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Federal Preservation Officer
Cultural Resource Management: Policy and Regulations
Section 106 Notes
Agency and Related Links

Federal Preservation Officer

View FPO contact information

Regional Historic Preservation/Environmental Points of Contact
The Naval Facilities Engineering Command (NAVFAC) provides support services to installations. Activities include installation planning, facility design and construction, environmental compliance, and Base Closure and Realignment support. In this capacity, NAVFAC is often involved in activities under Sections 106 and 110 of the National Historic Preservation Act.

For specific NAVFAC contact information, visit NAVFAC's Web site at www.navfac.navy.mil/org.htm.

Cultural Resource Management: Policy and Regulations

The Navy issued regulations May 16, 2000, for obtaining archeological research permits from the Navy to conduct research on, and/or recover, ship or aircraft wrecks under the Navy's jurisdiction. The regulations can be found at 32 CFR Part 767 (view in PDF).

Secretary of the Navy Instruction (SECNAVINST) 4000.35, Department of the Navy Cultural Resources Program, 17 August 1992. (Available at neds.nebt.daps.mil/Directives/4000_35a.pdf.)

Chief of Naval Operations Instruction (OPNAVINST) 5090.1B: Chapter 23, Historic and Archeological Resources Protection, 1 November 1994. (Available at neds.nebt.daps.mil/Directives/5090/23.pdf.)

Both of these instructions state Navy policy regarding the protection of historic and archeological properties and assign Navy responsibilities under cultural resources laws and regulations.

Naval Facilities Engineering Command (NAVFAC) Manual MO-913, Historic Preservation, September 1991. (Available at www.efdlant.navfac.navy.mil/lantops_15/documents/MO/MO913.PDF.)

Historic and Archeological Resources Protection Planning Guidelines, January 1997. (Available at www.denix.osd.mil/denix/Public/ES-Programs/Conservation/Legacy/HARP/harp.html.)

Both of these publications were designed to assist Navy personnel at installations in planning for and managing historic properties.

Section 106 Notes

The Advisory Council on Historic Preservation (ACHP) signed an agreement June 26, 2002, with the U.S. Navy and others to streamline Navy operations and maintenance activities in the Navy Region Hawaii, which includes important historic properties in the Pearl Harbor National Historic Landmark District.

The agreement, which was also signed by the Hawaii State Historic Preservation Officer, the Historic Hawaii Foundation, and the National Trust for Historic Preservation, allows the Navy to conduct in-house reviews for many routine undertakings in the Navy Region Hawaii. An Integrated Cultural Resources Management Plan will guide the management of historic properties and facilitate the design and construction of new facilities.

Many of the historic properties covered by the agreement are associated with the December 7, 1941, attack on Pearl Harbor and the war in the Pacific, and some of the historic sites have traditional and religious significance to Native Hawaiian organizations. Through the agreement, the Navy will work with a variety of individuals and organizations to balance the protection of historic sites in the Navy Region Hawaii with national defense mission requirements. The agreement is expected to serve as a model for other Navy installations.

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A Programmatic Agreement (PA) for management of historic Navy family housing units was executed by the Advisory Council on Historic Preservation, the Department of the Navy, and the National Conference of State Historic Preservation Officers at ACHP's business meeting November 17, 2000, in Alexandria, VA. (Read the text of the PA)

The PA covers nationwide management of Navy housing and associated features including support buildings, landscape features and statuary. The agreement grew out of efforts by the Navy to respond to Congressional concern regarding the cost of maintaining historic military family housing.

Fundamental to the PA is categorization of historic properties as a means of prioritizing expenditure of scarce maintenance and preservation dollars. In consultation with the appropriate SHPO, the Navy will determine which of its housing units are eligible for the National Register of Historic Places and then assign a preservation treatment priority to each based on relative significance and reuse potential.

The extent of review required under Section 106 of the National Historic Preservation Act will be determined by the priority assigned the property; those properties with the highest priority for preservation will require more review than properties of lower priority.

The PA acknowledges the preservation challenges posed by Navy housing of relatively recent vintage. Capehart and Wherry housing was constructed by and for the Department of Defense for all branches of the military from 1949 through 1962. Congressional hearings have concluded that such housing is substandard and not acceptable for military housing. The housing stock thus is subject to major renovation and/or demolition, but it is also approaching 50 years of age and may be found eligible for the National Register.

The PA authorizes the Navy to negotiate with SHPOs to seek agreement on preservation of only representative units of such housing. Absent such agreement, the general provisions of the PA will apply to Capehart and Wherry housing.

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In November 1999, the Navy entered into a Programmatic Agreement (PA) with ACHP and the Virginia State Historic Preservation Office (SHPO) for management of above-ground historic properties controlled by the Navy in the Hampton Roads area of Virginia. (The only principal facility not included is the Norfolk Naval Shipyard.) Among its provisions, the PA calls for the Navy to develop a program of educational and interpretive materials.

Toward that end, the Commander, Navy Region Mid-Atlantic, and the Hampton Roads Naval Museum launched a Web site on the Naval historical and architectural heritage in the area: www.hrnm.navy.mil/Architectural/Index.html.

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Naval School, Civil Engineer Corps Officers (CECOS) offers courses to all military personnel on Section 106 and other cultural resource laws. Classes include "Historic Preservation Law and Section 106 Compliance" and "Introduction to Cultural Resource Management Laws and Regulations." The latter class is taught in conjunction with ACHP.

For a catalog, visit CECOS's Web site at www.cecos.navy.mil/schedule.asp or call CECOS at (805) 982-2093.

Agency and Related Links

U.S. Navy Web site: www.navy.mil

Navy Cultural Resources Program: web.dandp.com/enviroweb/cultural/

Naval Facilities Engineering Command: www.ncts.navy.mil/homepages/navfac

Naval Historical Center (the Navy's point of contact for issues regarding underwater archeology (including shipwrecks and sunken aircraft), memorial/museum ships, and historic Navy aircraft): www.history.navy.mil/index.html

Naval Facilities Base Realignment and Closure Program: www.navfac.navy.mil/brc/

Updated May 19, 2006

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