/ NASA
Procedural
Requirements / NPR 8510.1A
Effective Date: June 20, 2017
Expiration Date: September 15, 2022

NASA Cultural Resources Management

Responsible Office: Office of Strategic Infrastructure

Table of Contents

Preface

P.1 Purpose

P.2 Applicability

P.3 Authority

P.4 Applicable Documents and Forms

P.5 Measurement/Verification

P.6 Cancellation

Chapter 1.Cultural Resources Management Program Roles and Responsibilities

1.1Introduction

1.2Headquarters

1.3Centers

Chapter 2.Cultural Resource Management Program Requirements

2.1General

2.2NHPA Compliance

2.3Archaeological Resources

2.4Tribal Consultation

2.5Coordination with NEPA

2.6Training and Professional Qualifications

2.7Inventory and Records Management

2.8NASA Artifacts and Heritage Assets

Chapter 3. Integrated Cultural Resources Management Plan

3.1Overview

3.2ICRMP Review and Submittal

3.3ICRMP Requirements

Appendix A. Definitions

Appendix B. Acronyms

Appendix C. Components of an Integrated Cultural Resource Management Plan

Preface

P.1 Purpose

  1. This NASA Procedural Requirement (NPR) implements applicable requirements for the Cultural Resources Management (CRM) Program under NASA Policy Directive (NPD) 8500.1,NASA Environmental Management, in accordance with the National Historic Preservation Act of 1966 (NHPA), as amended, 54 U.S.C. 300101 et seq.; its implementing regulations (Protection of Historic Properties, 36 CFR Part 800); the Archaeological Resources Protection Act (ARPA) of 1979, 16 U.S.C. 470; Executive Order (E.O.) 13287, Preserve America; and the National Environmental Policy Act of 1969(NEPA), 42 U.S.C. §§ 4321 and 4331; and its Council on Environmental Quality (CEQ) regulations 40 CFRpt. 1501.
  2. This NPR establishes requirements, roles, and responsibilities for Native American Consultation (NAC) in accordance with the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq. and its Final Rule (43 CFR pt. 10); the American Indian Religious Freedom Act, as amended, 42 U.S.C. §§ 1996 and 1996a; Religious Freedom Restoration Act, 42 U.S.C. §2000bb‒§ 2000bb-4; E.O. 13007, Indian Sacred Sites; E.O. 13175, Consultation and Coordination with Indian tribal governments; Presidential Memorandum, Government-to-Government Relations with Native American Tribal Governments, 59 Federal Register (Fed. Reg.) 10877(May 4, 1994); Presidential Memorandum, Tribal Consultation, 74 Fed. Reg. 57879 (Nov. 9, 2009); and other laws, regulations, and E.O.s related to cultural resources.
  3. NASA is committed to be a steward of cultural resources, and implementation of this NPR will ensure preservation of their significance to NASA’s mission, communities, and the history of our Nation in accordance with The Secretary of the Interior’s (SOIs) Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act, 63Fed. Reg. 20496 (April 24, 1998).

P.2 Applicability

  1. This directive is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. This language applies to JPL (a FederallyFunded Research and Development Center (FFRDC)), other contractors, recipients of grants, cooperative agreements, or other agreements only to the extent specified or referenced in the applicable contracts, grants, or agreements.[1]
  1. NASA Mission Directorates will reference this NPR in policy and guidance affecting NASA’s cultural resources, including the requirement to fund programs and projects to meet NHPA compliance requirements.
  2. NASA institutional and support offices will reference this NPR in policy and guidance documents that involve or affect NASA’s cultural resources and will support the CRM Program.
  3. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term “shall.” The terms: “may” or “can” denote discretionary privilege or permission, “should” denotes a good practice and is recommended, but not required, “will” denotes expected outcome, and “are/is” denotes descriptive material.
  4. In this NPR, all document citations are assumed to be the latest version unless otherwise noted.

