U.S. Army Garrison Hawaii has responsibility for cultural resources within Army jurisdiction on Oahu, and provides support for management of historic buildings and districts within Army jurisdiction on the Island of Hawaii. The cultural resources program provides environmental stewardship while supporting readiness.
The general objectives of the cultural resources program are:
- To eliminate impacts to the military’s mission arising from cultural resources issues;
- To meet compliance requirements; and
- To effectively manage cultural resources.
Cultural resources include historic properties as defined by the National Historic Preservation Act, cultural items as defined by Native American Graves Protection and Repatriation Act, archaeological resources as defined by Archaeological Resources Protection Act , sacred sites as defined in EO 13007, and collections and associated records as defined in 36 CFR §79.
Historic property, as defined by National Historic Preservation Act is any prehistoric or historic building, structure, objects, site, or district included in, or eligible for inclusion in, the National Register of Historic Places, including properties of traditional religious and cultural importance to a Native Hawaiian Organization. Per 36 CFR §60.3 buildings and structures, sites, districts, and objects are defined as follows:
Buildings, Structures, and Objects
A building is created principally to shelter any form of human activity, such as a house, barn, church, hotel, or similar construction. The term structure is used to distinguish other types of construction such as a bridge, tunnel, tower, or similar construction. An object is distinguished from buildings and structures as constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.
U.S. Army Garrison Hawaii manages approximately 6,400 buildings, structures, and objects on Oʻahu and provides the expertise of qualified architectural historians toward the management of another 500 buildings combined at U.S. Army Garrison Pōhakuloa and Kilauea Military Camp on the Island of Hawaiʻi.
A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing structure. U.S. Army Garrison Hawaii has documented over 1,000 archaeological and historic sites.
A district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
|National Historic Landmark Districts (Listed)|
|Palm Circle NHL District||Fort Shafter||May 28, 1987|
|Wheeler Field NHL District||Wheeler Army Airfield||May 28, 1987|
|National Register Historic Districts (Listed)|
|Schofield Barracks Historic District||Schofield Barracks Cantonment||July 31, 1998|
|Historic Districts Considered Eligible (Not Listed)|
|Wheeler Garden City Historic District||Wheeler Army Airfield||Oct. 9, 2010|
|Hawaii Ordnance Depot Historic District||Fort Shafter||April 13, 2010|
|Tripler Army Medical Center||Tripler Army Medical Center||May 25, 2005|
|Fort DeRussy Archaeological District||Fort DeRussy Military Reservation||Pending|
|Historic Districts on Hawaii Island|
|Kilauea Military Camp||Volcanoes National Park||Oct. 8, 1996|
Archaeological resource, as defined by Section 3(1) of Archaeological Resources Protection Act (16 U.S.C. 470bb), includes any material remains of human life or activities that are at least 100 years old and that are of archaeological interest.
Sacred sites as define by EO 13007, applies to Indian or Alaskan Native tribes, bands, nations, pueblos, villages or communities that the Secretary of Interior acknowledges pursuant to Public Law No. 103-454.
Archaeological Collections and Associated Records
Archaeological collections and associated records, as defined under 36 CFR §79 include collections of material remains, such as artifacts, specimens, and other physical evidence, that are collected during a survey, excavation, or other study of a cultural resource.
According to Section 2(3) of Native American Graves Protection and Repatriation Act, (NAGPRA) (25 U.S.C. 3001), cultural items include human remains, associated and unassociated funerary items, sacred objects, and objects of cultural patrimony. These types of cultural items can, and often are, found within archaeological sites. NAGPRA (43 CFR § 10) outlines a specific process of recovery and determination of ownership of cultural items that are under the control of federal agencies.
What We Do
Inventory and Monitoring
Identify, document and manage cultural resources to effectively balance historic preservation with mission requirements. Routinely monitor the current inventory of recorded historic properties.
Project Reviews and Compliance
The Cultural Resources Section reviews proposed projects and actions in early stages of planning to identify cultural resources issues and to inform the proponents regarding the requirements that may apply. The Cultural Resources Section advises proponents as to the most efficient and effective process through which the Garrison may achieve compliance with the cultural resources requirements applicable to specific undertakings.
In many circumstances, consultations are required with the State Historic Preservation Officer, Native Hawaiian Organizations, other agencies, and interested parties. Department of Defense Instruction 4710.03 directs the Garrison to maintain on-going consultative relationships with Native Hawaiian Organizations.
