Table of Contents
If you are interested in Certification, you will probably
want to read the entire document that follows. However, you can also click
on a topic of interest. You can always return to the Table of Contents.
12/91
Santa Fe National Historic Trail
Certification
Dear Santa Fe Trail Landowner or Manager:
Fine historic resources associated with the Santa Fe Trail
abound on non-federal lands. As one of the fortunate folks who owns or manages
a site, segment, or complementary interpretive facility on the Santa Fe
Trail, you might want to consider becoming partners with the National Park
Service in certifying it as an official part of the Santa Fe National
Historic Trail.
It's not the National Park Service's intention to directly
solicit participation in the Santa Fe National Historic Trail certification
program - but we feel you may find it intriguing and rewarding. The success
of the Santa Fe National Historic Trail depends upon voluntary grassroots
initiative and participation on the part of landowners, communities, and
others along the Trail.
Before we explain the certification process, let's first
clarify the difference between the Santa Fe Trail and the Santa
Fe National Historic Trail. The Santa Fe Trail is the famous historic
commercial route between Old Franklin, Missouri, and Santa Fe, New Mexico.
The Santa Fe National Historic Trail consists only of Santa Fe Trail
properties located on federal land that meet national historic trail standards
(for instance, Fort Union National Monument; or Middle Spring on the Cimarron
National Grassland) - and Trail properties located on private or other non-federal
lands for which the owner or manager has entered into a partnership agreement
with the National Park Service regarding visitor use and protection of Trail
resources.
In this guide (and in other Santa Fe National Historic
Trail materials), you'll frequently come upon the terms "site,"
"segment," and "complementary interpretive facility."
Here are a few definitions:
A site is a specific location where Santa Fe Trail-related
properties exist today (for example, a building or the remains of a building;
a place of significance to the Trail, such as a spring site or natural landmark
used as a guide by Trail travelers; the location of a significant event,
such as the Battle of Glorieta Pass; or a route segment less than 1/2 mile
in length.)
A segment is a stretch of the route that the Santa
Fe Trail once followed that is at least 1/2 mile long. (For example, if
we know that the Santa Fe Trail followed a certain ridge, then the ridge-top
would be considered a segment of the Trail, even if evidence of the original
Trail no longer remains.)
A complementary interpretive facility is a museum,
visitor center, or other educational facility along the general Trail corridor
where the story of the Santa Fe Trail is interpreted (for example, a county
historical society museum in a county that the Trail passes through that
provides exhibits or otherwise tells the story of the Santa Fe Trail). Facilities
fall into three categories: 1) state or federally (non-National Park Service)
constructed, operated, or substantially supported interpretive and educational
facilities; 2) city, county, or regional nonprofit interpretive and educational
facilities; and 3) off-Trail corridor facilities that recognize and interpret
the Trail.
Please remember that just because a property has not been
certified does not mean that it is not a significant historic property associated
with the Santa Fe Trail.
Now, let's talk about certification.
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What is Certification?
When you certify your Santa Fe Trail site, segment, or
complementary interpretive facility, it becomes an official part of the
National Historic Trail. Certification is a type of cooperative agreement
with the National Park Service, in which everyone involved agrees to do
certain things specified in the agreement. Certification agreements are
not legal contracts. Rather, they're good-faith expressions of mutual
expectations and interests. They're completely voluntary, and can be terminated
by either party at any time. You see, certification is, first and foremost,
a partnership.
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What are the Criteria for Certification?
To be certified as part of the Santa Fe National Historic
Trail, your Santa Fe Trail historic site or segment should first meet the
following general criteria. (You'll find that most Santa Fe Trail sites
and segments already meet many of them.)
It should have at least one significant and direct tie
to the Santa Fe Trail, be on the designated Santa Fe National Historic Trail
route, and be suitable and available for reasonable public access. There
should be some historic resource value and/or an opportunity for significant
interpretation of historic Santa Fe Trail resources.
As its owner/manager, you'd need to agree to manage it
so as to protect its resources, and to provide for appropriate public use.
Certification and ensuing activities must comply with applicable
state, local, and federal laws (for example, environmental laws, public
health and safety requirements, equal employment opportunity laws, federal
handicapped accessibility laws), which we'll discuss under the section on
compliance later in this brochure.
Although the criteria listed above will be met by all sites
that are certified as Santa Fe National Historic Trail sites, some aspects
of each certification agreement will be tailored to the specific nature
and management needs of the Trail site, and the needs of the owner/manager.
For example, some sites may need intensive management and
maintenance to protect the properties. Others can be visited and enjoyed
just as they are, with virtually nothing being done. An owner/manager with
a site on a remote, undeveloped part of his/her property may allow relatively
unrestricted access, while one with a site near his/her house may only want
to let people visit the site at certain times, or under certain conditions.
