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Home Working with Section 106 ACHP Case Digest Summer 2003 Arizona, New Mexico, Oklahoma,
& Texas: Amendment of the Forest Service Southwestern Region PA
Arizona,
New Mexico, Oklahoma, & Texas: Amendment of the Forest Service Southwestern
Region Programmatic Agreement
Agency: U.S. Forest Service
A dispute between
an Indian tribe and a Federal agency over construction in Arizonas
Coronado National Forest has led to better consultation with the
agency over its broader activities that affect historic properties
in the 20.6 million acres comprising the agencys Southwestern
region.
In this case,
the White Mountain Apache Tribal Historic Preservation Officer contacted
the ACHP about the Forest Services inadequate tribal consultation
on the construction of a large telescope in Arizona.
After confirming
that the historic preservation consultation agreement for the Southwestern
Region Forest Service was inconsistent with current laws and policies,
the ACHP helped draft an amendment to the agreement that improves
tribal consultation, public involvement, and consistency with the
ACHPs current Section 106 regulations for protecting historic
properties.
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In 1990, the ACHP and others executed a Programmatic Agreement with the
Forest Service to streamline the consultation process on the treatment
of historic properties affected by projects in national forests. The agreement
covers Forest Service activities in its Southwestern Region, which covers
20.6 million acres and contains six national forests in Arizona, five
national forests and a national grassland in New Mexico, and one national
grassland each in Oklahoma and the Texas panhandle.
Coronado National Forest, AZ, Forest Service Southwestern
Region (photo U.S. Forest Service)
The agreement is one of the older regional Forest Service Programmatic
Agreements, and is based on an older version of the ACHPs Section
106 regulations for protecting historic properties.
In 2001, the White Mountain Apache Tribal Historic Preservation Officer
(THPO) requested that the ACHP terminate the regional agreement because
of inconsistencies with the current law, regulations, and policies. The
tribe was frustrated with its dealings with the Coronado National Forest
regarding the construction of a large telescope on Mt. Graham in Arizonas
Sonoran Desert. To its dismay, the Forest Service had approved the University
of Arizonas request to locate the telescope on Mt. Graham, an Apache
sacred site known as Dzil Nchaa Si An: Big Seated Mountain.
In response to the THPOs request, the ACHP recommended that the
old agreement be updated to address inadequacies in tribal consultation
and public involvement, and to be consistent with the ACHPs current
regulations.
Although the Forest Service was initially reluctant to amend the agreement
because it considerably streamlined the consultation process for the agencys
undertakings, the agency acquiesced, and notified tribes of the proposed
amendment and requested their comments. In 2002, the agency produced a
draft amended agreement and requested comments from the ACHP and the relevant
State Historic Preservation Officers (SHPO).
In May and June 2003, the ACHP met with the Forest Service and the New
Mexico and Arizona SHPOs to discuss the draft agreement in light of the
comments received by the Forest Service and their own recommendations.
The amended agreement, which is expected to be executed shortly, will
allow increased streamlining of the consultation process for national
forest undertakings in the Southwestern Region, but will also ensure that
roles and responsibilities are clarified among project stakeholders. The
amendment is expected to include some creative approaches to improve uniformity
among national forests in the region and resolve longstanding issues between
national forests and SHPOs.
Consistent with the requirements of the new Executive order, Preserve
America, the amendment encourages national forests to work with
SHPOs to promote good stewardship of their heritage resources through
tools such as Heritage Preservation Plans, sample inventory strategies,
and standard consultation protocols.
Staff contact: Carol Legard
Updated
November 20, 2003
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