Home Historic Preservation Programs & Officers Federal National Park Service Model: Amendment to the 1995 PA

WHEREAS, the National Park Service (NPS), the Advisory Council on Historic Preservation (ACHP) and the National Conference of State Historic Preservation Officers (NCSHPO) executed a Nationwide Programmatic Agreement (PA) effective October 1, 1995, pursuant to Section 800.13 of the regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) for planning, operating, managing and administering the National Park System; and

WHEREAS, Stipulation IV of the 1995 Nationwide PA provides for specific activities (Programmatic Exclusions) to be excluded from review beyond the Park level, provided those activities meet certain requirements and tests outlined in Stipulation IV.A. of the 1995 Nationwide PA and restated in Stipulation 1, below; and

WHEREAS, Stipulation IV.C. of the 1995 Nationwide PA provides for Park superintendents and State Historic Preservation Officers (SHPOs) to "develop additions to Stipulation IV. B that identify other types of undertakings that they mutually agree will be excluded from further review" beyond the park level;

NOW, THEREFORE, the [     ] Park, the [     ] SHPO, and ACHP agree that upon acceptance by ACHP and the Director of the NPS, additional activities at the Park as stipulated below should be added to the list of Programmatic Exclusions pursuant to Stipulation IV of the Nationwide PA.

NPS will ensure that the following measures are carried out:

1. The following undertakings will be reviewed for Section 106 purposes within the Park, without further review by the [     ] SHPO and ACHP, provided:
   
   
   • that these undertakings are based upon information adequate to identify and evaluate affected cultural resources;
     
     

   • that the NPS finds that their effects on cultural resources listed on or eligible for listing on the National Register of Historic Places will not be adverse based on criteria in 36 CFR Part 800.9; and
     
     

   • that decisions regarding these undertakings are made and carried out in conformity with applicable policies, guidelines, and standards as identified in Stipulation I of the 1995 Nationwide PA, and are documented by NPS using the form for "Assessment of Actions Having an Effect on Cultural Resources" or another appropriate format pursuant to Stipulation VII of the Nationwide PA.
   
   
   

   A. [     ]

   B. [     ]

   C. [     ]

   D. [     ]
   
   
   
   

2. Monitoring
   
   

   In accordance with Stipulation VII of the 1995 Nationwide PA, ACHP and the [     ] SHPO may monitor activities carried out pursuant to this Agreement, and ACHP will review such activities if so requested. The NPS will cooperate with ACHP and the[     ] SHPO in carrying out their monitoring and review responsibilities.
   
   
   
   

3. Renewal
   
   

   This Amendment to the 1995 Nationwide PA will continue in force for the duration of the 1995 Nationwide PA. Any party to this Amendment may request that it be amended, whereupon the parties will consult in accordance with 36 CFR Section 800.13 to consider such amendment.
   
   

   Execution of this Amendment to the Nationwide PA and carrying out its terms evidences that the NPS has afforded ACHP an opportunity to comment on these undertakings and their effects on historic properties, and that the NPS has taken into account the effects of the Programmatic Exclusions on historic properties.
   
   
   
   

   [     ] STATE HISTORIC PRESERVATION OFFICER
   
   

   By:_______________________________________________ Date:___________

   [     ] State Historic Preservation Officer
   
   
   
   

   [     ] PARK
   
   

   By:_______________________________________________ Date:___________

   Superintendent
   
   
   
   

   Accepted by:
   
   

   Advisory Council on Historic Preservation
   
   

   By:_______________________________________________ Date:___________

   Executive Director
   
   
   
   

   NATIONAL PARK SERVICE
   
   

   By:_______________________________________________ Date:___________

   Director

Updated April 26, 2002

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