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HomeMy WebLinkAbout07092020 Historic Preservation Packet Seward Historic Preservation Commission Agenda Packet Photo Credit:Viana Hammon Regular Meeting Thursday, July 9, 2020 6:00 p.m. CityCouncilChambers PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZENCOMMENTSAT JULY 9, 2020 HPMEETING HPwill hold a VirtualRegular Meeting on Thursday, July 9, 2020at 6:00 p.m. Because the City of Seward is currently experiencing a declared publichealth emergencydue to Coronavirus Disease 2019 (COVID-19), alternate methods forproviding Citizen Comments have been created: How To VirtuallyAttendThe Meeting 1.The meeting will beLive Streamed on the city’s YouTube page. Log onto YouTube and type “City of Seward Alaska” into the search bar. 2.Listen on the radio. Tune to KIBH-FM 91.7 3.Watch on television. Tune into GCI Cable Channel 9. How To Submit Your CITIZEN COMMENTS 1.Email your writtenCitizen Comments to jstallard@cityofseward.netno later than 2:00 p.m. on Thursday, July 9, 2020. Identify whether you want your comments READ ALOUD at the meeting or EMAILED to HPuponreceipt. Comments requested to be read aloudwill be delivered verbally to HPby the Deputy City Clerkat the appropriate time duringthe meeting. 2.If you wish to be called onthe telephoneduring the meeting to provide your comments telephonically, send an email request tothe Deputy City Clerk along with your contact information to jstallard@cityofseward.net, including your full name and the telephone number you wish to have called. The clerk must receive your request no later than 2:00 p.m. on July 9, 2020.Identify whether you wish to be called during the FIRST or SECOND citizen comment period. If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phonestarting at 6:00 p.m. If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. All Citizen Comments will betimed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. 3.There will be NO in-person citizen comments for this meeting! Thank You For Your Cooperation! 1 The City of Seward, Alaska HISTORIC PRESERVATION COMMISSION REGULAR MEETING AGENDA July 9, 20206:00 p.m.CouncilChambers Cheryl Seese 1.CALL TOORDER Chair Term Expires May, 2022 2.PLEDGE OFALLEGIANCE Sue Ward 3.ROLLCALL Vice Chair Term Expires May, 2023 4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING \[Those who have Tanguy Libbrecht signed in will be given the first opportunity to speak. Time is limited to 3 minutes Commissioner per speaker and 36 minutestotaltime for this agenda item.\] Term Expires May, 2023 5.APPROVAL OF AGENDA AND CONSENT AGENDA \[Approval Wolfgang Kurtz of Consent Agenda passes all routine items indicated by asterisk (*). Consent Commissioner Agenda items are not considered separatelyunless a commission member so Term Expires May, 2022 requests. In the event of such a request, the item is returned to the Regular Agenda\] Mary Ann Benoit Commissioner 6.SPECIALORDERS,PRESENTATIONSANDREPORTS Term Expires May, 2021 Fred Woelkers A.Proclamations and Awards – None Commissioner B.City AdministrationReport Term Expires May, 2021 C.ChairReport D.Jesse Lee Home Sherry Furlong E.Fort Raymond Subdivision District Commissioner Term Expires May, 2023 F.Certified Local GovernmentGrant G.Seward Historic Inventory List H.Historic Overlay District I.Rockwell Kent J.Historic PreservationFacebook Page……………………….Pg. Scott Meszaros K.Other Reports andAnnouncements \[Reports must be submitted to the City Manager city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each Valarie Kingsland report.\]–None Library Museum L.Presentations \[Presentations are limited to ten minutes each, excluding Director Q&A, and are limited to two per meeting unless increased by council.\]–None Jessica Stallard Deputy City Clerk City of Seward, Alaska Historic Preservation Agenda July 9, 2020Page 1 2 7.PUBLIC HEARINGS –None 8.UNFINISHEDBUSINESS–None 9.NEW BUSINESS A.Resolutions 1.Resolution 2020-002, Recommending That the 2020 Seward Historic Preservation Award Be BestowedtoIrisDarling, and John S. French Posthumously…………………Pg. B.Other New Business Items *1.Approve theJune11,2020RegularMeetingMinutes……………………………….Pg. *2. Approve the Founder’s Day proclamation…………………………………………Pg. 3.Discuss the 2017 HeritageProgrammatic Agreement on nationalforestsinAlaska...Pg. 4.Discuss proposed committees.(Libbrecht)…………………………………………...Pg. 5.Discuss the Jesse Lee Home.(Seese)………………………………………………...Pg. 6.Discuss RockwellKent Evenings.(Seese)…………………………………………..Pg. 7.Discuss Hoben Park.(Benoit)……………………………………………………….Pg. 8.Discuss the 25 properties the commission identified for historic recognition. (Seese) 10.INFORMATIONAL ITEMS AND REPORTS \[No Action Required\] – None 11.CITIZEN COMMENTS\[There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.\] 12.COMMISSION AND ADMINISTRATIONCOMMENTS & RESPONSE TO CITIZEN COMMENTS 13.ADJOURNMENT City of Seward, Alaska Historic Preservation Agenda July 9, 2020Page 2 3 I received permission from both Resurrection Bay Historical Society and The Seward Community Library Foundation to use the photos from the 2017 Historic Preservation Plan for our Facebook Page and our Standards and Guidelines document (in development). They generously allowed us to use the photos at no charge. It is important that that photos are properly credited. I am waiting for some information from Seward Community Library Foundation on the three photos I requested use for that is needed for crediting them, so we need to hold off on posting those until I receive it. Those include ( Ideas for future posts include: Supporting our supporters- A post highlighting what RBHS does when their meetings are and their website. A post letting the public know about the Seward Community Library Foundation and how their photo collection i available for public use with their website. Hoben Park A series of posts on the history of Hoben Park and how we will be working together with the city and local volunteers in the future to add back some of the historic plants such as lilacs that used to be there. Historic Walking Tour Grant At least one post letting the public know we received the grant and what we plan to do with it. This could be followed by a series of posts on the history of the different places on the tour as we come up with them for the tour. Rockwell Kent and other Events Need to determine the future dates for any events and the related information as well as graphics to post. Any posters that will be used, please email to me so I can create in the correct format for a Facebook post. Other Ideas I welcome ideas from the other commissioners and the public on things you would like to see posted about in the near future. 4 Sponsored by:Seward Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2020-002 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION, RECOMMENDING THAT THE 2020 SEWARD HISTORIC PRESERVATION AWARD BE BESTOWED TOIRIS DARLING, AND JOHN S. FRENCHPOSTHUMOUSLY WHEREAS,City Council Ordinance No. 2011-001 established the Seward Historic Preservation Award in order to annually recognize an outstanding contribution made by dedicated individuals and/or organizations to preserve the tangible aspects of Seward’s heritage; and WHEREAS,the Seward Historic Preservation Commission has chosenIris Darling and John S. French as the 2020 Seward Historic Preservation Award recipients; and WHEREAS,Iris Darling and her husband, Hugh Darling, owned the family business and the oldest continually operated business in Seward, the Brown and Hawkins Store, from 1989 until 2013. They also owned and ran Seward’s gelato shop, Sweet Darlings, from 1997 to 2019; and WHEREAS, Mrs. Darlinghas also contributed to Seward’s history by updating the Seward Historic Inventory List and passionately advocating for the preservation of the Jesse Lee Home during the 8 years that she served on the Historic Preservation Commission; and WHEREAS,John S. French served on the Historic Preservation Commission for over 12 years and the Prince William Sound Regional Citizens’ Advisory Council for over 10 years ; and WHEREAS, Mr. French was passionate about preserving the history and memory of the Fort Raymond Subdivision and the Jesse Lee Home, and he contributed his professional and personal experience and skills to writing and editing the 2017 Historic Preservation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.Mrs. Darling has shown a contribution towards historic preservation within the community of Seward by co-owning two of the oldest, family-owned businesses in Seward for three decades, passionately advocating for the preservation of theJesse Lee Home, and updating the Seward Historic Inventory List. Section 2.Mr. French contributed to Seward’s historic preservation by writing and editing the 2017 Historic Preservation Plan and passionately advocating for the preservation of the Fort Raymond Subdivision and the Jesse Lee Home. 5 CITY OF SEWARD, ALASKA RESOLUTION 2020-002 ___________________________ Section 3.It is hereby recommended that the City Council list the 2020 Seward Historic Preservation Awards to Iris Darling, and John S. French posthumously. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVEDby the Historic Preservation Commission of the City of th Seward, Alaska, this 9 day of July, 2020. THE CITY OF SEWARD, ALASKA Cheryl Seese, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Jessica Stallard Deputy City Clerk (C ity Seal) 6 7 8 City of Seward, AlaskaHistoric Preservation Commission Minutes June 11, 2020Volume , Page CALL TO ORDER TheJune 11, 2020regularmeeting of the Historic Preservation Commissionwas called to order at 6:05 p.m. byChair Cheryl Seese. OPENING CEREMONY Mary Ann Benoit led the Pledge of Allegiance to the flag. ROLL CALL There were present: Cheryl Seese presiding, and Sue WardMary Ann Benoit Wolfgang KurtzFred Woelkers (arrived 6:24 p.m.) Tanguy LibbrechtSherry Furlong (telephonically) comprising a quorum of the Commission; and Jackie Wilde, Community Development Director (telephonically) Jessica Stallard, Deputy City Clerk Excused –Kurtz Absent – None Vacancy –None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk: Megan Coppock spoke (in person)about the house and property at 335 Fifth Avenue, which had recently been sold.She said the buyerwas trying to get this propertyzoned commercially, along with herlot and the SwetmannHouse.Shewonderediftheseproperties could be added to Seward’s historic registersince they were located within Seward’s Historic District. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Ward/Libbrecht) Approval of Agenda and Consent Agenda Motion PassedUnanimous 9 City of Seward, AlaskaHistoric Preservation Commission Minutes June 11, 2020Volume , Page These items were approved on the consentagenda: Approval of the May 14, 2020 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS Proclamations and Awards –None City Administration Report–None Chair Report. Seese said she was disappointed withR & M Consulting’s presentationon the Jesse Lee Homeat Monday night’s council meeting. Jesse Lee Home–None Fort Raymond SubdivisionDistrict–None Certified Local Government (C.L.G.) Grant. Libbrecht said the official notification that Seward’s C.L.G. Grant application had been approved was an emailfrom Jean Ayers. The contracts would be sent out within the next couple of months. Libbrecht had begun researchingsigns and sign postsfor this project.He wanted a largesign to be placed in either Downtown Seward or atthe beginning of town thatwould read, “Welcome to the Tour”, and give a general overview of the project. He proposed that the commission schedule a special meetingor work sessionto make decisions regarding the C.L.G. grantproject. In response to Ward, Libbrecht said aprevious historicwalking tour had existed in Seward. Ward volunteered to contact Linda Lasota to help research the previous tour. Fred Woelkers arrived at 6:24p.m. Seward Historic Inventory List–None Historic Overlay District. Ward saidher and Benoit were workingon the Historic Overlay District. They hoped to schedule a meeting with Building Inspector Stefan Nilsson and Fire Chief Clinton Crites to discussthe Historic Overlay District.Ward said she was completing this projectin honor of former commissioner John French. Libbrecht wanted the community’s input on the Historic Overlay District. Rockwell Kent–None Historic Preservation Facebook Page –None Other Reports, Announcements and Presentations–None PUBLIC HEARINGS – None 10 City of Seward, AlaskaHistoric Preservation Commission Minutes June 11, 2020Volume , Page UNFINISHED BUSINESS Discuss the Brown & Hawkins History Award. This topic was postponed from the March 12, 2020 meeting. Seesewanted the commission to presentIris and Hugh Darling with the State of Alaska Historic Preservation Award. Shesaid she hadalsonominated Iris Darling for this year’s Seward Historic Preservation Award.The clerksaid a plaque would also be awarded to Iris Darling for her most recent term on the Seward Historic Preservation Commission. Other New Business Discuss the virtual National Alliance of Preservation Commissions Forum. Motion (Woelkers/)Set up a common link to the virtual National Alliance of Preservation Commission Forum, so any commissioners who want to join the classes can do so. Motion Failed due to lack of second Motion (Seese/) The commission will pay for each interested commissionerto attend the National Alliance of Preservation Commissions Forum. Motion Failed due to lack of second. Motion (Furlong/Woelkers) The Historic Preservation Commission will pay the $100 registration fee for commissioners who would like to attend the virtual National Alliance of Preservation Forumconference from the education fund. Motion PassedUnanimous Discuss and decide the needed committees for the Historic Preservation Commission, and set the priorities for the grant. The commission directed Libbrecht to provide a list ofcommittees needed for the C.L.G. grantat the July 9, 2020 meeting. Discuss an Evening of History at Brown and Hawkins. Motion (Woelkers/Benoit) The Historic Preservation Commission supports the “Evening with Rockwell 11 City of Seward, AlaskaHistoric Preservation Commission Minutes June 11, 2020Volume , Page Kent”presentation at Brown & Hawkins on June 27, 2020at 4:00 p.m. and will pay the $150 advertising fee. Motion Passed Yes: Woelkers, Benoit, Ward, Libbrecht, Seese No:Furlong Discuss the Jesse Lee Home. Community Development Director Jackie Wilde spoke (telephonically) about the Jesse Lee Home. She saidthe City of Seward did not have enough money to extractthe asbestos from the Jesse Lee Home.The abatement would be $1.1 millionand before abatement could occur, the flooring would have to be supported, which would cost an additional $1 million.Libbrecht supported historic preservationof allbuildings that hadhistoric significance.He believedthe Jesse Lee Home could bea viable project if someone wouldfinancially support the project. In response to Seese, Wilde said some repairs to the Jesse Lee Home were structurally sound butsome of them had failed. Shewould be asking for council direction on the Jesse Lee Home at the June 22, 2020 council meeting. In response to Libbrecht, Wilde said theCity of Seward owned the Jesse Lee Home, the 11.7 acres ofland, and the property, and appraisals were completed last year.In response to Seese, Wilde said if the $1.1 million was not used for the abatement of the Jesse Lee Home, then the money would go back to the state. Ward wanted to save as much of the Jesse Lee Home as possible;she knew from experience that historic buildings could be saved. She said the Jesse Lee Home was meaningful to the State of Alaska, as well as Seward. Motion (Woelkers/Benoit) Direct the clerk to send a statement to council supporting the abatement of the Jesse Lee Home. Motion Passed Unanimous Motion (Ward/Woelkers) Direct the clerk to send a statement to council to preserve as much of the Jesse Lee Home as possible. Motion Passed Unanimous Discuss Hoben Park beautification. Benoit was working with Parks and Recreation Director Tyler Florence on planting lilacs, installing a water source, and getting the original fence put back upat Hoben Park. 12 City of Seward, AlaskaHistoric Preservation Commission Minutes June 11, 2020Volume , Page Discuss the Historic Preservation Facebook page. The commission chose the profile picture and page banner for theirFacebookpage. INFORMATIONAL ITEMS AND REPORTS The True Value of Historic Preservation Saving Vintage and Historic Signs CITIZENSCOMMENTS – None COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Wildethanked the commissioners for their time and efforts. She was excited to hear the commission’s ideas.Wilde said the Community Development Departmentwould help the commission create a walkable tour of downtown Seward. Wardsaid she appreciated Wilde’s time and efforts. Seesesaid the State of Alaska was repaving Mile 0-8 of the Seward Highway. She thanked Wilde for attending the meeting and providing information on the Jesse Lee Home. Seese thanked the commissioners and the clerk for their hard work, and she thanked Furlong for joining the commission. She thanked Coppock for attending tonight’s meeting. Libbrecht thanked Coppock for her citizen comments. He was interested in learning more about her property. He thanked the clerk, the commissioners, and Wildefor their hard work. Woelkers apologized for being late to the meeting. Benoit thanked Coppock for her citizen comments. She thanked Wilde for attending the meeting and sharing her knowledge on the Jesse Lee Home. She thanked the commissionersfor being open to her ideas for the Historic Preservation Facebook page. Wardthanked the commissioners and the clerkfor their hard work. She said Coppock’s concerns had beenheard. Furlong appreciated the team work during the Jesse LeeHomediscussion; she was very satisfied with the statementthe commissioncreated to send to council. 