The results of Section 106 or other compliance reviews often establish responsibilities to implement specific measures to avoid, minimize, or mitigate adverse effects to cultural resources. The Cultural Resources Section implements the measures agreed to in consultation.
The Cultural Resources Section maintains a curation facility that follows Federal Regulation 36 CFR §79 which establishes standards, procedures, and guidelines for preserving collections of prehistoric and historic material remains and associated records recovered under the authority of Archaeological Resources Protection Act, National Historic Preservation Act, and other statutes so these collections may retain research and educational value indefinitely.
Information and Records Management
The Cultural Resources Section manages information and records including but not limited to historic property inventory, compliance and agreements, a complex set of interrelated information. Many of the records compiled by the Cultural Resources Section are permanent in nature and need appropriate long-term care.
Historical, cultural, and archaeological research all contribute to the documentation necessary for consultation maintaining an accurate inventory record and for evaluating cultural resources significance.
Secretary of the Army Awards
Each year, the Secretary of the Army recognizes and rewards excellence in the development, management and transferability of environmental programs that increase environmental quality, enhance the mission and keep the Army sustainable.
- 1999, Environmental Award for Cultural Resources Management Individual
- 2004, Environmental Award for Cultural Resources Management Installation
Historic Hawaii Foundation – Historic Preservation Honor Awards
The Historic Preservation Honor Awards⚠ are Hawaii’s highest recognition of projects, organizations, publications or individuals active in preservation, rehabilitation, restoration, or interpretation of the State’s archaeological, architectural, and cultural sites. The Preservation Honor Awards are designed to recognize achievements in interpreting, preserving or restoring Hawai‘i’s built environment.
- 2004-2005, Preservation Award (Officer's Quarters at Palm Circle)
- 2008, Centennial Recognition (Schofield Barracks)
- 2008 , Preservation Award (Rehabilitation of Quads C and E at Schofield Barracks)
- 2011, Preservation Award (Rehabilitation of Soldiers' Chapel at Schofield Barracks)
- 2011, Preservation Award (Restoration of the Eisenhower House at Kilauea Military Camp)
- 2012, Preservation Award (Rehabilitation of Building 330 at Fort Shafter)
- 2014, Citation for New Construction (Macomb Rotary at Schofield Barracks)
- 2014, Centennial Recognition (Soldiers' Chapel at Schofield Barracks)
- 2014, Preservation Award (Rehabilitation & Adaptive Reuse of Stoneman & Gimlet Field at Schofield Barracks)
- 2015, Preservation Award (Rehabilitation of Quad D Buildings 450 & 451 at Schofield Barracks)
- 2015, Preservation Award (Rehabilitation of Building 104 Phase 7A at Tripler Army Medical Center)
- 2016, Preservation Award (Rehabilitation of Building 160 at Tripler Army Medical Center)
- 2016, Preservation Award (Rehabilitation of Building 435 at Fort Shafter)
- 2016, Achievement in Interpretive Media Award (History of Makua and Kahanahaiki)
- 2017, Preservation Award (Rehabilitation of Building 690 at Schofield Barracks)
- 2017, Achievement in Interpretive Media Award (Wheeler Army Airfield Interpretive Display Panels)
- 2017, Preservation Award (Rehabilitation of Historic Roof & Installation of Photovoltaic Panels at Building 104 at Wheeler Army Airfield)
- 2018, Preservation Award, (Rehabilitation of Tripler Army Medical Center Building 220)
- 2018, Preservation Award (Renovation of Building 339 at Tripler Army Medical Center)
- 2018, Preservation Award (Rehabilitation of Building 112 at Palm Circle)
- 2018, Preservation Award (Rehabilitation of Quad B (Buildings 156, 157, 158) at Schofield Barracks)
- 2018, Preservation Award (Rehabilitation of Macomb Gate at Schofield Barracks)
- 2018, Centennial Recognition (Commanding General's House at 227 at Schofield Barracks)
- 2019, Project Award (Kyser Auditorium Rehabilitation at Tripler Army Medical Center)
- 2019, Project Award (180 Kline Road Rehabilitation at Schofield Barracks)
- 2019, Centennial Recognition (Schofield Barracks Building 3010)
- 2019, Centennial Recognition (Schofield Barracks Medical Clinic)
Section 106 Consultation & Public Notices
Army undertakings may have effects on places that are important in U.S. and Hawaiian history and culture. The Army must follow regulations to prevent or reduce adverse effects to these places. Regulations are established in Section 106 of the National Historic Preservation Act, and apply to all federal agencies. Section 106 consultation parties include Advisory Council on Historic Preservation, the Hawaii State Historic Preservation Officer, Native Hawaiian Organizations, representatives of local governments, project applicant, and interested parties.
Call for Claimants and Participation to Develop a Comprehensive Agreement Under NAGPRA and Notice of Inadvertent Discoveries
U.S. Army Garrison Hawaii is seeking claimants to participate in consultation to develop a comprehensive agreement under the Native American Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.4 and 10.5 for Pōhakuloa Training Area (PTA) (including Bradshaw Airfield, Cantonment, and the Keʻāmuku Maneuver Area) in the Ka‘ohe, Humu‘ula [TMK: (3)3-8-001:001 and (3)3-8-001:013], Waimea [TMK: (3)6-7-001:045], and Pu‘uanahulu [TMK: (3)7-1-004:006] Ahupua‘a. Representatives of Native Hawaiian organizations and/or individuals that wish to make a claim and participate in the development of a comprehensive agreement are requested to email the USAG-HI Cultural Resources Section at email@example.com or (808) 655-9707 as soon as possible to participate in consultation. >> Full announcement
Notice of Inadvertent Discovery and Call for Claimants Under Native American Graves Protection and Repatriation Act
Two burial sites were inadvertently discovered in the sea cliffs on lands owned by
the U.S. Army Garrison, Hawaii at Kahuku Training Area in Pahipahiālua ‘Ahupua'a, Ko'olauloa Moku, O'ahu, Hawai'i [TMK: (1) 5-7-002:001]. Representatives of Native Hawaiian organizations and/or individuals that wish to claim lineal descent or cultural affiliation with the human remains in accordance with the NAGPRA process are requested to please email the Cultural Resources Section at firstname.lastname@example.org before May 1, 2022, to participate in initial meetings. >> Full announcement
National Historic Preservation Act Section 106 Programmatic Agreement for Modernization Projects at Pililaau Army Recreation Center
In accordance with NHPA, U.S. Army Garrison Hawaii is continuing consultation to discuss a resolution to adverse effects. The Army is requesting public comment on the pre-final programmatic agreement among U.S. Army Garrison Hawaii, the Army’s Morale, Welfare, Recreation Program, the Hawaii State Historic Preservation Office, and the Advisory Council on Historic Preservation, regarding routine operation, maintenance, and modernization projects at Pililaau (Pililāʻau) Army Recreation Renter, in Waiʻanae, on the Island of Oʻahu, Hawaiʻi. Please forward questions and comments by Friday June 17, 2022 to email@example.com.
- Pre-Final Programmatic Agreement (Posted May 20, 2022)
- Draft Programmatic Agreement
- Oct. 7, 22 and Nov. 9, 2021 Meetings (Minutes)
- Jan. 19, 2021 Meeting (Minutes)
- Oct. 2, 2020 Office of Hawaiian Affairs Meeting (Minutes)
- Sept. 30, 2020 State Historic Preservation Division Meeting (Minutes)
- Sept. 29, 2020 Native Hawaiian Organizations Meeting (Minutes)
- Aug. 11, 2020 Meeting (Minutes)
- Advisory Council on Historic Preservation: A Citizen's Guide to Section 106
- Advisory Council on Historic Preservation: Guidance on Section 106 Agreement Documents
- Advisory Council on Historic Preservation: Handbook on Consultation with Native Hawaiian Organizations in the Section 106 Review Process
- DENIX - Native Hawaiian Affairs
- Department of Defense Instruction No. 4710.03 Consultation with Native Hawaiian Organizations
- National Historic Preservation Act
- 36 CFR Part 800 – Protection of Historic Properties
- National Park Service – Federal Preservation Laws
- National Park Service – Federal Historic Preservation Laws
- National Park Service – Publications of the National Register of Historic Places
- National Park Service – Section 106 Quick Guide
- State of Hawaii's State Historic Preservation Division
- U.S. Army Environmental Command Cultural Resources Management
- Programmatic Memorandum of Agreement for Demolition of WWII Temporary Buildings
- Program Comment for Cold War Era Unaccompanied Personnel Housing
- Programmatic Agreement for Section 106 Responsibilities for the Aboriginal Hawaiian Use of Ukanipo Heiau Complex at Mākua Military Reservation
- Programmatic Agreement for Privatization of Family Housing at U.S. Army Garrison Hawaii
- Programmatic Agreement Regarding Transfer and Rehabilitation of the Lodging Facilities at Tripler Army Medical Center
- Programmatic Agreement Regarding Routine Military Training Actions and Related Activities at United States Army Training Areas and Ranges on the Island of Oahu, Hawaii
- Programmatic Agreement for Routine Military Training Actions and Related Activities at U.S. Army Installations on Hawaii Island
Memorandum of Agreement
- Vegetation Management for access to archaeological sites at Makua Military Reservation
- The High Mast Lighting Project and the Intersection Repair Project at Kalia Road and Maluhia Road at Fort DeRussy
Native American Graves Protection and Repatriation Act
- Comprehensive Agreement between USAG-HI and Ko’a Mana regarding Pililaau Army Recreation Center
- Comprehensive Agreement for Fort DeRussy Miltiary Reservation
- U.S. Army Hawaii Covenant with Native Hawaiians
- U.S. Army Garrison Hawaii Integrated Cultural Resources Management Plan Island of Hawaii
- U.S. Army Garrison Hawaii Integrated Cultural Resources Management Plan Island of Oahu
Statutes, Regulations & Guidelines
The U.S. Army Garrison Hawaii Cultural Resources section follows numerous statutes, regulations, and guidelines pertaining to the management of cultural resources under U.S. Army Garrison Hawaii's stewardship.
|Abandoned Shipwreck Act of 1987|
The Abandoned Shipwreck Act establishes ownership and preservation responsibilities for abandoned shipwrecks in the waters of the United States.
|43 U.S.C. § 2101-2106|
|American Indian Religious Freedom Act of 1978, as amended|
AIRFA states that it is the policy of the United States to “protect and preserve for American Indians their inherent right of freedom to exercise the traditional religions of the American Indians, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonial and traditional rites.” AIRFA promotes consultation and guarantees access to traditional sites located on federal lands and a non-interference with religious practices.
|42 U.S.C. § 1996-1996a||AIRFA|
|Americans with Disabilities Act of 1990|
The Americans with Disabilities Act (ADA) is a wide-ranging legislation intended to establish a clear and comprehensive prohibition of discrimination on the basis of disability. It establishes standards for accessibility for public buildings in regard to entryways, restrooms, and other issues. Accessibility to properties open to the public, including historic properties, is a civil right.
|42 U.S.C. § 12101||ADA|
|Antiquities Act of 1906, as amended|
The Antiquities Act authorizes the President to designate historic and natural resources located on federally owned or controlled land as National Monuments and provides protection for archaeological resources. The act provides protection to prehistoric and historic ruins and objects by providing criminal sanctions against excavation, injury, or destruction of those resources without the use of a federal permit.
|54 U.S.C. § 320301-320303|
|Archaeological and Historic Preservation Act of 1974, as amended|
The Archaeological and Historic Preservation Act or Moss Bennet Act provides for the preservation of historical and archaeological data (including relics and specimens) that might otherwise be lost as the result of the construction of a dam or any alteration of the terrain resulting from federal construction project or federally licensed activity or program.
|16 U.S.C. § 470aa-470mm||AHPA|
|Archaeological Resources Protection Act of 1979|
The Archaeological Resources Protection Act secures the protection of archaeological resources and sites on public lands and Indian lands and fosters increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data obtained before the date of the enactment. Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources on public lands is prohibited. ARPA sets forth criminal and civil penalties for such violations. The act requires a permit for any excavation or removal of archaeological resources from public lands not sponsored by the federal agency. ARPA identifies information about the location and nature of archaeological resources as sensitive information that may not be made available to the public unless such disclosure furthers the purposes of ARPA and does not create a risk of harm to the resources. Such information may be shared with State agencies dependent upon a commitment to protect the confidentiality of the information.
|16 U.S.C. § 470aa-470mm||ARPA|
|Coastal Zone Management Act of 1972|
The Coastal Zone Management Act established laws and state coastal zone management programs designed to protect, preserve, and restore important ecological, cultural, historic, and esthetic values of our nation’s coastal communities and zones.
