Department of Agriculture and Department of Interior manage Federal lands; and WHEREAS, these land managing Federal agencies include United States Forest Service, the National Park Service, the Bureau of Indian Affairs, the Bureau of Land Management, and the United States Fish and Wildlife Service; and WHEREAS, the Secretaries of the Interior and Agriculture have directed their Agency heads to assume responsibility for implementing the principles, policies, and recommendations of the 1995 Federal Wildland Fire Management Policy (Federal Fire Policy); and WHEREAS, implementation of the Federal Fire Policy on Federal lands by the Agencies may affect properties either listed in or eligible for listing in the National Register of Historic Places (historic properties); and WHEREAS, a nation-wide, coordinated program among the Agencies would: facilitate compliance with Section 106 of the National Historic Preservation Act, as amended (NHPA), and the National Environmental Policy Act (NEPA); provide for effective and timely coordination among the Agencies, SHPOs, Council, and interested public and; improve efficiency, consistency, and accountability in the development and application of appropriate measures to inventory, evaluate, protect, and manage historic properties; and WHEREAS, the Agencies have consulted with the Advisory Council on Historic Preservation (Council) and the National Conference of State Historic Preservation Officers (NCSHPO) regarding the process by which historic properties shall be considered by the Agencies in conducting fire management activities in accordance with the intent of Section 106 and Section 110(a) of the NHPA (16 U.S.C. 470f and 470h-2), and the Council's implementing regulations entitled ``Protection of Historic and Cultural Properties'' (36 CFR 800); and NOW, THEREFORE, the Agencies, the Council, and the NCSHPO mutually agree that the Agencis shall carry out their Section106 responsibilities in accordance with the stipulations of this Agreement in order to take into account the effects of fire management activities on historic properties.

2 BACKGROUND I FIRE MANAGEMENT PLANNING Wildfires on Federal lands have cost the Federal government billions of dollars as a result of fire damage, fire suppression, and fire recovery activities. The 1994 wildfire season, alone, resulted in the deaths of 34 firefighters and cost over one billion dollars. In response, several Federal land management agencies formed a joint task force to review Federal agency wildfire management programs, resulting in the 1995 Federal Wildland Fire Management Policy (Federal Fire Policy). The FWRMP was signed by the Secretaries of Agriculture and Interior, thus establishing it as the policy of the United States Forest Service, the National Park Service, the Bureau of Indian Affairs, the Bureau of Land Management, the United States Fish and Wildlife Service, and the National Biological Service. Federal fire management activities are separated into three primary categories: (1) Fuels Management Project Rehabilitation (primarily prescribed fire); (2) Fire Suppression; and (3) Emergency Fire Rehabilitation (EFR) and Burned Area Emergency Rehabilitation (BAER). Each of these categories are associated with different activities, administrative procedures, and different funding sources. The Federal Fire Policy was established as policy in order to provide coordination between fire management activity categories. Fuels Management Project Rehabilitation. The Federal Fire Policy emphasizes that wildland fire is a critical natural process that must be reintroduced into the ecosystem across agency boundaries and using the best available science. Controlled burning of Federal lands reduces fuel loads resulting from a century of fire prevention programs and timber harvest. Unmanaged fuel loads support large, hot, uncontrolled, and devastating wildfires that destroy life and property, including historic properties. Great increases in the use of prescribed fires on Federal lands are proposed under the new Federal policy in order to perpetuate fire-adapted ecosystems and reduce fuel loads. However, prescribed fires must be planned to avoid or minimize damage to a variety of resources, including cultural resources. Fire Suppression. Unplanned responses to wildfires often result in chaos and unneeded resource loss, while pre-incident planning results in a higher and more logical levels of resource protection. In the past, federal agencies have addressed cultural resources concerns by invoking emergency provisions of historic preservation regulations. Emergency provisions were designed to afford federal agencies regulatory relief by allowing them to essentially set aside historic preservation concerns during emergency activities. Emergency provisions seldom provide sufficient time for thoughtful management. The development of fire response protocols for cultural resources, using the interagency Incident Command Structure (ICS), will provide greater protection of cultural resources without jeopardizing the primary goals of protecting life and property. Emergency Rehabilitation. Immediate post wildfire actions are needed to prevent further loss of life and property, including the loss of historic properties. However, such actions may protect one class of property (e.g., private residences, soil) at the expense of other resources, such as historic properties. The integration of cultural resource management planning and activities with organized EFR/BAER activities can minimize damage to historic properties. In addition to the three categories of fire management activities described above, Agencies are involved in fire damage restoration. The long-term and post-emergency restoration of historic properties, natural resources, and landscapes involves undertakings usually derived from land uses that are not directly related to fire management (e.g., range enhancement, forest health). Such activities are considered

