Management of Cultural Resources at Department of Energy Facilities <AUTHOR> Lois Thompson <AUTHOR_EMAIL> lois.thompson@hq.doe.gov <ORG> EH <SUMMARY> The purpose of this Policy is: to ensure that Department of Energy (DOE) programs and field elements integrate cultural resources management into their missions and activities and to raise the level of awareness within DOE concerning the importance of the Department's cultural resource-related legal and trust responsibilities. <DATE_ISSUE> 06/27/2000 <DATE_CLOSE> <DATE_REVIEW> <TEXT> <h3><b>To comment on this directive, please go to <a href="http://www.revcom.doe.gov">RevCom</a>.</b></h3> U.S. Department of Energy POLICY DOE P 141.X Washington, D.C. SUBJECT: MANAGEMENT OF CULTURAL RESOURCES AT DEPARTMENT OF ENERGY FACILITIES PURPOSE AND SCOPE The purpose of this Policy is to ensure that Department of Energy (DOE) programs and field elements integrate cultural resources management into their missions and activities and to raise the level of awareness within DOE concerning the importance of the Department's cultural resource-related legal and trust responsibilities. Preservation and protection of America's cultural heritage is an important function and responsibility of the Federal government. This Policy will help ensure that DOE maintains a program that reflects the spirit and intent of the legislative mandates. AUTHORITY The major laws, regulations, and guidance shaping DOE's responsibility for cultural resources are: the National Historic Preservation Act, the Archeological and Historic Preservation Act, the Archaeological Resources Protection Act, the Native American Graves Protection and Repatriation Act and all implementing regulations and guidelines, and the following documents issued by the U.S. Department of the Interior: Archeology and Historic Preservation: Secretary of Interior's Standards and Guidelines, The Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act, and The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. POLICY The Federal cultural resources management laws require that the Department identify, evaluate, and manage cultural resources under its control and jurisdiction. Cultural resources include, but are not limited to, the following broad range of items and locations: archaeological materials (artifacts) and sites that date to the prehistoric, historic, and ethnohistoric periods and that are currently located on the ground surface or buried beneath it; standing structures that are over 50 years of age or are important because they represent a major historical theme or era including the Manhattan Project and the Cold War era; cultural and natural places, select natural resources, and sacred objects that have importance for American Indians; and American folklife traditions and arts. Cultural resources include "historic properties" as defined in the National Historic Preservation Act, "archaeological resource" as defined in the Archaeological Resources Protection Act, and "cultural items" as defined in the Native American Graves Protection and Repatriation Act. DOE will uphold these laws by preserving, protecting, and perpetuating cultural resources for future generations in a spirit of stewardship. To do this, DOE will increase management accountability for compliance with Federal statutes, executive orders, treaties, DOE Orders, and implementation guidance. The Department will also ensure that DOE contractors are obligated to implement DOE programs and projects consistent with this Policy and reflect this commitment in site management contracts. Consultation with affected stakeholders is pivotal to maintaining the cultural and historical values associated with identified cultural resources for future generations and implementing all stewardship responsibilities. Therefore, consultation with State agencies, other Federal agencies, American Indian Tribes and Native Hawaiian organizations, ethnic groups and individuals, historic preservation interest groups, and other interested persons will occur early in the planning process of the proposed undertaking and be coordinated with all appropriate parties as specified by the requirements of applicable statutes. RESPONSIBILITIES DOE operations office managers, field office managers, and lead program secretarial officers (LPSOs) will assume primary responsibility for implementing this Policy. Accordingly, they will ensure the following: 1. That Tribal consultation occurs through a formal, documented government-to-government process consistent with the DOE Indian Policy. DOE managers will be responsible for implementing a tribal identification process, ensuring that government-to-government consultations are established with all appropriate Tribal governments, and requiring that DOE program managers and contractor management staff consider the recommendations made by Tribal governments and address these recommendations when making cultural resource management decisions that are potentially affected by DOE undertakings. 2. That procedures are developed for maximizing access by American Indian Tribes, local historical organizations, and interested persons to cultural resource sites and districts consistent with safety, health, and national security. 3. That cultural resource management strategies are developed by the responsible DOE managers. Development of this strategy will begin at the local level and will incorporate the viewpoint of concerned Federal, Tribal, State, and local governments; historical organizations; and interested persons. These strategies must be documented and integrated into the Department's final management decisions regarding all undertakings and reflected in site management contracts and adhered to through appropriate management measures. 4. That a cultural resources management plan is developed and fully implemented at all DOE facilities and contractor-operated facilities. Using the Environmental Guidelines for Development of Cultural Resource Management Plans, August 1995, as a resource, each plan must appropriately reflect local concerns. 