P.3 Authority

  1. Archaeological Resources Protection Act, 16 U.S.C. § 470aa–470mm (1979).
  2. Federally Recognized Indian Tribe List Act, 25 U.S.C. § 5130 et seq. (1994).
  3. Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001 et seq. (1990).
  4. American Indian Religious Freedom Act, 42 U.S.C. § 1996 (1978).
  5. Religious Freedom Restoration Act, 42 U.S.C. § 2000bb–42 U.S.C. § 2000bb-4 (1993).
  6. National Environmental Policy Act, 42 U.S.C. § 4321 and §§ 4331– 4335 (1969).
  7. The National Aeronautics and Space Act, 51 U.S.C. § 20113(a).
  1. National Historic Preservation Act, 54 U.S.C. 300101 et seq. (1966).
  2. Protection and Enhancement of the Cultural Environment, E.O. 11593,3 CFR 8921, 1971–1975 Comp., p. 559 (1971).
  3. Environmental Effects Abroad of Major Federal Actions, E.O. 12114,44 FR 1957, 3 CFR Comp., p. 356 (1979).
  4. Locating Federal Facilities on Historic Propertiesin Our Nation’s Central Cities, E.O. 13006, 61 Fed. Reg. 35736, p. 35736 (1996).
  5. Indian Sacred Sites, E.O. 13007, 3 CFR Comp., p. 196 (1996).
  6. Consultation and Coordination with Indian Tribal Governments, E.O. 13175, 65 Fed. Reg. 67249, p. 67249–67252 (2000).
  7. Preserve America, E.O. 13287,68 Fed. Reg. 43, p. 10635-10638 (2003).
  8. Federal Real Property Asset Management, E.O. 13327, 73 Fed. Reg. 2167, p. 2167-2168 (2004).
  9. Curation of Federally-Owned and Administered Archaeological Collections, 36 CFR pt. 79 (1990).
  10. Protection of Historic Properties (The Advisory Council on Historic Preservation’s Regulations for Implementing Section 106 of NHPA), 36 CFR pt. 800.
  11. Native American Graves Protection and Repatriation Act Regulations, 43 CFR pt. 10 (1995).
  12. NPD 8500.1, NASA Environmental Management.

P.4 Applicable Documents and Forms

  1. National Register of Historic Places, 36 CFR pt. 60 (1981).
  1. Procedures for State, Tribal, and Local Government Historic Preservation Programs,
    36 CFRpt. 61 (1999).
  2. National Historic Landmarks Program, 36 CFRpt. 65 (1983).
  3. Secretary of the Interior’s Standards for the Treatment of Historic Properties, 36 CFR pt. 68 (1995).
  4. Presidential Memorandum, Government-to-Government Relations with Native American Tribal Governments, 59 Fed. Reg. Doc. 94-10877, May 4, 1994.
  5. Presidential Memorandum, Tribal Consultation, 74 Fed. Reg. 57879, Nov. 9, 2009, pp. 57879–57882.
  6. Secretary of the Interior’s Standards and Guidelines for Federal Agency Historic Preservation, 63 Federal Register Doc. 20496 (1998).
  7. Secretary of the Interior’s Historic Preservation Professional Qualification Standards, 62 Federal Register Doc. 33708 (1997).
  8. Statement of Federal Financial Accounting Standards No. 29, Heritage Assets andStewardship Land, July 7, 2005.
  9. NPD 1000.0,NASA Governance and Strategic Management Handbook.
  10. NPD 1000.3,The NASA Organization.
  11. NPD 1440.6,NASA Records Management.
  12. NPD 8500.1,NASA Environmental Management.
  13. NPD 8800.14,Policy for Real Estate Management.
  14. NPD 8820.2, Design and Construction of Facilities.
  15. NPR 1387.1, NASA Exhibits Program.
  16. NPR 1441.1, NASA Records Management Program Requirements.
  17. NRRS 1441.1, NASA Records Retention Schedules.
  18. NPR 4200.1, NASA Equipment Management Procedural Requirements.
  19. NPR 4300.1, NASA Personal Property Disposal Procedural Requirements.
  20. NPR 4310.1,Artifact Identification and Disposition.
  21. NPR 7120.5,NASA Space Flight Program and Project Management Requirements.
  22. NPR 8553.1,NASA Environmental Management System.
  23. NPR 8800.15,Real Estate Management Program.
  24. NPR 8820.2, Facility Project Requirements.
  25. NPR 9250.1, Property, Plant, and Equipment and Operating Materials and Supplies.

P.5 Measurement/Verification

a.For Agency-level requirements, metrics are to be developed to reflect existing and future reporting requirements of Congress, the Office of Management and Budget, the Advisory Council on Historic Preservation, the Department of the Interior, and other external oversight agencies, as needed.

b.The NASA Headquarters Environmental Management Division(EMD) conducts an Environmentaland Energy Functional Review (EEFR), including an audit of the Environmental Management System, in accordance with NPR 8553.1 every threeyears.