13 City of Seward, AlaskaHistoric Preservation Commission Minutes June 11, 2020Volume , Page ADJOURNMENT The meeting was adjourned at 9:05 p.m. ____________________________________________________________ Jessica StallardCheryl Seese Deputy City ClerkChair (City Seal) 14 P R O C L A M A T I O N WHEREAS,on August 28, 1903, 83 men, women, and children, arrived at Resurrection Bay on the steamer, the ; and WHEREAS, aboard this steamer were two brothers, John and Frank Ballaine, who arrived on the Lowell Homestead; and WHEREAS, the Ballaine brothers envisioned a railroad to the interior of Alaska with a coastal headquarters; and WHEREAS, the settlers cleared the townsite, erected buildings, and began the construction of the Alaska Central Railroad, later to become the Alaska Railroad; and WHEREAS, John Ballaine bestowed upon the new town the name Seward, in who honor of William H. Seward; President Lincoln’s Secretary of State negotiated the purchase of Alaska from Russia in 1867, and was later President Andrew Johnson’s Secretary of State; and WHEREAS, the landing date of August 28, 1903 is remembered as Seward's Founder’s Day. NOW THEREFORE I,Christy terry, Mayor of the City of Seward, Alaska, do hereby proclaim Tuesday, august 4, 2020 as: Founder’sDay th Dated this 27 day of July, 2020 THE CITY OF SEWARD, ALASKA _______________________________ Christy terry, Mayor 15 From:Warmbrodt, Jessica - FS To:Jessica Stallard Cc:Hernandez Burke, Melinda - FS;Hicks, Keri -FS;Casulucan, Carla - FS Subject:Invitation to review Heritage Programmatic Agreement Date:Monday, July 06, 2020 2:28:38 PM Attachments:image001.png image002.png image003.png image004.png 2360_20200701_Programmatic Agreement Review Meeting Invite, SHPC.pdf 2360_20200701_ENCL_Amendment Programmatic Agreement on Heritage Program Management.pdf 2360_20200701_ENCL_Programmatic Agreement on Heritage Program Management.pdf External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Jessica Stallard, Attached to this email is a letter and 2 enclosures inviting participation in a review of the Programmatic Agreement among the USDA Forest Service, Alaska Region, the Advisory Council on Historic Preservation, and the Alaska State Historic Preservation Officer Regarding Heritage Program Management on National Forests in the State of Alaska (PA). th Your participation is most welcome in this discussion on August 4 beginning at 9AM. The group will be utilizing Teams and teleconference for the discussion. Another review will be scheduled for a later date, and if this date/time does not work for your Historic Preservation Commission, Heritage staff can also meet with you at your convenience to discuss the PA and amendments. Please contact Melinda Hernandez Burke, Alaska Region Tribal Relations Program Manager, or Keri Hicks, Alaska Region Heritage Program Manager, with any questions or if we can be of any assistance. Thank you, Jessi Warmbrodt Administrative Support Assistant Wildlife, Fisheries, Ecology, Watersheds & Subsistence (WFEWS) and Forest Management Forest Service Alaska Regional Office p: 907-586-7932 f: 907-586-7877 jessica.warmbrodt@usda.gov PO Box 21628 Juneau, AK 99802 www.fs.fed.us Caring for the land and serving people 16 17 18 PROGRAMMATIC AGREEMENT AMONG THE USDA FOREST SERVICE, ALASKA REGION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND THE ALASKA STATE HISTORIC PRESERVATION OFFICER REGARDING HERITAGE PROGRAM MANAGEMENT ON NATIONAL FORESTS IN THE STATE OF ALASKA 2017 19 Table of Contents PREAMBLE ............................................................................................................................................................. 1 I.S TIPULATIONS......................................................................................................................................................3 a.Professional Qualifications .........................................................................................................................3 b.Professional Standards ...............................................................................................................................4 c.Tribal Consultation and Participation.........................................................................................................4 d.Other Interested Parties, Including Non-federally Recognized Tribes ........................................................4 e.Streamlined Section 106 Procedures ..........................................................................................................4 ENERAL P ROCEDURES..........................................................................................................................................5 II.G a.Integrating with NEPA ................................................................................................................................5 b.Identification...............................................................................................................................................6 c.Evaluation of Historic Properties ................................................................................................................7 d.Assessment of Effects (Findings).................................................................................................................7 e.Monitoring Activities ..................................................................................................................................8 TANDARD S ECTION 106 P ROCEDURES ....................................................................................................................8 III.S IV.UMAN R EMAINS ................................................................................................................................................9 H a.Inadvertent Discoveries ..............................................................................................................................9 b.Intentional Excavation................................................................................................................................9 V.E MERGENCY U NDERTAKINGS ..................................................................................................................................9 VI.C OLLECTIONS.....................................................................................................................................................10 VII.D OCUMENTATION AND R EPORTING...................................................................................................................10 a.Annual Summary of Activities...................................................................................................................10 b.Documentation Required for Emergency Undertakings ...........................................................................11 c.Cultural Resource Recording.....................................................................................................................12 d.Formatting................................................................................................................................................12 i 20 VIII.I NTERAGENCY C OLLABORATION ........................................................................................................................12 OORDINATION WITH O THER F EDERAL R EVIEWS ......................................................................................................13 IX.C X.T RAINING .........................................................................................................................................................14 XI.D ISPUTE R ESOLUTION .........................................................................................................................................14 XII.A MENDMENTS...................................................................................................................................................15 XIII.S USPENSION .................................................................................................................................................16 ERMINATION...............................................................................................................................................17 XIV.T MPLEMENTATION AND D URATION....................................................................................................................17 XV.I SIGNATURES ........................................................................................................................................................ 18 APPENDIX A: GLOSSARY, ACRONYMS, AND ABBREVIATIONS.............................................................................. 19 APPENDIX B: AUTHORIZED UNDERTAKINGS ....................................................................................................... 27 I.A DMINISTRATIVE A CTIONS – G ENERAL G UIDELINES ..................................................................................................27 a.Activities Related to Acquisition of Land or Interests in Land – General Guidelines.................................27 b.Activities Carried Out Under an Authorization – General Guidelines .......................................................27 ROUND D ISTURBING A CTIVITIES ..........................................................................................................................29 II.G a.Previously Disturbed Grounds -General Guidelines .................................................................................29 b.Previously Undisturbed Grounds -General Guidelines .............................................................................30 III.R OUTINE M AINTENANCE .....................................................................................................................................30 a.Transportation – General Guidelines........................................................................................................30 b.Timber Management – General Guidelines..............................................................................................31 c.Historic Buildings and Structures – General Guidelines............................................................................31 EMOVAL -G ENERAL G UIDELINES .........................................................................................................................36 IV.R IRE M ANAGEMENT – G ENERAL G UIDELINES...........................................................................................................37 V.F INE C LOSURES – G ENERAL G UIDELINES................................................................................................................37 VI.M APPENDIX C: FORMS AND TEMPLATES................................................................................................................ 39 APPENDIX D: INVENTORY STRATEGY .................................................................................................................. 45 ii 21 I.I DENTIFICATION .................................................................................................................................................45 URVEY S TRATEGY ..............................................................................................................................................47 II.S III.S TANDARDS AND G UIDELINES FOR THE C ONDUCT OF F IELD S URVEYS ............................................................................48 APPENDIX E: ALASKA NATIVE TRIBES, ALASKA NATIVE CORPORATIONS, AND OTHER INTERESTED PARTIES INVITED TO CONSULT .......................................................................................................................................... 51 I.A LASKA N ATIVE T RIBES........................................................................................................................................51 LASKA N ATIVE C ORPORATIONS............................................................................................................................52 II.A THER I NTERESTED P ARTIES .................................................................................................................................53 III.O iii 22 PROGRAMMATIC AGREEMENT AMONG THE USDA FOREST SERVICE, ALASKA REGION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND THE ALASKA STATE HISTORIC PRESERVATION OFFICER REGARDING HERITAGE PROGRAM MANAGEMENT ON NATIONAL FORESTS IN THE STATE OF ALASKA Preamble WHEREAS, the USDA Forest Service (Forest Service) manages the resources of the Chugach and Tongass National Forests, which together comprise the Alaska Region; and WHEREAS, this Regional Programmatic Agreement (Agreement) fully supersedes all provisions of the Third Amended Programmatic Agreement Among the USDA Forest Service, Alaska Region, the Advisory Council On Historic Preservation, and the Alaska State Historic Preservation Officer Regarding Heritage Program Management On National Forests In the State of Alaska; and WHEREAS, the Forest Service has a multiple-use mission to manage its public lands and resources in Alaska for a variety of resources, values, products, and uses which may affect properties included in or eligible for inclusion in the National Register of Historic Places (National Register), hereafter referred to as historic properties as defined at 36 CFR 800.16(l)(1); and WHEREAS, an “undertaking” is defined as “a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of the Federal agency; those carried out with Federal financial assistance; those requiring a Federal permit, license or approval” \[36 CFR 800.16(y)\]; and WHEREAS, the Forest Service has established management policies, standards, manuals, and guidelines designed for the management and treatment of cultural resources and historic properties consistent with the spirit and intent of the National Historic Preservation Act of 1 ) and its implementing regulations entitled 1966, as amended (NHPA) (54 USC 300101 et seq. Protection of Historic Properties (36 CFR 800); and WHEREAS, the Forest Service has consulted with the Advisory Council on Historic Preservation (ACHP) and the Alaska State Historic Preservation Officer (SHPO) pursuant to Section 800.14(b) of 36 CFR 800 implementing Section 106 (§ 306108) of the NHPA; and the Signatory Parties agree that the Forest Service Alaska Region has an extensive history of compliance with the 1 Formerly 16 USC 470 et seq. 1 23 provisions of 36 CFR 800 that demonstrates that many undertakings can be implemented using more cost-effective, expedited steps and procedures than those outlined in 36 CFR 800; and WHEREAS, the Signatory Parties share a common desire to develop a flexible programmatic approach for expeditiously implementing projects subject to Section 106 of the NHPA that will satisfactorily take into account the effects of Forest Service undertakings on historic properties, provide for tribal consultation and public participation, minimize redundant documentation, and reduce the need for case-by-case review of routine activities when historic properties will not be affected or when standard protocols and treatments can be applied; and WHEREAS, execution of this Agreement by the Forest Service obligates each participating Forest and Forest Supervisor to comply with the stipulations contained herein; and WHEREAS, the Forest Service recognizes its government-to-government and government-to- corporation relationships with federally recognized Indian tribes \[as defined at 36 CFR 800.16(m)\], hereinafter referred to as Alaska Native Tribes and Alaska Native Corporations \[as defined in Forest Service Manual (FSM) 1563.05\]; and WHEREAS, the Forest Service recognizes that some historic properties may be culturally significant to Alaska Native Tribes and Alaska Native Corporations as well as non-federally recognized tribes; and WHEREAS, the Forest Service has invited the following Alaska Native Tribes and Alaska Native Corporations to consult on the development of this Agreement (See Appendix E: Alaska Native Tribes, Alaska Native Corporations, and Other Interested Parties Invited to Consult); and WHEREAS, Chugach Alaska Corporation provided comments and Douglas Indian Association and Organized Village of Kake acknowledged their review of the Agreement without providing additional comments; and WHEREAS, the Forest Service has invited the following local governments and other interested parties to consult (See Appendix E: Alaska Native Tribes, Alaska Native Corporations, and Other Interested Parties Invited to Consult), including Certified Local Governments; and WHEREAS, Sitka Historic Preservation Commission provided comments and Seward Historic Preservation Commission reviewed the Agreement without providing additional comments; and WHEREAS, determining that an undertaking has the potential to affect a historic property requires subject matter expertise; only a qualified Heritage Professional may recommend to the agency official whether a particular activity is an undertaking for the purposes of NHPA and whether the terms of this Agreement may be applied or whether standard Section 106 procedures per 36 CFR 800 and FSM 2364.11 shall be followed; 2 24 NOW, THEREFORE, the Signatory Parties agree that undertakings by the Forest Service Alaska Region shall be implemented in accordance with the following stipulations in order to take into account their effects on historic properties; and, when so administered, the procedures specified in this Agreement for identification, documentation, evaluation, review, consultation, and public notification and participation will be followed, and these procedures satisfy the Forest Service’s Section 106 responsibilities for all subject undertakings. Forest Service Alaska Region shall ensure the following measures are carried out: I.Stipulations a.Professional Qualifications The Forests shall employ Heritage Professionals and non-government personnel through the use of contracts or agreements or other instruments, who meet the following professional qualification standards. i.Forest Service Heritage Professionals shall meet professional qualifications 2 standards established by the Office of Personnel Management \[§ 306131 (a)(1)(B)\] and found at FSM 2360.5, FSM 2360.91.1, and Forest Service Handbook (FSH) 2309.12 Chapter Zero Code 04.1. ii.The Forest Service may use the services of paraprofessionals provided they have been trained in historic preservation in a training program developed in consultation with the SHPO, have acquired a paraprofessional certification per FSH 2309.12 Chapter Zero Code 06.6, and are supervised by Forest Service Heritage Professionals who meet the above professional qualifications. 