scope:

Purpose

a. This NASA Procedural Requirement (NPR) implements applicable requirements for the Cultural Resources Management (CRM) Program under NASA Policy Directive (NPD) 8500.1, NASA Environmental Management, in accordance with the National Historic Preservation Act of 1966 (NHPA), as amended, 54 U.S.C. 300101 et seq.; its implementing regulations (Protection of Historic Properties, 36 CFR Part 800); the Archaeological Resources Protection Act (ARPA) of 1979, 16 U.S.C. 470; Executive Order (E.O.) 13287, Preserve America; and the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 and 4331; and its Council on Environmental Quality (CEQ) regulations 40 CFR pt. 1501.

b. This NPR establishes requirements, roles, and responsibilities for Native American Consultation (NAC) in accordance with the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq. and its Final Rule (43 CFR pt. 10); the American Indian Religious Freedom Act, as amended, 42 U.S.C. §§ 1996 and 1996a; Religious Freedom Restoration Act, 42 U.S.C. §2000bb?§ 2000bb-4; E.O. 13007, Indian Sacred Sites; E.O. 13175, Consultation and Coordination with Indian tribal governments; Presidential Memorandum, Government-to-Government Relations with Native American Tribal Governments, 59 Federal Register (Fed. Reg.) 10877 (May 4, 1994); Presidential Memorandum, Tribal Consultation, 74 Fed. Reg. 57879 (Nov. 9, 2009); and other laws, regulations, and E.O.s related to cultural resources.

c. NASA is committed to be a steward of cultural resources, and implementation of this NPR will ensure preservation of their significance to NASA's mission, communities, and the history of our Nation in accordance with The Secretary of the Interior's (SOIs) Standards and Guidelines for Federal Agency Historic Preservation Programs Pursuant to the National Historic Preservation Act, 63 Fed. Reg. 20496 (April 24, 1998).

Applicability

a. This directive is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. This language applies to JPL (a Federally Funded Research and Development Center (FFRDC)), other contractors, recipients of grants, cooperative agreements, or other agreements only to the extent specified or referenced in the applicable contracts, grants, or agreements. ¹

b. NASA Mission Directorates will reference this NPR in policy and guidance affecting NASA's cultural resources, including the requirement to fund programs and projects to meet NHPA compliance requirements.

c. NASA institutional and support offices will reference this NPR in policy and guidance documents that involve or affect NASA's cultural resources and will support the CRM Program.

d. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall." The terms: "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended, but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.

e. In this NPR, all document citations are assumed to be the latest version unless otherwise noted.

¹ For the rest of this document, the term "Centers" refers to NASA Centers, Component Facilities, and JPL to the extent specified in its contract.