P.6 Cancellation

NPR 8510.1,Cultural Resource Management Policy, dated June 20, 2012.

1

CHAPTER 1.Cultural Resources Management Program Roles and Responsibilities

1.1Introduction

1.1.1The roles and responsibilities of senior management are defined in NPD 1000.0, NPD 1000.3, and NPD 8500.1. The following are key roles and responsibilities for establishing, assigning, and maintaining CRM Program requirements. Responsibilities specific to a position title may be delegated by the responsible person.

1.1.2Additional responsibilities associated with specific CRM requirements are included in Chapters 2 and 3.

1.2Headquarters

1.2.1The Assistant Administrator for the Office of Strategic Infrastructure (OSI) shall:

  1. Serve as and fulfill the Senior Policy Official (SPO) responsibilities specified in E.O.13287, including appointing a Federal Preservation Officer (FPO).
  1. Promulgate CRM policy and guidance and promote cultural resources management requirements across NASA.
  2. Represent NASA in establishing a government-to-government relationship with Federallyrecognized tribes (unless otherwise delegated to Center Directors).

1.2.2The Agency CRM Program Manager shall:

  1. Fulfill the following programmatic requirements:

(1)Fulfill the requirements of the FPO in accordance with the NHPA and E.O. 13287.

(2)Oversee and coordinate NASA’s activities under NHPA and other applicable laws, regulations, E.O.s, and Presidential Memoranda regarding cultural resources.

(3)Establish and maintain a CRM awareness program to educate and inform NASA of its historic properties and CRM responsibilities.

(4)Provide direction and guidance on the Agency’s CRM Program and NAC to Centers and Mission Directorates.

(5)Update the Agency CRM policies and guidance as needed.

(6)Assist in resolving Center disputes regarding appropriate measures for cultural resources compliance.

(7)Sign nominations of NASA-administered historic properties to the National Register of Historic Places (NRHP).

(8)Develop Programmatic Agreements (PAs) and Memoranda of Agreement (MOAs) on behalf of the Agency.

(9)Review and concur with Center Integrated Cultural Resources Management Plans (ICRMPs), NHPA PAs or MOAs, Native American Graves Protection and Repatriation Act (NAGPRA) Comprehensive Agreements (CAs) and Plans of Action, and other cultural resources agreements and actions after Center legal review.

(10)Assist Center Cultural Resources Managers (Center CRMs) in interaction with the Advisory Council on Historic Preservation (ACHP), SOI, Native Americans, and the NASA Headquarters Offices with matters regarding CRM.

  1. Fulfill the following outreach requirements:

(1)Serve as the Agency liaison for Native American affairs.

(2)Promote the mission, economic,and social benefits of the CRM Program within Agency leadership.

(3)Coordinate with the NASA Office of Procurement to include contract and grant clauses that cover cultural resources issues, as appropriate.

(4)Represent the Agency and CRM Program to the ACHP andat external and internal meetings (e.g., interagency FPO meetings, NASA CRM Panel Meetings).

  1. Fulfill the following data management and reporting requirements:

(1) MonitorAgency compliance with the management and reporting requirements of NHPA and other applicable statutes, regulations, and E.O.s related to CRM.

(2)Fulfill annual reporting requirements as stipulated in the NASA National Historic Landmarks (NHL)PA.

(3)Update and prepare reports on real property heritage assets for financial reporting in accordance with Statement of Federal Financial Accounting Standards (SFFAS) No. 29and NPR 9250.1.

1.2.3The Headquarters Facilities and Real Estate Division shall:

  1. Support the implementation of NASA’s CRM Program through policy pursuant to
    NPD 8800.14, NPD 8820.2, and guidance pursuant to NPR 8800.15 and NPR 8820.2.
  1. Reference this NPR in Agency policy, guidance, and training materials that relate to the management of real property.
  2. Inform the NASA Agency CRM Program Manager of approved Construction of Facilities (CoF) and Demolition projects, as requested.
  3. Provide real property data to Center CRMs for use in the NASA Environmental Tracking System (NETS) database CRM Module.
  4. Utilize data provided in the NETS CRM Module to populate the historic status and heritage asset fields in the Agency real property database.
  5. Maintain up-to-date information for heritage assets for financial reporting in accordance with SFFAS No. 29.