The certification of complementary interpretive facilities
is based on the ability to meet a number of criteria. These include providing
accurate interpretive information to visitors; a staff with knowledge of
Trail history and interpretive techniques; a clean, well-maintained, and
orderly facility that meets applicable local, state, and federal regulations
for health and safety, equal employment opportunity, and environmental compliance;
and accessibility for the disabled. Facilities that are connected to actual
Trail resources should complement those resources. Trail artifacts should
be properly displayed, handled, and protected.
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What are the Benefits of Certification?
As the proud owner/manager of an officially certified Santa
Fe National Historic Trail property, you'll be able to take advantage of
many opportunities that you wouldn't have access to otherwise:
Protection / Interpretation:
National Park Service certification standards are high, and provide a high
level of protection and interpretation for certified Santa Fe National Historic
Trail properties. Our mission as the Nation's leading conservation agency
emphasizes protection of cultural and natural resources and, as your partner,
we can help advise you on good protection.
We also emphasize appropriate visitor use, and an important
part of visitor use is what we call "interpretation" - which is
how (and where and why) we communicate the "story"
behind a particular place, person, or event. There are many ways of interpreting
your Trail properties, and we will also be happy to offer advice in this
area.
Recognition: Certification
can bring a strong and favorable public image, through recognition of your
generous efforts to preserve resources and provide for appropriate public
use. Many people are fascinated by the history of the Santa Fe Trail. Certification
will let people know that your property is part of a nationally significant
trail, and that protection, interpretation, and public use all meet the
high standards of quality that the American people have come to expect of
National Park Service areas. Local communities can achieve recognition for
supporting the Trail. Members of communities - especially school children
- can benefit from the civic pride that comes with recognition and increased
knowledge about the history of their area resulting from certification.
Too, local efforts to obtain grants for historic preservation and other
civic projects can gain additional justification.
Certified Santa Fe National Historic Trail properties are
marked with full-color, official Trail-marker signs (with the distinctive
logo shown throughout this certification guide), which immediately enables
people to identify them as official components of the Santa Fe National
Historic Trail, as well as indicating that they're being managed to the
highest standards under your stewardship. Future publications, exhibits,
and other informational/interpretive tools will also carry this Trail symbol.
Certified Trail properties will be included in Trail interpretive, educational,
and informational programs, and other media projects being planned for national
distribution.
Technical Assistance: When
your Santa Fe Trail site or segment is certified, the National Park Service
can help provide assistance in such technical areas as historic preservation,
archeological protection, architecture, engineering, landscape architecture,
planning, maintenance, trail-building, and interpretation. At the very least,
we can review your plans, and provide expert comments and suggestions for
improving them. In some cases, we might even be able to come to your site
to provide expertise (for instance, an archeologist might do a survey of
the area, or a historical architect might evaluate a building's rehabilitation
needs). The extent to which the National Park Service can provide assistance
will vary, depending upon the needs of the site, and personnel and funding
limits. We also have access to others - experts from state and other federal
agencies, volunteer experts from the private sector, and other landowners
and managers - who are our partners on the Trail and have the knowledge
to assist.
Other Benefits: You may find
other advantages involved in certification. For instance, if you become
a volunteer through the National Park Service Volunteers-in-Parks program
(VIP), you can become eligible for tax deductions for any expenses in accordance
with federal and state tax codes. (Note: Although we can tell you how to
obtain information about the tax benefits of volunteering, we're not permitted
or qualified to provide tax advice.) Through the use of the VIP program,
the National Park Service may also be able to provide tools, equipment,
and supplies for Santa Fe National Historic Trail projects at Certified
properties. In some cases, the National Park Service may also be able to
provide limited financial assistance to qualifying groups and individuals,
in the form of cost-share grants for the development of cultural and natural
resource management activities, visitor use developments, and interpretation.
It's also possible that the ability of a non-profit group to raise funds
for historic preservation and visitor use projects can be greatly enhanced
by the status a property will gain by becoming part of a national program.
And the rehabilitation of qualifying historic buildings may provide tax
incentives to owners under the Economic Recovery Tax Act of 1981.
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Are There Costs Involved in Certification?
You'll find that there aren't any direct costs involved
in developing certification agreements. Projects resulting from action plans
developed out of certification agreements will, of course, have costs attached.
However, it's not the intention of the Santa Fe National Historic Trail
certification program that anyone be required to incur any personal costs
(unless they wish to make a donation). Rather, the program encourages the
use of volunteers - as well as donations from individuals, groups, and corporations
- in the implementation of plans for preservation and public use of sites
or segments. Costs for these action plan projects for organizations and
agencies will often already be part of their planning and budget process.
Because certification is a partnership, you won't be in it alone. We'll
work to help you obtain the resources needed to protect your site and provide
for quality visitor experiences.
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What Will My Personal Liability be if I Certify?
