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NATIONWIDE PROG
RAMMATIC AGREEMENT
AMONG
THE COMMANDER NAVY INSTALLATIONS COMMAND,
THE NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS,
AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
REGARDING THE IMPROVEMENT, OPERATION, AND MAINTENANCE OF
PUBLIC SHIPYARDS AND SUPPORT FACILITIES
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WHERE
AS,
deficiencies in US Navy (Navy) public shipyard infrastructure, as identified by the
Government Accountability Office (GAO), require comprehensive engineering and systemic
improvement to meet the Navy’s Fleet readiness requirements (GAO-20-64: Naval Shipyards, Key
Actions Remain to Improve Infrastructure to Better Support Navy Operations (November 2019); GAO-
17-548: Naval Shipyards, Actions Needed to Improve Poor Conditions that Affect Operations (September
2017); GAO-20-588: Naval Shipyards: Actions Needed to Address the Main Factors Causing
Maintenance Delays for Aircraft Carriers and Submarines (August 2020)); and
WHEREAS, the Navy’s four public shipyards, located in the states of Hawai’i, Maine, Virginia and
Washington are primary components of national defense responsible for maintaining readiness of the
Navy’s Fleet of aircraft carriers and submarines; and
WHEREAS, the Navy Fleet readiness mission includes intermediate maintenance facilities and related
vessel maintenance support facilities (support facilities) in additional states and territories; and
WHEREAS, the Navy has established the Shipyard Infrastructure Optimization Program (SIOP) to plan
and program critical improvements at its public shipyards, pursuant to Senate Report 115-130,
accompanying S.1557, the Fiscal Year (FY) 2018 Military Construction, Veterans Affairs, and Related
Agencies Appropriations Bill, and Senate Report 115-125, accompanying the FY 2018 National Defense
Authorization Act; and
WHEREAS, the SIOP mission is to address shipyard deficiencies and increase overall productivity and
capability, while continuing Fleet maintenance operations, in the foreseeable future; and
WHEREAS, the Navy’s Fleet readiness mission requires reliable schedules for planning, review, and
implementation of operations, maintenance, and improvement at shipyards and support facilities in a
manner that supports synchronized project implementation with minimal disruption of the ongoing
shipyard maintenance requirements; and
WHEREAS, SIOP is developing plans for optimizing the shipyards through an initial review of
infrastructure problems per the 2018 SIOP Report to Congress; engineering analysis, modeling,
simulation of industrial processes and work flows; development of Area Development Plans (ADP); and
execution of recapitalization projects to support near-term dry dock availabilities, shipyard maintenance
requirements, and long-term optimization goals; and
WHEREAS, Navy plans to conduct Undertakings at shipyards and support facilities that include, but are
not limited to, operations, maintenance, demolition, alteration, new construction, and adaptive use, and
are subject to review under Section 106 of the National Historic Preservation Act (NHPA), 54 USC §
306108, and its implementing regulations, 36 CFR Part 800; and
WHEREAS, the Navy recognizes the historic and cultural value of the public shipyards and support
facilities and the diversity of historic properties located within and around these facilities; and
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WHEREAS, the
Navy has determined that Undertakings may adversely affect historic properties, which
are listed in and eligible for listing in the National Register of Historic Places, and has consulted with the
National Conference of State Historic Preservation Officers (NCSHPO) and the Advisory Council on
Historic Preservation (ACHP) pursuant to 36 CFR § 800.14(b)(2), of the regulations implementing
Section 106 of the NHPA (54 USC § 306108) in order to develop a Nationwide Programmatic Agreement
(NPA) for Undertakings at public shipyards and support facilities, and to direct the development of local
management procedures (LMP) through which it will identify, evaluate, assess, and resolve the effects of
Undertakings; and
WHEREAS, the Navy has consulted with the State Historic Preservation Officers (SHPO) from Hawaii,
Maine, Washington, and Virginia, and they have participated in the development of this NPA; and
WHEREAS, the Navy has [will have] contacted all SHPOs and afforded opportunities to participate in
the development of this NPA; and
WHEREAS, the Navy has contacted the Aroostook Band of Micmacs, Catawba Indian Tribe,