1.2.4Mission Program and/or Project Managers shall:

  1. Coordinate with NASA’s FPO or Center CRM, as appropriate, prior to development of project budgets and planning documents, to ensure cultural resources management issues (both within and outside the United States) are considered and programmed during the project formulation phase and reevaluated throughout implementation in accordance with NHPA,
    E.O. 12114, NPR 7120.5, and NPR 8820.2.
  1. Coordinate with NASA’s FPO or Center CRM regarding any closeout activities associated with programs and projects that are terminating to identify potential NHPA and NAC cultural resources management issues that may require budget and compliance considerations.
  2. Notify the FPO or the CenterCRM immediately if an activity is likely to affect a historic property or results in discovery of archaeological resources or human remains or impact to a property that has been identified as culturally significant by federally recognizedtribes, Alaskan Natives, or Native Hawaiian Organizations.

1.2.5The Office of General Counsel shall:

  1. Review and approve Agency-wide NHPA agreement documents prior to signature and execution.
  1. Serve as legal advisor to the Agency CRM Program Manager for cultural resources management issues.

1.3Centers

1.3.1Center Directors[2] shall:

  1. Ensure Center compliance with the applicable laws, regulations, and E.O.s related to cultural resources.
  1. Ensure funding is available to implement and maintain NASA CRM Program activities at the Center, to include conducting periodic inventory and evaluation of historic properties and curating archaeological collections and associated records.
  2. Serve as the Federal Agency Official in accordance with NHPA, as defined in 36 CFR
    pt. 800 and NAGPRA, as defined in 43 CFR pt. 10.
  3. Serve as the Federal Land Manager for complying with ARPA.
  4. Serve as the Federal Agency Official, as defined in 36 CFRpt. 79, with management authority over the Center’s archaeological collections.
  5. Ensure that Center procedures are aligned with the Agency requirements for cultural resources compliance, records retention, and disposal of artifacts. (See NPR 4310.1.)
  6. Appoint a Center CRM for the Center to manage and implement the CRM Program.
  7. Notify, in writing, the Agency CRM Program Manager, the respective State Historic Preservation Officer (SHPO), and any federally recognized tribes, as appropriate, of the Center CRM appointment.
  8. Ensure that the Center CRMhas the authority, qualifications, and resources to carry out their role and responsibilities to comply with applicable CRM regulations and this NPR.
  9. Establish a processfor integrating CRM into Center master and mission planning that includes early coordination with other programs, tenants, and projects and integration of the Center ICRMP into other Center planning documents.
  10. Support initiatives to educate and inform Center personnelof CRM and NAC compliance responsibilities and include Center Native American employees, as appropriate.
  11. Obtain appropriate training regarding government-to-government consultation to qualify for delegated authority from the Assistant Administrator, OSI.
  12. Adjudicate Center disputes concerning the interpretation and implementation of CRM requirements.

1.3.2Center CRMs, formerly Historic Preservation Officers(HPO),[3]shall:

  1. Implement NASA CRM Program activities in compliance with this NPR and sections 106 and 110 of NHPA, as well as ARPA, NAGPRA, E.O. 13175, and other applicable cultural resources laws and regulations.
  1. Develop and maintain an up-to-dateICRMP that meets the requirements of this NPR toidentify and managecultural resources.
  2. Review all construction, modification, and demolition projects to determine likely effect of the proposed activity on any historic property, including archaeological sites and properties of traditional religious and cultural importance to Native Americans, and complete compliance procedures in accordance with Section 106 of the NHPA, as appropriate.
  3. Ensure that appropriate project personnel are familiar with Center Standard Operating Procedures for unanticipated archaeological discoveries.
  4. Serve as the Center point ofcontact for the Agency CRM Program Manager, SHPO, Tribal Historic Preservation Officer (THPO)(for activities affecting tribal lands),Native Americans, ACHP, other consulting and interested parties,and the public for activities related to the CRM Program.
  5. Coordinate with the Center NEPA Manager to ensure CRM and NEPA processes are well integrated.
  6. Provide timely responses to Agency CRM data calls (e.g., E.O.13287and ARPA).
  7. Ensure that appropriate Center records are uploaded into the NETS CRM Module in accordance with Section 2.7.5 of this NPR and are kept updated and maintained.
  8. Respond to inquiries or data calls from the regional National Park Service (NPS) regarding NHLs. (See 36 CFRpt. 65.)
  9. Notifythe Agency CRM Program Managerin the event of an adverse effect to a historic property that will require the development of an NHPA agreement document or to any NHL.
  10. Advise and seek Center Director and FPO concurrence on nominating historic properties to the NRHP.
  11. Ensure information about the location, character, or ownership of a historic property (including archaeological sites) is safeguarded in accordance with the NHPA, ARPA, and this NPR.
  12. Encourage development of partnerships in accordance with E.O. 13287to support and foster public-private initiatives and investment in the use, reuse, and rehabilitation of historic properties.
  13. Ensure the SOI’s Standards for the Treatment of Historic Properties are followed as closely as practical for Center projects involving historic properties.
  14. Coordinate with appropriate personnel to ensure that the NASA Real Property Management System (RPMS) accurately identifiesall historic propertiesat the Center and that Center maps and plans protect the locations of culturally sensitive sites.
  15. Provide input to the Center Property Disposal Officer on the identification of artifacts prior to disposal of personal property.
  16. Provide training to educate and inform Center personnel of CRM and NAC compliance responsibilities.
  17. Ensure official CRM records are managed in accordance with NPD 1440.6, NPR 1441.1, and NRRS 1441.1.