If your Santa Fe Trail site, segment, or complementary
interpretive facility is certified as a component of the Santa Fe National
Historic Trail, it should be made available for appropriate public use.
Where people can go, what they can do, when they can visit the site, and
other specifics will be spelled out in the certification agreement. You
may be interested to learn that each state that the Santa Fe Trail runs
through has laws protecting landowners who allow public use of their lands,
usually without a fee, for recreational purposes. We'll make information
about these laws available to you during the certification process.
If necessary, the National Park Service can also enroll
certification partners as volunteers (under the Volunteers-in-Parks program
described earlier), which would cover actions taken by the volunteer within
the scope of the certification agreement under the Federal Tort Claims Act,
and, if applicable, under Workmen's Compensation laws. Actions taken outside
the scope of state laws and volunteer agreements would not be covered. We'll
discuss the extent of this coverage with you during certification. (A note
here: Sorry, but National Park Service staff can't give you legal advice.)
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Certification Involves "Compliance." What Does This Mean?
Don't be put off by this formal-sounding term. When stripped
of its formal trappings, compliance means that we will all work together
to ensure that natural and cultural resources of the Santa Fe Trail receive
the best possible protection. Compliance is a very positive step for actions
taken under certification agreements. It enables us to help you achieve
the same high standards of resource stewardship for your property that we
apply in traditional National Park Service units.
Here's an example of compliance in action: Let's say that
we all agree that a paved trail for visitors is needed at your site. Before
any work is done, the National Park Service will set a formal process in
motion that evaluates what effects the trail might have on natural and cultural
resources in the area. Compliance people from the National Park Service,
State Historic Preservation Office, and other agencies will look over the
proposed trail plan - identify potential impacts (such as erosion, or damage
to possible archeological artifacts) - and, if needed, propose ways of eliminating
them or reducing them to an acceptable level. This will all be written up
and backed up by good documentation.
As in any partnership, everyone involved will have a role
in accomplishing the tasks needed in this process. Decisions as to how this
will be accomplished will be part of the certification, and later, if needed,
site planning process. Organizations and agencies will have more responsibility
in this process than private landowners. When all is completed, we can all
feel confident that we have complied with the provisions of major resource
protection and other laws such as the National Environmental Policy Act,
the National Historic Preservation Act, and the Architectural Barriers Act.
Please rest assured that private landowners won't be asked
to comply with the laws mentioned previously in the course of regular day-to-day
activities on their lands (mowing the grass, grazing cattle, and so forth).
Compliance will apply only within the scope of your certification agreement.
But you will be asked to consult with the National Park Service regarding
any activities you undertake that could adversely affect the certified resources
of your property, so we have the opportunity to comment and provide advice
about how to meet your needs while also avoiding any changes in the values
that made your Santa Fe Trail property eligible for certification in the
first place.
(Here's an example: Let's say you wanted to build a new
ranch road near, but not on, your Santa Fe Trail property. We would want
to consult with you to help make sure that water runoff, dust from ranch
vehicles, and other possible impacts, don't adversely affect the site or
visitor enjoyment.) Too, in our certification agreement, and any other planning,
we may wish to monitor your site for any potential damage from the activities
taking place on and around it.
If you are already planning actions that might have an
impact on your historic site or segment, and you think you might be interested
in pursuing certification at any time in the future, it would be prudent
to contact us now. An action that changes the historic resources or the
surrounding landscape could inadvertently alter the resource and interpretive
values that make the area eligible for certification, or eligible for other
recognition such as placement on the National Register of Historic Places.
We will happily consult with you early to help ensure that your actions
will not compromise eligibility for later certification.
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Who Can Apply for Certification?
Anyone who owns or manages a non-federal Trail site, segment,
or complementary interpretive facility that meets the criteria we've just
mentioned can request certification - whether a private individual, organization,
or state or local government.
If you request certification, you should have the authority
to manage the site. (For instance, a non-profit Trail group can't request
certification for a site owned by a private individual without that individual's
permission.) Private landowners can choose to manage the Trail property
themselves, or can delegate the authority to manage and protect it to a
non-profit group. We can provide you with more information on a variety
of ways you can accomplish this "delegation," depending on your
personal considerations.
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How Do I Apply for Certification?
If you think you might be interested in entering into a
certification agreement with the National Park Service, begin by contacting
the National Park Service, or the Santa Fe Trail Association, at the addresses
listed later in this certification guide. We'll all be happy to explain
the process, and answer any questions you might have. During initial discussions,
we may need to visit your site and talk to you in detail about its needs.
Afterward, we'll send you a proposed draft certification agreement that
will become the basis for any further discussions. This two-way Trail negotiation
process is a normal, friendly, and interesting part of the certification
process.