3 separate undertakings that are subject to the requirements of Section 106 of the National Historic Preservation Act (NHPA), under individual consultations specified at 36 CFR 800 or the terms of other agreement documents. A cornerstone of the Federal Fire Policy is the commitment to long-range and pre-incident planning through individual Fire Management Plans (FMPs). According to department policy, FMPs shall be prepared for every Federally managed administrative unit with burnable vegetation, serving as the blueprints for fire management activities on the basis of individual federal agency administrative units (e.g., districts, areas, forests, parks, reservations, reserves). FMPs describe the application of various management practices to those specific land units, taking into consideration an array of environmental concerns. Long-term and pre-incident planning, embodied in FMPs, can protect historic properties because they put into place programmed responses to fire management activities. I. PURPOSE AND AUTHORITY The NHPA Section 106 consultation process described at 36 CFR is ill-suited to the special circumstances of fire management activities, prompting alternative procedures described in this Programmatic Agreement (Agreement). The primary purpose of this Agreement is to establish an efficient and clearly defined program for ensuring that Federal Agencies participating in this Agreement (Agencies) meet their responsibilities under NHPA Section 106 and 110 (16 USC 470) in implementing fire management activities under the Federal Fire Policy. This Agreement establishes alternative procedures to those specified at 36 CFR 800, providing a uniform and integrated process for considering the effects of actions resulting from the Federal Fire Policy on historic properties. Several factors make it desirable to develop special procedures for considering historic properties during fire management planning and activities, including: the great increase of, and limited federal funding for, proposed large-scale prescribed fires; difficulty in accessing areas prior to fire events; the unpredictable timing and nature of uncontrolled wildland fires; and the unknown or ambiguous effects of fire (e.g., prescribed fire) on many types of historic properties. This Agreement also encourages coordination of cultural resources management activities with the terms of other agreement documents, legal authorities, and stewardship responsibilities. The procedures described in this Agreement are appropriate for fire management activities because such activities have effects on historic properties that are relatively similar and repetitive (36 CFR (b)(1)(i)), although the specific properties that will be affected and degree of damage to those properties cannot always be predicted (36 CFR (b)(1)(ii)). This Agreement also describes a process of information gathering, evaluation, impact assessment, reporting, and consultation that comports with the requirements of the National Environmental Policy Act (NEPA), consistent with the directions provided at 36 CFR The Departments of Interior and Agriculture issued final policy decisions in a 1998 document titled Wildland Fire Rehabilitation and Restoration Issues. This document was prepared by an interagency task force. Issue C-9 of the Interior document states that a national Programmatic Agreement will be developed with Agencies, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers, with local or regional agreements between the Agencies and

4 individual State Historic Preservation Officers (SHPOs), as needed or appropriate. The intent of a national level Programmatic Agreement is to facilitate Agencies' efforts to comply with historic preservation statutes and regulations, particularly NHPA Section 106. The Agencies enter into this Agreement to fulfill that policy directive and ensure that historic properties are taken into account, pursuant to NHPA Section 106, in their planning for and conduct of fire management activities pursuant to the Federal Wildland Fire Management Policy of 1995.

5 STIPULATIONS I DEFINITIONS Unless otherwise listed in Appendix 1, the definitions contained in 36 CFR shall apply to this Agreement. II RESPONSIBILITY FOR HISTORIC PROPERTIES CONSIDERATION For the purpose of this Agreement, Federal Agency officials (Agency Administrators) with the designated authority to approve and initiate fuels management, wildfire response and suppression, and recovery actions, are responsible for ensuring that historic properties are appropriately considered pursuant to NHPA Section 106 and the terms of this Agreement. III STAFFING AND QUALIFICATIONS Each Agency and participating Agency unit (e.g., National Forest, BLM District, National Park, Wildlife Refuge) shall ensure that historic preservation activities conducted under the terms of this Agreement are carried out by, or under the supervision of, historic preservation specialists in appropriate disciplines that meet the "Secretary of Interior's Guidelines for Historic Preservation Projects, Professional Qualifications Standards (Federal Register 1983, Vol. 48, No ). "Supervise" means active review of all aspects of the work to ensure that it meets professional standards. A Federal Agency may obtain expertise in historic preservation in several ways, including retaining qualified historic preservation specialists on staff, implementing agreements with State or Federal agencies that have qualified historic preservation specialists on staff, and executing contracts with qualified historic preservation specialists. Historic preservation specialists hired as staff or made available under contract must meet the qualifications listed in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, 48 Federal Register (September 29, 1983). IV. FIRE MANAGEMENT PLANNING I. Description and Function Fire management goals and objectives, including the reintroduction of fire, are incorporated into land management planning to restore and maintain sustainable ecosystems. Planning is a collaborative effort, with all interested partners working together to develop and implement management objectives that cross jurisdictional boundaries. II. Fire Management Plans