|16 U.S.C. § 1451-1456||CZMA|
|Historic Sites Act of 1935, as amended|
The Historic Sites Act declares it is a national policy to preserve, for public use, historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States. National Historic Landmarks may be designated by action of the Secretary of the Interior under authority of this law independently of National Register consideration. National Historic Landmarks, when so designated, are considered automatically listed in the National Register of Historic Places with National level of significance, per regulations implementing the National Register. The two designations are legally distinct.
|54 U.S.C. § 320101-320106, 102303, 102304, 309101||HSA|
|National Environmental Policy Act, as amended|
National Environmental Policy Act (NEPA) requires all federal agencies to prepare a document, most commonly an Environmental Assessment, which assesses the potential impacts of any proposed action on the environment, including impacts to cultural resources. If impacts are judged potentially significant, an Environmental Impact Statement (EIS) must be prepared. An EIS identifies any unavoidable adverse environmental effects, as well as alternatives to the proposed action, prior to its implementation. This process compels informed decision-making by federal agencies and their departments by requiring consideration of all relevant environmental consequences of proposed actions and involving the public in the decision-making process. As our basic national charter for protection of the environment, NEPA establishes policy, sets goals (Section 101), and provides means (Section 102) for carrying out the policy. Section 102(2) contains action-forcing provisions to make sure federal agencies act according to the letter and spirit of the Act. NEPA procedures must ensure environmental information is available to public officials and citizens before decisions are made and before actions are taken.
|42 U.S.C. § 4321-4370c||NEPA|
|National Historic Preservation Act of 1966, as amended|
The National Historic Preservation Act (NHPA Establishes the federal historic preservation program including expansion and maintenance of a NRHP (Section 101), requires all federal agencies to take into account the effects of their actions on the Nation’s historic properties (Section 106), and directs federal agencies to assume responsibility for the preservation of historic properties that are owned or controlled by such agency (Section 110). NHPA establishes the State Historic Preservation Offices, the Advisory Council on Historic Preservation, the NRHP, and federal agency Historic Preservation programs. NHPA further notes that the historical and cultural foundations of the country should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people.
|54 U.S.C. § 300101 et seq.||NHPA|
|Native American Graves Protection and Repatriation Act of 1990|
The Native American Graves Protection and Repatriation Act (NAGPRA) protects Native American burial sites and regulates the removal of human remains, funerary objects, sacred objects, and objects of cultural patrimony on federal, Native American, or Native Hawaiian Home Lands during planned or unanticipated excavations. NAGPRA requires federal agencies and museums receiving federal funds to inventory holdings for such remains and objects and work with tribal groups and Native Hawaiian Organizations in a consultation process to reach agreements on the repatriation, transfer or other disposition of the remains and objects. This act provides for the determination of custody, protection, and repatriation of Native American human remains, associated and un-associated funerary objects, sacred objects, and objects of cultural patrimony. It ensures the respectful treatment of these remains and objects and minimizes their exploitation prior to repatriation.
|25 U.S.C. § 3001-3013||NAGPRA|
|Public Buildings Cooperative Use Act|
The Public Buildings Cooperative Use Act directs federal agencies to acquire and use space in suitable buildings of historic, architectural, or cultural significance, and to encourage public access to and community use of public buildings for cultural, educational, and recreational activities.
|40 U.S.C. § 3306||PBCUA|
|Religious Freedom Restoration Act|
The Religious Freedom Restoration Act ensures interests in religious freedom are protected, including access to sacred land and sites. Government activity may substantially burden a person's free exercise of religion only if the activity is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.
|42 U.S.C. § 2000bb||RFRA|
Look up specific citations via the United State Code website.
|Protection and Enhancement of the Cultural Environment |
Requires agencies of the executive branch of the Government to administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations; initiate measures that facilitate the preservation, restoration, and maintenance of federally owned sites, structures, and objects of historical, architectural, or archaeological significance; and, in consultation with the Advisory Council on Historic Preservation, to institute procedures to assure that federal plans and programs contribute to the preservation and enhancement of non-federally owned sites, structures, and objects of historical, architectural, or archaeological significance.
|EO 11593||May 13, 1971|
|Locating Federal Facilities on Historic Properties in Our Nation’s Central Cities|
Encourages the use of suitable historic buildings of national, cultural, or architectural significance for federal facilities.
|EO 13006||May 21, 1996|
|Indian Sacred Sites|
Requires executive agencies with administrative responsibility of federal land management to accommodate access to and ceremonial use of Indian sacred sites and avoid adversely affecting the physical integrity of sacred sites. Sacred sites may be eligible for the National Register of Historic Places.
