Compliance
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CULTURAL RESOURCES
Archeology
All of the actions proposed in this plan will
comply with the Archeological and Preservation Act of 1974 (16 USC 469), the
Archeological Resources Protection Act of 1979 (16 USC 470), the Native American
Graves Protection and Repatriation Act of 1990 (25 USC 3001 et seq.), and the
American Indian Religious Freedom Act (42 USC 1996).
Ethnography
The National Park Service initiated consultation
with the Klamath-Modoc-Yahooskin cultural committee at Chiloquin on March 12,
1997, meeting with Barbara Kirk, executive committee secretary and head of
tribal operations.
The National Park Service conducted consultations
with the same tribal organization preparatory to the completion of the 1995
Development Concept Plan
/Amendment to the General Management Plan / Environmental Impact Statement.
That document was concerned with
issues and actions at Rim Village that are the same as those of this visitor
services plan. Although the National Park Service provided the Klamath an
opportunity to comment on the 1995 plan, the tribe did not choose to comment.
History
The National Historic Preservation Act requires
all federal agencies to carry out their cultural resource management programs
according to national historic preservation policy. Section 106 of the act
requires federal agencies to consider the effects of their actions on historic
properties and seek comments from the Advisory Council on Historic Preservation.
The purpose of section 106 is to avoid unnecessary harm to historic properties.
The methodology for assessing impacts on cultural
resources involves several steps. These include: (1) identification of the
location of a proposed action; (2) comparison of that location with the location
of resources listed on, or eligible for listing on, the National Register of
Historic Places; (3) identification of the extent and type of impact of the
proposed action on National Register-listed or eligible properties; and (4)
assessment of those effects according to procedures established in 36 CFR Part
800, Protection of Historic Properties.
A proposed undertaking is considered to have an
"effect" on a historic property if it may in any way change the characteristics
that qualify that property for inclusion on the National Register of Historic
Places. If the undertaking would diminish the integrity of the property, it is
considered to have an "adverse effect." Historic properties for the purpose of
the regulations are those prehistoric or historic districts, sites, buildings,
structures, or objects listed on, or eligible for listing on, the National
Register of Historic Places.
On October I 1, 1996, the National Park Service formally
notified the Oregon State Historic Preservation Office that it was starting the
planning process for a visitor services plan for Crater Lake National Park. On
November 21, 1996, the Oregon State Historic Preservation Office acknowledged
the notification and agreed to participate in the planning process.
Section 106 compliance was completed through a June 23, 1998,
programmatic agreement between the National Park Service, Crater Lake National
Park, and the Advisory Council on Historic Preservation regarding the
Draft Visitor Services Plan /Environmental Impact
Statement, Crater Lake National Park, Oregon.
The agreement stipulated measures for mitigating
adverse effects on the plan and a process for review of individual actions.