6 All Agencies and agency units under the Departments of Interior and Agriculture with vegetation that can sustain fire must have a Fire Management Plan (FMP), as directed by the Federal Wildland Fire Management Policy. Clearly defined fire management goals, objectives, and actions are developed and updated in comprehensive FMPs. Those documents describe the application of various fire management practices to specific land units, taking into consideration an array of environmental concerns. Long-term and preincident planning, embodied in FMPs, can protect historic properties because they put into place programmed responses to fire management activities. I. Each Agency unit shall include in its FMP a cultural resources element that presents a thoughtful consideration of cultural resources management within each Fire Management Unit (FMU) based on a review of available information regarding the types of proposed fire management activities, existing cultural resources inventories, and the collection of new data, as necessary. Based primarily on available information, FMPs must also identify the types of cultural resources that are known or likely to occur within each FMU, assess the likely impact of various fire management activities on the values associated with each type of cultural resource within or likely to occur in a FMU. Finally, the FMP should describe cultural resource management activities that will be applied to each fire management action to avoid, minimize, and consider impacts to values associated with cultural resources. II. FMPs, or reports from which FMPs are prepared, are intended as the primary NHPA Section 106 review documents under the terms of this Agreement. Unless otherwise requested by the Council, Agencies or Agency units, or SHPOs representing individual States (Stipulation VII), the Agencies may proceed with planning and implementation of specific fire management actions without further review by the SHPOs or the Council if there is an approved FMP that includes the information identified in this Agreement and, if they choose, subject to SHPO and Council review in accordance with Stipulations VII. 3. FMPs should provide information for NEPA compliance and the Agencies should integrate their NEPA and Section 106 consultation compliance efforts, pursuant to 36 CFR 800.8(a). IV. Recommended contents and guidance for the preparation of cultural resource elements of FMPs that are acceptable under the terms of this Agreement are provided in Appendix 2, ``Guidelines for Cultural Resource Elements of Fire Management Plans.'' III. Fuels Management Project Rehabilitation Fuels Management Project Rehabilitation, of which prescribed fire is the major focus, is a category of fire management activity that shall be described in FMPs and supporting cultural resources documentation. Appendix 3 describes the required components and guidance for the preparation of cultural resources documentation for both fuels management activities for individual fuels management undertakings.

7 IV. Fire Suppression Fire suppression activities are unscheduled responses to wild fires, but the procedures and organizational structure behind suppression activities are planned. As such, fire suppression plans usually are not specific to a geographic area and the cultural resources contained therein. Cultural resource consideration within the context of unscheduled wildland fires involves an organizational structure and procedures (i.e., Incident Command System) that are implemented in the event of fire suppression activities. FMPs should include plans for fire suppression, including the role of historic preservation specialists and consideration of cultural resources during fire suppression. Appendix 4 describes an organizational structure and procedural guidance for the consideration of cultural resources during fire suppression activities. The ICS-based organization and response procedures for cultural resource consideration described in Appendix 4, or a functional equivalent process, should be included or referenced in FMPs. If FMP cultural resource elements have not been reviewed and/or accepted by the SHPO and Council, then Agencies have the option of following the organizational structure, responsibilities, and procedures described in Appendix 4. If Agencies choose not to follow Appendix 4, they must follow alternative procedures such as those described at 36 CFR , (emergency situations), to meet their NHPA Section 106 responsibilities for the suppression of wild fires. V. Burned Area Emergency Rehabilitation (BAER)/ Emergency Fire Rehabilitation (EFR) Emergency Fire Rehabilitation (EFR) and Burned Area Emergency Rehabilitation (BAER) program objectives are designed to minimize: threats to life and property, including critical resources such as native vegetation, threatened and endangered species, and cultural resources; loss of soil; and loss of water control and quality during and immediately following a wildfire. Cultural resource elements of EFR/BAER activities should be referenced in FMPs and the cultural resource documentation supporting FMPs. Appendix 5 describes the required components and guidance for the preparation of cultural resources documentation for individual BAER/EFR undertakings. VI. Fire Management Activities Without An Approved Fire Management Plan In the absence of a final FMP certified by the Agency Administrator, with its cultural resources element reviewed and found acceptable by the SHPO and Council, if they choose to participate, an Agency unit may prepare project-specific cultural resources documentation following the guidance provided for Fuels Management activities (Appendix 3), Fire Suppression Activities (Appendix 4), and BAER/EFR activities (Appendix 5). V FUNDING

8 Fire management activities for Agencies participating in this Agreement are funded primarily through the annual Wildland Fire Appropriation. V. Fire Suppression. Wildfire suppression activities are funded through the Wildland Fire Appropriation, Operations Activity, Suppression Subactivity. This source of funding shall support cultural resources personnel assigned to fire suppression for the purpose of planning and implementing activities related to the protecting and/or minimizing the effects of the fire on cultural resources. I. Fire Suppression Activity Damage Repair and Rehabilitation. The source of funding for emergency repair and rehabilitation actions directed to fire suppression activity damage is the Wildland Fire Management Appropriation, Operations Activity, Suppression Subactivity. Historic preservation activities that qualify under this category of activities shall be charged to the project code for the wildland fire suppression effort that resulted in the damage. Appendix 4 defines the appropriate historic preservation activities and circumstances for the use of Suppression Subactivity funds. for historic preservation activities. II. Rehabilitation and Restoration. Wildland Fire Rehabilitation and Restoration Issues, Policy Decisions/Outcomes for Incorporation into Manuals and Handbooks (Departments of Agriculture and Interior 1999) defines funding sources for various post-fire management activity categories. Although Fire Suppression Activity Damage Repair and Rehabilitation is classified as a rehabilitation and restoration effort, it is closely linked to fire suppression and supported by suppression funds. Therefore it is discussed under item VA.1 (above). I. Emergency Fire Rehabilitation/Burned Area Emergency Rehabilitation. Emergency actions taken after a wildland fire to stabilize and prevent unacceptable resource degradation or to minimize threats to life or property resulting from the fire are funded by the Wildland Fire Management Appropriation, Operations Activity, Emergency Rehabilitation Subactivity. Appendix 5 defines the appropriate historic preservation activities and circumstances for the use of Emergency Rehabilitation Subactivity funds. III. Fuels Management Project Rehabilitation. Funding for historic preservation activities related to Fuels Management Project Rehabilitation may come from the Hazardous Fuels Reduction element of the Operations Activity in the Wildland Fire Management appropriation and other available funds. Appendix 3 describes the historic preservation activities and circumstances appropriate for Fuels Management Project Rehabilitation funding. VI PUBLIC PARTICIPATION

