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NATHPO comments to the FCC proposed Nationalwide Programmatic Agreement for Certain Undertakings

Natural Resources Conservation Service Historic Preservation Program
Section 106 Notes

Programmatic Agreement Among the United States Department of Agriculture Natural Resources Conservation Service, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers Relative to: Conservation Assistance

This nationwide agreement, which was executed May 31, 2002, allows NCRS State offices, federally recognized Indian tribes, and State Historic Preservation Officers to streamline review of individual resource conservation activities.

Because many resource conservation needs are unique to a particular State or region, the agreement establishes broad standards and procedures that enable parties to tailor their own agreements to local resource conservation needs. This flexibility allows parties to focus on NRCS activities that have the greatest potential to affect historic properties. Activities that have the least potential to affect historic properties will no longer be subject to the formal Federal historic preservation review process.

NRCS and the National Conference of State Historic Preservation Officers (NCSHPO) also signed the agreement, which was developed by ACHP, NRCS, and a committee of State Historic Preservation Officers representing NCSHPO. NRCS also solicited comments from the 572 federally recognized Indian tribes through direct nation-to-nation communication and through NRCS’ State and Regional Tribal Liaisons, American Indian and Native Alaskan Employees Association, and American Indian Program Manager. Also consulted were the Inter-Tribal Agriculture Council and the Southwest Indian Agricultural Association.


NEWS RELEASE
U.S. Sentencing Commission
One Columbus Circle, NE
Washington, DC 20002-8002

For Immediate Release
March 25, 2002 Contact: Michael Courlander
Public Affairs Officer
(202) 502-4597

SENTENCING COMMISSION INCREASES PENALTIES FOR CRIMES AGAINST CULTURAL HERITAGE

WASHINGTON, D.C. (March 25) – At its March 20, 2002, public meeting, the United States Sentencing Commission unanimously voted to amend the federal sentencing guidelines to provide increased punishment for crimes against the nation’s cultural heritage (e.g., vandalizing the Vietnam Memorial, stealing a Native American ceremonial mask, destroying the Liberty Bell). For the past two years, the Commission had been considering guideline changes that would provide (1) greater guidance to judges in evaluating the harm caused by cultural heritage resource crimes and (2) increased punishment for these offenses. Said Commission Chair, Judge Diana E. Murphy, “The events of September 11th have underscored the importance of the symbols of our nation’s heritage and culture. The promulgation of a separate guideline for cultural heritage resource crimes is the Commission’s way of increasing this awareness and helping to preserve these treasures.”

The Sentencing Commission undertook consideration of this matter in response to concerns that the current guidelines inadequately address the unique harms caused by cultural heritage resource crimes. These concerns had been expressed by many Native American tribes and communities, the Departments of Justice and Interior, the Society of American Archaeology, and the American Association of Museums, among others. Cultural heritage resource crimes are fundamentally different from general property crimes, in which the primary harm typically is pecuniary in nature. While cultural heritage crimes often involve pecuniary harms, they also involve great non-pecuniary, intangible harms. Consequently, the Commission determined that punishment of these crimes should take into account the transcendent and irreplaceable value of cultural heritage resources.

The new guideline passed by the Commission also provides for increased punishment when the crime involves (1) places that are dedicated to the preservation of cultural heritage resources and the education of the public or (2) historic and cultural resources specifically protected by federal law. The use of destructive devices or weapons and motives for commercial gain are additional factors that will increase the punishment under the new guideline. The Commission will submit this proposed guideline to Congress on May 1, 2002, together with other guidelines adopted during the current amendment cycle. The amendments will take effect November 1, 2002, unless Congress passes legislation disapproving them.

The U.S. Sentencing Commission, an independent agency in the judicial branch of federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. The resulting sentencing guidelines structure the courts’ sentencing discretion to ensure that similar offenders who commit similar offenses receive similar sentences. Since nationwide implementation in January 1989, federal judges have sentenced approximately 600,000 defendants under the guidelines.

American Indian Museums Program

Code Talk is a federal inter-agency Native American website designed specifically to deliver electronic information from government agencies and other organizations to Native American communities. Code Talk is hosted by the U.S. Department of Housing and Urban Development, Office of Native American Programs. The site contains links to key topics of interest such as the environment, health, and housing. It also provides links to resources such as maps, training centers, and libraries. A calender of events is also provided. 