1.Paraprofessionals may document the presence/absence of cultural resources, monitor cultural resources, and prepare condition assessments of cultural resources if baseline documentation exists. 2.Paraprofessionals may not evaluate cultural resources against National Register criteria or make recommendations related to cultural resource management. iii.All non-government personnel shall meet the professional qualifications standards found in the Secretary of the Interior's Professional Qualifications Standards and Guidelines for Archeology and Historic Preservation per FSM 2360.92. 2 Formerly Section 112 3 25 b.Professional Standards The Forest Service shall, per § 306131 (a)(1), be responsible for the protection of historic properties and will ensure that all actions taken by employees, contractors, or others acting on behalf of the agency meet professional standards by maintaining a viable Heritage program as evidenced by policies and procedures outlined specifically in FSM 2360 and FSH 2309.12, as well as other Forest Service directives. c.Tribal Consultation and Participation The Forest Service shall consult with Alaska Native Tribes and Alaska Native Corporations about properties of interest to them that may be affected by Forest Service undertakings pursuant to 36 CFR 800.2(c)(2), and identification of historic properties pursuant to 36 CFR 800.4(a)(4). This consultation will be conducted in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties during planning and implementation, regardless of whether the Agreement applies or not. Property types may include, but are not limited to: sacred sites as defined in Executive Order 13007 and FSM 1563.05; sacred places as defined in FSM 1563.05; traditional use areas that may relate to the practice of traditional religions as described in American Indian Religious Freedom Act (42 USC 1996); Native American graves under Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC 3001 et seq.); Traditional Cultural Properties (TCPs) in accordance with 36 CFR 800 and FSM 2363.17, or other precontact or historic cultural resources. d.Other Interested Parties, Including Non-federally Recognized Tribes i.The Forest Service shall seek and consider the views of stakeholders, including Certified Local Governments and Historic Preservation Commissions, in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties and the likely interest of the public in the effects on historic properties pursuant to 36 CFR 800.2(5)(d). ii.The Forest Service may choose to exclude undertakings from the provisions of this Agreement and to follow standard Section 106 procedures at 36 CFR 800 if stakeholder input demonstrates it is in the best interest of the resources or the Agency (Section III. Standard Section 106 Procedures). e.Streamlined Section 106 Procedures If the Heritage Professional has determined that all of the criteria below have been satisfied, streamlined procedures under this Agreement may be used and no further consultation with SHPO is necessary unless circumstances warrant otherwise. If one or 4 26 more criteria are not met, the undertaking shall be subject to standard Section 106 procedures at 36 CFR 800 (Section III. Standard Section 106 Procedures). ii.The Area of Potential Effects (APE) has been identified. The APE is identified by the Heritage Professional per FSM 2364.11.2.2 who will consider the direct, indirect, and cumulative effects of the undertaking, including effects that might compromise the visual integrity of surrounding historic properties, historic districts, or National Historic Landmarks (NHL). The APE is not the same (although it can be) as the “project boundaries" as defined in the National Environmental Policy Act (NEPA) (42 USC 4321-4346). The APE can be smaller, or larger, and multiple APEs may be included within the project boundaries. 1.When the APE falls within the boundary of a NHL, see Section VIII. Interagency Collaboration. iii.Appropriate identification and evaluation research has been carried out to the degree required to make decisions regarding the historic properties that may be affected by this undertaking (Section II.b. Identification, and Appendix D: Inventory Strategy). iv.Known cultural resources identified within the APE have been evaluated for the National Register or have not been evaluated but are to be treated as eligible per FSM 2363.22 and the provisions at Section II.c. Evaluation of Historic Properties. The Heritage Professional may determine a reevaluation is necessary if, for example, new information about the property becomes available. v.Preliminary planning indicates a Finding of “no historic properties affected” \[36 CFR 800.4(d)(1)\] or “no adverse effect” \[36 CFR 800.5(d)(1)\] for the undertaking on all known historic properties within the APE. vi.The undertaking falls into one of the categories included in Appendix B: Authorized Undertakings. 1.If the undertaking involves a historic building or structure, Appendix B: Authorized Undertakings can only be used if a baseline recordation exists and the existing condition is documented. II.General Procedures a.Integrating with NEPA i.The Forest Service may follow 36 CFR 800.8 in coordination procedures with NEPA for Environmental Assessments (EA) or Environmental Impact Statements (EIS) and use guidance provided in NEPA and NHPA: A Handbook for Integrating 5 27 NEPA and Section 106 by the Council on Environmental Quality, Executive Office of the President and the ACHP (2013) for any agency activities requiring the development of an EA/Finding of No Significant Impact (FONSI) or EIS/Record of Decision (ROD). ii.When not following streamlined procedures under the terms of this Agreement, Forest Service may follow 36 CFR 800.8(c) to use NEPA to substitute for standard Section 106 procedures for any agency activities requiring the development of an EA/FONSI or EIS/ROD. iii.Actions reviewed under NEPA that qualify for a Categorical Exclusion (CE) still require compliance with Section 106 of the NHPA and may follow standard Section 106 procedures or, if applicable, the streamlined procedures described in this Agreement. iv.Procedures at 36 CFR 800.4(b)(2) for Phased Identification and Evaluation may be followed when the APE covers a large area or the exact location of proposed activities is to be determined; an example would be a large scale/long term vegetation management project. These procedures allow for phasing the identification of cultural resources and the assessment of effects in order to issue a NEPA decision document prior to concluding the Section 106 process. It will be clearly indicated in the NEPA decision document that 36 CFR 800.4(b)(2) is being followed and that Section 106 procedures are not concluded. b.Identification i.The Heritage Professional shall use the best available methods for identifying historic properties in the APEs for undertakings. In addition to standard literature and archival research, the Forest Service may use current predictive models developed for locating historic properties on National Forest System lands. In all cases, the Heritage Professional will use current professional standards in carrying out identification activities: 1.Heritage Professionals will follow the guidelines set forth in FSM 2363 and FSH 2309.12 Chapter 30 to identify, evaluate, and allocate cultural resources to a management category. The direction contained within FSH 2309.12 Chapter 30 applies to these activities regardless of whether they are conducted under Section 106 or Section 110 (§ 306101-306107 and 306109- 306114) of the NHPA, or Archaeological Resources Protection Act (ARPA) (16 USC 470aa et seq.) or other authorities. 2.Heritage Professionals will consult with Alaska Native Tribes and Alaska Native Corporations and other traditional users pursuant to 36 CFR 800.4(a)(3) and 36 CFR 800.4(a)(4). 6 28 3.Heritage Professionals, in keeping with the Secretary of the Interior’s Standards for Identification, will use their best professional judgement in creating an appropriate cultural resource identification strategy "undertaken to the degree required to make decisions". 4.Predictive modeling is based on current research relating to isostatic rebound and landscape level changes, including ancient shorelines, fossil beaches, refugia, and submerged cultural resources (Appendix D: Inventory Strategy). Current statistical models have identified “probability zones” of “high” or “low” which are predictors of potential cultural resource density. The models will be tested and updated on a continuing basis. 5.“Probability zones” will be reviewed annually and revised as needed when summarizing activities (Section VII. Documentation and Reporting). 6.Heritage Professionals shall ensure that any previous identification efforts in the APE meet current standards as defined in Appendix D: Inventory Strategy, and if not, shall follow Appendix D to ensure that current standards are met. c.Evaluation of Historic Properties i.Properties will be evaluated for eligibility using criteria at 36 CFR 60.4 as determined appropriate by a Heritage Professional. 1.Historic properties that have been formally evaluated and have received SHPO concurrence shall be covered under the terms of this Agreement. 2.Cultural resources which have been identified, but have not been formally evaluated for eligibility to the National Register shall be treated as eligible historic properties per FSM 2363.22 under the terms of this Agreement. 3.The Heritage Professional shall determine whether a property’s circumstances have changed and an eligibility evaluation requires updating prior to an undertaking. d.Assessment of Effects (Findings) i.A Finding of “no historic properties affected” \[36 CFR 800.4(d)(1)\] shall be applied to undertakings for which the Heritage Professional has determined there will be no effects to historic properties. ii.A Finding of “no adverse effect” \[36 CFR 800.5(d)(1)\] shall be applied to undertakings for which the Heritage Professional has determined there will be no adverse effects to historic properties. 7 29 iii.Cumulative effects must be included in the assessment of effects and if there is a reasonable foreseeable potential for an “adverse effect,” a conditional Finding of “no adverse effect” may be applied if conditions are imposed to avoid them per 36 CFR 800.5(b). Conditions are project specific. Examples include: 1.Requiring Leave No Trace principals be practiced for activities such as camping, hiking, and picnicking in areas near or on historic properties, and requiring that areas where activities occur are not subject to large volumes of visitor traffic that may cause adverse effects through overuse. 2.Requiring “avoidance” of historic properties as a matter of Forest Service policy such as rerouting trails, road realignments, changes in designs, or limiting visitor numbers to reduce impacts. iv.When the Heritage Professional determines that an undertaking will result in an “adverse effect” \[36 CFR 800.5(d)(2)\], then the undertaking shall be subject to standard Section 106 procedures at 36 CFR 800 (Section III. Standard Section 106 Procedures). e.Monitoring Activities i.To ensure compliance with this Agreement, Heritage Professionals shall monitor activities during or post-implementation of undertakings. 1.If a conditional Finding of "no adverse effect" is applied, the undertaking may proceed, but requires monitoring on a schedule that the Heritage Professional deems appropriate for the activity and the resource to confirm that the Finding remains “no adverse effect.” 2.Should monitoring reveal that historic properties are being adversely affected, the SHPO and any appropriate Alaska Native Tribe(s) or Alaska Native Corporation(s) shall be notified. Forest Service will either revert to standard Section 106 procedures (Section III. Standard Section 106 Procedures) or, if necessary, implement post-review discoveries protocols per 36 CFR 800.13. III.Standard Section 106 Procedures Any undertakings that do not meet the criteria in Section I.e. Streamlined Section 106 Procedures shall be subject to standard Section 106 procedures. a.When desired by the Forest Service, or requested by the Signatory Parties, the Forest Service may apply the standard Section 106 procedures for any individual undertaking that would otherwise be covered under this Agreement. 8 30 b.When switching from the modified procedures allowed by this Agreement to the standard Section 106 procedures, the Signatory Parties shall consult about where to best enter the standard Section 106 process. c.Discoveries and Unanticipated Effects i.The SHPO and any appropriate Alaska Native Tribe(s) or Alaska Native Corporation(s) shall be notified by the Forest Service as soon as practicable (within a maximum of 48 hours) upon confirmation of the discovery that a known historic property or previously unidentified cultural resource has been affected by an undertaking in accordance with the provisions of 36 CFR 800.13(a)(1) and at that point the Forest Service shall revert to standard Section 106 procedures for determination of eligibility and assessment of effects. ii.All activities in the vicinity of the discovery shall cease and reasonable efforts shall be taken to avoid or minimize harm to the resource. IV.Human Remains a.Inadvertent Discoveries In the event that any human remains are encountered, work in the immediate vicinity of the discovery shall cease. Forest Service shall, as appropriate, comply with the most current State protocols for reporting discovery of human remains, which is available through the Office of History and Archaeology (OHA)/SHPO. If, after State protocols have been carried out, the potential for Alaska Native human remains is identified, the Forest Service shall follow NAGPRA procedures as outlined at 43 CFR 10, and ARPA procedures as outlined at 43 CFR 7. b.Intentional Excavation The Forest Service shall develop a NAGPRA Written Plan of Action \[43 CFR 10.5(e)\] or Comprehensive Plan \[43 CFR 10.5(f)\], in consultation with the appropriate Alaska Native Tribe(s) and Alaska Native Corporation(s), governing intentional recovery of human remains. The Forest Service shall notify the SHPO in advance of such an undertaking and provide an opportunity to comment. V.Emergency Undertakings a.In the event of a declared emergency per 36 CFR 800.12 or in the case of an immediate threat to life or property as determined by the Forest Service, the Forest Service and its mutual aid partners will implement, to the extent prudent and feasible, any measures that could avoid or minimize harm to historic properties. The Forest Service may assume the eligibility of a cultural resource or group of resources for inclusion in the National 9 31 Register without consultation with the SHPO and shall carry out preservation of damaged properties in a manner that will not adversely affect them. b.The SHPO, the ACHP, Alaska Native Tribe(s), and Alaska Native Corporation(s) will be notified of the emergency. If circumstances allow, those notified shall have seven days to comment \[36 CFR 800.12(b)\]. VI.Collections a.The Forest Service Alaska Region has a limited collection policy. When conducting surveys, only diagnostic artifacts (by time, function, etc.) are collected, along with appropriate material samples for analysis (Carbon-14, pollen, etc.). When conducting a controlled excavation, whether in-house or by contract, the Principal Investigator, following a prepared research design, identifies the appropriate materials for collection and retention in the permanent record. Materials may include artifacts, regardless of whether they are diagnostic, using current techniques, as well as material samples that include rocks, minerals, soils, flora (including charcoal and pollens), and fauna. All collected materials are curated in perpetuity with the exception of those samples which are subject to destructive analysis. This is standard professional practice in order to ensure that samples are retained for analysis using future techniques. b.Collections are managed according to FSM 2366 and FSH 2309.12 Chapter 60 and will be housed in a facility meeting standards in 36 CFR 79. c.When conducting investigations on State land, Forest Service personnel and personnel working on behalf of the Forest Service will follow the State collection policy. d.When conducting investigations on lands governed by other laws, Forest Service will follow collection policies outlined in the applicable law or negotiated with the landowner. VII.Documentation and Reporting a.Annual Summary of Activities i.A summary of activities shall be prepared annually using existing and readily available information within the Forest Service established recordkeeping procedures, and will be shared with Signatory Parties and any other interested parties upon request. ii.The content of the summary will include: 1.The Secretary of the Interior’s Annual Report to Congress for the most recently completed fiscal year. 10 32 a.Noteworthy project(s) carried out on each District are included in the narrative section of the Secretary of the Interior’s Annual Report to Congress. 