1.3.3Center CoF Program Managers shall:

  1. Reference this NPR in applicable program and project planning documents in accordance with NPR 7120.5and NPR 8820.2.
  1. Coordinate with the Center CRM to identify potential NHPA and NAC requirements when planning new mission needs and construction, renovation,ordemolition/deconstruction activities.
  2. Includecost and schedule needs for NHPA compliance and NAC activities in proposed project plans at the earliest stages of planning, including CoF funding prioritization.
  3. Ensure cultural resources program requirements are fulfilled prior to project implementation.

1.3.4Center Facility Project Managers (FPM) shall:

a.Ensureapplicable forms are completed and permits obtained during the project planning phase and prior to project startup (e.g., environmental checklists, siting requests, and dig permits).

b.Notify the Center CRM immediately if an activity results in discovery of archaeological resources or human remains or has an unanticipated effect on a historic property.

c.Ensure that contracts, licenses, and grants include applicable NHPA, ARPA, NAGPRA, state, and NASA internal CRM requirements, as applicable.

d.Ensure any demolition approval requests include information regarding the historic status of the property and the status of any necessary environmental review (NEPA and NHPA)and are coordinated with the Center Real Property Accountable Officer (RPAO) and Center CoF Program Manager.

  1. Coordinate with the Center CRM to ensure work on historic properties complies with 36 CFR Part 800, Protection of Historic Properties, prior to rewarding a Design-Bid-Build, Design-Build, Demolition, or Deconstruction contract, in accordance with NPR 8820.2.
  2. Coordinate with the Center CRM to ensure any mitigation or design requirements for compliance with 36 CFR Part 800, Protection of Historic Properties, are included in a Design-Build request for proposal (RFP) prior to issuance.

1.3.5Center NEPA Managers shall:

  1. Inform the Center CRM of proposed on-Center actions or international actions that may affect historic properties or the United Nations Educational, Scientific, and Cultural Organization (UNESCO)World Heritage Sites.
  1. Meet regularly with the Center CRMs to discuss potential cultural resources requirements of proposed actions or alternatives.
  2. Provide the Center CRM draft NEPA documents (EAs/EISs) for review and concurrence.
  3. Coordinate with the Center CRM the distribution of NEPA documents for actions involving Section 106 consultation.
  4. Coordinate with the Center CRM on actions that may require tribal consultation.
  5. Involve the Center CRM and/or Agency CRM Program Manager when cultural resources issues may be addressed in public meetings.
  6. Seek Center CRM review and concurrence of cultural resources information presented in the Center Environmental Resource Document (ERD).
  7. Seek Center CRM concurrence when considering substituting NEPA to meet NHPA consultation requirements in accordance with 36 CFR 800.8(c).

1.3.6Center GIS Managers shall:

  1. Ensure information about the location, character, or ownership of a historic property (including archaeological sites) is safeguarded in accordance with the NHPA, ARPA, and this NPR.
  1. Coordinate with Center CRM regarding any requests for information about the location, character, or ownership of a historic property (including archaeological sites) prior to releasing data.

1.3.7Center Chief Counsel shall: