Appendix E Consultations APPENDIX E CONSULTATIONS The U.S. Department of Energy (DOE) began consultation efforts with the appropriate agencies, tribes, and members of the public prior to publication of the 2008 Notice of Intent in the Federal Register (FR) (73 FR 28437) and has continued consultations since. Such consultations are performed in accordance with the intent and spirit of the National Environmental Policy Act (NEPA) and with applicable Federal and state laws and Executive Orders, as described in the following sections. Additional information on applicable regulatory requirements is found in Chapter 8 of this Draft Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory (Draft SSFL Area IV EIS). E.1 Cultural Resources E.1.1 Regulatory Environment The National Historic Preservation Act (NHPA) provides for preservation of cultural resources and promotes a policy of cooperation between Federal agencies, states, tribes, and local governments. The NHPA created the Advisory Council on Historic Preservation to serve as an independent counsel on historic preservation issues to the President, Congress, and Federal and state agencies. This Act also requires agencies to consult with Native American tribes if a proposed Federal action may affect historic properties to which they attach religious and cultural significance. Supplementary guidance for Native American consultation under Section 106 is also available in Consultation with Native American Tribes in the Section 106 Review Process: A Handbook (ACHP 2008). The American Indian Religious Freedom Act sets the policy of the United States to “protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian…including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.” Executive Order 13007, Indian Sacred Sites, requires that, in managing Federal lands, agencies must accommodate access and ceremonial use of sacred sites, which may or may not be protected by other laws or regulations, and must avoid adversely affecting the physical integrity of these sites. The Presidential Memorandum on Government-to-Government Relations with Native American Tribal Governments specifies a commitment to developing more-effective day-to-day working relationships with tribal governments. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, reaffirms the U.S. Government’s responsibility for continued collaboration and consultation with tribal governments in the development of Federal policies that have tribal implications. This Executive Order also seeks to strengthen U.S. Government-to-Government relationships with Native American tribes and reduce the imposition of unfunded mandates upon those tribes. E.1.2 Federal, State, Local Agency, and Public Consultation DOE identified relevant Federal and local agencies that might have cultural resources concerns. Table E–1 lists the primary contacts made and DOE interactions in support of compliance with Section 106 of the NHPA (Title 36, Code of Federal Regulations, Section 800.2(c) [36 CFR 800.2(c)]). Correspondence with the California State Historic Preservation Officer (SHPO) initiated formal consultation for the proposed undertaking in 2009; the consultation relationship was renewed in 2014. DOE and SHPO continue to consult regarding the proposed undertaking and the associated Section 106 Programmatic Agreement. DOE is also consulting with concerned members of the public and tribes (see Tables E–2 and E–3) regarding the Section 106 Programmatic Agreement. E-1 Draft Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory Table E–1 SHPO and Other Section 106 Consultation-Related Contacts Recipient From Date Subject/Notes M. W. Donaldson, California SHPO Stephanie Jennings, DOE April 20, 2009 Request from DOE to initiate Section 106 and NEPA consultation with the California SHPO. Stephanie Jennings, DOE NEPA Cheryl Foster-Curley, June 3, 2009 E-mail regarding identification status of Manager SHPO buildings. Ms. Foster-Curley notes they will need to be evaluated, and Ms. Jennings replies that they have been and were found to be not eligible. Federal, state, and local agencies and members of Stephanie Jennings, DOE November 2009 Invitation to participate in a tour and interested public workshop focused on cultural and California State University Northridge natural resources found within Area IV California Department of Fish and and the NBZ at SSFL. Game, Region 5 California Department of Parks and Recreation California Native Plant Society Los Angeles/Santa Monica Mountains Chapter California State Assembly