|EO 13007||May 24, 1996|
|Federal Support of Community Efforts Along American Heritage Rivers|
In order to protect and restore rivers and their adjacent communities, the American Heritage Rivers initiative has three objectives: natural resource and environmental protection, economic revitalization, and historic and cultural preservation. Requires executive agencies to the extent permitted by law and consistent with their missions and resources, to coordinate Federal plans, functions, programs, and resources to preserve, protect, and restore rivers and their associated resources important to our history, culture, and natural heritage.
|EO 13061||Sept. 11, 1997|
Preserve America establishes that the federal government shall recognize and manage the historic properties in its ownership as assets that can support department and agency missions while contributing to the vitality and economic well being of the Nation’s communities.
|EO 13287||March 3, 2003|
|Federal Real Property Asset Management|
Federal Real Property Asset Management mandates that general real property planning and management incorporates processes responsive to the requirements of EO 13287, which promotes long-term preservation and use of historic real property assets, including a descriptive database with the historic status codes of all real property.
|EO 13327||Feb. 6, 2004|
|Government to Government Relations with Native American Tribal Governments|
Government to Government Relations with Native American Tribal Governments recognizes the unique political relationship between the United States Government and Native American tribal governments. Executive departments and agencies are given principles that reaffirms them to conduct their activities in a manner respectful to the rights of self-government and self-determination with federally recognized tribal governments.
|April 29, 1994|
|15 CFR 930||Federal Consistency with Approved Coastal Management Programs|
Describes the obligations and roles of all parties who are required to comply with the federal consistency requirement of the CZMA and assigns responsibilities.
|National Oceanic and Atmospheric Agency|
|32 CFR 229||Protection of Archaeological Resources|
Implements provisions of ARPA by establishing the uniform definitions, standards, and procedures to be followed by federal land managers in providing protection for archaeological resources on public lands and Indian lands of the United States. Establishes prohibited acts, criminal penalties, and permit requirements.
(Note: Uniform ARPA regulations appear in four separate locations in the CFR, once for each agency mandated to issue enforcing regulations. See 32 CFR 229 for DoD; 36 CFR 296 for Department of Agriculture; 43 CFR 7 for Department of the Interior (DOI); and 18 CFR 1312 for the Tennessee Valley Authority. Supplemental regulations appear with Dept. of Interior version).
|Department of Defense|
|32 CFR 651||Environmental Analysis of Army Actions (AR 200-2)|
Implements NEPA, setting forth Army’s policies and responsibilities for the early integration of environmental consideration into planning and decision making.
|Department of the Army|
|36 CFR 60||National Register of Historic Places|
Sets forth the procedural requirements for listing properties on the National Register and authorizes the Secretary of the Interior to expand and maintain a National Register of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture.
|Department of Interior, National Park Service|
|36 CFR 63||Determinations of Eligibility (for National Register of Historic Places)|
Formal process for resolving questions or disputes regarding the eligibility of properties for inclusion in the NRHP.
|Department of Interior, National Park Service|
|36 CFR 65||National Historic Landmarks|
Facilitates identification and designation of NHLs, and encourages the long-range preservation of nationally significant properties that illustrate or commemorate the history and prehistory of the United States. These regulations set forth the criteria for establishing national significance and the procedures used by the DOI for conducting the NHL Program.
|Department of Interior, National Park Service|
|36 CFR 67||Historic Preservation Certifications Pursuant To Sec. 48(G) And Sec. 170(H) Of The Internal Revenue Code Of 1986|
Established the program authority and function of Section 47 of the Internal Revenue Code which designates the Secretary of the Interior as the authority for the issuance of historic district statutes and of State and local historic districts, certifications of significance, and certification of rehabilitation in connection with certain tax incentives involving historic preservation.
|Department of Interior, National Park Service|
|36 CFR 68||Secretary of the Interior’s Standards for Treatment of Historic Properties|
Establishes standards for the treatment of historic properties including standards for preservation, rehabilitation, restoration, and reconstruction projects.
|Department of Interior, National Park Service|
|36 CFR 78||Waiver of Federal Agency Responsibilities, Under Section 110 of the National Historic Preservation Act|
Authorizes the Secretary of the Interior to promulgate regulations under which the requirements in Section 110 may be waived in whole or in part in the event of a major natural disaster or an imminent threat to the national security.