9 The objectives of fire management for each Agency unit should derive from unit planning documents such as Land and Resource Management Plans or Resource Management Plans. Such documents have been, and must be, subject to substantial public review through Agency NEPA compliance processes associated with such plans. Agencies will seek information and advice regarding cultural resources management and fire management from local and state governments, public and private organizations, landowners, permittees, interested Native American groups, and other interested persons likely to have knowledge of or concern with historic properties on Federal lands, with reference to the Council's Public Participation in Section 106 Review: A Guide for Agency Officials (ACHP, 1989), Title 6 of the Civil Rights Act of 1964, and incorporating such information into identification, evaluation, and treatment efforts (36 CFR 800). Requirements for participation of interested persons and the public described at 36 CFR 800 shall be coordinated with the public notification process embodied in the National Environmental Policy Act (NEPA) (42 U.S.C ) consistent with Council on Environmental Quality (CEQ) regulations (40 CFR 1508). The Agencies shall seek and consider the views of the public in fire management planning. The Agencies should use existing mechanisms and processes (e.g., NEPA) for seeking and taking into account views and information from the public and interested persons including local governments, and interested Native American groups. Those existing mechanisms must meet the standards ifor public involvement described at 36 CFR 800.3(e-g). Specific guidance for public participation are provided in Appendices 3, 4, and 5. Public information, whether included in an FMP, EA, EIS, or undertaking-specific documentation, shall include sufficient information on cultural resource identification, evaluation, consideration of effects, and proposed management measures, to adequately inform the public of the effects/impacts of proposed fire management activities on classes of cultural resources and historic properties. Such documents shall, however, not include specific information on the location and character of cultural resources where such information is protected under Section 304 of the NHPA (16 U.S.C. 470w-3) or Section 9 of the Archaeological Resources Protection Act (16 U.S.C. 470hh). VII REVIEW I. Fire Management Plans Agencies or Agency units shall provide a copy of FMPs and supporting cultural resources management documentation to the SHPOs appropriate to federal lands for which FMPs are prepared. Agencies must provide the Council and the appropriate SHPOs opportunities to review FMPs in their draft and final forms to ensure that public concerns regarding cultural resources and historic properties are taken into account during the planning process. Agencies should integrate SHPO review into their NEPA review process if practical.

10 I. SHPOs shall be afforded 30 calendar days from receipt to review draft FMPs developed by Agencies. The comments of the SHPO shall be addressed in revising the FMP, which shall be submitted to the SHPO for a 15 day review. II. If the SHPOs do not respond within 30 calendar days after receipt of the draft FMP, or within 15 calendar days of receipt of the draft final FMP, the Agency may assume that the SHPO does not object to the submittal. The Agency shall then submit a copy of the FMP to the Council and follow the procedures described in the FMP. SHPO review periods may be extended, at the discretion of the Agency submitting the FMP, upon request by the SHPO. III. If the Agency submitting the FMP cannot reach agreement with the SHPO on the terms of the FMP, the Agency shall follow the procedures described in Stipulation VII.B. of this Agreement. II. III. Agency Notification to SHPO of Individual Fire Management Activities The Agencies shall notify the SHPOs of individual fire management undertakings through existing mechanisms such as interested persons mailing lists, NEPA listing of proposed actions and mailing lists, or specific SHPO notification letters. Review of Individual Fire Management Actions (Undertakings) I. Agencies may proceed with individual fire management undertakings before FMPs are reviewed and approved by the SHPO, or in the absence of a FMP, by either: I. following the procedures described at 36 CFR Part to complete the NHPA Section 106 process; or II. following the procedures set forth in Appendices 2, 3, or 4 of this Agreement for individual undertakings until such time as FMP(s) are executed. II. The SHPO(s) appropriate to a proposed fire management undertaking and/or the Council may choose to monitor the manner in which the Agencies are documenting and implementing the terms of this Agreement by reviewing individual fire management undertakings. I. SHPOs and/or Council may request Agencies to provide documentation for review of individual undertakings. SHPO/Council shall review documented historic preservation activities according to the procedures, standards, and guidelines provided in this Agreement. II. SHPOs shall be afforded 30 calendar days from receipt to review documentation for individual fire management undertakings, if SHPO/Council requests for review are made prior to, or at the time of, Agency and public review of documentation (e.g., NEPA review).

