Review and Monitoring
Review and monitoring of the implementation of the Nationwide Programmatic Agreement (PA) signed in 2008 will ensure that the NPS protects historic properties in its stewardship. It will be accomplished through the review of undertakings completed during the reporting period, programmed undertakings, implementation of the PA, and completion of training requirements.
Superintendents Biennial Review and Monitoring Meeting
Each Superintendent will invite consulting parties to a review meeting every two years (biennial). The PA requirement to hold biennial meetings does not preclude the Superintendent and/or staff from meeting with consulting parties individually or as a group at other time or for other reasons. More frequent meetings may be appropriate based on specific park circumstances. If so, an alternative meeting schedule may be established as mutually agreed upon by the parties.
Parties to the meetings will discuss overall performance under the PA and how to improve coordination. It is suggested that the biennial meeting be used to review:
- Any documentation pursuant to the PA, such as, but not limited to the annual report(s) prepared by the Park Section 106 Coordinator for SHPOs/THPOs (see Section III.B.5.d), which contain information on streamlined reviews,
- Any inventories of historic properties developed in the previous two years, or opportunities for future inventory and research, as well as other reports and research results related to historic properties,
- Programmed undertakings that are scheduled, or are likely to be scheduled, for the next two fiscal years,
- Provisions of the PA as well as any project- or program-specific Memoranda of Agreement or Programmatic Agreements,
- Training received by park staff during the reporting period and opportunities for cooperative training arrangements, and
- Names of and contact information for the Park Section 106 Coordinator and the CRM Team Members.
Superintendents Reporting to NPS Regional Directors
The PA requires Superintendents to report biennially to Regional Directors on the implementation of the PA in order to inform park program review and potential ACHP evaluation of PA implementation. Each Park Biennial Report should be submitted to the Regional Director within six months following the biennial review and monitoring meeting.
The Park Biennial Report should include:
- Basic data demonstrating compliance with the provisions of the PA, including any Memoranda of Agreement (MOAs) and PAs developed by the park during the reporting period, accompanied by a brief description of the undertaking,
- Names of the Park Section 106 Coordinator and CRM advisors,
- Documentation of the biennial review and monitoring meeting,
- Activities under PA sections IV, V, VI and VII,
- Successes and best practices to be shared with others in the region,
- Issues of concern and recommendations for resolution,
- Annual report prepared in accordance with Section III.B.5.d of the PA, and
- Information on any Section 106 training completed by the Superintendent and/or the Park Section 106 Coordinator during the reporting period.
Park PA Implementation Review by NPS Regional Directors
A Regional Director may, at his/her discretion, initiate a review of a park's implementation of the PA. Review by the Regional Director may be triggered by:
- A Superintendent's failure to initiate meetings on a biennial schedule, or the waiving of a meeting without the agreement from all parties that a meeting is unnecessary at that time,
- A Superintendent's failure to submit a biennial report in accordance with the PA,
- Inappropriate implementation of the PA as demonstrated by the Superintendent's
biennial report to the Regional Director, such as:
- Misuse or misapplication of the Streamlined Review Process,
- Failure to consult and/or maintain an ongoing consultative relationship with THPOs, federally recognized Indian tribes, and Native American organizations,
- Extension of the streamlined review process to activities after 30 days of an emergency action,
- Among others at the discretion of the Regional Director.
- PA implementation issues raised by the NCSHPO, a SHPO/THPO, federally recognized Indian tribe, or Native Hawaiian organization.
Based upon the findings of the Regional Director's review of a park's implementation of the PA, the Regional Director may suspend a park's use of the PA for Section 106 compliance. The Regional Director determines the length of the suspension. During the suspension period, the park must comply with Section 106 by using the procedures in 36 CFR Part 800 for all park undertakings. Suspension discontinues after the Regional Director determines that the park has demonstrated sufficient improvements in cultural resource program management to make use of the PA appropriate.
NPS Regional Directors Reporting to the Director of the NPS
The PA requires Regional Directors to report biennially to the Director on implementation of the PA. Each Regional Biennial Report should be submitted within six months following receipt of Park Biennial Reports by the Regional Director. These regional reports will be used by WASO to inform the biennial meetings between the signatories to the PA, as required in Section XI of the PA.
The Regional Biennial Report should include:
- A summary of all biennial reports received from parks within the region, including a list of all MOAs/PAs developed by parks within the region during the reporting period,
- A list of all park PA implementation reviews undertaken by the Regional Director during the reporting period (if any) and the outcome of those reviews, including any corrective actions implemented, and
- Information on programs and initiatives that further implementation of the PA.
The Biennial Reports submitted to the Director may include information between a year to three years old as a result of the reporting schedule dictated by the PA. Despite its age, the information provides a useful record of a park's and a region's implementation of the PA as a compilation of documentation, reporting, and consultation that informed the process.