2.Cultural resource inventory reports that were completed under the terms of this Agreement, including a project map showing the area surveyed and cultural resources identified. 3.A spreadsheet containing the following summary data which identifies: a.Undertakings that followed standard procedures. b.Undertakings that followed streamlined procedures. c.Undertakings that resulted in new inventory. d.New cultural resources identified. e.Known cultural resources revisited and/or monitored. f.Unanticipated discoveries. g.Existing MOAs and their status on meeting stipulations. h.Previous or current undertakings that resulted in a conditional Finding of “no adverse effect,” to include the date the APE and/or relevant cultural resources were last monitored, and their noted conditions. i.Training accomplished by Heritage staff and Line Officers per Section X. Training. 4.A short narrative assessment of how the Agreement procedures are working, with recommendations for future changes. 5.Proposed changes to the appendices, if any. b.Documentation Required for Emergency Undertakings i.Emergencies per 36 CFR 800.12. The Forest Service shall document properties discovered or affected by an emergency undertaking, including post-emergency preservation efforts, and shall submit a final report to the SHPO and affected Alaska Native Tribe(s) and/or Alaska Native Corporation(s) within six months of the conclusion of the emergency response action and any associated preservation efforts. 11 33 c.Cultural Resource Recording i.If new cultural resources are discovered during the Identification and Evaluation phase, a Forest Service Cultural Resource Record (CRR) shall be completed and submitted to the Alaska Heritage Resources Survey (AHRS) Manager for entry into the AHRS database and the cultural resource information will be updated in the Forest Service database. ii.If previously known cultural resources are monitored and conditions have changed, an updated Forest Service CRR shall be completed and submitted to the AHRS Manager for entry into the AHRS database and the cultural resource information will be updated in the Forest Service database. d.Formatting i.All reports will be formatted using PDF and shall be submitted electronically. Paper copies of reports may be provided to appropriate parties upon request. VIII.Interagency Collaboration a.In order to foster cooperative relations, the Forest Service will invite Signatory Parties and any other interested parties to a review meeting every two years (biennial). i.Meetings may be conducted in any mutually agreeable location and/or format, including in-person, video conferencing, or teleconferencing. ii.At a minimum, participants from the Forest Service will include the Regional Forester, Forest Supervisors, and Regional and Forest level Heritage and Tribal Relations program managers. iii.At a minimum, invitees will include SHPO, ACHP, Alaska Native Tribes, Alaska Native Corporations, and any other interested parties. iv.Topics for discussion shall include: 1.A review of the summary of activities accomplished during the past two fiscal years (Section VII.a. Annual Summary of Activities). 2.Upcoming program of work. 3.Ongoing dialogue about how the Agreement is working and whether any changes need to be made. 12 34 b.SHPO staff will participate in the Forest Service Alaska Region monthly Heritage program calls. c.The SHPO agrees to use the Forest Service CRR to populate the AHRS database for new and updated cultural resource information from the Forest Service. Forest Service Heritage staff will use the Forest Service CRR. d.The Forest Service and SHPO will be mutually responsible for accuracy of their respective records systems. e.The Forest Service and the SHPO mutually agree to share current information regarding any cultural resources reported on National Forest System lands. f.Heritage Professionals may conduct field surveys for cultural resources on State intertidal lands, and they may conduct field surveys on other State lands on a case-by- case basis in consultation with the SHPO. i.Field surveys conducted on State intertidal lands, defined as those lands below mean high tide, will not require Forest Service Heritage Professionals to obtain Alaska State Cultural Resource Investigation Permits. ii.Work conducted on other State lands may require a permit, which shall be determined in consultation with the State Archaeologist. iii.The Forest Service shall collect the minimum amount of data needed to make a determination of eligibility. Any collections remain the property of the State of Alaska and shall be curated in an OHA-approved repository in accordance with State collection policies. iv.All such work is conducted in a collaborative sense of shared stewardship responsibilities. g.Given the requirements of 36 CFR 800.10, when the APE falls within the boundary of a NHL, the Forest Service will consult with the National Park Service’s Alaska Regional Office NHL Coordinator to ensure that our findings are in agreement. If there is the potential for an adverse effect, standard Section 106 procedures shall be followed (Section III. Standard Section 106 Procedures). IX.Coordination with Other Federal Reviews a.A Federal agency that is not a Signatory Party may use this Agreement to satisfy its Section 106 responsibilities for an undertaking on National Forest System lands by notifying the Signatory Parties in writing that it agrees to the terms of the Agreement. 13 35 b.Any Federal agency using this Agreement to satisfy its Section 106 responsibilities for an undertaking on National Forest System lands agrees that the Forest Service shall be the primary point of contact on the use of the Agreement and shall provide the Forest Service the opportunity to comment on eligibility recommendations and findings of effect prior to submission to the SHPO. X.Training a.Forest Service Heritage staff, including temporary or seasonal staff, shall receive baseline training in the procedural requirements for complying with the NHPA, to include Section 106 and Section 110. Training venues include but are not limited to in- house, National Preservation Institute, ACHP, and SHPO; both classroom and online courses are available. b.Forest Service Heritage staff shall receive refresher training in standard Section 106 procedures every three years while this Agreement is in effect. c.Within six months of the signing of this Agreement, SHPO and the Forest Service shall prepare draft implementation guidelines for Heritage staff and Line Officers describing how to use this Agreement. The goals of the implementation guidelines are to 1) acquaint Heritage staff and Line Officers with the various approaches for complying with Section 106, 2) provide guidance for deciding which approach to use, and 3) provide case examples and best practices for applying each approach. Within twelve months of the signing of this Agreement the implementation guidelines will be finalized. d.Forest Service Heritage staff and Line Officers shall receive training in the use and implementation of this Agreement as an alternative to standard Section 106 procedures within six months of completing the implementation guidelines described above. This training will be open to all interested Forest Service staff. e.New Forest Service Heritage staff and Line Officers shall receive training in the use and implementation of this Agreement as an alternative to standard Section 106 procedures within the first six months of their hiring. f.Any Forest or District that is suspended from use of this Agreement per Section XIII. Suspension, for any period of time, must ensure that the Line Officer and District staff complete training in standard Section 106 procedures as soon as practicable upon suspension. XI.Dispute Resolution a.Should SHPO object within 30 calendar days after receipt of any documents provided for review pursuant to this Agreement, or object to the manner in which this Agreement is being implemented, the Forest Service shall consult with SHPO to resolve the objection. 14 36 If the Forest Service determines that such objection cannot be resolved, the Forest Service will: i.Forward all documentation relevant to the dispute, including the Forest Service’s proposed resolution, to the ACHP. The ACHP shall provide the Forest Service with its advice on the resolution of the objection within 30 calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the Forest Service shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the Signatory Parties, and provide them with a copy of such written response. The Forest Service will then proceed according to its final decision. ii.If the ACHP does not provide its advice regarding the dispute within the 30 day time period, the Forest Service may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the Forest Service shall prepare a written response that takes into account any timely comments regarding the dispute from the Signatory Parties to the Agreement, and provide them with a copy of such written response. iii.The Forest Service’s responsibility to carry out all other actions subject to the terms of this Agreement that are not the subject of the dispute remain unchanged. b.At any time during implementation of the measures stipulated in this Agreement, should an objection to any measure be raised by an Alaska Native Tribe, Alaska Native Corporation, or other interested party, the Forest Service shall take the objection into account and consult as needed with the objecting party, the SHPO, others as needed, and the ACHP if necessary to resolve the objection. XII.Amendments a.Appendices. Upon written agreement of the Signatory Parties, to be documented in formal correspondence, any appendix to this Agreement may be modified without formal amendment to this Agreement. Modifications shall be distributed to the Signatory Parties and concurring parties and appended to this Agreement. b.Body of Agreement. This Agreement may be amended when such an amendment is agreed to in writing by all Signatory Parties. The amendment will be effective on the date a copy signed by all of the Signatory Parties is filed with the ACHP. 15 37 XIII.Suspension a.Each Forest and District is responsible for following the terms of this Agreement and may be individually suspended, as described below, without affecting participation of the others. b.Failure of a Forest to have a qualified Heritage Professional officially carrying out the responsibilities of the Forest Archaeologist/Heritage Program Manager for more than 60 days will result in the Forest and all its Districts being suspended from participation in this Agreement. c.The decision to add or suspend a Forest or District’s participation in this Agreement shall ultimately be made by the Regional Forester, following consultation with the Signatory Parties and the appropriate Line Officer. i.The Regional Forester shall monitor compliance with the terms of this Agreement and may independently suspend a Forest or District from participation in this Agreement. ii.Before a Forest or District is suspended from use of this Agreement, representatives of the Regional Forester and the SHPO will meet with the appropriate Line Officer to develop remedial steps to resolve any concerns that led to the suspension proposal. A remediation plan will be developed, signed by the Line Officer and SHPO, and submitted to the Regional Forester for review. Remediation plans will include, at a minimum, completion of training in standard Section 106 procedures by the Line Officer and District staff and demonstrated program improvement to be determined by the Signatory Parties. iii.Failure by the Forest or District to carry out the remediation plan within the agreed upon timeframe will result in suspension of the Forest or District from the Agreement. A Forest or District suspended from this Agreement must follow the standard Section 106 procedures described in 36 CFR 800 with regard to all undertakings. iv.Suspension may be lifted by the Regional Forester after the Forest or District has carried out the remediation plan to the satisfaction of the Regional Forester and the SHPO. v.A Forest or District that has been suspended from this Agreement may be placed on a probation period after suspension is lifted. During a probation period, the Forest or District may be required to provide additional documentation, negotiated with the SHPO and Regional Forester, regarding compliance activities. 16 38 vi.The length of the probation period will be established by the Regional Forester and SHPO and will be based on the severity of the infraction that led to the suspension. XIV.Termination a.Any Signatory Party to this Agreement may terminate it by providing 60 calendar days written notice by certified mail to the other Signatory Parties provided: i.All parties seek to avoid termination by consulting on the Agreement, on amendments or other actions that have caused a Signatory Party to seek termination. ii.This time frame may be extended for a specified period of time upon agreement of all Signatory Parties to this Agreement. Termination of this Agreement, or failure to abide by its terms shall require the Forest Service to comply with standard Section 106 procedures with respect to undertakings that otherwise would be reviewed under this Agreement. XV.Implementation and Duration This Agreement becomes effective on the date of the last signature written below and will remain in effect for a period of five years unless amended per Section XII. Amendments or terminated per Section XIV. Termination. The Signatory Parties will conduct a review of th operating satisfaction and document their findings in a supplement to the 5year annual summary of activities. If no critical problems are identified, the Agreement will remain in effect an additional five years, for a total of ten years, at which point it may be renewed, revised, or terminated. Execution of this Agreement and implementation of its terms evidences that the Forest Service has taken into account the effects of individual undertakings on historic properties from its on- going management of Alaska National Forests, pursuant to the terms of this Agreement, and has afforded the ACHP an opportunity to comment. 17 39 40 APPENDIX A: Glossary, Acronyms, and Abbreviations Definitions used in this Agreement are the same as those in the NHPA and 36 CFR 800, unless otherwise defined in this Agreement. 2008 Farm Bill Public Law 110-246, Food, Conservation, and Energy Act of 2008, (applicable section) Title VIII -Forestry, Subtitle B -Cultural and Heritage Cooperation Authority, Sections 8101-8107 ABA Architectural Barriers Act. Federal agencies are responsible for ensuring compliance with the ABA standards when funding the design, construction, alteration, or leasing of facilities. ADA (Americans with Disabilities Act) applies to businesses, State, and local governments and does not apply to federal agencies. ACHP Advisory Council on Historic Preservation Agreement This Programmatic Agreement AHRS Alaska Heritage Resources Survey Alaska Native Corporations and Government-to-Corporation Consultation “Created under the Alaska Native Claims Settlement Act (43 USC Chapter 33), these corporations manage lands and resources for Alaska Natives. While not federally recognized Indian tribes, consultation is required with these organizations in some instances as if they were Indian tribes pursuant to Public Laws 108-199 and 108-447 directing all Federal agencies to consult with Alaska Native Corporations on the same basis as Indian tribes under Executive Order 13175. This type of consultation is considered government-to-corporation, rather than government-to- government” (FSM 1563.05). APE Area of Potential Effects ARPA Archaeological Resources Protection Act CFR Code of Federal Regulations Character Defining Features Character refers to all those visual aspects and physical features that comprise the appearance of every historic building. Character-defining elements include the overall shape of the building, its materials, craftsmanship, decorative details, interior spaces and features, as well as the various aspects of its site and environment. See Technical Preservation Brief #17 for more information. 