Chickahominy Indian Tribe, Chickahominy Indian Tribe Eastern Division, Houlton Band of Maliseet
Indians of Maine, Monacan Nation, Nansemond Indian Nation, Pamunkey Indian Tribe, Passamaquoddy
Tribe of Maine, Penobscot Nation, Rappahannock Tribe, Suquamish Tribe, Tuscarora Nation, and Upper
Mattaponi Tribe, and has invited the Tribes to participate in the development of this NPA; and
WHEREAS, the Navy has contacted the Aliʻi Pauahi Hawaiian Civic Club, Oʻahu Council of Hawaiian
Civic Clubs, Office of Hawaiian Affairs, and Pearl Harbor Hawaiian Civic Club, and has invited the
Native Hawaiian Organizations (NHOs) to participate in the development of this NPA; and
WHEREAS, the Navy has consulted with the Interior Region 1 and Interior Regions 8, 9, 10, & 12 of the
National Park Service (NPS), in accordance with 36 CFR § 800.10(b), regarding potential effects of
Undertakings on National Historic Landmarks (NHL), and has invited the NPS to participate in the
development of this NPA; and
WHEREAS, the Navy has invited ʻAiea Community Association, American Society of Mechanical
Engineers, Archaeological Institute of America, Association for Washington Archaeology, Burke
Museum, City of Bremerton WA, City of Norfolk VA, City of Portsmouth NH, City of Portsmouth VA,
Coast Defense Study Group, Friends of the Norfolk Naval Shipyard Museum, Friends of the Portsmouth
Naval Shipyard Museum Inc., Hampton Roads Naval Historical Foundation, Hampton Roads Naval
Museum, Historic Hawaii Foundation, Historic New England, Kitsap County Planning Department,
Kitsap County Historical Society, Kittery Historical and Naval Society, Maine Preservation, National
Trust for Historic Preservation, Nauticus, New Castle Historical Society, New Hampshire Preservation
Alliance, Oahu Veterans Council, Olde Towne Foundation, Pearl Harbor Aviation Museum, Portsmouth
Historic Sites Associates, Portsmouth Historical Association and Hill House Museum, Portsmouth
Historical Society, Portsmouth Naval Shipyard Museum, Portsmouth Submarine Memorial Association,
Preservation Virginia, Society for American Archaeology, Society for Industrial Archaeology, Society of
American Military Engineers, Society of Architectural Historians, Strawbery Banke Museum, The
Archaeological Society of Virginia, The Maine Archaeological Society, The Mariners' Museum, The New
Hampshire Archaeological Society, The Portsmouth Naval Shipyard Historical Foundation, Town of
Kittery ME, USS Bowfin Submarine Museum and Park, USS Missouri Memorial Association,
Washington State Historical Society, and Washington Trust for Historic Preservation to consult on the
development of this NPA; and
WHEREAS, the Navy has conducted [shall conduct] public outreach through Federal Register
notification and the Navy’s information website, regarding the development of this NPA; and
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WHE
REAS, the Navy is aware of existing Section 106 agreements regarding public shipyards and
support facilities, and those agreements will be taken into account in the development of each LMP; and
WHEREAS, due to the nature of the SIOP mission requirements, the Navy has informed consulting
parties that avoidance and minimization of adverse effects from SIOP Undertakings may not be feasible
in all situations; and
WHEREAS, the procedures in this NPA include measures to minimize harm to any NHL that may be
directly and adversely affected by an Undertaking to the maximum extent possible; and
WHEREAS, the Navy’s national context and thematic study documenting the history of shipbuilding and
ship maintenance in the United States are adequate mitigation of visual effects to historic properties of
Undertakings at public shipyards and support facilities identified and consulted on, consistent with this
NPA; and
NOW, THEREFORE, the Navy, the NCSHPO, and the ACHP agree that Undertakings shall be
implemented in accordance with the following stipulations in order to take into account the effect of
Undertakings on historic properties.
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STIPULATIONS 123
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The Navy shall ensure that the following measures are carried out: 125
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I. ROLES AND RESPONSIBILITIES
A. The Commander Navy Installations Command (CNIC) through its Regional and
Installation chain of command shall ensure that the terms of this NPA are carried out.
1. The Navy shall identify in writing the applicable CNIC Commanding Officer
(CO) for locations where this NPA is to be implemented.
