CaseStudy:Conservation and planning assistance Programmatic Agreement

Update
The Natural Resources Conservation Service (NRCS) has an existing nationwide Programmatic Agreement that will expire in 2012. The NRCS is considering updating this agreement to incorporate changes and lessons learned over the past decade.

Details
The NRCS nationwide Programmatic Agreement (PA) that addresses the agency’s conservation assistance activities is scheduled to expire on May 31, 2012. While the NRCS does not anticipate major changes to the agreement, updates would be necessary to extend its duration; make it more consistent with the ACHP’s current regulations, Protection of Historic Properties (36 CFR Part 800); and, add or delete provisions that incorporate lessons learned and other challenges to its effective implementation.

The existing PA provides for the agency’s compliance with Section 106 in regard to its conservation assistance activities. It encourages the development of state level agreements and consultation protocols with interested Indian tribes. The NRCS works with landowners through conservation planning and assistance designed to benefit the soil, water, air, plants, and animals that result in productive lands and healthy ecosystems.

The nationwide PA encourages communication between the NRCS State Offices, State Historic Preservation Officers, Tribal Historic Preservation Officers, and Indian tribes, and includes a number of categorical exclusions that provide a streamlined approach to Section 106 compliance for certain undertakings (NRCS programs, activities, and technical assistance practices) with effects that are foreseeable and likely minimal or not adverse to historic properties.

The existing NRCS nationwide PA has been in effect for 10 years. NRCS is considering developing an updated PA that would be in effect for another 10 to 15 years. NRCS wants to continue its successful operation under a nationwide program alternative to assist its state conservationists in meeting their Section 106 responsibilities.

An updated agreement would apply to NRCS conservation assistance activities and encourage the development of state level agreements and consultation protocols with interested Indian tribes and Native Hawaiian organizations. It would better reflect the ACHP’s current regulations and any lessons learned from the experiences of the NRCS state conservationists, State Historic Preservation Offices, Tribal Historic Preservation Offices, Indian tribes, and Native Hawaiian organizations operating under the existing agreement.

The ACHP was a signatory to the 2002 nationwide PA, and has been involved in preliminary discussions with NRCS and the National Conference of State Historic Preservation Officers (NCSHPO) about updating the existing agreement since June 2009. In June 2010, the NRCS sent out a survey to the State Historic Preservation Officers, via NCSHPO, and followed shortly thereafter with a survey to Section 106 officers for Indian tribes and Native Hawaiian organizations to request information on the operation of the current agreement and suggestions for amendments or revisions.