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Selected Section 106 Cases, 1986-1996: West-Pacific

Arizona, California, Hawaii, Nevada, Utah

Glen Canyon Dam Water Release Program, Arizona, Bureau of Reclamation (BoR)—National Park Service (NPS), 1994. The Secretary of the Interior ordered an environmental study of the effects of water releases from the Glen Canyon Dam into the Grand Canyon to determine the most appropriate operating criteria for the water release program. This triggered Section 106 review which developed into a Programmatic Agreement among 14 Indian tribes, BoR, NPS, the Arizona SHPO, and the Council. As a product of this agreement, BoR and NPS established a cooperative program with Native Americans to integrate BoR's water release impacts on historic properties downstream with NPS long-term planning and resource management responsibilities. More than 330 historic properties of importance to some or all of the 14 tribes are now the subject of careful management and protection. The integration of the two agencies' complementary and overlapping responsibilities was encouraged and facilitated by the Council and the Section 106 review process.

Andreas Cove Country Club development, Palm Springs, California, Bureau of Indian Affairs (BIA), 1990. This Section 106 case is one of the first to demonstrate exemplary interaction between the developer, Andreas Cove Development Company, Inc., and Native Americans, in this case the Agua Caliente Band of the Cahuilla Indians. With the Council's urging and assistance, the developer and the band reached an unprecedented agreement that involved the band in preparing a project management plan, assuming ownership and curation of all artifacts, conducting onsite inspections, and monitoring construction.

Hotel Oakland earthquake damage repair, Oakland, California, Department of Housing and Urban Development (HUD), 1990. HUD proposed to provide mortgage insurance and continue rental subsidies to the owner of this important Beaux-Arts-style landmark, which suffered extensive damage from the Loma Prieta Earthquake. The former luxury hotel, now in private hands, has served as low- income elderly housing since 1979. Loan proceeds secured by the mortgage would be used to make the building habitable once again; however, the owners also saw this as an opportunity to convert significant public spaces into additional housing units, changing their historic use and appearance. Consultation under Section 106 led to the owners granting a conservation easement over these spaces and the building's exterior for the duration of the mortgage insurance and rental subsidies.

L.A. Coliseum earthquake damage repair, Los Angeles, California, Federal Emergency Management Agency (FEMA), 1994. The Los Angeles Memorial Coliseum Commission received funds from FEMA to assist in the repairs to the coliseum, a National Historic Landmark, after it was extensively damaged in the Northridge Earthquake of 1994. The coliseum commission was very anxious to initiate and complete repairs to the earthquake damage that would be necessary prior to the 1994 football season: strengthening and repairing the caissons which support the upper deck sections; relandscaping the earthen berm following work on the caissons; levelling displaced deck sections; cosmetically repairing damaged materials; and reconfiguring concession stands and restrooms. During negotiations on an agreement to cover these activities, the California SHPO, the Los Angeles Conservancy, the California Office of Emergency Services, and FEMA attended weekly meetings hosted by the coliseum commission to update the parties on the project status and upcoming proposals. Council staff reviewed weekly meeting minutes, provided technical advice, and worked closely with FEMA to ensure consistent review of work.

Hurricane Iniki disaster assistance, Kaui, Hawaii, Federal Emergency Management Agency (FEMA), 1993. Hurricane Iniki's extensive damage to historic properties on Kauai led the Council, FEMA, the Hawaii SHPO, and the Historic Hawaii Foundation to develop a Programmatic Agreement to expedite repairs. The PA streamlined the Section 106 review process by not requiring FEMA or its grantees to determine if a property were eligible for the National Register if it were less than 50 years old or if work were limited to specified project activities. Projects not exempted from Section 106 review under the PA and found by FEMA and the Hawaii SHPO to not adversely effect historic properties were not reviewed by the Council.

Gold mine development, Nevada, Bureau of Land Management (BLM), 1992-1995. Since 1992, the Council has entered into a series of agreements with the Nevada State Office of BLM for gold mine expansion projects in which BLM is responsible for approving amendments to mining plans of operation. To streamline consultation, make protective measures more cost-effective, and ensure that significant historic and cultural properties are given due consideration in planning mine development and expansion, these agreements stress cooperation between the mining companies and BLM on phasing identification, evaluation, and treatment of historic properties that might be affected as different areas of the mine are developed. They also provide for early consideration of the views of the interested public, including local Native American input. The agreements streamline preparation and review of treatment plans, usually archeological data recovery work, by enabling consolidation of research issues into a single document for all affected sites rather than developing research designs on a site-by-site basis, then carrying out the data recovery requirements of the research design following a phased approach tailored to mine development, and an attempt to ensure earmarking of sufficient funds to cover necessary costs for completing mitigation work. The Council's major role is limited to resolving disputes that arise on these and related issues.

Stillwater Wildlife Management Area management, Fallon, Nevada, U.S. Fish and Wildlife Service-Bureau of Reclamation (BoR), 1988. The Council was instrumental in negotiating a 1988 agreement with the U.S. Fish and Wildlife Service and BoR to address the effects of fluctuating water levels and BoR's irrigation diversion operations on exposed and eroding archeological sites at the Stillwater Wildlife Management Area. Consultation involved representatives of the Paiute-Shoshone Tribes, and the subsequent agreement addressed their concerns about the effects of the water levels on prehistoric human burials on and around Stillwater Marsh. These continuing problems were resolved amicably and effectively, and two popular publications were produced on Stillwater Marsh's cultural history and archeological legacy.

Rainbow Bridge National Monument management, Page, Utah, National Park Service (NPS), 1995. The world's largest natural stone arch and a National Monument, Rainbow Bridge, a popular recreation spot, holds tremendous cultural and religious significance for local Native American groups who continue to use the site for traditional ceremonies. NPS has recently prepared a General Management Plan to address problems of increasing tourist visitation, primarily by boaters on Lake Powell, and the monument's consequent environmental degradation. The Council proposed that Native American concerns with overall monument management, together with their desire for privacy, be addressed through a Programmatic Agreement. The agreement sets a procedent in establishing a Native American consultation committee (made up of interested chapters of the Navajo Nation and Paiute Tribes) to meet regularly with NPS staff to ensure that the management plan is implemented in a manner sensitive to the needs of the Native American community. Consultation with the Native American committee and the Utah SHPO replaces the standard Section 106 review process for implementation of the General Management Plan.

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