5. That efforts related to compliance with cultural resources laws, regulations, and guidance include planning and budgeting appropriate levels of effort and ensuring that adequate funding is provided for the management of cultural resources, integrating cultural resource concerns into program and project planning in a timely fashion in order to protect significant cultural resources and avoid unnecessary delays, conflicts, and costs in project implementation and developing and implementing a process for verifying compliance with all applicable requirements. 6. That cultural resources professionals will be utilized who meet the qualification standards set forth in Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines and who have experience in compliance with the Federal cultural resources management laws, regulations, and guidance. The Assistant Secretary for Environment, Safety and Health and the Director of the Office of Management and Administration are responsible for developing and coordinating cultural resource management and historic preservation policy and guidance that have broad DOE impact or interest such as the analysis of new laws or regulations or the identification of major historic themes. The Assistant Secretary for Congressional and Intergovernmental Affairs is responsible for providing policy and guidance concerning the Department's relationships with American Indian governments and related public interest groups. BY ORDER OF THE SECRETARY OF ENERGY: T. J. GLAUTHIER Deputy Secretary REFERENCES 1. Abandoned Shipwreck Act of 1987 (43 U.S.C. 2101) 2. American Folklife Preservation Act of 1976 (20 U.S.C. 2101) 3. American Indian Religious Freedom Act of 1978 (42 U.S.C. 1966) 4. Antiquities Act of 1906 (16 U.S.C. 431) 5. Archeological and Historic Preservation Act (16 U.S.C. 469) 6. Archaeological Resources Protection Act of 1979 (16 U.S.C. 470) 7. Archeology and Historic Preservation: Secretary of the Interior's and Guidelines (48 FR 44716) 8. Consultation and Coordination with Indian Tribal Governments (Executive Order 13084, May 14, 1998) 9. Curation of Federally-Owned and Administered Archeological Collections (36 CFR Part 79) 10. Determinations of Eligibility for Inclusions in the National Register of Historic Places (36 CFR Part 63) 11. Government-to-Government Relations with Native Americans Tribal Governments (Executive Memorandum of April 29, 1994) 12. Historic Sites Act of 1935 (16 U.S.C. 461) 13. National Environmental Policy Act of 1969 (42 U.S.C. 4321) 14. National Historic Preservation Act of 1966 (U.S.C. 470) 15. National Register of Historic Places (36 CFR 60) 16. Native American Graves Protection and Repatriation Act (43 CFR Part 10) 17. Protection of Archaeological Resources (43 CFR Part 7) 18. Protection of American Indian Sacred Sites (Executive Order 13007) 19. Protection and Enhancement of Cultural Environments (Executive Order 11593) 20. The Protection of Historic Properties (36 CFR Part 800) 21. Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb) 22. Reservoir Salvage Act of 1960 (16 U.S.C. 469) 23. The Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act (63 FR 20495)

DOE P 141.X Draft 141.X Management of Cultural Resources at Department of Energy Facilities <AUTHOR> Lois Thompson <AUTHOR_EMAIL> lois.thompson@hq.doe.gov <ORG> EH <SUMMARY> The purpose of this Policy is: to ensure that Department of Energy (DOE) programs and field elements integrate cultural resources management into their missions and activities and to raise the level of awareness within DOE concerning the importance of the Department's cultural resource-related legal and trust responsibilities. <DATE_ISSUE> 06/27/2000 <DATE_CLOSE> <DATE_REVIEW> <TEXT> <h3><b>To comment on this directive, please go to <a href="http://www.revcom.doe.gov">RevCom</a>.</b></h3> U.S. Department of Energy POLICY DOE P 141.X Washington, D.C. SUBJECT: MANAGEMENT OF CULTURAL RESOURCES AT DEPARTMENT OF ENERGY FACILITIES PURPOSE AND SCOPE The purpose of this Policy is to ensure that Department of Energy (DOE) programs and field elements integrate cultural resources management into their missions and activities and to raise the level of awareness within DOE concerning the importance of the Department's cultural resource-related legal and trust responsibilities. Preservation and protection of America's cultural heritage is an important function and responsibility of the Federal government. This Policy will help ensure that DOE maintains a program that reflects the spirit and intent of the legislative mandates. AUTHORITY The major laws, regulations, and guidance shaping DOE's responsibility for cultural resources are: the National Historic Preservation Act, the Archeological and Historic Preservation Act, the Archaeological Resources Protection Act, the Native American Graves Protection and Repatriation Act and all implementing regulations and guidelines, and the following documents issued by the U.S. Department of the Interior: Archeology and Historic Preservation: Secretary of Interior's Standards and Guidelines, The Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act, and The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. POLICY The Federal cultural resources management laws require that the Department identify, evaluate, and manage cultural resources under its control and jurisdiction. Cultural resources include, but are not limited to, the following broad range of items and locations: archaeological materials (artifacts) and sites that date to the prehistoric, historic, and ethnohistoric periods and that are currently located on the ground surface or buried beneath it; standing structures that are over 50 years of age or are important because they represent a major historical theme or era including the Manhattan Project and the Cold War era; cultural and natural places, select natural resources, and sacred objects that have importance for American Indians; and American folklife traditions and arts. Cultural resources include "historic properties" as defined in the National Historic Preservation Act, "archaeological resource" as defined in the Archaeological Resources Protection Act, and "cultural items" as defined in the Native American Graves Protection and