19 41 Consolidant Consolidants and adhesives are used in materials conservation to impregnate and strengthen materials or to repair pieces that are broken. Polyvinyl Acetate (PVA) is one chemical formulation that can be used to glue objects, but also, when diluted, can be used to impregnate materials to strengthen them. Elmer’s Glue is one example of a PVA. CRR Cultural Resource Record Cultural Resources “An object or definite location of human activity, occupation, or use identifiable through field survey, historical documentation, or oral evidence. Cultural resources are prehistoric, historic, archeological, or architectural sites, structures, places, or objects and traditional cultural properties.…cultural resources include the entire spectrum of resources for which the Heritage Program is responsible from artifacts to cultural landscapes without regard to eligibility for listing on the National Register of Historic Places” (FSM 2360.5). Note that this is also the accepted NEPA definition of “cultural resources”. District Ranger District on the Chugach or Tongass National Forest EA Environmental Assessment EIS Environmental Impact Statement Federally Recognized Tribe “An American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs. Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States” from Bureau of Indian Affairs Frequently Asked Questions. FONSI Finding of No Significant Impact. A FONSI is the final decision document signed as part of an Environmental Assessment under NEPA. Forest Chugach or Tongass National Forest Forest Service USDA Forest Service 20 42 3 Fossil Ice Patch The former location of an ice patch that has melted completely away. FSH Forest Service Handbook FSH 1509.13 Forest Service Handbook, American Indian and Alaska Native Relations FSH 2309.12 Forest Service Handbook, Heritage Program Management FSM Forest Service Manual FSM 1563 Forest Service Manual, Tribal Relations FSM 2360 Forest Service Manual, Heritage Program Management Government-to-Corporation Consultation See Alaska Native Corporations and Government-to-Corporation Consultation Government-to-Government Consultation “Also “Tribal Consultation”. The timely, meaningful, and substantive dialogue between Forest Service officials who have delegated authority to consult, and the official leadership of federally recognized Alaska Native Tribe(s) or Alaska Native Corporation(s), or their designated representative(s), pertaining to decisions or actions that may have tribal implications” (FSM 1563.05). Heritage Professional Heritage Professionals are employed at the Region, Forest or District level as the Regional Heritage Program Leader, Forest Heritage Program Manager/Leader (Forest Archaeologist), and District or Zone Archaeologist. “A Forest Service staff or advisory position with education and expertise in archaeology, history, cultural resources management, or related disciplines. Heritage Professionals are in the GS-170-History, GS- 190-General Anthropology, and GS-193-Archaeology job series. They provide professional recommendations and services to help land managers meet their Heritage Program responsibilities” (FSM 2360.5)…“including cultural resource identification (inventory), evaluation, allocation, protection, stewardship, curation, and reporting. Only Heritage Professionals may make management recommendations and review and recommend approval of heritage work done by 3 Vanderhoek, Richard, Brian Wygal, Randolph M. Tedor and Charles E. Holmes 2007 Survey and Monitoring Ice Patches in the Denali Highway Region, Central Alaska, 2003-2005. Alaska Journal of Anthropology 5(2):67-86. 21 43 archaeological technicians, paraprofessionals, contractors, cooperators, and volunteers” (FSM 2360.91.1.). Historic property “Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria” \[36 CFR 800.16(l)(1)\]. HVACHeating, Ventilation, and Air Conditioning Indian tribe “An Indian tribe, band, nation, or other organized group or community, including a native village, regional corporation or village corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 USC 1602), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians” \[36 CFR 800.16(m)\]. For this Agreement the more commonly used “Alaska Native Tribe(s)” and “Alaska Native Corporation(s)” is the preferred terminology when referring to “Indian tribe(s)”. Leave No Trace An established program “built on seven core principles that…were developed to help educate and guide recreationists in sustainable minimum impact practices that mitigate or avoid recreation-related impacts”. The seven principles are: Plan Ahead and Prepare Travel and Camp on Durable Surfaces Dispose of Waste Properly Leave What You Find Minimize Campfire Impacts Respect Wildlife Be Considerate of Other Visitors (from Leave No Trace Seven Principles Overview). Line Officer Management personnel within the Forest Service organization consisting of: Secretary of Agriculture, Chief of Forest Service, Regional Foresters, Forest Supervisors, and District Rangers. Refers to the line of authority and responsibility. “Within the constraints of applicable law, regulation, 22 44 and policy and the limits of their assignments, Line Officers in the Forest Service are delegated authority and assigned responsibility to: 1.Plan, establish, and evaluate overall policies and programs. 2.Advise superior officers on matters of policy and program administration. 3.Supervise the formulation of, approve, and issue necessary directives, goals, policy, procedure, and standards. 4.Direct and supervise employees under their jurisdiction. 5.Estimate workload and staffing needs of their organizations, allocate personnel and other resources, and expend funds within the limits and authorities established at higher levels. 6.Sign and execute documents within authorities granted by higher levels” (FSM 1230.41 Delegations of Authority and Responsibility). Management Category The Forest Service assigns a Management Category to cultural resources. These include Preservation, Enhancement, Scientific Investigation, or Release from Management under NHPA (see FSM 2363.3) which describe how a particular resource will be managed in the future. MHW Mean High Water MLLW Mean Lower Low Water MOA Memorandum or Memoranda of Agreement NAGPRA Native American Graves Protection and Repatriation Act National Register National Register of Historic Places (NRHP) NEPA National Environmental Policy Act NHL National Historic Landmark NHPA National Historic Preservation Act Non-federally Recognized Tribe Any Indian tribe that does not meet the definition of federally recognized tribe (above). OHA Office of History and Archaeology Preservation Standard Under the Secretary of the Interior’s Standards for the Treatment of Historic Properties there are four levels of intervention. The Preservation 23 45 standard requires the retention of the greatest amount of historic fabric, along with the building’s historic form, features and detailing as they have evolved over time. This standard has the least amount of flexibility and discourages addition of new materials and features to historic buildings and structures. Region USDA Forest Service Alaska Region Replacement in Kind Under the Secretary of the Interior’s Standards for the Treatment of Historic Properties, ‘replacement in kind’ refers to matching the old feature in composition, design, color, and texture. The use of this Agreement requires following the Preservation standard for replacement in kind meaning wood is replaced with wood, and alternative, synthetic materials, are not used. If alternatives are proposed, then standard Section 106 procedures will be followed. ROD Record of Decision. A ROD is the final decision document signed as a part of an Environmental Impact Statement under NEPA. Sacred Place “Any specific location on National Forest System land, whether site, feature, or landscape, that is identified by an Indian tribe, or the religious societies, groups, clans, or practitioners of an Indian tribe, as having important spiritual and cultural significance to that entity, greater than the surrounding area itself. Sacred places may include but are not limited to geological features, bodies of water, burial places, traditional cultural places, biological communities, stone and earth structures, and cultural landscapes uniquely connecting historically important cultural sites, or features in any manner meaningful to the identifying Tribe” (FSM 1563.05). Sacred Site “As identified in Executive Order 13007, any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the Agency of the existence of such a (FSM 1563.05). site.” SHPO Alaska State Historic Preservation Officer 24 46 Signatory Party People/organizations who have signed this Agreement as a signatory. Signatory Parties have review or other responsibilities identified in the Agreement. TCP Traditional Cultural Property USC United States Code USDA United States Department of Agriculture 25 47 APPENDIX B: Authorized Undertakings Qualified Heritage Professionals shall use “General Guidelines” for each heading to evaluate whether or not the undertaking is covered under this Agreement. Examples of allowable activities within the General Guidelines are provided to help the Heritage Professional evaluate whether a particular undertaking is authorized under this Agreement. If an appropriate activity is available, then the Heritage Professional shall document the reference for using this appendix to the file and enter it into the Forest Service database. If a specific activity is not described, but the undertaking otherwise meets the General Guidelines, the appropriate reference is the General Guideline. If the undertaking does not meet a guideline, then standard Section 106 procedures apply (Section III. Standard Section 106 Procedures). Undertakings are authorized under the terms of this Agreement with no further consultation if all criteria listed in the body of the Agreement under Section I.e. Streamlined Section 106 Procedures, are met: I.Administrative Actions – General Guidelines Any administrative action that has no potential to cause effects to historic properties \[per 36 CFR 800.3(a)(1)\]. This includes the acquisition of land or interest in land. If land is expected to be conveyed out of federal ownership standard Section 106 procedures apply. a.Activities Related to Acquisition of Land or Interests in Land – General Guidelines i.Surveying and posting landline boundaries. ii.Issuance of special use authorizations that simply transfer the authorization, without modification, from one owner to another when private improvements under the authorization are sold or transferred and no other actions are directly authorized. iii.Lands withdrawn from Mineral Entry so that they are closed to mining and mineral exploration. b.Activities Carried Out Under an Authorization – General Guidelines The following activities governed by authorizations are allowed if less than one square meter of cumulative ground disturbance across or over the authorized area will occur; or the activities are authorized to occur in already disturbed areas, such as within the existing footprint of roads, trails or other constructed campsites; Leave No Trace principles are followed, activities are dispersed and overall number of visitors are low; 27 48 or are in areas that have been previously surveyed to current standards (as defined in Appendix D: Inventory Strategy) and no historic properties have been documented. i.Activities that occur under the authority of a special use authorization with minimal ground disturbance, such as most commercial filming, apiary permits, or research. ii.Activities carried out under authorizations that allow use of an area for dispersed activities involving a party size of 12 or fewer people. Examples include special use authorizations for outfitter/guide hiking, picnicking, camping, or bear- viewing visitation, or permits for Christmas tree cutting or special forest products gathering. iii.Winter Activities that occur on or near historic properties where historic properties are subsurface and are protected by an adequate surface covering of snow deep enough to ensure protection of the resource, as determined by the Line Officer in consultation with the Heritage Professional, taking into consideration the types of historic properties in the area, the types of activities to occur, and temperature. Activities of this nature include snow machining, downhill or cross country skiing, or other winter related activities. iv.Activities that utilize existing roads, trails, or constructed campsites, and no increase in the footprint of existing improvements is expected. Activities of this nature include commercial hauling over existing roads. v.Activities that include tree cutting or small scale vegetation management that have minimal potential to affect historic properties. vi.Re-issuing, renewing, or transferring authorizations that do not change the terms of the authorizations \[in accordance with 36 CFR 220.6(e)(15)\], provided that monitoring continues to demonstrate that no historic properties are affected or adversely affected per previous application of a Programmatic Agreement or per an existing MOA. vii.Approval of previously approved Mining Plans of Operations that would add another user, or the sale or transfer of an approved operation to other individuals that would not change the terms of the Plan of Operations or affect historic properties. 28 49 II.Ground Disturbing Activities a.Previously Disturbed Grounds -General Guidelines Previously disturbed grounds are defined as those where natural or human disturbance has modified the landscape so extensively that the likelihood of finding a historic property is negligible in the opinion of a Heritage Professional. i.Excavation work within two feet of existing footings and foundations. ii.Ongoing routine maintenance of immediately surrounding landscaping (such as mowing and lawn repair), including such modifications as removal of non-native vegetation, adding single plants or shrubs that blend with the existing landscape, or adding rocks to define paths, where not otherwise prohibited, so long as existing landscape characteristics are maintained and the method of removal and installation does not disturb previously undisturbed ground or historic properties. iii.Tree planting or removal in areas that have been previously disturbed by these activities, including nursery beds and arboreta, provided existing landscaping is maintained. iv.Installation of utilities, such as sewer, water, or storm drains, electrical, gas, or leach lines, and septic tanks, where installation is restricted to specific areas previously disturbed by installation of utilities and the method of installation does not encroach on previously undisturbed ground or historic properties. v.Inventory, data and information collection (including collection of samples) as long as less than one square meter of cumulative ground disturbance is involved, including archaeological testing, land use and land cover, geological, mineralogical, chemical, and resource evaluation activities, cadastral surveys, or geophysical surveys. vi.Expansion of vertical quarries, excavation of previously buried utility lines, and any activities within the demonstrated vertical and horizontal limits of previous disturbance or construction. vii.Any undertaking that proposes less than one square meter of cumulative ground disturbance. This includes activities relating to special use authorizations, installation of signs, mechanical and electrical devices used for weather observations, research purposes, etc. viii.Placement or replacement of recreational, special designation, informational, or directional signs, bulletin boards, barrier posts, and portable sanitation devices 29 50 in developed sites, trailheads, roads, or resort complexes, keeping in mind the potential for indirect (e.g. visual) impacts to surrounding historic properties, including National Register historic districts and NHLs. ix.Any activities taking place in a previously approved Mining Plan of Operation that is carried out within the original APE and for which no historic properties were discovered or would be adversely affected, including any operations such as suction dredging that take place entirely within the wetted perimeter of a stream. b.Previously Undisturbed Grounds -General Guidelines Previously undisturbed grounds are defined as those where no human disturbance has significantly modified the landscape. i.Limited reburials of human