|Department of Interior, National Park Service|
|36 CFR 79||Curation of Federally Owned and Administered Archaeological Collections|
Establishes definitions, standards, procedures, and guidelines to be followed by federal agencies to preserve collections of prehistoric and historic material remains, and associated records, recovered under the authority of the Antiquities Act, the Reservoir Salvage Act (now the AHPA), the NHPA, or ARPA.
|Department of Interior, National Park Service|
|36 CFR 800||Protection of Historic Properties|
Outlines how federal agencies carry out consultation responsibilities under Section 106 of the NHPA. It defines the roles of the ACHP, the SHPO, the Tribal Historic Preservation Officer, and interested parties.
|36 CFR 1911||Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities|
Provides regulations allowing for the sensitive accessibility of historic buildings.
|Department of Justice and Department of Transportation|
|40 CFR 1500-1508||Regulations For Implementing the Procedural Provisions of the National Environmental Policy Act|
Provides regulations applicable to and binding on all federal agencies for implementing the procedural provisions of the NEPA, except where compliance would be inconsistent with other statutory requirements.
|Council on Environmental Quality|
|43 CFR 3||Preservation of American Antiquities|
Places responsibility for ruins, archaeological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks, and other objects of historic and scientific interest on the Secretaries of Agriculture, Army, and Interior on federal lands that fall under their respective jurisdictions. Sets forth the types of permits that may be granted, to whom, and restrictions and requirements for authorized organizations who have obtained a permit for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity.
|Secretary of Agriculture, Secretary of the Army, Secretary of the Interior|
|43 CFR 7||Protection of Archaeological Resources: Uniform Regulation (Subpart A) and Supplemental Regulation (Subpart B)|
Subpart A implements provisions of ARPA by establishing uniform definitions, standards, and procedures to be followed by all federal land managers in providing protection for archaeological resources located on public lands and Indian lands of the United States. 43 CFR 7 Subpart B includes Supplemental Regulations for the Department of the Interior regarding determination of loss or absence of archaeological interest as well as permitting and collection procedures.
|Secretary of the Interior|
|43 CFR 10||Native American Graves Protection and Repatriation Regulations|
Outlines the provisions and regulations of NAGPRA and provides a process for determining the rights of lineal descendants and Indian Tribes and NHOs to certain Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony with which they are affiliated.
|Secretary of the Interior|
The Code of Federal Regulations is available via GovInfo.
Department of Defense Instructions & Guidance
|DoDI 4710.03||Consultation with Native Hawaiian Organizations|
Provides policy and guidance and assigns responsibilities for DoD consultation with NHOs when proposing actions that may affect a property or place of traditional of traditional religious and cultural importance to an NHO.
|Oct. 11, 2011|
|DoDI 4715.16||Cultural Resources Management|
Establishes DoD policy and assigns responsibilities for the integrated management of cultural resources on DoD managed lands.
|Sept. 18, 2008|
|Directive Type Memo 11-001||Protocol for Consultation with Native Hawaiian Organizations|
Addresses the specific circumstances applicable to consultations with NHOs. It specifically acknowledges the special status afforded NHOs in various federal laws, regulations and other policies and it declares a policy of meaningful consultation for the purpose of avoiding or minimizing the effects of actions on places of traditional religious and cultural importance to the extent practicable and consistent with the law.
|Feb. 3, 2011|
|DoDI 8130.01||Installation Geospatial Information and Services (IGI&S)|
Establishes policy, assigns responsibilities, and provides governance procedures for IGI&S. Applies to the management of DoD installations and environment to support military readiness in the Active, Guard, and Reserve Components with regard to facility construction, sustainment, and modernization, including the operation and sustainment of military test and training ranges.
|April 9, 2015|
U.S. Army Regulations
|AR 200-1||Environmental Protection and Enhancement|
Implements federal, state, and local environmental laws and DoD policies for environmental management, including cultural resources, to meet legal compliance requirements and to support the Army mission.
|Dec. 13, 2007|
|AR 210-20||Real Property Master Planning for Army Installations|
Defines the real property master planning concept and requirement. It establishes policies, procedures, and responsibilities for implementing the real property master planning process. It specifies procedures for Real Property Master Plan development, approval, update, and implementation. It continues the requirement for the installation of Real Property Planning Boards. It also establishes a relationship between environmental planning and real property master planning in order to ensure that the environmental consequences of planning decisions are addressed. It establishes the requirement for complying with environmental documentation procedures.