2. The Navy shall notify the parties to this NPA and LMP, as applicable, within
seven days of changes in command.
B. The ACHP shall …
C. The NCSHPO shall …
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II. APPLICABILITY
A. The NPA applies to all Navy Undertakings at Navy public shipyards in Hawai’i, Maine,
Washington, and Virginia, and those Undertakings located outside the boundaries of a public
shipyard that directly support shipyard operations.
1. Maps depicting the current geographic boundaries of each public are included in
Appendix XX. If Navy requires modifications to public shipyard boundaries, the
Navy shall distribute an updated map to the Signatories and appropriate SHPO
within seven days; no formal amendment of this agreement will be required.
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2. For the purposes of this NPA, U
ndertakings outside the shipyard are defined as
those actions with the primary purpose of providing essential support to
operations at a public shipyard and that would not be executed if not for Fleet
maintenance requirements at that shipyard.
B. This NPA applies to Navy Undertakings at additional support facilities, subject to the
requirements of Stipulation III.B.
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III. DEVELOPMENT OF LOCAL MANAGEMENT PROCEDURES
A. After execution of this NPA, the appropriate Navy installation with management
responsibilities for each public shipyard shall initiate consultation with the associated SHPO
(Hawai’i, Maine, Washington, and Virginia), NPS (when NHLs are located within the APE), and
other consulting parties regarding the development of an LMP to define the process through
which it will identify, evaluate, assess, and resolve effects of proposed Undertakings on historic
properties for the applicable shipyard.
1. The subject Navy installation shall use the LMP template as outlined in
Appendix XX as the basis of the consultation to develop an LMP to provide a
streamlined review process for Undertakings supporting shipyard operations and
facility actions.
a) The Navy consideration of adverse effects, other than visual, shall be
resolved through the LMP and the completion of a Mitigation Document
to finalize the resolution and formalize the Navy’s requirements for
mitigation.
b) The Navy nationwide mitigation (see Stipulation IV) adequately resolves
visual adverse effects to historic properties at Navy shipyards and
support facilities, and these effects shall not be part of the LMPs
streamlined review process and/or Mitigation Documents.
2. The LMP for the four Navy public shipyards in Hawai’i, Maine, Washington,
and Virginia shall be executed within 180 calendar days of initiation of
consultation by the appropriate Navy installation.
3. The Navy installation shall provide written notification to the appropriate SHPO,
and other identified consulting parties of the development of the LMP using the
template found in Appendix XX and provide a schedule of the consultation
milestones to meet the LMP development schedule. The date of the written
notification will be considered the initiation of the consultation. ACHP and
NCSHPO shall be provided a copy of the written notification for their files.
4. The Navy installation shall provide a draft of the LMP to the appropriate SHPO
and other consulting parties for their review and comment. SHPO and consulting
parties shall have 30 calendar days from receipt of the draft LMP to provide
comments. If no response is received at the end of the 30 calendar days following
confirmed receipt, the Navy shall assume there are no comments and proceed to
the next step of the LMP schedule. If comments are received, the Navy will
address any comments to the maximum extent feasible in the final LMP. If the
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Navy is unable to address a comment(s), the Navy will provide a memorandum
for
the record that responds to the comments and justification for why they were
or were not taken into account.
5. The Navy installation shall solicit comments from the public on the draft LMP
for a review period of 30 calendar days and shall incorporate comments to the
maximum extent feasible.
6. The Navy installation shall provide the final LMP to the SHPO for signature, and
if applicable NPS, and other consulting parties for comments. The LMP shall be
considered executed when the signatures of the Navy, SHPO and as appropriate,
NPS, are received. The fully executed LMP shall be provided to ACHP and
NCSHPO within 10 calendar days of execution.
7. If the Navy installation, and appropriate SHPO, and NPS where applicable, are
unable to come to agreement and execute the LMP within the 180-day period, the
Navy shall follow the dispute resolution process in accordance with Stipulation
VII.A.
8. If additional time is necessary to support finalization of the LMP and obtaining
signatures for execution, the Navy may provide written notification to the parties
with a proposal to extend the period and provide a revised schedule. The period
should not extend more than 90 calendar days. ACHP and NCSHPO will be
copied on the notification.
