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 Final Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory (Final 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 is consulting with SHPO, the Santa Ynez Band of Chumash Indians, non-federally recognized tribes, and other consulting parties to develop a Programmatic Agreement that will establish procedures for addressing adverse effects on historic properties. As required by the Section 106 process (36 CFR 800.2(d) and 800.3(e)), members of the public have been involved E-1 Final Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory through special meetings for Santa Susana Field Laboratory (SSFL) stakeholders and through avenues provided by the NEPA process. Table E–1 SHPO and Other Section 106 Consultation-Related Contacts Date Recipient From Subject/Notes April 20, 2009 M. W. Donaldson, California SHPO Stephanie Jennings, DOE Request from DOE to initiate Section 106 and NEPA consultation with the California SHPO June 3, 2009 Stephanie Jennings, DOE NEPA Manager Cheryl Foster-Curley, E-mail regarding identification status SHPO of 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. November 2009 Federal, State, and local agencies and members of Stephanie Jennings, DOE Invitation to participate in a tour and interested public workshop focused on cultural and California OHP/SHPO natural resources found within Area IV California State University Northridge and the NBZ at SSFL California Department of Fish and Game, Region 5 a 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 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 December 2, 2009 Site tour attendees DOE Tour and workshop focused on California SHPO cultural and natural resources found California Department of Parks and within 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 U.S. Fish & Wildlife Service West Hills Neighborhood Council EPA GSA NASA E-2 Appendix E – Consultations Date Recipient From Subject/Notes June 3, 2010 M. W. Donaldson, SHPO Craig Cooper, EPA 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. July 15, 2010 Craig Cooper, EPA Susan Stratton for 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.” October 15, 2010 M. W. Donaldson, SHPO Craig Cooper, EPA 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. September 28, 2011 M. W. Donaldson, SHPO Stephanie Jennings, DOE Package of information regarding consultation with tribes October 24, 2011 M. W. Donaldson, SHPO Stephanie Jennings, DOE Package of information regarding location of geological trenching and archaeological sites February 11, 2013 Carol Roland-Nawi, SHPO Stephanie Jennings, DOE Requests initiation of Section 106 and NEPA consultation February 15, 2013 Stephanie Jennings, DOE Susan K. Stratton for Requests clarification of whether DOE Carol Roland-Nawi, intends to substitute NEPA for SHPO Section 106 May 2013 Carol Roland-Nawi, SHPO Stephanie Jennings, DOE Clarifies that DOE does not intend to use “substitution” to comply with Section 106 April 2, 2014 Stephanie Jennings, DOE Kathleen Martyn Goforth, Reiterates Section 106 and tribal EPA, Region IX, consultation concerns per Executive Environmental Review Order 13007, Indian Sacred Sites Section April 24, 2014 Carol Roland-Nawi, SHPO, represented on DOE, plus NASA, SHPO tour. Includes representatives the tour by Susan K. Stratton and Boeing, and DTSC of DOE, NASA, Boeing, and DTSC Ed Carroll, OHP cultural resources December 16, 2014 Carol Roland-Nawi, SHPO; John Jones and Presentation on the DOE undertaking Ed Carroll, Timothy Grant, and Stephanie Jennings, at SSFL. Report on architectural Brendon Greenaway, OHP DOE; history and archaeological studies to John Wondolleck, date. 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 February 25, 2015 John Jones, DOE, ETEC Director Carol Roland-Nawi, 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. E-3 Final Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory Date Recipient From Subject/Notes April 10, 2015 Ed Carroll, Brendon Greenaway, OHP Stephanie Jennings, DOE; Discussion of Section 106 steps. Sandy Enyeart, Consultation on APE (APE map Lorraine Gross, signed 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. November 5, 2015 Ed Carroll, Timothy Grant, John Jones and Discussion of Section 106 status and Brendon