If you decide to submit an application, sending along the
following information and documentation related to your Trail property will
be very helpful: maps showing location and details; specifications, such
as size, resources, and facilities; a description of your area's historical
relationship to the Santa Fe Trail; area photographs or drawings; and any
written plans, brochures, and other information. Submitting an application
in no way obligates you to continue.
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How Long is Certification Valid?
An initial certification-agreement term will extend from
2 to 5 years, depending upon individual property circumstances and what's
required to maintain the terms of the agreement. A shorter period will be
set initially for those properties undergoing changes and development, because
it's more likely that a review and revision of the terms of the agreement
may be needed. Properties that have longer-term certification agreements
will usually be managed/developed substantially the way they are.
It's important to mention again that certification agreements
are not legal contracts. As good-faith expressions of mutual expectations
and interests, they're completely voluntary, and subject to termination
by either party at any time. For instance, it's possible that the National
Park Service could terminate a certification agreement if it believes that
resources have been adversely impacted, or that there appears to be a clear
disregard of the terms of the certification. In such cases, as partners,
we would work together to identify and solve problems
early.
Please rest assured that the National Park Service will
be understanding if some terms cannot be met, so long as a reasonable effort
was made to meet them, or factors beyond anyone's control prevented action.
We'll be asking for your patience and forbearance, too, if for some reason
it turns out that we can't do all that we have proposed, or the process
takes longer than we had all hoped. (If you should encounter a serious problem
at some point, and consider canceling certification, we'd appreciate your
giving us at least 45 days' notice first, so we can try to eliminate the
problem, and possibly keep your certification intact.)
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Why is the National Park Service Using Certification
Agreements Instead of Acquiring These Properties for a Park ?
Certification is unique to the National Trails System.
The intent of Congress in passing the National Trails System Act (1968)
was to provide an innovative mechanism to protect trail routes and properties
that would also protect the rights of individual landowners, and wouldn't
result in large expenditures of money to acquire land. The National Park
Service will emphasize this grassroots management of the Santa Fe National
Historic Trail, as Congress directed. If you decide to enter into a certification
agreement, you'll still retain all legal rights to your land and property.
Acquisition of land or any interests in land for the Santa
Fe National Historic Trail by the National Park Service may only be on a
willing-seller, willing-buyer basis. Such acquisition would only be considered
for the most significant Trail properties, when the owner and the National
Park Service agree that this is the best method to protect these properties.
Remember, the National Trails System will work best when grassroots ownership
and management of Trail resources is the primary emphasis.
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Are There Other Ways to Protect My Site, Segment, or
Complementary Interpretive Facility Besides Certification?
Private and public owners all over the Nation are using
many different methods for protecting America's cultural - and natural -
resource heritage. For instance, they're using "tools" like leasehold
agreements, and donations or sales of land or interests (such as easements)
in lands containing resources. And, as mentioned earlier, owners/managers
can work out delegation arrangements with private non-profit groups - or
with local, state, or federal government agencies - and can do so in ways
that allow owners/managers continued use of their land.
Many of these alternative options can provide long-term
protection that will ensure that the properties are protected well into
the future, and keep ownership and management at the grassroots level. If
you're interested in considering options other than - or in addition to
- National Park Service certification, we'll be glad to discuss them with
you and put you in touch with others knowledgeable in this area.
Many Santa Fe Trail properties are currently on the National
Register of Historic Places, or are designated as National Historic Landmarks.
If you'd like to find out if your property is eligible for these national-recognition
programs, contact the National Park Service office listed below, or your
State Historic Preservation Office. And please remember: Using certification
with other land preservation techniques can provide even better long-term
protection and ensure the highest possible standards of stewardship.
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How Can I Find Out More?
If you think that you might want to get your Trail property
certified, we'll be glad to talk to you about what's involved. If you're
not sure, we may be able to put you in touch with others who have already
had a site certified, so you can find out how they feel about the process.
And, as mentioned earlier, we can also give you information on other methods
for providing long-term protection, such as leases, easements, and donations.
Contact the National Park Service office listed below if
you'd like a copy of the Santa Fe National Historic Trail Comprehensive
Management and Use Plan (which directs management and planning) - or if
you wish to be placed on our National Park Service mailing list for periodic
newsletters - or if you have any questions on certification, or about the
Santa Fe National Historic Trail in general. The Santa Fe Trail Association
is the major Trail-wide partner in fostering certification of Santa Fe Trail
sites, segments, and complementary interpretive facilities as components
of the Santa Fe National Historic Trail, and we'd like to suggest that you
contact them at the address provided below for information about Santa Fe
National Historic Trail certification, and the Santa Fe Trail in general.
National Trails System Office - Santa
Fe
National Park Service
P.O. Box 728
Santa Fe, NM 87504-0728
505/988-6888
Santa Fe Trail Association
Santa Fe Trail Center
Rural Route 3
Larned, KS 67550
316/285-2054
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