B. When the Navy identifies the need to develop an LMP for a support facility at an
additional location, the Navy shall notify the ACHP and the NCSHPO in writing of its intention
to initiate consultation with the appropriate SHPO to develop an LMP for the subject support
facility.
1. At least 60 days in advance of initiating consultation on an LMP for the support
facility, the Navy shall notify the appropriate SHPO, and [if an NHL is within the
APE, NPS], of its intention to fulfill its Section 106 responsibilities for actions to
improve, operate, and maintain the support facility by complying with terms of
this agreement and developing an LMP.
2. The Navy shall consult with SHPO, and [NPS, as applicable] on the applicability
of the NPA and its proposed implementation.
3. At the conclusion of the 60-day consultation period, or upon concurrence by
SHPO, the Navy shall initiate consultation consistent with Stipulation III.A to
develop and consult on an LMP for the additional location.
C. Each LMP shall be a binding local commitment subject to the terms of this NPA and
separate from LMPs at other locations.
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IV. NATIONWIDE MITIGATION OF ADVERSE VISUAL EFFECTS 249
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A. In recognition tha
t alterations to the shipyards and support facilities may adversely affect
the setting of historic properties at Navy installations, the Navy will address visual effects to
setting through a program of research, documentation, and public interpretation on the history of
shipyards, ship building, and ship maintenance in the US. The documentation program developed
in consultation with NPA stakeholders will be organized to meet scholarly research and public
communication goals.
B. Applicability
1. Nationwide mitigation as outlined in Stipulation IV. C. shall mitigate adverse
visual effects to historic properties at Navy installations caused by Undertakings
at public shipyards and support facilities and additional mitigation is not required
to mitigate adverse visual effects for those identified Undertakings.
2. Undertakings that will likely cause adverse visual effects, and will utilize the
nationwide mitigation, shall be identified in the LMP if known at time of LMP
development and/or provided as part of the annual reporting associated with the
LMPs.
C. Development of National Context and Thematic Study
1. Within 60 calendar days of executing this NPA, the Navy shall initiate the
process to develop a national context and thematic study documenting the history
and shipbuilding and ship maintenance in the US.
2. The Navy shall develop a project plan for nationwide shipyard mitigation that
identifies key goals, participants, review processes, timelines, and measures for
public distribution of project deliverables.
3. The Navy shall solicit and consider comments from all NPA stakeholders prior to
finalizing the project plan.
D. Development of an Interpretive Exhibition on Shipyard History
1. Within one year of executing this NPA, the Navy shall initiate the process for
developing an interpretive exhibition of shipyard history to be installed at the
National Museum of the United States Navy or other appropriate institution.
2. The Navy shall develop a project plan for development of the exhibition that
identifies key goals, participants, review processes, timelines, and measures for
public exhibition of project deliverables.
3. The Navy shall solicit and consider comments from all NPA stakeholders prior to
finalizing the project plan.
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V. TRAINING IN ADMINISTRATION OF THIS NPA 296
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A. Qualified Navy subject matter experts (SME
) shall conduct training in the administration
of this NPA, to include orientation for new employees and annual refresher training for Navy
personnel with responsibilities related to Undertakings at the public shipyard and support
facilities, or any installations added to this agreement.
B. Qualified Navy SME may request the appropriate SHPO to attend and assist in the annual
training.
C. The Navy will document the completion of the training, consistent with Stipulation VI.
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VI. REPORTING
For each fiscal year following execution of this NPA, the Navy shall prepare an annual report
summarizing its implementation, to include the status of nationwide mitigation measures and the
status of any LMPs developed.
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VII. DISPUTE RESOLUTION
A. Should a signatory object at any time to any actions proposed or the manner in which the
terms of the NPA are implemented, the Navy shall consult with such party to resolve the dispute
within 10 calendar days of receiving the objection. If the Navy determines that such dispute
cannot be resolved within 30 calendar days of receiving the objection, the Navy shall:
1. Forward all documentation relevant to the dispute, including the Navy’s
proposed resolution to the ACHP. The ACHP shall provide Navy with its advice
on resolution of the dispute within 30 calendar days of receiving adequate
documentation. Prior to reaching a final decision on the dispute, Navy shall
prepare a written response that takes into account any timely advice or comments
regarding the dispute, and provide the Signatories with a copy of this written
response. Navy shall then proceed according to its final decision.