remains and other cultural items subject to NAGPRA on National Forest System lands at the request of, and in consultation with the lineal descendants or culturally affiliated tribes following NAGPRA procedures and in accordance with the 2008 Farm Bill. ii.Invasive plant management activities that use hand-tools and/or otherwise use minimally invasive procedures for plant management, including application of herbicides provided that the Forest Service has determined that such actions will not affect traditional gathering areas, plants that are part of a historic landscape, or plants that might indicate the presence of cultural resources, including burials. III.Routine Maintenance a.Transportation – General Guidelines Routine maintenance related to transportation where there is little or no potential to affect historic properties, or where maintenance is limited to previously disturbed areas, and provided the road, trail, or other constructed feature(s) are not themselves historic. i.Routine maintenance is limited to road maintenance, including activities such as resurfacing, grading, and snow removal as long as activities are limited to the existing road prism which includes the road and the right of way. This includes parking lots, spurs, airstrips and heliports, as well as stockpiling of road materials and temporary speed control devices. ii.Culvert replacement is limited to replacing existing culverts in the same location, within the existing road prism as long as the culvert is the same size or smaller. Larger culverts requiring additional ground disturbance may be allowed if the 30 51 area has been surveyed to current standards as defined in Appendix D: Inventory Strategy and no historic properties were documented. iii.Recurrent brushing activities to control vegetation within existing clearing limits of roads, parking lots, airstrips, or heliports. iv.Existing bridges, trails, walks, paths, and sidewalks can be maintained if the area has been surveyed to current standards as defined in Appendix D: Inventory Strategy and no historic properties were documented. Additionally, the maintenance activities must fall within the existing prism and the structure/feature itself is not historic. b.Timber Management – General Guidelines Small scale timber management activities, not including timber harvest or any activity that has the potential to cause new ground disturbance, may be carried out under the terms of this Agreement. i.Pre-commercial tree thinning. ii.Firewood collection. iii.Removal of dead and down trees along road and trail corridors, or related to fire management activities near structures. iv.Removal of hazard trees. c.Historic Buildings and Structures – General Guidelines This section can only be used if a baseline recordation of the building or structure exists and the existing condition is documented. Four treatment options are available under the Secretary of the Interior’s Standards for the Treatment of Historic Properties: Preservation, Rehabilitation, Restoration, or Reconstruction. Only undertakings involving Preservation are allowed under this Agreement. Any undertakings involving Rehabilitation, Restoration, or Reconstruction are subject to standard Section 106 procedures. All undertakings that involve historic buildings or structures shall use the Secretary of the Interior’s Standards for the Treatment of Historic Properties as the primary guidance for treatment, and more specifically only the Standards for Preservation and 31 52 Guidelines for Preserving Historic Buildings shall be used and allowed to apply this appendix. Routine maintenance generally has little or no potential to adversely affect historic properties provided that it is carried out in such a manner that allows key character defining features of the historic property, which contribute to its eligibility to the National Register, to be retained. Additionally, replacement of entire architectural feature(s) such as a door or window, regardless of whether the replacement is in kind, does not fall under the Preservation treatment standard and is thus subject to standard Section 106 procedures. The Heritage Professional makes the determination of whether a feature is historic and/or character defining and recommends to the Line Officer whether this appendix can be applied. To use this section: Each subsection is ordered by degree of intervention: protection and repair followed by limited replacement. i.Preservation -General Guidelines Evaluate the existing condition of historic features and determine the least level of intervention needed, keeping in mind that preservation strives to retain existing materials and features while employing as little new material as possible. If the severity of deterioration requires repair or limited replacement of a portion of a distinctive feature, the new material will match the old in composition, design, color, and texture (limited replacement in kind). Only limited replacements are allowed under the Preservation standard and only when there are surviving prototypes. The following examples are routine maintenance activities that may be applied: 7.Building Exterior Features (including roofs, foundations, porches, trim, and siding) a.Protecting by retaining coatings such as paint that help protect the wood from moisture and ultraviolet light. Paint removal should be considered only where there is paint surface deterioration and as part of an overall maintenance program which involves repainting or applying other appropriate protective coatings. Damaged or deteriorated paint should be removed to the next sound layer using the gentlest method possible including hand-scraping and hand-sanding (never use open flame, sand- blasting, or water-blasting), then repainting with colors that are appropriate to the historic building. 32 53 b.Protecting and maintaining a roof by replacing deteriorated flashing. c.Repairing, stabilizing, and conserving exterior features using well-tested consolidants, when appropriate. Repairs should be physically and visually compatible and identifiable only upon close inspection. d.Repairing exterior features by patching, piecing-in, or otherwise reinforcing using recognized preservation methods. e.Replacing in kind extensively deteriorated or missing parts of exterior features is approved when there are surviving prototypes such as brackets, moldings or sections of siding or roofing, and the replacement matches the old in material, design, color, and texture. 2.Windows and Doors (including frames, sash, trim, molding, and hardware) a.Protecting and maintaining through appropriate surface treatments such as rust removal, limited paint removal, and reapplication of protective coating systems (see guidelines under the Building Exterior Features section above). b.Making weather tight by re-caulking and replacing weatherstripping. c.Repairing by patching, piecing-in, consolidating or otherwise reinforcing using recognized preservation methods. d.Replacing in kind extensively deteriorated or missing parts of windows or doors (such as frames, sash, sills, hardware, and trim) is approved when there are surviving prototypes of the deteriorated or missing parts and the replacement matches the old in material, design, color, and texture. 3.Structural Systems a.Repairing exposed or unexposed elements of the structural system by augmenting or upgrading individual parts or features using recognized preservation methods. For example, weakened structural members such as floor framing can be paired with a new member, braced, or otherwise supplemented and reinforced. b.Replacing in kind those visible portions or features of the structural system that are either extensively deteriorated or missing is approved when there are surviving prototypes and the replacement matches the old in material, design, color, and texture. 33 54 c.Using substitute materials may only be considered for unexposed structural elements, such as roof rafters or trusses. 4.Building Interior Features (including floors, ceilings, and staircases) a.Repairing or refinishing of historic floor covering or other features such as ceilings and staircases, including reapplication of protective coating systems and provided the replacement matches the old in material, design, color, and texture. b.Replacing in kind only those portions of historic flooring or interior features such as ceilings and staircases that are extensively deteriorated or missing parts and provided the replacement matches the old in material, design, color, and texture. c.Replacement of modern floor coverings, with historically compatible materials, design, and color as determined to be appropriate by the Heritage Professional. 5.Mechanical Systems (including radiators, plumbing, HVAC, and electrical). Historic plumbing fixtures, lighting fixtures, and heating features should be retained and used if possible; when not possible, the following are allowed: a.Repairing mechanical systems by augmenting or upgrading system parts, such as installing new pipes and ducts, rewiring, or adding new compressors or boilers, provided that new system parts are not visible to the public or are in keeping with the period of significance for the building or structure in which they are housed. b.Replacing in kind those visible features of mechanical systems that are extensively deteriorated such as ceiling fans, switchplates, radiators, grilles, light fixtures, or plumbing fixtures as long as they match the historic features or are in keeping with the period of significance for the building or structure in which they are housed. 6.Historic Property Site Features (including driveways, walkways, vegetation, signs, and fencing that are considered contributing elements to the historic property) a.Protecting and maintaining site and plant features through appropriate treatment methods including rust removal, limited paint removal, and reapplication of protective coating systems on fencing; and pruning and vegetation management. 34 55 b.Repairing features of the site using recognized preservation methods. The new work should match historic materials, design, workmanship, and colors so that the historic appearance remains unaltered. c.Replacing in kind extensively deteriorated or missing parts of site features where there are surviving prototypes such as fence balustrades or paving materials. The new work should match historic materials, design, workmanship, and colors so that the historic appearance remains unaltered. 7.Structures (including bridges, roads, trails, culverts, and other structures) Where existing materials clearly are not the original and are not in-character with the original, non-historic and out-of-character materials may be removed and replaced with materials that match or are more compatible with original fabric, design, color, etc. of historic structures provided a period of significance for the historic structure has been established, and the changes are in keeping with that period of significance. ii.Rendering Inoperable -General Guidelines Features within historic properties may be rendered inoperable in order that they continue to be a contributing feature to a historic property. 1.Rendering inoperable, but not removing, historic fixtures (such as gas lights, plumbing fixtures, cannons, etc.). iii.Application of Architectural Barriers Act (ABA) – General Guidelines If during the course of routine maintenance activities, elements of the ABA can be met without causing adverse effects to a historic property then this Agreement may be used. Any significant alterations resulting in a Rehabilitation, Restoration, or Reconstruction of a historic building or structure will require following standard Section 106 procedures. iv.New Materials-General Guidelines When required for modernization of utility systems (e.g. plumbing, electrical, fuel, and communications), new materials may be used; key historic features such as hand pumps and historic light fixtures, are retained; and modern elements are screened or otherwise rendered 'invisible' so as to protect the visual integrity of the building or structure. Introduction of large antenna, satellite/communication dishes and similar features are disallowed. Default 35 56 building code is the International Existing Building Code, Chapter 12 – Historic Buildings. Examples include: 1.Installation of dry insulation installed in a manner that does not damage the property’s historic fabric. 2.Replacement of metal water tanks with ones of fiberglass, when the color and texture of the existing or historic tank are replicated or when landscaping camouflages the replacement tank. Construction of a structure around a tank to control temperature is allowed when landscaping camouflages the change. 3.Replacement of lightning rod wiring with new copper wire. 4.Installation of fire or smoke detectors, burglar alarms or other security systems or security devices, such as dead bolts, door locks, window latches, and door peep holes if they are installed in a manner that does not damage any of the property’s historic fabric and are sited in an unobtrusive manner. 5.Installations that are temporary for the purposes of security or safety of the site (such as temporary doors and window covers to protect the building or structure and visitors, temporary signage, etc.) provided their installation does not damage historic materials. 6.Installation of interpretive signs or exhibit structures which are not attached to historic buildings or structures and do not visually intrude on the historic property. Signs should be constructed of materials and painted colors that harmonize with the historic property and its setting. IV.Removal -General Guidelines Removal of non-historic features within a historic property is allowed including previously determined ineligible objects and materials (such as abandoned vehicles, dumps, and fences); or removal of objects and materials demonstrably less than 50 years old providing that those objects and materials are not associated with a property that has the potential to be determined eligible for the National Register. a.Removing toxic building materials (such as radon, asbestos containing materials, and buried oil tanks) only after thorough testing has been conducted and only after less invasive abatement methods have been shown to be inadequate and when such removal will not damage the character defining features of the property. b.Lead paint abatement when it is done through limited scraping and encapsulation. 36 57 c.Removal of graffiti using historic preservation methods that will not damage the character defining features of the property. d.Activities, such as removal of logjams and debris that are carried out entirely within an active streambed, even if the streambed is directly adjacent to a historic property. V.Fire Management – General Guidelines Fire and Heritage program staff shall work collaboratively during wildland fire incidents. Procedures in approved fire management planning documents shall be followed in the event of a fire. If a fire management planning document which prescribes treatment measures for historic properties is not in place, the following shall apply to fire management during fires that have the potential to affect historic properties. In each instance the goal is to minimize impacts to historic properties from both fires and firefighting activities, and post-fire rehabilitation activities: a.Fire shelter fabric or other protective materials, including fire retardant foam and other wetting agents, or equipment may be utilized to protect historic properties. b.Vegetation, including trees that may impact historic properties, may be removed and fire lines or breaks may be constructed within the boundaries of known cultural resources or historic properties using hand tools, so long as ground disturbance is minimized, and features are avoided. c.Prescribed fire is allowed in areas that fit one or more of the following: burned within the last 40 years; without heavy fuel buildup; area of low intensity fire. APE includes burn areas, staging areas, hand lines, escape routes, and safety zones. d.Hazard fuel management including thinning operations and removal of dead and downed trees and vegetation are approved provided that management activities occur outside of cultural or historic landscapes and/or concentration(s) of culturally modified trees and equipment used will not introduce ground disturbance. VI.Mine Closures – General Guidelines Mine closures may be carried out under this Agreement as long as no actions compromise the mine’s eligibility to the National Register and actions are reversible: a.Removal of petroleum products and other hazardous substances that are in modern-age containers do not constitute an action with the potential to affect historic properties, so long as this can be accomplished without any ground disturbance or disturbance or removal of any historic artifacts or features within the historic property. b.Routine maintenance at active mines that includes replacing timber sets with rock bolts, steel bands and wire screening, and barring down loose rocks. 