11 III. IV. If a SHPO/Council request for review occurs during the public review period, then the SHPO/Council must provide review and comments in accordance with the ongoing or remaining public review period. The Agency shall take into account SHPO/Council comments for those actions not yet completed under the terms of this Agreement. III. SHPO and Council may, at its discretion, request that an Agency or Agency unit follow the procedures at 36 CFR to complete the Section 106 consultation process for an individual undertaking under the following circumstances: I. an Agency chooses not to follow the Agreement to complete the NHPA Section 106 process; II. III. IV. a substantial public concern exists such that the expedited review procedures in this Agreement cannot ensure that those concerns are adequately considered; an identified cultural resource of management interest or historic property cannot be avoided or protected; or an Agency or Agency unit has a poor or suspect record of compliance with the terms of this Agreement. IV. Requests for review according to the procedures specified at 36 CFR must be made prior to the historic preservation activities and documentation, affording the Agency sufficient time to meet those provisions. I. If planning for an undertaking has progressed under the terms of this Agreement prior to SHPO and/or Council request for review under 36 CFR 800, review under 36 CFR 800 shall apply only to those historic preservation activities that have not been conducted by the date of the SHPO/Council request. VIII OBJECTIONS Should a party to this Agreement or interested party make a timely objection to any actions proposed under this Agreement, the Agency shall consult with the objecting party to resolve the objection. Timely objections are those that are raised within the public notification and review procedures specified under NEPA (42 U.S.C ), consistent with Council on Environmental Quality (CEQ) regulations (40 CFR 1508). II. If the objection is raised during implementation of emergency activities that are necessary to protect life or property, the objection will be noted and addressed during the emergency according to the procedures below as time and circumstances allow, but shall be addressed after the emergency has ended.

12 III. If the Agency determines that the objection cannot be resolved it shall forward all documentation relevant to the dispute to the Council and notify the appropriate SHPO(s). The Agency Federal Preservation Officer shall be consulted if the objection relates to the general terms of this Agreement rather than an individual fire management activity. Within 30 calendar days after receipt of all pertinent documentation, the Council will either: I. Provide the Agency with recommendations, which the responsible Agency authority shall take into account in reaching a final decision regarding the dispute; or II. Notify the Agency that it will comment pursuant to 36 CFR 800.7(c), and proceed to comment. Any Council comment provided in response to such a request shall be taken into account by the Agency in accordance with 36 CFR Part 800.7(c)(4) with reference to the subject of the dispute. III. Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute. Agency responsibility to carry out all actions under this Agreement that are not the subject of the dispute will remain unchanged. IX AMENDMENT If any signatory to this Agreement determines that changes to the Agreement are necessary, that signatory shall request the consulting parties to consider an amendment to this Agreement. Amendments of this Agreement shall be executed in the same manner as the original Agreement. X SUSPENSION If an Agency or an Agency unit is unable to carry out the terms of this Agreement, the Agency or unit shall be suspended from the Agreement and must comply with 36 CFR with regard to individual undertakings that would otherwise be covered by this Agreement. Inability to carry out the terms of this Agreement shall be determined through periodic review of the Agreement and its effectiveness by the Council, NCSHPO, Department of Agriculture or Interior, Agency heads, or Agency unit Administrators. Individual SHPOs may also determine that specific Agency units within their states are unable to carry out the terms of this Agreement and may suspend an Agency unit from participating in this Agreement. IV. Suspension of Agencies If at any time the NCSHPO, Council, or Department with jurisdiction over an Agency determines that such Agency has not or cannot meet the terms of this Agreement, they may notify the other parties to this Agreement in writing that the subject Agency is suspended from participation in this Agreement.

13 I. The Secretary of the Department with authority over the Agency shall notify the Agency head of the suspension in writing, stating the reasons for the suspension. I. Participation of each Agency is independent of that of the others, and may be suspended without affecting participation of other Agencies. II. III. Agency suspensions shall become effective after 30 days notice to the suspended Agency. The suspended Agency and affiliated Agency units must submit all individual fire management undertakings for review pursuant to 36 CFR or the terms of another executed Programmatic Agreement. V. Suspension of Agency Units. NCSHPO, Council, Department, or Agency or SHPO appropriate to an Agency unit's lands may suspend an Agency from participation in this Agreement. I. Suspension may result from a consistent and broad pattern of failure to meet the stipulations of this Agreement. II. Suspension may result from failure to meet the remedial conditions necessary to remove deficiencies and meet the terms of this Agreement, as identified in writing by the NCSHPO, Council, Department, Agency, or SHPO appropriate to an Agency unit's lands. If deficiencies are not removed within one year, the Agency unit will be terminated from participation in the Agreement III. The Agency head shall notify the Agency unit Administrator of the suspension in writing, stating the reasons for the suspension. IV. Participation of each Agency unit is independent of that of the others, and may be suspended without affecting participation of other Agency units. V. Individual Agency unit suspensions shall become effective 30 days after notice to the suspended Agency unit. VI. The suspended Agency unit must submit all individual fire management undertakings for review pursuant to 36 CFR or the terms of another executed Programmatic Agreement. VII. Agency unit Administrators may suspend the participation of their Agency unit from this Agreement and instead follow the provisions of 36 CFR to complete the NHPA Section 106 review process.

