Aboriginal Lands: Federal land that is recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims as the aboriginal land of an Indian tribe. (43 CFR 10.6 (a)(2)(iii))
Adverse Effect: An adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. (36 CFR 800.5(a)(1))
Archeological Data Recovery: Recovery through professional archeological investigations and documentation, of significant cultural resource materials and data in lieu of in-place resource preservation (NPS-28, p. 180). Put another way, it refers to all the techniques and approaches (excavation, remote sensing, etc.) that an agency might employ to capture the full range of significant information contained in an archeological site. Except for rare and special instances, the National Park Service only undertakes archeological data recovery when sites are threatened with destruction from either natural or human agencies. Data Recovery always requires the Section 106 Standard Review Process.
Archeological Monitoring: Archeological monitoring refers to the observation of ground disturbing activities for the purpose of identifying possible archeological deposits, features, or objects which may be uncovered or otherwise affected by the activity.
Archeological Testing: Limited subsurface archeological exploration designed to inventory archeological resources, assess site significance, define salient site characteristics and boundaries, or evaluate site condition. Subsurface testing is seen as a beneficial enterprise under the National Historic Preservation Act as long as it remains part of a legitimate program of inventory or evaluation whose aim is the capture of information that is requisite to the wise management of a site.
Archeological Resource: Any material remains or physical evidence of past human life or activities which are of archeological interest, including the record of the effects of human activities on the environment. An archeological resource is capable of revealing scientific or humanistic information through archeological research. (NPS Management Policies 2006)
Area of Potential Effect (APE): The geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties, if any such properties exist. The area of potential effect is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by the undertaking. (36 CFR 800.16(d))
Certified Local Government: A local government whose local historic preservation program has been certified pursuant to Section 101(c) of the National Historic Preservation Act. (16 U.S.C. 470w (15))
Character-Defining: A prominent or distinctive aspect, quality, or characteristic of a historic property that contributes significantly to its physical character. Structures, objects, vegetation, spatial relationships, views, furnishings, decorative details, and materials may be such features. (NPS-28: Cultural Resource Management Guideline)
Consultation: The process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding matters arising in the Section 106 process. The Secretary's "Standards and Guidelines for Federal Agency Preservation Programs pursuant to the National Historic Preservation Act" provide further guidance on consultation. (36 CFR 800.16(f))
Cultural Landscape: A geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with a historic event, activity, or person, or exhibiting other cultural or esthetic values. There are four non-mutually exclusive types of cultural landscapes: historic sites, historic designed landscapes, historic vernacular landscapes, and ethnographic landscapes. (NPS Management Policies 2006)
Cultural Resource: An aspect of a cultural system that is valued by or significantly representative of a culture, or that contains significant information about a culture. A cultural resource may be a tangible entity or a cultural practice. Tangible cultural resources are categorized as districts, sites, buildings, structures, and objects for the National Register of Historic Places, and as archeological resources, cultural landscapes, structures, museum objects, and ethnographic resources for NPS management purposes. (NPS Management Policies 2006)
Cultural Resource Management (CRM): The range of activities aimed at understanding, preserving, and providing for the enjoyment of cultural resources. It includes research related to cultural resources, planning for actions affecting them, and stewardship of them in the context of overall park operations. It also includes support for the appreciation and perpetuation of related cultural practices, as appropriate. (NPS-28: Cultural Resource Management Guideline)
Cumulative Impacts: Impacts on the environment which result from the incremental impacts of actions over time. Cumulative impacts can result from individually minor but collectively significant actions.
Effect: The alteration to the characteristics of a historic property which qualify it for inclusion in, or eligibility for, the National Register of Historic Places. (36 CFR 800.16(i))
Emergency Actions: Actions identified by the Superintendant as a necessary and immediate response to a disaster or emergency declared by the President, a tribal government, or the Governor of a State; or another such threat to life or property. Emergency actions comprise only those actions required to resolve the emergency at the time.
Exotic Species: Species that occupy or could occupy park lands directly or indirectly as the result of deliberate or accidental human activities. Exotic species are also commonly referred to as nonnative, alien, or invasive species. (NPS Management Policies 2006)
Federal Preservation Officer (FPO): The qualified Federal official responsible for coordinating activities under the National Historic Preservation Act. (Section 110(c))
Federally Recognized Indian Tribe: Fundamental units recognized by the Bureau of Indian Affairs (BIA) for certain federal government purposes. They have a government-to-government relationship with the United States.
Historic Property: Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria. (36 CFR 800.16(l))
Inadvertent Discoveries: Unexpected findings of historic properties. They may be recovered during an undertaking for which review has been previously conducted and completed under Section III and Section IV of the Programmatic Agreement. Inadvertent discoveries may also occur as a result of events such as erosion or animal activity.
