M.2 HISTORIC PRESERVATION REGULATIONS

The Army’s management of historic properties is pursuant to the duties and responsibilities established by Congress under the National Historic Preservation Act (NHPA) of 1966 and its subsequent amendments.  This act committed Federal agencies to a program of identification and protection of historic properties on the land they own.  The NHPA established the Advisory Council on Historic Preservation (ACHP) to “advise the President and the Congress on matters relating to historic preservation; [and to] recommend measures to coordinate activities of Federal, State, and local agencies.” (16 U.S.C. 470j)

Created by the National Register of Historic Places (NHPA), its official listing of the nation's historic and cultural resources include "districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture." (16 U.S.C.470a)  The NHPA encourages the identification and evaluation of publicly and privately owned properties to determine eligibility for listing on the National Register, and promotes preservation management plans as well as compatible use of eligible properties.

In order to comply with the intent of the law, the NHPA has established procedural steps that Federal agencies must follow.  Section 106 of the NHPA requires that: “the head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, buildings, structure, or object that is included in or eligible for inclusion in the National Register.  The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.” (16 U.S.C. 470f) 

Pursuant to its authority in overseeing the nation’s historic preservation programs, the Department of the Interior has developed regulations which provide a set of acceptable standards for work on properties listed in or eligible for listing in the National Register.  The Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation act as a guide to the Advisory Council and State Historic Preservation Offices in their procedural review of Federal undertakings.  These guidelines should also act as standards for all Federal agencies as they commence planning for any undertaking, which has the potential to trigger Section 106 review, thus assuring that all proposed projects would meet Advisory Council and NHPA requirements.
 
Federal agencies must comply with the NHPA by following a series of steps detailed in 36 CFR 800.  The Army further explains its policies and procedures in Army Regulation (AR) 200-4, Cultural Resources Management and Department of the Army Pamphlet (DA PAM) 200-4, Cultural Resources Management.  This Installation Design Guideline is intended to be used in conjunction with the above regulations as well as with the Fort Carson Integrated Cultural Resources Management Plan (ICRMP).

The recently developed Army Alternate Procedures (AAP) provide a new method for managing historic properties.  The AAP, a streamlined approach to Section 106 of the National Historic Preservation Act, now allows installations to manage historic properties programmatically rather than on a project-by-project review.  These procedures also enable installations to leverage existing Army and DoD program requirements while internally managing historic properties in a more efficient and cost effective manner. 

APPENDIX M – HISTORIC PRESERVATION