THPO Application Components

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Tribal Historic Preservation
National Park Service / Heritage Preservation
Services TRIBAL PARTNERSHIP Preserving Americas
Cultural Resources
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Tribal Historic Preservation Officer

• Statutory Authority
• National Historic Preservation Act (NHPA) 1966,
  as amended in 1992, Section 101(d)
• The Secretary shall establish a program and
  promulgate regulations to assist Indian tribes in
  preserving their particular historic
  propertiesand to encourage coordination among
  Indian tribes, State Historic Preservation
  Officers, and Federal agencies in historic
  preservation planning and in the identification,
  evaluation, protection, and interpretation of
  historic properties.

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THPO Functions

• NHPA Section 101(d)(2)
• A tribe may assume all or any part of the
  functions of a State Historic Preservation
  Officer in accordance with subsections (b)(2) and
  (b)(3) of this section, with respect to tribal
  lands, as such responsibilities may be modified
  for tribal programs through regulations issued by
  the Secretary

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NHPA Section 101(b)(3)

• (3) It shall be the responsibility of the State
  Historic Preservation Officer to administer the
  State Historic Preservation Program and to
• (A) in cooperation with Federal and State
  agencies, local governments, and private
  organizations and individuals, direct and conduct
  a comprehensive statewide survey of historic
  properties and maintain inventories of such
  properties
• (B) identify and nominate eligible properties to
  the National Register and otherwise administer
  applications for listing historic properties on
  the National Register
•  

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NHPA Section 101(b)(3)

• (C) prepare and implement a comprehensive
  statewide historic preservation plan
• (D) administer the State program of Federal
  assistance for historic preservation within the
  State
• (E) advise and assist, as appropriate, Federal
  and State agencies and local governments in
  carrying out their historic preservation
  responsibilities

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NHPA Section 101(b)(3)

• (F) cooperate with the Secretary, the Advisory
  Council on Historic Preservation, and other
  Federal and State agencies, local governments,
  and organizations and individuals to ensure that
  historic properties are taken into consideration
  at all levels of planning and development
• (G) provide public information, education, and
  training, and technical assistance in historic
  preservation
• (H) cooperate with local governments in the
  development of local historic preservation
  programs and assist local governments in becoming
  certified pursuant to subsection (c) of this
  section

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NHPA Section 101(b)(3)

• (I) consult with the appropriate Federal agencies
  in accordance with this Act on
• (i) Federal undertakings that may affect historic
  properties and
• (ii) the content and sufficiency of any plans
  developed to protect, manage, or to reduce or
  mitigate harm to such properties and
• (J) advise and assist in the evaluation of
  proposals for rehabilitation projects that may
  qualify for Federal assistance.

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THPO Process

• Application Content
• Resolution by tribal governing authority to
  assume duties.
• Appoint a THPO identify who will run the
  program.
• Submit a Historic Preservation Program plan.

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THPO Program Plan

• A. Program administration
• 1. A description of the staffing and/or
  consulting arrangements that have been made or
  will be made to provide your THPO with access to
  individuals who meet the Secretary of the
  Interiors professional qualifications standards,
• 2. A description of how you have established or
  will establish an advisory review board to
  provide advice to your THPO,
• 3. A description of how you will provide for
  appropriate participation in your program by the
  Tribes traditional cultural authorities, by
  representatives of other Tribes whose traditional
  lands are now within your Tribes jurisdiction,
  and by the interested public,
• 4. An acknowledgment that any non-tribal
  property owners within your tribal lands may
  request the participation of the SHPO in addition
  to the THPO in decisions pursuant to the Act that
  affect that property.

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THPO Program Plan

• SHPO functions
• List the SHPO functions that your Tribe proposes
  to assume, and a list of the SHPO functions, if
  any, that will remain the responsibility of the
  State.
• Describe the Tribes current historic
  preservation program or activities as they relate
  to the SHPO functions that you propose to assume.
• 3. Describe of how the Tribe will carry out each
  of the functions that it is proposing to assume.

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THPO Plan

• THPO Review Board
• How it is appointed, (by THPO, resolution, by
  Executive, etc).
• Provide a document of authority.
• Evidence interest and experience in HP.
• Articulate duties of the review committee.

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THPO Plan

• Public Participation
• Traditional tribal cultural authorities.
• Other Tribal Representatives.
• The interested public.
• Annual public comments on program goals and THPO
  activities.
• Affirmation SHPO will be exercise
  responsibilities on non-trust or non-tribal
  member owned lands by owners request. 101
  (d)(2)(D)(iii)

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THPO Plan

• National Register Nominations
• Tribal process for National Register Nomination
  must conform to NRHP process, 36CFR60.
• Review board access to qualified personnel.
• Describe alternate process if 36CFR60 is
  incompatible to tribal value.
• Must review nominations by professional,
  qualified review board, or other independent
  review entity.
• Opportunity for public comment before submission
  to National Register.

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THPO Plan

• Historic Preservation Rehabilitation Projects
• Information on tribal process for review of
  rehabilitation proposals qualifying for Federal
  tax credits or assistance.
• Review must be consistent with 36CFR67.
• If incompatible, tribal alternative process still
  must provide professional review and timely
  submission.

