1. Real Property Training
Cultural Resources Management Update 2014
Jennifer Groman NASA Federal Preservation Officer

2. Something Old and Something New
Review “What, Why, and Who” of Cultural Resources
Reflect on Coordination, Cooperation and Communication
Introduce the World of NETS

3. What?

4. Types of Cultural Resources
Historic Properties as defined in NHPA – buildings, structures, sites, districts and objects eligible for or included in the National Register of Historic Places
Cultural Items as defined in NAGPRA – human remains and associated funerary objects, unassociated funerary object, sacred objects, and objects of cultural patrimony
Sacred Sites as defined in EO any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion

5. More Types of Cultural Resources
Archeological Resources - as defined in ARPA - any material remains of past human life or activities which are of archaeological interest and at least 100 years old
Archeological artifact collections and associated records -- as defined in 36 CFR 79, material remains that are excavated or removed from a site, and associated records

6. National Register Eligibility
To be NRHP eligible, a property must:
Have an association with:
Criterion A: Events that have made a significant contribution to broad patterns of history
Criterion B: The lives of persons significant in our past; and/or
Criterion C: Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction (District)
Criterion D: Have yielded or may be likely to yield information important in prehistory or history
Criterion G: Achieving significance with the past 50 years if it is of exceptional importance
Which of these items is eligible?

7. National Register Eligibility
Once it has been determined if a property meets one of the criteria, it must then be determined if it has integrity
Integrity means that the property is able to convey its historic significance in its current condition.
The seven aspects of integrity are location, design, setting, materials, workmanship, feeling, and association
In addition:
There are also properties that are usually not eligible, but may be under special circumstances, including: religious properties, moved properties, birthplaces and graves, cemeteries, reconstructed properties, commemorative properties, and properties achieving significance within the past 50 years
Properties may be designated as a National Historic Landmark if they meet strict criteria for national significance (under Historic Sites Act of 1935)

8. Why? National Historic Preservation Act (1966)
Well known laws:
National Historic Preservation Act (1966)
National Environmental Policy Act (1969)
Other laws, regs and EOs:
EO Environmental effects abroad of major Federal actions
EO13007: Indian Sacred Sites
EO13175: Consultation and Coordination with Indian Tribal Governments
Native American Graves Protection and Repatriation Act
Archeological Resources Protection Act
American Indian Religious Freedom Act
Religious Freedom Restoration Act
36 CFR 79: Curation of Federally-owned and Administered Archeological Collections

9. National Historic Preservation Act, 1966
NHPA is primary cultural resources law for NASA
Recognizes the importance of historic properties of all types (buildings, structures, objects, sites and districts), at all “levels of significance” (national, state, and local) through the National Register of Historic Places (NRHP).
NRHP establishes a system for identifying and registering such resources
Ames Research Center

10. National Historic Preservation Act, 1966
Section 106 of the law requires agencies to:
consider the effects of their actions on historic properties (NR eligible/listed), and
give the SHPO/THPO and ACHP an opportunity to comment on such actions.
The ACHP issues regulations on how to comply with Section [36 CFR Part 800: Protection of Historic Properties]
36 CFR Part 800 provides step-by-step process for complying, as well as alternatives, including Program Comments

11. National Historic Preservation Act, 1966
Things to remember:
Centers are responsible for compliance with Section 106 (unless an HQ program is in charge)
You must consider effects not only to properties that are already included on the National Register, but also those eligible
The law doesn’t require that we preserve all historic properties in place – only that we properly consider them and make decisions in accordance with the 106 Process
Begin consultation early in the process
NASA IS IN THE DRIVER’S SEAT!!!

12. Who? Who is responsible for cultural resources?
Everyone
REALLY?
Yes
Each center has their Historic Preservation Officer, who are there to make sure the legal processes are followed. But all NASA employees are stewards of the Nations heritage.