37 58 c.Installation of gates or grates for mine openings that provide bat habitat or where future access is required. d.Backfill with rock material or overburden. Blasting or other ‘cave in’ options are considered ground disturbing and have the potential to affect a historic property. These methods require standard Section 106 procedures. e.Installation of foam plugs, corrugated metal pipe, mortar and stone wall, or concrete caps with inlaid natural rock to reduce UV degradation and for visual affect. f.Installation of corrugated metal pipe with a front stabilization at the portal provided that any shoring and the removal of hazardous rock/material from above the portal do not constitute an action with the potential to adversely affect historic properties. 38 59 APPENDIX C: Forms and Templates This appendix contains standard forms and templates to be used under the terms of this Agreement. Forest Service Cultural Resource Record: 39 60 Cultural Resource Record SITE NAME Unit:Smithsonian Number: Managing Unit: FS Number: State: Other Numbers: County: Initial Record Supplemental Record/Update Date of this record: I.GENERAL SITE INFORMATION Resource Type: TCP: SiteType (all that apply): Prehistoric Historic Unknown Management Use: SiteDescription Narrative: Structure(s) Present: Yes SiteDimensions: Length: / Bearing: Width: / Bearing: Meas. Method (Length): Meas.Method (Width): SiteArea: Depth of Site: SiteCondition: Condition Narrative: Surface Visibility: Vandalism Present: Yes No Vandalism Narrative: Disturbances: Threats: Protection: Treatments: Mgmt. Recommendations: FOROFFICIAL USEONLY: Forest Service Cultural Resource information isconfidential and cannot bereproduced physically or digitally without written permission from the Unit's Forest Service Heritage Program Manager. 61 Page 1of 4 Management Narrative: II.LOCATION INFORMATION Type of Ownership: USGS Quadrangle(s): Legal Description: PMTownship Range Section Quarter Sections Coordinates: Zone/Datum Easting Northing Longitude Latitude Elevation: Directions to Site: Address: III.LEGAL STATUS INFORMATION National Register Status: ListedEligibleNot EligibleUnevaluated District Association: This site Contributes Does Not Contribute To: Status Organization: National Register Status Date: Criteria: National Register Eligibility Status Narrative: Significance Period: Theme: Other Designations: IV.COMPONENT INFORMATION Site Component Type: Prehistoric Historic Unknown Component Function/Activity: FOR OFFICIAL USE ONLY: Forest Service Cultural Resource information isconfidential and cannot bereproduced physically or digitally without written permission from the Unit's Forest Service Heritage Program Manager. 62 Page 2of 4 Cultural Affiliation: Cultural Affiliation Narrative: Cultural Affiliation: Period: Date Range: Period: Dating Method: Feature Summary Narrative: Feature Description: Artifact Summary Narrative: Artifact Description: Rock Art/Art Panel Description: V.OTHER FEATURES ON SITE VI.ENVIRONMENTAL INFORMATION On-Site Vegetation Narrative: Natural Community: Faunal Community: Physiographic Region: Landform Feature: Aspect: Slope: Site Position Narrative: Major Drainage: Subbasin: Basin: Nearest Water Name: Distance: Geology/Geomorphology: Soil: ; Soil Depth: VII.SITE ASSOCIATIONS Current action resulting in the documentation of this site: Project/Undertaking Name IDDate FOR OFFICIAL USE ONLY: Forest Service Cultural Resource information isconfidential and cannot bereproduced physically or digitally without written permission from the Unit's Forest Service Heritage Program Manager. 63 Page 3of 4 Previous actions associated with this site: Project/Undertaking Name IDDate People and organizations associated with this site: Relationship Contact Name Documentation linked in Infra: List of Infra Attachments: Document Type IDTitle FOR OFFICIAL USE ONLY: Forest Service Cultural Resource information isconfidential and cannot bereproduced physically or digitally without written permission from the Unit's Forest Service Heritage Program Manager. 64 Page 4of 4 APPENDIX D: Inventory Strategy This appendix describes the procedures for meeting the requirements of 36 CFR 800.4(b) by 1) defining cultural resource probability zones; 2) describing the survey intensity appropriate to each probability zone; and 3) defining standards and guidelines for the conduct of on-the- ground inventories within the APE. Field-going personnel will meet the qualification standards described in Section I.a. Professional Qualifications. Paraprofessionals are authorized to document the presence/absence of cultural resources, monitor cultural resources, and prepare condition assessments of cultural resources if baseline documentation exists. Paraprofessionals are not authorized to evaluate cultural resources against National Register criteria or make recommendations related to cultural resource management. I.Identification a.In all cases, areas previously surveyed with techniques and/or documentation that do not meet current standards as identified in this appendix, will require additional survey and/or documentation for the current project APE under consideration. b.The Forest Service has identified “probability zones” that represent the potential for cultural resources to exist within a given area. These zones were developed based on several predictive models as part of ongoing research. The Forest Service shall use probability zones and their defining characteristics (see section e.i. below) as the basis for evaluating the probability that cultural resources may be discovered in a given area. At all times, the Forest Service will use the best available, and most current, model for the area being analyzed. c.Probability zones are defined as areas of land where the probability that a cultural resource will be discovered is either “high” or “low” based on models that take into account the physical, biological, and cultural features and history of those areas or approximately similar areas. The basic premise is that areas with suitable habitat or resources, both currently and in the past, are more likely to have a greater cultural resource density, and probability of discovery, than areas without suitable habitat or resources. Probability zones are dynamic approximations based on previous cultural resource discoveries and analyses, and are iteratively updated and applied as new data is acquired. d.Probability zones will be reviewed annually and revised as needed at the time of the annual summary of activities to reflect current predictive models as they are updated. e.The Forest Service Alaska Region recognizes high and low probability zones, with slight differences in their meaning between the Tongass National Forest and the Chugach National Forest. For both Forests, anything that is not included in the high probability zone are considered to be in the low probability zone. 45 65 i.High probability zones include National Forest System and adjacent lands with the following elements that are common to both Forests: 1.Areas identified through historic or ethnographic research or oral history. 2.Paleo-shoreline systems including elevated/fossil marine, river, and lake terrace systems. 3.Landscapes altered by catastrophic events such as earthquakes which might cause a rise or lowering of lands; or shorelines and riverbanks with immediate short term erosion due to rising sea levels, storm surges and other erosional processes. 4.Caves and rockshelters, areas of karst landforms, and/or igneous rock formations known for caves and rockshelters, if in the estimation of the Heritage Professional, in consultation with the Forest geologist as appropriate, the land has significant potential to contain cultural resources. 5.River valley, lake, and river systems providing passes or portages across larger land masses. 6.Lake and stream systems containing, or known to have contained, anadromous fish runs; including a focus on barrier falls locations in such systems. 7.Areas of known resource extraction activities including former lode and placer mining activity, fish processing, fur industry, and forest products industry. 8.Known sources of potential raw materials (obsidian sources; exceptional concentrations of cedar trees, etc.). 9.Alpine areas if historic or ethnographic research or previous surveys conducted nearby indicate cultural use, such as high elevation mountain peaks overlooking saltwater that may contain rock cairns. 10.Areas associated with cultural practices or beliefs of a living community that are rooted in a community’s history or are important in maintaining the continuing cultural identity of the community such as TCPs or cultural landscapes. 11.All lands, regardless of slope, from Mean High Water (MHW) to 100 ft above MHW are considered to be in the high probability zone. If the Heritage Professional considers that specific areas on their districts greater than 100 ft above MHW or any elevation below MHW have a high potential for cultural 46 66 resources discovery, based on best available data, those areas shall be considered to be within the high probability zone for the purposes of this Agreement. ii.Additional refinements of the model for each Forest or District are described below. 1.Tongass National Forest Current research related to isostatic rebound and eustatic sea level change provides evidence that sites may be found at elevations outside of the high probability zones across the Forest. a.Prince of Wales Island and Vicinity – Prince of Wales Island and the islands surrounding it have confirmed early Holocene sites that are located within the high probability zone as defined above and up to 120 ft above Mean Lower Low Water (MLLW) (approximately 100 ft above MHW). 2.Chugach National Forest a.Ice patches and fossil ice patches as identified through satellite photography, digital ortho-photographs, or direct observation. II.Survey Strategy a.If, in the judgement of the Heritage Professional, the probability of encountering historic properties is low, then the Heritage Professional may rely on literature reviews and other non-field related research, and shall use their best professional judgement in deciding what, if any, level of on-the-ground survey is deemed necessary. b.In conducting field surveys for undertakings on National Forest System and adjacent lands, regardless of ownership, the probability zones shall be inventoried as follows: i.High probability zones: 1.Intensive survey of all locations of direct, indirect, and cumulative impact in the undertaking's APE. Indirect effects are determined on a case-by-case basis (e.g. visual effects for a historic property in which setting is a significant characteristic). 2.Intensive survey of a sample of the high probability zone outside the undertaking's APE, but within the larger project area; location and acreage surveyed to be determined on a case-by-case basis. 47 67 ii.Low probability zone: 1.Intensive survey of a sample of the locations of direct, indirect, and cumulative impact in the APE; location and acreage surveyed to be determined on a case-by-case basis. c.The Forest Service will continue to develop, test, and improve the accuracy of cultural resource locational modeling by employing post-implementation monitoring of previously surveyed areas in both high and low probability zones. Areas to be monitored and sampling strategy will be determined on a case-by-case basis, relying on the judgement of the Heritage Professional. III.Standards and Guidelines for the Conduct of Field Surveys a.Surveys shall generally be guided by an explicit research design or scope of work. If a research design is not needed or used, the rationale shall be documented in the survey report. b.Cultural resource surveys that are performed specifically for compliance with NHPA or NEPA shall be designed and executed in such a manner as to provide reasonable assurance that all historic properties located in the APE will be discovered. A systematic, complete inspection of the areas surveyed is required (intensive survey), to ensure that Line Officers have sufficient cultural resource information to help them choose between alternatives. i.Systematic means consistent use of procedures or methods of inspection that yield demonstrably reliable and replicable results. ii.Complete means use of pedestrian survey following transects (with intervals of no greater than 20 meters) coupled with frequent sampling of the subsurface with soil probes, and shovel-excavated test pits where needed, to verify the presence of cultural materials. Natural exposures are also closely examined. iii.Sampling and collection of materials for laboratory processing may be necessary for cultural resource discovery or verification. c.All surveys and archival record searches will be documented in the Forest Service database, completing all required fields. d.Each newly discovered cultural resource will be thoroughly recorded using the Forest Service CRR with all fields completed for which data is known. e.Each Forest Service CRR will have the following attached: appropriate area of a 15- minute 1:63,360 scale US Topo map with the cultural resource location clearly indicated; appropriate area of best available aerial imagery with the cultural resource location 48 68 clearly indicated; a sketch map of the cultural resource indicating the approximate locations of major features and/or artifact concentrations; photographs of the cultural resource in its setting, and of features and artifacts; and additional detailed feature and artifact drawings as needed. 49 69 APPENDIX E: Alaska Native Tribes, Alaska Native Corporations, and Other Interested Parties Invited to Consult I.Alaska Native Tribes Angoon Community Association Central Council Tlingit & Haida Indian Tribes of Alaska Chenega Bay IRA Council Chickaloon Village Chilkat Indian Village Chilkoot Indian Association Craig Tribal Association Douglas Indian Association Hoonah Indian Association Hydaburg Cooperative Association Kenaitze Indian Tribe Ketchikan Indian Community Klawock Cooperative Association Knik Tribal Council Metlakatla Indian Community Nanwalek IRA Council Native Village of Eklutna Native Village of Eyak Native Village of Tatitlek Native Village of Tyonek Ninilchik Traditional Council 51 70 Organized Village of Kake Organized Village of Kasaan Organized Village of Saxman Petersburg Indian Association Port Graham Village Council Seldovia Village Tribe Sitka Tribe of Alaska Skagway Traditional Council Village of Salamatoff Wrangell Cooperative Association Yakutat Tlingit Tribe II.Alaska Native Corporations Cape Fox Corporation Chenega Corporation Chickaloon-Moose Creek Native Association Chugach Alaska Corporation Cook Inlet Regional Corporation Eklutna Incorporated English Bay Corporation Eyak Corporation Goldbelt, Incorporated Haida Corporation Huna Totem Corporation Kake Tribal Corporation 52 71 Kavilco Inc. Klawock Heenya Corporation Klukwan Inc. Knikatnu Incorporated Kootznoowoo Inc. Ninilchik Native Association, Inc. Port Graham Corporation Salamatof Native Association, Inc. Sealaska Corporation Seldovia Native Association Shaan-Seet Inc. Shee Atika Incorporated Tatitlek Corporation Tyonek Native Corporation Yak-Tat Kwaan, Inc. III.Other Interested Parties Municipality of Anchorage City of Angoon City of Cordova City of Craig City of Fairbanks City of Gustavus City of Homer City of Hoonah 53 72 City and Borough of Juneau Kenai Peninsula Borough Ketchikan Gateway Borough Petersburg Borough City of Seward – Seward Historic Preservation Commission City and Borough of Sitka – Sitka Historic Preservation Commission City of Soldotna City of Thorne Bay City of Valdez City of Wasilla City of Whittier City and Borough of Wrangell City and Borough of Yakutat 54 73 AMENDMENT TO PROGRAMMATIC AGREEMENT AMONG THE USDA FOREST SERVICE, ALASKA REGION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND THE ALASKA STATE HISTORIC PRESERVATION OFFICER REGARDING HERITAGE PROGRAM MANAGEMENT ON NATIONAL FORESTS IN THE STATE OF ALASKA 2017 WHEREAS, the Agreement was executed on July 2017; WHEREAS, a procedural error has been identified that does not allow the agreement to operate in a streamlined fashion; NOW, THEREFORE, in accordance with Stipulation XII.b of the Agreement, the USDA Forest Service, Alaska Region, the Advisory Council on Historic Preservation, and the Alaska State Historic Preservation Officer agree to amend the Agreement as follows: 1.Amend Stipulation I.e.vi. so it reads as follows: The undertaking falls into one of the categories included in Appendix B: Authorized Undertakings or is determined by the Heritage Professional to be a Finding of “no historic properties affected” pursuant to stipulation II.d.i. 2.Amend Stipulation I.e. to correct numbering. 