|May 16, 2005|
|AR 350-19||The Army Sustainable Range Program|
Defines the Integrated Training Area Management (ITAM) program's objectives as achieving optimal sustained use of lands for training and testing, integrating Army training and other mission requirements for land use with sound natural and cultural resources management, and advocating proactive conservation and land management priorities. It requires that the ITAM program be included in the Integrated Natural Resources Management Plan and Integrated Cultural Resources Management Plan to ensure the both plans reflect mission requirements for ranges and training lands.
|Aug. 20, 2005|
|AR 530-1||Operations Security|
Provides updated definitions; aligns the Army's policies, terms and doctrine with the Defense Department; and brings Army Civilians and Contractors into the fold while addressing the role Army family members have in OPSEC.
|April 19, 2007|
|Headquarters Memorandum||Historic Property Guidance|
This memorandum provides policy, guidance, processes, and best practices for integrating historic property management with mission activities having the potential to affect historic properties and other cultural resources.
|Dec. 27, 2016|
U.S. Army Garrison Hawaii Regulations & Guidance
Provides formal written environmental policy that also facilitates the incorporation of the 17 mandatory elements of the International Organization for Standardization 14001. Environmental Management System throughout the garrison.
|May 19, 2014|
|USAG-HI-30||Standard Physical Termite Barrier Guidance for Sustainment, Restoration, Renovation, Modernization and Military Construction Projects|
Sets the standard in regard to physical and chemical termite barrier methods and treatment standard used during construction, restoration, renovation, and modernization of facilities. These standards apply to historic buildings, and installation of physical barriers has the potential to adversely affect historic properties.
|July 24, 2015|
|USAG-HI-63||Landscaping with Native Plants|
Establishes the policy of using local native plants to reduce the influx of invasive species, reduce water requirements, provide habitat for animals, and create a Hawaiian Landscape on post. This policy shall also apply in cases of cultural landscapes.
|June 4, 2014|
|USAG-HI-210-15||Disposition of Temporary World War II-Era Wooden Buildings|
Establishes the procedures for the demolition of temporary facilities, especially those identified as World War II (WWII) temporary wooden buildings, pursuant to the Programmatic Memorandum of Agreement for Demolition of WWII Temporary Buildings.
|June 25, 2009|
State of Hawaii Statutes & Rules
The State of Hawaii historic preservation statutes and rules are generally not applicable to federal undertakings and are not related to the historic preservation compliance requirements under the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act.
Occasionally, a federal undertaking may require a permit from a state agency, such as the Hawaii Department of Transportation. In those situations, the Army’s efforts to comply with federal historic preservation laws may be shared with the state agency and used to support the state agency’s efforts to comply with the State of Hawaii’s historic preservation requirements.
The following list of HRS and Hawaii Administrative Rules are provided for reference purposes only and are therefore not described in detail.
|Prehistoric and Historic Burial Sites||HRS Section 6E-43|
|Inadvertent Discovery of Burial Sites||HRS Section 6E-43.6|
|Island Burial Councils; creation; appointment; composition; duties||HRS Section 6E-43.5|
|Rules Governing Procedures for Historic Preservation Review for Government Projects covered under 6E-7 and 6E-8, HRS||HAR 13-275, § 13-275|
|Rules Governing Standards for Archaeological Inventory Surveys and Reports||HAR 13-276, § 13-276|
|Rules Governing Requirements for Archaeological Site Preservation and Development||HAR 13-277, § 13-277|
|Rules Governing Standards for Archaeological Data Recovery Studies and Reports||HAR 13-278|
|Rules Governing Standards for Archaeological Monitoring Studies and Reports||HAR 13-279|
|Rules Governing Procedures for Inadvertent Discoveries of Historic Properties During a Project Covered by Historic Preservation Review Process||HAR 13-280|
|Rules Governing Professional Qualifications||HAR 13-281|
|Rules Governing Permits for Archaeological Work||HAR 13-282|
|Rules Governing Standards for Osteological Analysis of Human Skeletal Remains||HAR 13-283|
|Rules Governing Procedures for Historic Preservation Review to Comment on Section 6E-42, HRS Projects||HAR 13-284|
|Rules of Practice and Procedure Relating to Burial Sites and Human Remains||HAR 13-300|