13. Real Property Officers and other NASA mission support personnel benefit from an understanding of the laws that NASA is subject to and thus understand many of the requirements the Agency faces
For example:
A new significant lease at ARC will be a Section 111 Lease under NHPA - proceeds then go the maintenance and repairs of other historic properties at ARC and across the agency

14. Section 111
Section 111 of the NHPA authorizes Federal agencies to lease historic properties if the agency determines that the lease will adequately ensure the preservation of those properties
Proceeds may be used to defray the costs of administration , maintenance, repair and related expenses… with respect to such property or other properties which are on the National Register
This is a GREAT opportunity to garner proceeds that can be used towards listed or eligible properties at

15. Training Available in Satern

16. Data in the Real Property Module
HPOs input historic status code through the NASA Environmental Tracking System (NETS)
NETS pulls updates from RPM twice annually
NETS pushes to RPM as needed due to updates in the data
NETS can push data more regularly if needed

17. NASA Environmental Tracking System
This section is from Real Property data
This data is inputted by HPOs

18. This data gets pulled for Historic Status Code

19. Historic Status Code
Used by many agencies for Heritage Asset Reporting in the annual Financial Statement
Pulled by the Federal Real Property Council for data analysis

20. Crosswalk of NETS to RPM historic status codes
NETS Code
NETS NAME
SAP 1
National Historic Landmark
NHL 2
National Register Listed
NRL 3
National Register Eligible
NRE 4
Non-contributing element of NHL/NRL district NC 5
Not Evaluated NE 6
Evaluated, Not Historic
ENH 7
Inactive (nets use only) 8
Insufficient Information 9
Survey Ongoing 10
National Register Listed District 11
National Register Eligible District

21. Archeological Sites don’t get pulled into the RPM

22. NPR 8510.1 (Cultural Resources Management)
Essentially outlines how NASA can comply with multiple laws
Responsibilities fall on Center/Facility Directors, HPOs, FPO (me), managers, etc.
NASA has to constantly update historic properties lists (buildings get older every year)

23. How long does the Historic Preservation Process take?
Next, you need to start consulting with the State Historic Preservation Office and other consulting parties on S106 of NHPA –
* 2-5 months for no effects –
* 6-18 months for adverse effects 2
First, you need to know if your facility is historic or if the land you will be building on has archeology months surveys and evaluations 1
Lastly, mitigation can take time before you can demo or start to dig.
*4-6 months building recordation
*6–18 months archeology
Or if there is a Programmatic Agreement…
* document no effects and move on or…
* mitigate adverse effects
(roughly only takes a couple of months) 4 3

24. So what are some of the risks?
Lack of compliance with different laws:
NHPA – Initial injunction, significant project delays, court fees and mitigation
NEPA – Injunctions – projects can’t move forward
ARPA – Fines and jail time
And the NASA Mission

25. A note about demolitions or excessing
We are in era of footprint reduction
No obvious reuse opportunities for many old, expensive facilities
But we have to make sure there is no reuse opportunity before we proceed with demolition of a historic property
Facilities at HQ is developing Checklist for Demos to ensure NEPA/CRM/Environmental issues are addressed before funding is given

26. Important Takeaways
Eligible and listed properties are treated the same by law
Consultation with the Public is still required at most centers
Costs for mitigation or surveys need to be include in CoF, Demolition, Recap and Program Direct projects.
Age does NOT define what is historic
A gate to gate survey is the key to knowing what and where a Center’s historic resources are for planning purposes (CM&O cost)

27. Federal Preservation Officer NASA Cultural Resources Program Manager
Jennifer Groman
Federal Preservation Officer
NASA Cultural Resources Program Manager
(202)

28. BACKUP SLIDES

29. Key elements of the NPR
ICRMPs to be completed and integrated with Master Plan and other key Center documents
Integrate CRM in Mission programming
Submit ICRMP to HQ for review
Inventory and evaluate buildings and structures
Inventory archeological sites for S106 actions
Notify HQ if an NHL is likely to be adversely affected by an undertaking or when ACHP has decided to participate in a S106 consultation
Consider alternatives for historic properties that are not needed for current or projected Agency or Center mission requirements

30. So…
NASA Centers are getting older and most at least are over 50 years of age. We evaluated properties under Apollo era and Shuttle…and some have completed gate to gate surveys…but if you didn’t check for historic district, Centers will have to relook (i.e. reevaluate) their properties as part of a possible historic district
GSFC and GRC (already had to)

31. Historic Districts NASA currently has 11 historic districts
More are likely in your/our future
SHPOs are taking an interest in Centers which have found many of their properties to be individually ineligible but probably more likely eligible as part of a group
HISTORIC DISTRICT: a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. In addition, historic districts consist of contributing and non-contributing properties.

32. So you now have a historic district or a bunch of historic properties…what to do next.
S106 requires Federal agencies to follow 36 CFR 800 regulations process. This can be a slow process if you are eager to demolish or build
The regs allow for an alternative to the regulations that can streamline the process
Programmatic Agreements are the simplest way to streamline s106
Other ways include Program Comments or Agency alternative procedures (long process to develop)