Program Overview: HPF Grants to Tribes 1

National Historic Preservation Act Enacted in 1966 to Establish a Program for the Preservation of Historic Properties throughout the Nation. In 2015, the Act was codified into the United States Code (U.S.C.) under Title 54, section et seq. It is still commonly referred to as the NHPA. 2

NHPA – Section 101d Section 101d of NHPA (54 U.S.C ) establishes the Tribal Historic Preservation Program, allowing tribes to assume all or any part of the functions of a State Historic Preservation Officer with respect to tribal lands. 3

THPO Program Growth In 1996, when THPOs were first awarded program grants, there were 12 THPOs. In 2016, there are more than 160 THPOs. 4

Partnership Agreement - MOA The Tribe and the National Park Service (NPS) enter into Partnership, through a Memorandum of Agreement (MOA), in the National Program of Historic Preservation. The Tribal government designates a person to act as the THPO - the official to administer the tribe’s Historic Preservation Program. 5

THPO/NPS Partnership Agreement Under the MOA, the tribe agrees to assume the functions (all or any) of the State Historic Preservation Office (SHPO) and to submit annual reports on the accomplishments of the tribe’s HPO program. By agreeing to these requirements, the THPO is eligible to apply for annual grants from the Historic Preservation Fund (HPF). 6

THPO MOA Reporting Requirements Annual reporting requirements under the MOA are to submit the following: a)Grants Product Summary Report b)Annual Accomplishments Report These reports are required each year whether or not the tribe applies for/receives Historic Preservation Fund grant monies. 7

The Grants Product Summary Report is used to report statistical data regarding: Section 106 Compliance Reviews National Register Nominations Areas/Properties Surveyed Educational Activities Other Consultations Grants Product Summary (GPS) Report 8

The Annual Accomplishments Report supports the GPS Report by providing: A description of the additional properties surveyed and added to the Tribe's inventory; A description of the Federal undertakings reviewed pursuant to Section 106 of the Act, and; A description of any educational activities and programs carried out. Additionally, NPS requests 3 success stories showing the value of the program. Annual Accomplishments Report 9

Historic Preservation Fund Program The HPF provides grant fund for Tribes (THPOs) to implement the functions agreed to under the partnership MOA. Funding for the HPF is derived from offshore oil and gas lease revenues. 10

Annual HPF Appropriation The HPF fund is authorized at $150 million annually; however, Congress has never appropriated more than million (to SHPOs and Tribes total) in one year. In 2014 and 2015, Congress appropriated 56.4 million in HPF to cover both SHPOs and Tribes. 11

Tribal HPF Grants Congress specifies the total amount of the HPF appropriation that is awarded to SHPOs and the amount that is awarded to Tribes. Congress appropriated 8.9 million in HPF to Tribes in FYs 2014 and Each THPO received an average of around $57,000 in FYs 2014 and

THPO Apportionment Annual HPF funds to Tribes under the HPF support both the THPO Operations Grant Program and the Tribal Heritage Grant program. From the Tribal appropriation, NPS allots a small amount (less than 5% in 2015) to the Tribal Heritage Grant Program. The remaining funds are divided among all eligible THPOs to support each tribe’s HPO program. 13

THPO Apportionment Formula The current amount of each THPO’s award is calculated using the apportionment formula that was developed in consultation with THPOs in 2003 (see formula below). Apportionment Formula - approximately 81% of the total appropriation is divided equally among all THPOs and the remaining 19% is apportioned based on the area of Tribal lands as defined in the National Historic Preservation Act. 14

Recaptured HPF Funds HPF funds not awarded (either because a THPO decides not to request their share of the apportionment, or because NPS determines that a THPO is not eligible for funding) are either redistributed between the remaining eligible THPOs or are moved to the Tribal Heritage Grant Program to fund projects grants (for which THPOs are eligible to apply). 15

To be eligible to apply for an annual award, THPOs must : Be in compliance with their THPO MOA Have a permanent or acting THPO Be in compliance with all past HPF grant requirements Have no other issues that would legally bar the tribe from receiving Federal funds Funding Eligibility Requirements 16