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THPO Plan

• Section 106
• Description of how duties will be carried out.
• Which duties are related to current activities?
• How will tribe conform to ACHP consultation
  regulations, 36 CFR 800?
• Does tribe have alternate procedures for
  consulting with federal agencies?
• Provide a description of alternate procedures.

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THPO Plan

• Waivers
• If NHPA standards are incompatible, request to
  modify them to tribal cultural traditions.
• Explain the inconsistency between tribal values
  or cultural setting and HP goals and objectives.
• Propose a remedy or alternate procedure.
• This paragraph is not a waiver or modification of
  the duties and responsibilities of the secretary.

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Optional Plan Requirements

• Waiver for NHPA requirements conflict with tribal
  values/cultural setting of goals and objectives.
• Additional info indicating ability to carry out
  functions assuming.

THPO Plan Review Providing a tribe satisfies
conditions set forth in 101(d)(2), and after a
review by the SHPO, the ACHP, and other tribes
that may be affected, and NPS approves the plan,
an MOA is executed.
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THPO TRIBES

• Absentee-Shawnee (OK) Agua Caliente (CA)
• Bad River Band of Chippewa Big Pine Paiute (CA)
• Bishop Paiute (CA) Blackfeet (MT)
• Blue Lake Rancheria (CA) Caddo (OK)
• Catawba (SC) Cheyenne River (SD)
• Chippewa Cree (MT) Choctaw (OK)
• Colville (WA) Eastern Cherokee (NC)
• Ho-Chunk Nation (WI) Hualapai (AZ)
• Keweenaw Bay (MI) Lac
  Courte Oreilles (WI)
• Lac du Flambeau (WI) Lac Vieux Desert Chippewa
  (MI)
• Leech Lake Chippewa (MN) Lummi (WA)
• Makah Tribe (WA) Menominee (WI)
• Mescalero Apache (NM) Mille Lacs Ojibwe (MN)
• Narragansett (RI) Navajo (AZ)
• Nez Perce (ID) Northern Cheyenne (MT)

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THPO TRIBES

• Oneida of Wisconsin (WI) Passamaquoddy (ME)
• Penobscot (ME) Poarch Band of Creeks (AL)
• Red Cliff Chippewa (WI) Rosebud Sioux (SD)
• Salish/Kootenai Seneca (NY)
• Sisseton-Wahpeton Oyate (SD) Skokomish (WA)
• Skull Valley Goshute (UT) Smith River Rancheria
  (CA)
• Spokane (WA) Squaxin Island (WA)
• Standing Rock Sioux (ND) Stewarts Point
  Rancheria (CA)
• Stockbridge-Munsee )WI) Table Bluff Wiyot Tribe
  (CA)
• Timbisha Shoshone (CA) Tunica-Biloxi (LA)
• Turtle Mountain (ND) Umatilla (OR)
• Wampanoag (MA) Warm Springs (OR)
• White Earth Chippewa (MN) White Mountain Apache
  (AZ
• Yurok (CA) Zuni (NM)

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Interested Tribes

• Confederated Tribes of the Yakama Nation
• Agua Caliente Band of Cahuilla Indians
• Washoe Tribe of Nevada and California
• Ft. Mohave Indian Tribe
• Saginaw Chippewa Indian Tribe
• Little River Ottowa
• Chickasaw Nation of Oklahoma
• Cherokee Nation of Oklahoma
• Pokegan Band of Potawatomi Indians
• Stockbridge Munsee
• Keneenaw Bay Indian Community
• Southern Ute Indian Tribe
• Oglala Sioux

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THPO Program Growth History

• FY 1996 12 (First year funding) Growth rate
  / yr.
• FY 1997 15 3
• FY 1998 17 2
• FY 1999 19 2
• FY 2000 22 first 4 yrs 3 10/4
  2.5/yr
• FY 2001 27 5
• FY 2002 31 4
• FY 2003 37 6
• FY 2004 46 second 4 yrs 9 46/8
  5.75/yr
• FY 2005 52 6
• FY 2006 58 6 58/10 5.8/yr

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Benefits

• Tribal Sovereignty
• Assume control of lands from State.
• THPO is Tribal Lands Manager re ARPA, NHPA,
  NEPA, AIRFA.
• Special Status as a Federal Partner in Historic
  Preservation.
• Control Tribal Cultural Resources Archaeology,
  Historic Properties, Cultural Interpretation,
  consultation.
• Enhance funding
• Acquire direct, non-competitive HPF grant.
• Enhance pursuit of competitive grants.

• Federal Agencies
• Enhanced ability to execute government to
  government tribal consultation obligation.
• Tribal officer with delegated authority.
• Tribal officer to assist in the resolution of
  Cultural Resources issues.

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Tribal Historic Preservation Officer Grants
Products Summary
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THPO Funding History
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Web sites for more information

• www.cr.nps.gov/hps/tribal
• www.achp.gov
• www.nathpo.org
• www.gpoaccess.gov
• www4.law.cornell.edu/uscode

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James E. Bird, Chief Tribal Historic
Preservation ProgramHeritage Preservation
Services

• National Park Service
• 1849 C Street (2255)
• Washington, DC 20240
• Phone [phone] / Fax [phone]
• james_bird_at_nps.gov