14 VI. Removing Suspensions The responsible Agency head may make written recommendations to the NCSHPO, affected SHPO(s), and Council about removing the suspension of Agency unit as a participant in the Agreement. I. Recommendations may include removal of suspensions once certain performance deficiencies are removed. II. Removal of a suspension must be agreed to by the parties to the suspension. III. Agency unit participation in the Agreement once again shall become effective as of the date of concurrence by the parties to the suspension. XI TERMINATION OF THE AGREEMENT The NCSHPO, Council, or both Departments may notify the other parties to this Agreement that it is terminated by providing 30 calendar days notice to the other parties and Agencies. VII. VIII. IX. The parties to this Agreement shall make a good faith effort to resolve the issue(s) prompting termination. If consultation fails to resolve these issue(s), one or more party to this Agreement may issue a termination notice to the other parties. The Agreement shall be terminated in 30 days from the date the termination notification was received. The time frame for termination may be alternatively specified upon agreement of all parties to the Agreement. In the event of termination, all Agencies and Agency units of the Departments of Agricultural and Interior shall submit all individual fire management undertakings for review pursuant to 36 CFR or the terms of another executed Programmatic Agreement. XII COORDINATION WITH OTHER AGREEMENTS Should a conflict occur between the terms of this Agreement and the terms of another agreement document executed in accordance with 36 CFR 800, the signatories to this Agreement shall consult with the parties to the conflicting agreement to determine which terms should be followed. I. The responsible Agency shall document the consultation and resulting agreement. II. If the consulting parties fail to reach agreement, the provisions of Stipulation VIII.B. will be followed to resolve the objection.

15 III. Annual reports or other types of reports specified in other agreements may be coordinated with the reporting requirements of this Agreement, as long as the intent and report information requirements specified in this Agreement are met. IV. Agency-specific, regional, or Agency-unit programmatic agreements may be developed as alternatives to this nationwide Agreement, consistent with 36 CFR (b). XIII SCOPE AND LIMITATIONS This Agreement is limited in scope to Federal fire management activities and is entered into solely for that purpose and does not affect in any way the positions taken by the Agencies, Council, and NCSHPO regarding the proper implementation of the Agencies' responsibilities for other undertakings under Section 106 or related historic preservation or other environmental review statutes or regulations. XIV TIME LIMITS Unless otherwise specified in this Agreement, or agreed to between the concurring party appropriate to the undertaking and review procedure, the SHPO and Council shall be afforded 30 calendar days from receipt of appropriate documents to respond to any Agency communications. Should the SHPO or Council not respond within 30 days, the Agency may assume SHPO or Council concurrence with the Agency's determination or proposed course of action and will document non-response by the SHPO and/or Council in the project file.

16 Execution of this Agreement and implementation of its terms evidences that the Agencies have afforded the NCSHPO and the Council a reasonable opportunity to examine and share their views on how it manages historic properties. Execution of this Agreement and implementation of its terms also evidences that the Agencies have satisfied their Section 106 responsibilities for fire management activities covered by this Agreement. SIGNATORIES Advisory Council on Historic Preservation Chairman Date National Conference of State Historic Preservation Officers President Date: U.S. Department of the Interior Director, Office of Environmental Policy and Compliance Date: U.S. Department of Agriculture Title: Date:

17 APPENDIX 1 DEFINITIONS Definitions appearing in 36 CFR 800 apply to this Agreement, as well as those listed below. Agency Administrator. The appropriate level manager having organizational responsibility for management of an administrative unit. May include Director, State Director, District Manager or Field Manager (BLM); Director, Regional Director, Complex Manager or Project Leader (FWS); Director, Regional Director, Park Superintendent, or Unit Manager (NPS), or Director, Office of Trust Responsibility, Area Director, or Superintendent (BIA). Agency Unit. An individual land-based administrative or management unit of a Department of Agriculture or Interior Agency. Examples of Agency units include individual National Forests, BLM Districts, National Parks, Indian Reservations, or Wildlife Preserves. Appropriate Management Action. Specific actions taken to implement a management strategy. Appropriate Management Response - Specific actions taken in response to a wildland fire to implement protection and fire use objectives. Appropriate Management Strategy. A plan or direction selected by an agency administrator which guide wildland fire management actions intended to meet protection and fire use objectives. Archaeological Resource Class. Archaeological resource classes are the basic types of archaeological phenomena identified on the landscape. Classes are defined by the types of constituents that occur at a specific location. Examples of archaeological resource classes include: isolated artifacts; rock structures; milling features; quarries; flake scatters, rock constructions; multiconstituent sites, cemeteries; ditches, wooden buildings and structures; stone buildings and structures; trash deposits; etc. Cultural Resources. Oobjects or places either created, used or modified by humans. In order to qualify as a heritage resource, the creation, use, or modification must have first occurred no less than 50 years ago. Heritage resources include sites, structures, buildings, districts, and objects associated with, or representative of, people, cultures, and human activities and events. The term heritage resource means any such property, regardless of its NRHP eligibility status. Decision Criteria Checklist (Initial Go/No-Go Decision) -- A set of standards evaluation criteria to determine if the current wildland fire meets criteria to be managed for resource benefits. The completion of these criteria will lead to a decision to ``Go/Not-Go'' with management of the fire for resource benefits. Emergency Fire Rehabilitation/Burned Area Emergency Rehabilitation (EFR/BAER). Emergency actions taken during or after wildland fire to stabilize and prevent unacceptable resource degradation or to minimize threats to life or property resulting from the fire. The scope of EFR/BAER projects are unplanned and unpredictable requiring funding on short notice. Emergency undertaking. Any Agency undertaking that the Agency Official determines must be initiated within 30 days in order to avoid an imminent threat to human life or major property damage resulting from a natural or human-caused, unforeseeable disaster (including but not limited to events such as wild fires or breaches in canals, levees, pipelines or dams). Fire Complexity Analysis. A process for assessing wildland fire organizational needs and relative complexity in terms of ICS types (I, II, III etc.).

18 Fire Management Areas (FMA). A sub-geographic area within an FMU that represents a pre-defined ultimate acceptable management area for a fire managed for resource benefits. This pre-defined area can constitute a Maximum Manageable Area (MMA) and is useful for those units having light fuel types conducive to very rapid fire spread rates. Pre-definition of these areas removes the time-lag in defining an MMA after ignition and permits pre-planning of the fire area, identification of threats to life, property, resources, and boundaries, and identification of initial actions. Fire Management Plan. A strategic plan that defines a program to manage wildland and prescribed fires and documents the Fire Management Program in the approved land use plan. The plan is supplemented by operational procedures such as preparedness plans, preplanned dispatch plans, prescribed fire plans and prevention plans. Fire Suppression Activity Damage. The damage to lands, resources and facilities directly attributable to the fire suppression effort or activities, including: dozer lines, camps and staging areas, facilities (fences, buildings, bridges, etc.), handlines, and roads. Fire Management Plan (FMP) - A strategic plan that defines a program to manage wildland and prescribed fires and documents the Fire Management Program in the approved land use plan. The plan is supplemented by operational plans such as preparedness plans, preplanned dispatch plans, prescribed fire plans and prevention plans. Fire Management Unit (FMU) - any land management area definable by objectives, topographic features, access, values-to-be-protected, political boundaries, fuel types, or major fire regimes, etc., that sets it apart from management characteristics of an adjacent unit. FMUs are delineated in Fire Management Plans (FMP). These units may have dominant management objectives and pre-selected strategies assigned to accomplish these objectives. Fire Use. The combination of wildland fire use and prescribed fire application to meet resource objectives. Historic Preservation Activities. The activities and procedures by which the Agencies conduct cultural resource identification, evaluation, and management. Historic Property. As defined in the National Historic Preservation Act, historic properties are any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register. Such term includes artifacts, records, and remains which are related to such district, site, building, structure, or object. 16 U.S.C. Section 470(w)(5). Historic Preservation Plan (HPP). A document prepared for an individual Agency management unit in conformance with the Secretary of Interior's Guidelines for Preservation Planning to organize preservation activities (identification, evaluation, and treatment of historic properties and heritage resources) in a logical sequence. A HPP outlines a process that determines when an area should be examined for cultural resources, how an area should be examined, whether identified properties contain significant values, and how the significant values of those properties should be treated. Historic Preservation Specialist. Individuals trained in disciplines relevant to historic preservation activities, including historical and prehistoric archaeologists, historians, ethnographers, historical architects, as outlined in 36 CFR 296.8, the Secretary of the Interior's Standards and Guidelines for Professional Qualifications (48 FR ). Historic Preservation Manager. The position on individual Agency administrative units (National Forests, BLM Districts, National Park, etc.) that is responsible for: directing, planning, and administering the Agency's historic preservation program; providing professional and technical advice to Agency planners and managers the Agency Leadership Team; directing the historic preservation program