Cleanuprocketdyne.org and Aerospace Cancer Museum of Education Members of the local professional cultural resources community California OHP/SHPO Renewable Resources Group Santa Barbara Museum of Natural History Santa Monica Mountains Conservancy Santa Susana Mountain Park Association U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office West Hills Neighborhood Council Boeing EPA GSA NASA Site tour attendees DOE December 2, 2009 Tour and workshop focused on cultural California SHPO and natural resources found within California Department of Parks and Area IV and the NBZ at SSFL. Recreation California Native Plant Society Cleanuprocketdyne.org and Aerospace Cancer Museum of Education Members of the local professional cultural resources community Renewable Resources Group Santa Susana Mountain Park Association Board of Directors Santa Susana Mountain Park Association U.S. Fish & Wildlife Service West Hills Neighborhood Council EPA GSA NASA E-2 Appendix E – Consultations Recipient From Date Subject/Notes M. W. Donaldson, SHPO Craig Cooper, EPA June 3, 2010 Radiological characterization of Area IV. Although this letter is from EPA, not DOE, it regards Area IV, is phrased as Section 106 consultation, and is the result of an interagency cooperation agreement between DOE and EPA. Craig Cooper, EPA Susan Stratton for July 15, 2010 SHPO concurs with EPA’s finding of M. W. Donaldson, SHPO no adverse effect on historic properties. SHPO also concurs that the buildings are not eligible and “with your finding of not eligible for the 263 historic structures listed in Table 1 of the report: Historic Structures/Sites Report for Area IV of the Santa Susana Field Laboratory by Post/Hazeltine Associates.” M. W. Donaldson, SHPO Craig Cooper, EPA October 15, 2010 Radiological characterization of the NBZ. Although this letter is from EPA, not DOE, it regards Area IV, is phrased as Section 106 consultation, and is the result of an interagency cooperation agreement. M. W. Donaldson, SHPO Stephanie Jennings, DOE September 28, 2011 Package of information regarding consultation with tribes. M. W. Donaldson, SHPO Stephanie Jennings, DOE October 24, 2011 Package of information regarding location of geological trenching and archaeological sites. Carol Roland-Nawi, SHPO Stephanie Jennings, DOE February 11, 2013 Requests initiation of Section 106 and NEPA consultation. Stephanie Jennings, DOE Susan K. Stratton for February 15, 2013 Requests clarification of whether DOE Carol Roland-Nawi, intends to substitute NEPA for SHPO Section 106. Carol Roland-Nawi, SHPO Stephanie Jennings, DOE May 2013 Clarifies that DOE does not intend to use “substitution” to comply with Section 106. Stephanie Jennings, DOE Kathleen Martyn Goforth, April 2, 2014 Reiterates Section 106 and tribal Environmental Review consultation concerns per Executive Section, EPA Order 13007, Indian Sacred Sites. Carol Roland-Nawi, SHPO, represented DOE, plus NASA, April 24, 2014 SHPO tour. Includes representatives of on the tour by Susan K. Stratton and Boeing, and DTSC DOE, NASA, Boeing, and DTSC Ed Carroll, OHP cultural resources. Carol Roland-Nawi, SHPO; John Jones and December 16, 2014 Presentation on the DOE undertaking at Ed Carroll, Timothy Grant, and Stephanie Jennings, SSFL. Report on architectural history Brendon Greenaway, OHP DOE; and archaeological studies to date. John Wondolleck, Discussion of next steps in the CDM Smith; Section 106 process (definition of the Sandy Enyeart and APE and results of identification). Stephen Bryne, Leidos John Jones, DOE, ETEC Director Carol Roland-Nawi, February 25, 2015 Acknowledges initiation of Section 106 SHPO consultation and consultation regarding the APE; agrees that DOE’s determination of the APE is consistent with definition in 36 CFR 800.16(d) and encloses map of APE with approval signature. Ed Carroll, Brendon Greenaway, OHP Stephanie Jennings, DOE; April 10, 2015 Discussion of Section 106 steps. Sandy Enyeart, Consultation on APE (APE map signed Lorraine Gross, by Dr. Carol Roland-Nawi on Stephen Bryne, Leidos February 24, 2015). Discussion of the potential of an archaeological district for all of SSFL. SHPO input on Extended Phase I Work Plan. E-3 Draft Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory Recipient From Date Subject/Notes Ed Carroll, Timothy Grant, John Jones and November 5, 2015 Discussion of Section 106 status and Brendon Greenaway, and Stephanie Jennings, presentation of results of the Extended Annmarie Medin, OHP DOE; Phase I study. Delivered letter from John Wondolleck, DOE requesting