U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
January 30, 2012
In Reply Refer To:
8100 (240) P
EMS TRANSMISSION 02/13/2012
Instruction Memorandum No. 2012-061
To: All State Directors and WO Offices
Subject: Revised Programmatic Agreement Regarding the Manner in which the Bureau of Land Management will meet its Responsibilities under the National Historic Preservation Act DD: August 9, 2012 and February 9, 2013
Program Area: Cultural Resources Management and Tribal Consultation
Purpose: Inform the State Offices that on February 9, 2012, the Bureau of Land Management (BLM) executed a revision to the National Programmatic Agreement (PA) which it maintains with the Advisory Council on Historic Preservation (ACHP) and the National Conference of State Historic Preservation Officers (NCSHPO) regarding the manner in which the BLM will meet its responsibilities under the National Historic Preservation Act (NHPA). This Instruction Memorandum (IM) explains the key differences between the 1997 PA and the revised agreement (attached). It summarizes the actions that the BLM Washington Office (WO), and state and field offices, must take to fulfill the commitments in the revised PA. It also institutes a six-month and twelve-month reporting requirement on those actions.
Policy/Action: The 2012 PA is effective immediately and requires the BLM to initiate revision of the 8100 Manual Sections to incorporate the definition of “adverse effect” and “consulting parties” from the 2004 version of the 36 CFR Part 800 regulations and to provide basic information on the BLM external Website.
The PA also requires the BLM State Offices to take action to review and update as needed their BLM-State Historic Preservation Officer (SHPO) protocols and to enhance tribal relationships, as listed below:
State Offices must prepare a report six months from the date of this IM explaining their state’s progress in meeting the commitments listed above, and another report within twelve months from the date on this IM on their completion of these commitments. The State offices must also copy the BLM WO on the result of the review of the BLM-SHPO protocol implementing this agreement and inform the WO when a needed revision is complete.
Timeframe: State offices are required to report on their progress in completing the actions listed in the previous section. The initial report is due six months from the date of this IM; the final report is due twelve months from the date of this IM. Reports may be submitted electronically to Robin Hawks, Ph.D., firstname.lastname@example.org.
Budget Impact: There will be a short term budget impact as a result of this IM, but there will be long term savings resulting from maintaining the efficiencies of state-specific protocols under the BLM alternative process.
Background: The 1997 PA was in place for fifteen years. During that time, the 36 CFR part 800 regulations that implement Section 106 of the NHPA were rewritten, most significantly in 2004. The signatories, the BLM, ACHP, and NCSHPO, believed the PA needed to be updated to align more closely with the regulations; particularly with respect to the role of tribes and consulting parties in the Section 106 process. Following an extensive process of outreach and consultation with tribes and other stakeholders beginning in August 2008 the BLM, ACHP, and NCSHPO published a draft revision strategy in December 2009 a draft in September 2010 and a final draft in December 2011. The final draft was developed collaboratively by the BLM, ACHP and NCSHPO.
The revised PA includes the following key changes to the BLM’s NHPA Section 106 process when operating under the PA implemented through a BLM-State protocol:
Manual/Handbook Sections Affected: The IM will not itself impact any Manual Sections; however, the execution of the revised PA will require some revision of the 8100 Manual Sections and the H-8120-1 Handbook.
Coordination: This IM was developed by WO-240 in coordination with the Bureau of Land Management Preservation Board.
Contact: If you or your staffs have any questions, please call Robin Hawks, Ph.D., Preservation Officer, email@example.com or (202) 912-7241
Signed by: Authenticated by:
Robert V. Abbey Robert M. Williams
Director Division of IRM Governance,WO-560