3.Amend Stipulation II.d.i. so it reads as follows: A Finding of “no historic properties affected” \[36 CFR 800.4(d)(1)\] shall be applied to undertakings for which the Heritage Professional has determined there will be no effects to historic properties. The Heritage Professional shall review these undertakings following procedures under stipulation I.e. 4.Amend Stipulation II.d.ii. so it reads as follows: A Finding of “no adverse effect” \[36 CFR 800.5(d)(1)\] shall be applied to undertakings for which the Heritage Professional has determined there will be 74 75 76 From:Tanguy Libbrecht To:Jessica Stallard;Cheryl Seese Subject:HPC Sub Committee Ideas Date:Friday, June 12, 2020 11:17:56 PM External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, As discussed at the meeting Thursday night ideas as a starting point: Will you please share as appropriate with the Commision either now or at the next meeting? Thank you Chair Seese for getting this idea started! HPC COMMITTEES Grants & in Kind Donations: 1.CLG grant coordination 2.Establishing partneragreements for in kind donations/services 3.Preparation of any further grantrequests 4.Coordination with city on grant reports, new grants Marketingand Communications 1.Social media 2.Design of any public facing materials 3.Public presentations representing commissioners Volunteer recruitment& engagement 1.Recruitment of volunteers for projects 2.Recording hours for grant credit and tracking 3.Volunteer presentations 4.Working with marketing and comms. to promote volunteerstories 5.Communication to volunteers Historic Preservation planning and advocacy 1.2017 HP Plan maintenance and updates 2.Historic Overlay work 3.National Register designation assistance 4.Nominations for awards and structures for HP awards 5.Maintenanceof historic areas such as Hoben Park Kindest Regards, Tanguy Libbrecht 907.529.9709 77 From:Cheryl Seese To:Jessica Stallard Subject:Fwd: Saving America’s Treasures/HP Plan Date:Monday, June 29, 2020 12:00:32 PM External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. CLG for Jesse Lee Home Good morning Jessica, I hope that you hada great weekend! This increase in COVID-19 cases is surely scarry. I am forwarding to you Dorene Lorenz'semail regarding State support for a Grant for the Jesse Lee Home. I wanted to get this to Sue and Tanguy but Sue was already copied in. And I do not want to break Robert's Rules again so I am sending this to you and asking if you could send it to the commissioners or maybe include it in our packet. Also I think this is great informationfor the Council to have too. Should I submit it directly to Brenda or will you? Thanks. Have a terrific week. Respectfully, Chair Seese ---------- Forwarded message --------- From:Cheryl Seese <cherylseese@gmail.com> Date: Sun, Jun 14, 2020 at 9:54 AM Subject: Fwd: Saving America’s Treasures/HP Plan To: Seese, Cheryl <cseese@kpb.us> ---------- Forwarded message --------- From:Dorene Lorenz <dorenemlorenz@aol.com> Date: Wed, Jun 10, 2020 at 6:06 PM Subject: Saving America’s Treasures/HP Plan To: Cheryl Seese <cherylseese@gmail.com>, Iris Darling <irisdarling@hotmail.com>, Susan Lang <suelang@alaskan.com>, Sue <sueward@gci.net>, Michelle Cobble <cobble- art@hotmail.com>, Doug Capra <capradr@yahoo.com>, Dona Walker <donawalkerak@gmail.com>, Jeff Cobble <jcobble@hotmail.com>, Susan Lang <sue.d.lang@gmail.com> Am sitting in my Juneau Historic Resources Committee zoom meeting. Wanted to let you know the Juneau Assembly passed our HP plan for the city. Will forward you a copy of the final document when staff sends me a link. Juneau Assembly made minimal changes to what we proposed- adding and expediting because 78 they want things to happen faster than our conservative timeline. It was brought up that Savings America’s Treasures grants are due this fall. $500k matching grant, cash plus volunteer time. The Jesse Lee Home qualifies for this grant and is an attractive candidate. Scuttlebutt is that awards are very political. If someone is willing to write the grant (for the roof repair and securing building, stabilization maintenance) I am confident I can get our DC representives to push on our behalf. Dorene M. Lorenz 907.360.8815 Spam Phish/Fraud Not spam Forget previous vote 79 From:Cheryl Seese To:Jessica Stallard;Sue Subject:Historic Info on Jesse Lee Home via Links Date:Thursday, July 02, 2020 2:04:28 PM External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jessica, Dorene Lorenz sent this to me yesterday. I would like it included in our packets for next weeksmeeting. This is really great access to some of the history of the Jesse Lee Home. It would also be good to send this to all of the commissioners ~ even if this part of my request has to wait until after next weeks meeting to allow for any public request for the material too. Please keep it as is. Dorene deserves to be credited for this. "On Tue, Jun 30, 2020 at 4:21 PM Dorene M. Lorenz <dorenemlorenz@aol.com> wrote: I should also make you aware that a great number of historical documents on the building are held electronically - going back to the 1920s. You can find them at:http://www.baltoschool.net/documents.html. There is also an archive of newspaper articles on the building:http://www.baltoschool.net/all-articles.html. There are also electronic blueprints available under "other Jesse Lee Home files"http://www.baltoschool.net/documents.html. A quick read of Life at the Jesse Lee gives real flavor of the experience of the children there. It is often lost, but important to keep in mind - this is HOME to a lot of people and their descendants. Sacred ground. A safe place in a difficult and troubled world. It was NOT the BIA boarding school experience.http://www.baltoschool.net/life- at-jesse-lee-home.html Dorene M. Lorenz 907.360.8815" Thanks Jessica, Chair Seese Spam Phish/Fraud Not spam Forget previous vote 80 82 83 From:Cheryl Seese To:Jessica Stallard Subject:Fwd: Rockwell Kent Date:Monday, June 29, 2020 1:35:44 PM External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jessica, Could you please send this to all of the SHPC? Thanks. Chair Seese ---------- Forwarded message --------- From:Cheryl Seese <cherylseese@gmail.com> Date: Mon, Jun 29, 2020 at 1:22 PM Subject: Rockwell Kent To: Jessica Stallard <jstallard@cityofseward.net>, Brenda Ballou <bballou@cityofseward.net>, Valarie Kingsland <vkingsland@cityofseward.net> As you might know the Rockwell Kent evening was cancelled last night. I was informed by message at about a quarter to 4:00 yesterday. Needlessto say I was very disappointed, as were a couple of people I had invited. The reason was due to a COVID-19 concern. However, as the Seward COVID-19 count has had an incredible jump in cases it makes perfect sense. The plan is, as was in the message, to reschedule it as soon as possible. But even that thought must give way to current and future numbers of positive cases. It was also suggested that we could have an outdoor venue. This might work. But at this point we must be in a holding pattern. When I emailed Dana Paperman an invitation and asked if she could pass it along to the Senior Center members she replied that she could not, nor could she attend herself as she is an essential worker. She declined to forward it as she must guard and protect her members as much aspossible. The SHPC will have the Rockwell Kent evenings on the Agenda for the July meeting: or perhaps an emergency meeting will take place to discuss an opportunity to have a rescheduled meeting sooner than our meeting. This COVID-19 is an awful life interrupter~ but better we live board than die as a result of attending a nice evening out! 84 I look forward to everyone's thoughts for alternative places for our Rockwell Kent evenings to take place. Most Respectfully, Chair Seese (Cheryl) Spam Phish/Fraud Not spam Forget previous vote 85 Ώ IźƭƷƚƩźĭ \[źƌğĭƭ We previously discussed planting historic lilac trees or sprouts at Hoben Park since they historically occurred there. Since it appears the historic lilacs, we previously discussed near the airport may not be an option due to potential land ownership issues, I pursued looking for other options. I researched potential locations of historic lilacs in town. I found in some of the Historic Preservation notes from Carol Griswald regarding the Seward Heritage Tree Program, submitted November 1, 2005 that there were three places historic lilacs were noted in town: 320 Third Resurrect Art Coffee House: Lilac 12' tall 437 Third, the Ballaine House: Lilac, Sitka Roses Third and Jefferson Train Car: pink flowering crab apple and lilac from 219 I checked all three sites and noted they are there and the one at Ballaine House and Resurrection Coffee House have a multitude of sprouts. Sue Ward also has a bush that came from the stump of a historic lilac from her neighborhood she is willing to donate after checking with the person she received it from. She volunteered to check on the ownership of the Ballaine House and their willingness to donate some sprouts. I can check with the owners of Resurrect Art to see if they would be willing to donate some also. In addition, while doing research on Hoben Park I found out in the nomination materials for the National Historic Register that there also used to be roses there. If so, maybe we could get some rose bush sprouts from the Ballaine house as well as they also appear to be historic. IƚĬĻƓ tğƩƉ CĻƓĭźƓŭ {ǒƒƒğƩǤ I reviewed all the history, HPC minutes and HPC agenda packets I could find regarding Hoben Park from 1994-2011. The fencing was removed when Railway Avenue was raised and moved, and Hoben Park was subsequently reduced in size. The new retaining wall inside Hoben Park on the north side was dramatically reduced in size. Hoben Park was placed on the National Register of Historic Places in 2006. The City Council approved Resolution 2005-95) authorizing an application for a Historic Preservation fund grant for FY06 for $33, 000 to continue the historic restoration of Hoben Park. They were awarded the grant. See Grant Agreement for Grant Project Number: 06472 in HPPacket07192006 page 13, attached. There was discussion about how to make the fence safe after installing it since the new retaining was shorter than the original had been. Some ideas were approved and later rescinded to build a taller wall. In December 2006 Gary H. Gillette, Architect, contracted with the City of Seward to develop concepts for rehabilitation and replication of the fence and fountain elements of Hoben Park that would also address safety issues. HPPacket03212007, pg. 3. show , see attachments. 86 In the 8-1-2007 HPCMInutes, see attached, Karin Sturdy stated that the City of Seward Parks and Recreation Department had appropriately bid three fence projects and that five requests for the proposal packets had been mailed to constructions companies. She explained that City staff were surprised that no bidders applied and sighted the looming grant deadline as the main reason for the lack of bidding. She continued that grant extensions were not allowed on the grant and that she was trying to negotiate with a private business or agency in an attempt to contract any of the three projects that could be completed by September 30, 2007. It seemed no contractors were ever found to do the work before the deadline, and the fence project was never dealt with again after that. I have more detailed notes and references if anyone needs them. I recommend the council consider reviewing the old CLG grant materials and Gillettes recommendations (attached) and consider applying for a new grant to get the fence installed. Most of the work was done in the past and could potentially be re-used. We could also consider adding bird houses and benches to the grant to finish the objectives set back in 2006. IƚĬĻƓ tğƩƉ IźƭƷƚƩǤ The following history was listed in the nomination materials for the National Register of Historic PlacesNote that in addition to lilacs being historically present, there were also rose bushes. There were also benched and bird houses which could be considered for future restoration efforts. Hoben Park is a small tract of land in downtown Seward owned by the city. Resurrection Bay and a sidewalk are to the south. The Alaska SeaLife Center is to the west, Railway Avenue is to the north, and the old Alaska Railroad depot (listed in the National Register, July 16, 1987) is to the east. The south side of the park is 240 feet long, the north side is 218 feet long, the east side is 45 feet long, and the west side is 50 feet long. The park, created in 1923, had a decorative wrought iron and concrete fence on the north and west sides, with a concrete pedestal at each corner. The northeast corner had a tall, tapered concrete column. This column had a hanging lamp at the top and a ball- shaped finial. The north wall had a gated opening with a step leading down to the park. The east side of the park had a wire fence with a wood trellis and the south side had a wire fence along with a hedge and lilac bushes. A circular pool originally had a bowl-shaped fountain, which was replaced with a pedestal fountain in the early 1930s. Large concrete flower planters, benches, and several birdhouses were in the park. It had rose bushes and a well- manicured lawn. A poplar tree, original to the park, has matured and is near the middle of the park' s south boundary. Today the west side has the original concrete wall and pedestals. The iron fence has been removed. A poured concrete wall similar to the original has replaced the north wall. The current north wall is six feet south of the original. The concrete column at the northeast corner has been removed. In place of the gated opening and step is an opening flanked by pedestals. The wire fences have been removed. The old railroad depot is to the east where it has stood since 1928. There is a sidewalk on the south side of the park. The park has several trees and bushes. The city of Seward has started restoring the park to its historic appearance. Three fluted lampposts have been installed along the north wall on top of the concrete pedestals. The ground has been leveled and the poplar tree has been manicured. Plans include installing a replica fountain. Significance 87 Hoben Park is important for its association with the City of Seward' s promotion of itself as the " Gateway to Alaska" to attract visitors to the town. The City of Seward completed the park in time for President Warren G. Harding' s visit on July 13, 1923. Harding was the first U. S. President to visit Alaska. He came to drive in the golden spike signaling completion of the 470-mile government- built Alaska Railroad that connected the year-round ice-free port at Seward and the interior hub- city of Fairbanks. Seward residents expected the railroad to bring more visitors to their town. The park was located by the main dock and near the railroad depot to be enjoyed by travelers arriving by train or by sea. The period of significance starts with the park' s creation in 1923 and ends when Harry V. Hoben, for whom the park is now named, died in 1948 and regular maintenance of the park ceased for a period of years. Historic background In 1923 the Seward City Council discussed downtown beautification projects. They were considering two parcels of government owned land near the dock to make an ornamental park area so visitors would find a pleasant scene when arriving by ship or train" (Seward Gateway, 1923, 16). Businessmen Harry V. Hoben and Ai Davis, who owned Alaska Transfer Company, leased the land to the east of the city' s main dock. The land was leveled, lawn and trees planted, and a fountain installed in April 1923. The park, initially called Arcade Park, was completed in time for President Warren G. Harding' s arrival in Seward on July 13, 1923. Harding was the first U. S. President to visit Alaska. While in Seward, Harding walked around town and chatted with residents. The park is named for Harry V. Hoben (1873- 1948), a prominent Seward resident. Hoben was mayor of Seward from 1918- 1919. He ran the Seward Water System from 1915- 1947 and owned the Seward Gateway, the local newspaper and printing press from 1917 until 1941 when fire destroyed his Arcade Building. He had other business interests including the Alaska Transfer Company. Hoben lived and had his offices in the Arcade Building, located directly across the street from the park. Hoben was a member of the Chamber of Commerce, a Mason, an advocate for public safety, a landowner and philanthropist. He was an avid outdoorsman and sportsman, managing the champion Seward baseball team beginning in 1915. He became president of the Seward Baseball Association in 1924. Hoben oversaw maintenance of the park from 1923 until his death in 1948. He had his maintenance men from the Arcade Building keep up the park. Over the years, Hoben Park has been known by several names. It was called Arcade Park from 1923 to 1924. When it was known as Nile Park, perhaps due to Hoben' s involvement with the Masons whose meeting place was Nile Temple at Sixth and Adams Streets, it "presented a pastoral appearance, with the grass mowed and lambs gamboling about the lawn" from 1925 to 1927 ( Barry, vol. 2, p. 5). During this time, the concrete walls and iron fence were installed. From 1928 into the 1950s it was known as Hoben Park. In the late 1950s, the park became known as Ladies Park, which might have originated with the Ladies Aid Society of the Methodist Church or might have been inspired by the Ladies Outing Club. In 1995, the Seward City Council officially named the site Hoben Park. After Hoben' s death in 1948, the park changed. At various times it had a basketball court, a dogsled monument, and an Iditarod Trail sled dog race monument. These have been removed. Community residents are interested in restoring the park to its historic appearance and preserving the community' s history as developments around the park have increased tourism in the last decade. The City of Seward has started rehabilitation work. 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126