Department of Health and Human Services
This is the United States government's principal agency for protecting the health of all Americans and providing essential human services.
  • Administration for Native Americans

  • Part of the Administration For Children and Families, ANA promotes the goal of social and economic self-sufficiency of American Indians, Alaska Natives, Native Hawaiians, and other Native American Pacific Islanders, including Native Samoans. The web site provides information about programs, reports, application kits, and links to related sites.
  • Indian Health Service

  • The Indian Health Services, an agency within the U.S. Dept. of Health and Human Services, is the principal federal health care provider and health advocate for Indian people. Its goal is to assure that comprehensive, culturally acceptable personal and public health services are available and accessible to American Indian and Alaska Native people. The site includes links to area offices, medical programs, and information technology resources.
  • Division of Tribal Services

  • Part of the Office of Community Services, the Division of Tribal Services is responsible for two programs: Tribal Temporary Assistance for Needy Families (TANF) and the Native Employment Works Program (NEW). The web site includes information concerning these two programs as well as links to related sites. It also assists in issues relating to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 (the Act) and related legislation. 
  • Administration on Aging Programs and Resources for Native American Elders

  • This website contains links to information on issues of concern to older Native Americans.
Department of Labor
The Department of Labor is charged with preparing the American workforce for new and better jobs, and ensuring the adequacy of America's workplaces. The web site contains media releases, statutes, regulations, and information about job openings and activities of the Department of Labor.
Department of Housing and Urban Development
HUD’s mission is to work toward a decent, safe, and sanitary home and suitable living environment for every American. 
  • Native Americans

  • Includes links for basic homebuyers, fair housing, and housing counseling, as well as links to other Native American federal programs and non-profit sites.
  • NAHASDA - Indian Housing Plan Homepage

  • This is the Office of Native American Program's official site for Indian Housing Plan Submissions and Status Tracking. It contains the text of the Native American Housing Assistance and Self-Determination Act of 1996 and related regulations, as well as, access to all publically available compliant plans. Part of this site is restricted to recipients.
  • Northwest Office of Native American Programs (NWONAP)

  • This site includes a staff directory and links to Northwest Tribes and Housing Authorities.
  • Southern Plains Office of Native American Programs (SPONAP)

  • This site includes a staff directory and links to Southern Plains Tribes and Housing Authorities.

IMLS Five State American Indian Tribal Libraries, Archives and Museums Project

The National Anthropological Archives collects and preserves historical and contemporary anthropological materials that document the world's cultures and the history of the discipline. Its collections represent the four fields of anthropology – ethnology, linguistics, archaeology, and physical anthropology – and include manuscripts, fieldnotes, correspondence, photographs, maps, sound recordings, film and video created by Smithsonian anthropologists and other preeminent scholars.

 

Bureau of Indian Affairs
BIA, an agency of the Department of the Interior, is responsible for program administration for federally recognized Indian tribes, and for promoting Indian self-determination. BIA also has a trust responsibility emanating from treaties and other agreements with Native groups. Their WWW site includes a map of judically established Indian land areas and a tribal leaders list, as well as links to other American Indian web sites. Please note: "Access to the DOI website has been restricted in compliance with a court order. Select DOI webpages will be made available to the public through a private internet service provider." 

  • Office of Indian Education Programs

  • OIEP provides quality education opportunities from early childhood throughout life in accordance with the Tribe's needs for cultural and economic well-being in keeping with the wide diversity of Indian Tribes and Alaska Native villages as distinct cultural and governmental entities.

National Park Service
The National Park Service preserves unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations. ParkNet, the NPS website, provides information about the history, culture and natural resources of the various national parks. 

  • Triabal Preservation Program

  • The Tribal Preservation Program assists Indian tribes in preserving their historic properties and cultural traditions. The site includes information about grants, funding, training programs, and offers links to tribal websites. 
  • National Archeological Database

  • The Center For Advanced Spatial Technologies (CAST) hosts the NADB Online System under a cooperative agreement with the National Park Service. Accessible are inventories of over 120,000 archeological investigations and maps displaying archaeological and environmental data at the state/country level. Documents related to guidance and compliance with the Native American Graves Protection and Repatriation Act are included.
U.S. Environmental Protection Agency
The Environmental Protection Agency safeguards the natural environment - air, water, and land. Sites of interest to Native Americans include:
  • Municipal Solid Waste Management in Indian Country

  • Information about the Municipal Solid Waste Program for Indian Country including financing, regulations, guidance, tribal programs, and links to other resources.
  • American Indian Environment Office

  • The American Indian Environmental Office (AIEO) coordinates and oversees the development and implementation of environmental protection policies and programs in Indian Country. Information about programs, policies, laws, regulations, publications, tribal contacts and grants can be found at this web site.
Bureau of the Census
This searchable database includes the latest Census statistics on Native Americans, Aleuts and Eskimos. Census also maintains a number of data tables on American Indians. 