2. If the ACHP does not provide its advice regarding the dispute within the 30
calendar day period, Navy may make a final decision on the dispute and proceed
accordingly. Prior to reaching such a final decision, the Navy shall prepare a
written response that takes into account any timely comments regarding the
dispute, and provide the Signatories with a copy of such written response.
B. The Navy’s responsibility to carry out all other actions subject to the terms of this NPA
that are not subject of the dispute remain unchanged.
C. Should any member of the public raise a timely and substantive objection pertaining to
the manner in which the terms of this NPA are carried out, at any time during its implementation,
the Navy shall take the objection into account by consulting with the objector to resolve the
objection. When the Navy responds to an objection, it shall notify the parties to the NPA of the
objection and the manner in which it was resolved. The Navy may request the assistance of a
party to the NPA to resolve such an objection.
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VIII. AMENDMENT
This NPA may be amended when agreed to in writing by all signatories. The amendment will be effective
on the date a copy signed by all of the signatories is filed with the ACHP.
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IX. TERMINATION
A. If any signatory to this NPA determines that its terms will not or cannot be carried out,
that party shall immediately consult with the other parties to attempt to develop an amendment. If
within 30 calendar days (or another time agreed to by all signatories) an amendment cannot be
reached, any signatory may terminate the NPA upon written notification to the other signatory.
B. Once the NPA is terminated, and prior to work continuing on an Undertaking, the Navy
shall ensure that Undertakings are reviewed in accordance with 36 CFR §§ 800.3 through 800.7
by the appropriate region and not in accordance with an executed LMP.
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X. ANTI-DEFICIENCY ACT
The Navy’s obligations under this NPA are subject to the availability of appropriated funds, and the
stipulations of this NPA are subject to the provisions of the Anti-Deficiency Act. The Navy shall make
reasonable and good faith efforts to secure the necessary funds to implement this NPA in its entirety. If
compliance with the Anti-Deficiency Act alters or impairs the Navy ability to implement the stipulations
of this NPA, the Navy shall consult in accordance with the amendment and terminations procedures of
this NPA.
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XI. DURATION
This PA shall become effective upon execution by all Signatories and shall remain in effect for 20 years
from the date of execution, unless the NPA is terminated prior to that in accordance with Stipulation IX.
Execution of this NPA by the Navy, the NCSHPO, and the ACHP and implementation of its terms
evidence that the Navy has taken into account the effects of these Undertakings on historic properties and
afforded the ACHP an opportunity to comment.
This NPA may be executed in counterparts, each of which shall constitute an original, and all of which
shall constitute one and the same agreement.
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NATIONWIDE PROG
RAMMATIC AGREEMENT
AMONG
THE COMMANDER NAVY INSTALLATIONS COMMAND,
THE NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS,
AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
REGARDING THE IMPROVEMENT, OPERATIION, AND MAINTENANCE OF
PUBLIC SHIPYARDS AND SUPPORT FACILITIES
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SIGNATORY:
COMMANDER NAVY INSTALLATIONS COMMAND
By: _________________________________________________ Date: _________________
[NAME]
[TITLE]
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NATIONWIDE PROG
RAMMATIC AGREEMENT
AMONG
THE COMMANDER NAVY INSTALLATIONS COMMAND,
THE NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS,
AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
REGARDING THE IMPROVEMENT, OPERATIION, AND MAINTENANCE OF
PUBLIC SHIPYARDS AND SUPPORT FACILITIES
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SIGNATORY:
NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS
By: _________________________________________________ Date: _________________
[NAME]
[TITLE]
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NATIONWIDE PROG
RAMMATIC AGREEMENT
AMONG
THE COMMANDER NAVY INSTALLATIONS COMMAND,
THE NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS,
AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
REGARDING THE IMPROVEMENT, OPERATIION, AND MAINTENANCE OF
PUBLIC SHIPYARDS AND SUPPORT FACILITIES
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SIGNATORY:
ADVISORY COUNCIL ON HISTORIC PRESERVATION
By: _________________________________________________ Date: _________________
Chairman
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APPENDIX A: LOCAL MANAGEMENT PROCEDURES TEM
PLATE 438
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