Indian Tribe: An Indian tribe, band, nation, or other organized group or community, including a native village, regional corporation or village corporation, as those terms are defined in Section 3 of the Alaska Native Claims Settlement Act [43 U.S.C. 1602], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (36 CFR 800.16(m))
In-kind: In the same manner or with something equal in substance having a similar or identical effect. (NPS-28: Cultural Resource Management Guideline)
Integrity: The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period; the extent to which a property retains its historic appearance. (NPS-28: Cultural Resource Management Guideline)
Local Government: A city, county, parish, township, municipality, borough, or other general purpose political subdivision of a State. (36 CFR 800.16(n))
Mitigation: Mitigation includes (a) avoiding the impact altogether by not taking a certain action or parts of an action; (b) minimizing impacts by limiting the degree or magnitude of the action and its implementation; (c) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (d) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; or (e) compensating for the impact by replacing or providing substitute resources or environments. (40 CFR 1500, Regulations for Implementing NEPA)
National Historic Landmark (NHL): Nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting the heritage of the United States. (NPS-28: Cultural Resource Management Guideline)
National Register of Historic Places (National Register): The comprehensive list of districts, sites, buildings, structures, and objects of national, regional, state, and local significance in American history, architecture, archeology, engineering, and culture kept by the NPS under authority of the National Historic Preservation Act of 1966. (NPS-28: Cultural Resource Management Guideline)
Native Hawaiian: Any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. (36 CFR 800.16(s)(2))
Native Hawaiian Organization: Any organization which serves and represents the interests of Native Hawaiians; has as a primary and stated purpose the provision of services to Native Hawaiians; and has demonstrated expertise in aspects of historic preservation that are culturally significant to Native Hawaiians. (36 CFR 800.16(s)(1))
Park: Units of the National Park System designated as national parks, national monuments, national preserves, national reserves, national lakeshores, national seashores, national rivers, national trails, national historic sites, international historic sites, national military parks, national battlefields, national historical parks, national recreation areas, national memorials, national parkways and other stewardship lands that are under NPS management.
Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. (Secretary's Treatment Standards)
Previously Disturbed: Refers to past direct, indirect, and cumulative disturbances within the area of potential effect (APE) for the undertaking. The disturbances within an area's surface dimensions, alignment, and depth must have been documented by a qualified archeologist prior to the project under review.
Programmatic Agreement: The Programmatic Agreement is among the National Park Service, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers. It establishes a program for compliance with Section 106 of the National Historic Preservation Act.
Reconstruction: The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. (Secretary's Treatment Standards)
Rehabilitation: The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. (Secretary's Treatment Standards)
Restoration: The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. (Secretary's Treatment Standards)
Salvage: Recovery, protection and reuse of elements of a historic property.
Standard Review Process: The Standard Review Process in this PA refers to the procedures set forth in the ACHP's regulations implementing Section 106 compliance, found at 36 CFR Part 800. The Standard Review Process must be used for all undertakings that do not meet the criteria for the Streamlined Review Process.
State Historic Preservation Officer (SHPO): The official appointed or designated pursuant to Section 101(b)(1) of the NHPA to administer the State historic preservation program or a representative designated to act for the State Historic Preservation Officer. (36 CFR 800.16(v))
Streamlined Activity: Proposed undertakings for the streamlined review process are called "streamlined activities" under the 2008 Programmatic Agreement. The term replaces the use of "nationwide programmatic exclusions" under the 1995 Programmatic Agreement.
Streamlined Review Process: The Streamlined Review Process in the 2008 PA is an expedited review for designated undertakings that meet established criteria. It is conducted by the Park Section 106 Coordinator, appropriate members of the Cultural Resource Management Team, and the Superintendent. The process requires no further project-by-project review by the ACHP, SHPO/THPO, federally recognized Indian Tribes, or Native Hawaiian organizations for the designated undertakings.
Superintendent: The senior on-site NPS official in a park. (NPS Management Policies 2006)
Traditionally Associated Peoples: Social/cultural entities such as tribes, communities, and kinship units, as well as park neighbors, traditional residents, and former residents who remain attached to a park area despite having relocated, are "traditionally associated" with a particular park when (1) the entity regards park resources as essential to its development and continued identity as a culturally distinct people; (2) the association has endured for at least two generations (40 years); and (3) the association began prior to establishment of the park. (NPS Management Policies 2006)
Treatment: Cultural resources are subject to several basic treatments, including (1) preservation in their existing states; (2) rehabilitation to serve contemporary uses, consistent with their integrity and character; and (3) restoration to earlier appearances by the removal of later additions and replacement of missing elements. Decisions regarding which treatments will best ensure the preservation and public enjoyment of particular cultural resources will be reached through the planning and compliance process. (NPS Management Practices, 2006, 5.3.5)
Tribal Historic Preservation Officer (THPO): The tribal official appointed by the tribe's chief governing authority or designated by a tribal ordinance who has assumed the responsibilities of the State Historic Preservation Officer for purposes of Section 106 compliance on tribal lands in accordance with Section 101(d)(2) of the National Historic Preservation Act. (36 CFR 800.16(w))
Tribal Lands: All lands within the exterior boundaries of any Indian reservation and all dependent Indian communities. (36 CFR 800.16(x))
Undertaking: A project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval. (36 CFR 800.16(y))