Edward S. Curtis's The North American Indian
Edward S. Curtis's The North American Indian is "one of the most significant and controversial representations of traditional American Indian culture ever produced." The twenty volume set, covering eighty tribes, was issued from 1907-1930. The set is part of the Library of Congress American Memory Historical Collections for the National Digital Library. The volumes are organized by tribes and culture areas encompassing the Great Plains, Great Basin, Plateau Region, Southwest, California, Pacific Northwest, and Alaska. The collection contains over 2000 illustrations and can be searched by keyword or browsed by subject, Native American tribe, geographic location, or volume. 

National Museum of the American Indian
The National Museum of the American Indian, established by Congress in 1989, is dedicated to the preservation, exhibition and study of the life and culture of Native Americans. It is one of the museums of the Smithsonian Institution, an independent trust of the United States. The website offers information about exhibits, events, educational programs, and has extensive links to other resources related to Native Americans.

Office of Native American Liaison
The Office of Native American Liason, part of the U.S. Fish & Wildlife Service, serves as a point-of-contact for tribal conservation issues and develops guidance materials. The website can be searched by keyword. 

Laws and legislation on Native American affairs

Department of Justice
The mission of the Department of Justice is "to enforce the law and defend the interests of the United States according to the law." 
  • Office of Tribal Justice

  • The Office of Tribal Justice serves as a coordination center for all Department of Justice activities relating to Native Americans. The web site contains information about the Office of Tribal Justice and links to other Native American Resources.
  • American Indian & Alaska Native Affairs

  • The American Indian and Alaska Native Affairs Desk has been established to provide access to information regarding funding opportunities, training and technical assistance, and other information relevant to American Indian and Alaska Native tribes.
Internal Revenue Service
Indian Tribal Governments, an office of the Internal Revenue Service, was established to assist Indian tribes with federal tax matters. The website contains information regarding current issues affecting tribal governments, links to forms and publications frequently requested by tribal governments, links to regulations and rulings published by the IRS as they relate to tribal governments and links to other resources. 

Government Printing Office
GPO ACCESS provides online database access to the U.S.Code, Code of Federal Regulations, and Federal Register

  • The U.S. Code contains the codified general and permanent laws of the United States in effect as of January 16, 1996. Title 25 is the primary volume pertaining to Indians. 
  • The Federal Register is the official daily publication for Rules, Proposed Rules, and Notices of Federal agencies and organizations, as well as Executive Orders and other Presidential Documents. Vol. 59-63 (1994-1998) are available online.
  • The Code of Federal Regulations Title 25, Indians is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government about Native Americans and Native American affairs. 
THOMAS: Legislative Information on the Internet
THOMAS, launched by the Library of Congress in 1995, offers information about House and Senate bills, votes, and committees. It includes the Congressional Record and historical documents from 1774-1798. 

Senate Committee on Indian Affairs
The purpose of The United States Senate Committee on Indian Affairs is to study the unique problems of Native American, Native Hawaiian, and Native Alaskan people and to propose legislation to alleviate these difficulties. 

Small Business Administration
The office of Native American Affairs, an office of the Small Business Adminstration, provides information for business development and administers the Tribal Business Information Centers project. The Tribal Business Information Centers provide "culturally-tailored" business development assistance to current and prospective small business owners.

National Archives and Records Administration
NARA is an independent federal agency that preserves the nation's history by overseeing the management of all federal records. Search the NARA Archival Information Locator (NAIL) to locate and retrieve digital copies of selected textual documents, photographs, maps, and sound recordings relating to Native Americans. 

  • The Genealogy Page: American Indians

  • This select catalog lists the records published on microfilm by the National Archives and Records Administration (NARA) that relate directly to American Indians, to the formation of federal Indian policy, and to the personnel who created or enforced that policy.
  • Guide to the Records of the Bureau of Indian Affairs 

  • This is a guide to the National Archives federal records of the Bureau of Indian Affairs from 1793 to1989. 
General Accounting Office
Search GAO's databases to find reports evaluating government programs and activities for Native American housing, job training, and health care. 
GPO Access also provides a link to GAO Reports and Comptroller General Decisions.

Also, check out the list of government information products on Minorities available from the U.S. G.P.O.