1.3.5 Native Americans and Other Interested Publics. Section
106 of the National Historic Preservation Act requires the Navy
to take into account the interests of certain other organizations
and persons when planning activities that may affect historic
properties. It is necessary to notify and seek information from
such groups or persons and to allow them the opportunity to
participate in the Section 106 review process. In particular,
Indian tribes and other Native Americans often have concerns in
historic preservation issues that extend beyond the lands they
currently own (for instance, the interest of a relocated tribe in
its ancestral homeland or the interest of a tribe in lands near
its reservation that are no longer in Indian ownership) . The
SHPO should be asked-for help in identifying such issues and
groups. In addition, the Native American Grave Protection and
Repatriation Act of 1990 (NAGPRA) establishes that Indian and
Native Hawaiian artifacts and human remains that are discovered
in the course of Navy activities are the property of the cultural
group concerned. They must be properly inventoried and cared for
by the Navy and returned to the cultural group concerned, if
their return is requested. Advanced planning and coordination
with Native American groups is essential to avoid or minimize
work stoppages in such situations. Unless a Prior agreement has
been made with the cultural group with which the remains or
artifacts are associated, NAGPRA req uires an immediate work
stopp aqe of thirty days duration.
1.3.6 Local and Regional Preservation Associations. Local
and regional associations can have a great deal of influence on
historic preservation activities in their area. While they are
not regulating bodies, they can direct public sentiment relative
to any preservation projects within their jurisdiction.
Therefore, it is beneficial to the Navy to work with local
associations, as well as federal and state agencies, when
planning projects that may affect historic resources.
1.4 PROCESS AND ACTIVITY RESPONSIBILITIES. All federal agencies
are required by the National Historic Preservation Act (NHPA) of
1966, as amended in 1980, to protect the historic properties they
own or control. Agencies are required to have and follow a
program to identify, inventory, and nominate to the Secretary of
the Interior every resource that appears to meet the eligibility
criteria for listing on the National Register of Historic Places.
Agencies are required to see that their historic resources are
not inadvertently sold, demolished, moved, substantially altered,
or allowed to deteriorate significantly.
At the earliest stages of planning, the Navy is expected to "take
into account" any potential effects on its historic properties.
The Navy provides to the ACHP for comment all plans, projects, or
programs that are likely to affect resources listed or eligible
for listing on the National Register.