Effective Date: June 20, 2017
Expiration Date: September 15, 2023
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a. 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 CFR pt. 1501.
b. 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.
c. 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, 63 Fed. Reg. 20496 (April 24, 1998).
a. 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 Federally Funded 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
b. 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.
c. 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.
d. 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.
e. In this NPR, all document citations are assumed to be the latest version unless otherwise noted.
a. Archaeological Resources Protection Act, 16 U.S.C. § 470aa-470mm (1979).
b. Federally Recognized Indian Tribe List Act, 25 U.S.C. § 5130 et seq. (1994).
c. Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001 et seq. (1990).
d. American Indian Religious Freedom Act, 42 U.S.C. § 1996 (1978).
e. Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-42 U.S.C. § 2000bb-4 (1993).
f. National Environmental Policy Act, 42 U.S.C. § 4321 and §§ 4331- 4335 (1969).
g. The National Aeronautics and Space Act, 51 U.S.C. § 20113(a).
h. National Historic Preservation Act, 54 U.S.C. 300101 et seq. (1966).
i. Protection and Enhancement of the Cultural Environment, E.O. 11593, 3 CFR 8921, 1971-1975 Comp., p. 559 (1971).
j. Environmental Effects Abroad of Major Federal Actions, E.O. 12114, 44 FR 1957, 3 CFR Comp., p. 356 (1979).
k. Locating Federal Facilities on Historic Properties in Our Nation's Central Cities, E.O. 13006, 61 Fed. Reg. 35736, p. 35736 (1996).
l. Indian Sacred Sites, E.O. 13007, 3 CFR Comp., p. 196 (1996).
m. Consultation and Coordination with Indian Tribal Governments, E.O. 13175, 65 Fed. Reg. 67249, p. 67249-67252 (2000).
n. Preserve America, E.O. 13287, 68 Fed. Reg. 43, p. 10635-10638 (2003).
o. Federal Real Property Asset Management, E.O. 13327, 73 Fed. Reg. 2167, p. 2167-2168 (2004).
p. Curation of Federally-Owned and Administered Archaeological Collections, 36 CFR pt. 79 (1990).
q. Protection of Historic Properties (The Advisory Council on Historic Preservation's Regulations for Implementing Section 106 of NHPA), 36 CFR pt. 800.
r. Native American Graves Protection and Repatriation Act Regulations, 43 CFR pt. 10 (1995).
s. NPD 8500.1, NASA Environmental Management.
a. National Register of Historic Places, 36 CFR pt. 60 (1981).
b. Procedures for State, Tribal, and Local Government Historic Preservation Programs, 36 CFR pt. 61 (1999).
c. National Historic Landmarks Program, 36 CFR pt. 65 (1983).
d. Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR pt. 68 (1995).
e. Presidential Memorandum, Government-to-Government Relations with Native American Tribal Governments, 59 Fed. Reg. Doc. 94-10877, May 4, 1994.
f. Presidential Memorandum, Tribal Consultation, 74 Fed. Reg. 57879, Nov. 9, 2009, pp. 57879-57882.
g. Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation, 63 Federal Register Doc. 20496 (1998).
h. Secretary of the Interior's Historic Preservation Professional Qualification Standards, 62 Federal Register Doc. 33708 (1997).
i. Statement of Federal Financial Accounting Standards No. 29, Heritage Assets and Stewardship Land, July 7, 2005.
j. NPD 1000.0, NASA Governance and Strategic Management Handbook.
k. NPD 1000.3, The NASA Organization.
l. NPD 1440.6, NASA Records Management.
m. NPD 8500.1, NASA Environmental Management.
n. NPD 8800.14, Policy for Real Estate Management.
o. NPD 8820.2, Design and Construction of Facilities.
p. NPR 1387.1, NASA Exhibits Program.
q. NPR 1441.1, NASA Records Management Program Requirements.
r. NRRS 1441.1, NASA Records Retention Schedules.
s. NPR 4200.1, NASA Equipment Management Procedural Requirements.
t. NPR 4300.1, NASA Personal Property Disposal Procedural Requirements.
u. NPR 4310.1, Artifact Identification and Disposition.
v. NPR 7120.5, NASA Space Flight Program and Project Management Requirements.
w. NPR 8553.1, NASA Environmental Management System.
x. NPR 8800.15, Real Estate Management Program.
y. NPR 8820.2, Facility Project Requirements.
z. NPR 9250.1, Property, Plant, and Equipment and Operating Materials and Supplies.
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 Environmental and Energy Functional Review (EEFR), including an audit of the Environmental Management System, in accordance with NPR 8553.1 every three years.
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