Repatriation Act. DOE will uphold these laws by preserving, protecting, and perpetuating cultural resources for future generations in a spirit of stewardship. To do this, DOE will increase management accountability for compliance with Federal statutes, executive orders, treaties, DOE Orders, and implementation guidance. The Department will also ensure that DOE contractors are obligated to implement DOE programs and projects consistent with this Policy and reflect this commitment in site management contracts. Consultation with affected stakeholders is pivotal to maintaining the cultural and historical values associated with identified cultural resources for future generations and implementing all stewardship responsibilities. Therefore, consultation with State agencies, other Federal agencies, American Indian Tribes and Native Hawaiian organizations, ethnic groups and individuals, historic preservation interest groups, and other interested persons will occur early in the planning process of the proposed undertaking and be coordinated with all appropriate parties as specified by the requirements of applicable statutes. RESPONSIBILITIES DOE operations office managers, field office managers, and lead program secretarial officers (LPSOs) will assume primary responsibility for implementing this Policy. Accordingly, they will ensure the following: 1. That Tribal consultation occurs through a formal, documented government-to-government process consistent with the DOE Indian Policy. DOE managers will be responsible for implementing a tribal identification process, ensuring that government-to-government consultations are established with all appropriate Tribal governments, and requiring that DOE program managers and contractor management staff consider the recommendations made by Tribal governments and address these recommendations when making cultural resource management decisions that are potentially affected by DOE undertakings. 2. That procedures are developed for maximizing access by American Indian Tribes, local historical organizations, and interested persons to cultural resource sites and districts consistent with safety, health, and national security. 3. That cultural resource management strategies are developed by the responsible DOE managers. Development of this strategy will begin at the local level and will incorporate the viewpoint of concerned Federal, Tribal, State, and local governments; historical organizations; and interested persons. These strategies must be documented and integrated into the Department's final management decisions regarding all undertakings and reflected in site management contracts and adhered to through appropriate management measures. 4. That a cultural resources management plan is developed and fully implemented at all DOE facilities and contractor-operated facilities. Using the Environmental Guidelines for Development of Cultural Resource Management Plans, August 1995, as a resource, each plan must appropriately reflect local concerns. 5. That efforts related to compliance with cultural resources laws, regulations, and guidance include planning and budgeting appropriate levels of effort and ensuring that adequate funding is provided for the management of cultural resources, integrating cultural resource concerns into program and project planning in a timely fashion in order to protect significant cultural resources and avoid unnecessary delays, conflicts, and costs in project implementation and developing and implementing a process for verifying compliance with all applicable requirements. 6. That cultural resources professionals will be utilized who meet the qualification standards set forth in Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines and who have experience in compliance with the Federal cultural resources management laws, regulations, and guidance. The Assistant Secretary for Environment, Safety and Health and the Director of the Office of Management and Administration are responsible for developing and coordinating cultural resource management and historic preservation policy and guidance that have broad DOE impact or interest such as the analysis of new laws or regulations or the identification of major historic themes. The Assistant Secretary for Congressional and Intergovernmental Affairs is responsible for providing policy and guidance concerning the Department's relationships with American Indian governments and related public interest groups. BY ORDER OF THE SECRETARY OF ENERGY: T. J. GLAUTHIER Deputy Secretary REFERENCES 1. Abandoned Shipwreck Act of 1987 (43 U.S.C. 2101) 2. American Folklife Preservation Act of 1976 (20 U.S.C. 2101) 3. American Indian Religious Freedom Act of 1978 (42 U.S.C. 1966) 4. Antiquities Act of 1906 (16 U.S.C. 431) 5. Archeological and Historic Preservation Act (16 U.S.C. 469) 6. Archaeological Resources Protection Act of 1979 (16 U.S.C. 470) 7. Archeology and Historic Preservation: Secretary of the Interior's and Guidelines (48 FR 44716) 8. Consultation and Coordination with Indian Tribal Governments (Executive Order 13084, May 14, 1998) 9. Curation of Federally-Owned and Administered Archeological Collections (36 CFR Part 79) 10. Determinations of Eligibility for Inclusions in the National Register of Historic Places (36 CFR Part 63) 11. Government-to-Government Relations with Native Americans Tribal Governments (Executive Memorandum of April 29, 1994) 12. Historic Sites Act of 1935 (16 U.S.C. 461) 13. National Environmental Policy Act of 1969 (42 U.S.C. 4321) 14. National Historic Preservation Act of 1966 (U.S.C. 470) 15. National Register of Historic Places (36 CFR 60) 16. Native American Graves Protection and Repatriation Act (43 CFR Part 10) 17. Protection of Archaeological Resources (43 CFR Part 7) 18. Protection of American Indian Sacred Sites (Executive Order 13007) 19. Protection and Enhancement of Cultural Environments (Executive Order 11593) 20. The Protection of Historic Properties (36 CFR Part 800) 21. Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb) 22. Reservoir Salvage Act of 1960 (16 U.S.C. 469) 23. The Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act (63 FR 20495)