19 internally, and with external agencies, organizations, and the public; and planning and developing the Agency unit's cultural resource inventory, evaluation, and enhancement program. The Historic Preservation Manager shall meet the professional standards established for either archaeologist or historian as outlined in 36 CFR 296.8, the Secretary of the Interior's Standards and Guidelines for Professional Qualifications (48 FR ). Holding Actions. Planned actions required to achieve wildland and prescribed fire management objectives. These actions have specific implementation timeframes for fire use actions but can have less sensitive implementation demands for suppression actions. For wildland fires managed for resource benefits, an MMA may not be totally naturally defensible. Specific holding actions are developed to preclude fire from exceeding the MMA. For prescribed fires, these actions are developed to restrict the fire inside the planned burn unit. For suppression actions, holding actions may be implemented to prohibit the fire from crossing containment boundaries. These actions may be implemented as firelines are established to limit the spread of fire. Incident Command System. The combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure with responsibility for the management of assigned resources to effectivelyaccomplish stated objectives pertaining to an incident. Initial Action. Action taken by the first resources to arrive at a wildland fire to meet protection and fire use objectives. Initial Attack. An aggressive suppression action consistent with firefighter and public safety and values to be protected. Intensive Survey. A systematic, detailed visual or physical examination of a geographic area designed to gather information about the location, condition and distribution of all types of heritage resources within that geographic area, including historic and prehistoric sites, buildings, structures, districts, and objects. For the purposes of this Agreement, an archaeological survey is considered intensive when, at a minimum, all of an area is examined by archaeological surveyors spaced no more than 30 meters apart. Additional identification methods may be employed under the definition of intensive survey, depending on the potential to miss locating historic properties with minimum survey standards. Management Action Points. Management action points, also called "trigger points." Either geographic points on the ground or specific points in time where an escalation or alteration of management actions is warranted. These points are defined and the management actions to be taken are clearly described in an approved Wildland Fire Implementation Plan (WFIP) or Prescribed Fire Plan. Timely implementation of the actions when the fire reaches the action point is generally critical to successful accomplishment of the objectives. Maximum Manageable Area (MMA). MMA defines the firm limits of management capability to accommodate the social, political, and resource impacts of a wildland fire. Once established as part of an approved plan, the general impact area is fixed and not subject to change. MMAs can be developed as part of the Fire Management Plan and described as a Fire Management Area. They can also be developed as part of the planning and implementation of management actions after a fire has ignited. If they are developed after the ignition, their definition will occur during the Wildland Fire Implementation Plan Stage III process. In the event a fire occurs in a pre-planned MMA or Fire Management Plan and the local unit determines that this MMA is not the best-suited alternative for the present conditions, a new MMA can be developed as part of the Stage III process. Once this occurs, the Stage III MMA becomes the firm limits of the fire and is fixed. Mitigation Actions. Mitigation actions are considered to be those on-the-ground activities that will serve to increase the defensibility of the MMA; check, direct, or delay the spread of fire; and minimize

20 threats to life, property, and resources. Mitigation actions may include mechanical and physical non-fire tasks, specific fire applications, and limited suppression actions. These actions will be used to construct firelines, reduce excesssive fuel concentrations, reduce vertical fuel continuity, create fuel breaks or barriers around critical or sensitive sites or resources, create "blacklines" through controlled burnouts, and to limit fire spread and behavior. Normal Fire Year. the normal fire year for suppressed wildland fires is the year with the third highest number of wildland fires in the past ten years of record. The normal wildland fire managed for resource benefits year is the year with the third highest number of acres burned by wildland fire managed for resource benefits in the past ten years of record. Preparedness. Activities that lead to a safe, efficient and cost effective fire management program in support of land and resource management objectives through appropriate planning and coordination. This term replaces presuppression. Prescribed Fire. Any fire ignited by management actions to meet specific objectives. A written, approved prescribed fire plan must exist, and NEPA requirements must be met, prior to ignition. This term replaces management ignited prescribed fire. Prescribed Fire Plan. A plan required for each fire application ignited by managers. It must be prepared by qualified personnel and approved by the appropriate Agency Administrator prior to implementation. Each plan will follow specific agency direction and must include critical elements described in agency manuals. Formats for plan development vary among agencies, although content is the same. Prescription. Measurable criteria which define conditions under which a prescribed fire may be ignited, guide selection of appropriate management responses, and indicate other required actions. Prescription criteria may include safety, economic, public health, environmental, geographic, administrative, social or legal considerations. Resource Advisor/Resource Specialist. Resources of Management Interest. Resources of management interest are selected on a projectspecific basis. They are classes of cultural resources that generally exceed 50 years in age, may have high cultural value, and have a reasonable potential to be affected by the land use activity (undertaking) under consideration. Exclusion of a resource class as a resource of management interest does not mean that resource class is unimportant or ineligible for the NRHP. It means that cultural resources belonging to that class may not be sought and considered for the land use activity under consideration. Suppression. A management action intended to protect identified values from a fire, extinguish a fire, or alter a fire's direction of spread. Trigger points. See Management action points. Wildfire. An unwanted wildland fire. Wildland and Prescribed Fire Complexity Analysis. The formal process to determine the full complexity rating for wildland and prescribed fires. It utilizes 12 variables having numerically weighted importance combined with user identified complexity values. Wildland Fire. Any non-structure fire, other than prescribed fire, that occurs in the wildland. This term encompasses fires previously called both wildfires and prescribed natural fires. Wildland Fire Implementation Plan (WFIP). A progressively developed assessment and operational management plan that documents the analysis and selection of strategies and describes the appropriate management response for a wildland fire. A full WFIP consists of three stages. Different levels of completion may occur for differing management strategies (i.e., fires managed for resource benefits will