WHEREAS, the United States Department of Agriculture, Forest Service, Region 5

(Forest Service) proposes to manage its historic fire lookout facilities in

California, authorized by the Organic Act (16 USC 1609) and the Multiple

Use-Sustained Yield Act (16 USC 528), for the protection and multiple-use

management of Forest Service lands in California; and

WHEREAS, the Forest Service has identified and recorded all fire lookouts on

its property in California in a study, entitled "Fixed-Point Fire Detection in

the USDA Forest Service, Region 5". A regional evaluation for eligibility to

the National Register of Historic Places was also conducted in consultation

with the SHPO and in compliance with the Secretary of the Interior's Standards

and Guidelines for Archeology and Historic Preservation; and

WHEREAS, the Forest Service has determined that the management of historic fire

lookouts may have an effect upon properties included in or eligible for

inclusion in the National Register of Historic Places and has consulted with

the Advisory Council on Historic Preservation (Council) and the California

State Historic Preservation Officer (SHPO) pursuant to Section 800.13 of the

regulations (36 CFR Part 800) implementing Section 106 of the National Historic

Preservation Act (16 USC 470f), Section 110 of the same Act (16 USC 470h-2) and

Section 111 of the Same Act (16 USC 470h-3); and

WHEREAS, standards and guidelines for systematic management of historic fire

lookouts are needed, and certain minor undertakings described in Appendix B, if

executed in the appropriate manner, can be deemed exempt from further

consultation with the SHPO or the Council; and

WHEREAS, the definitions given in Appendix A of this Agreement are applicable

throughout this Programmatic Agreement;

NOW, THEREFORE, the Forest Service, the Council, and the SHPO agree that the

management of historic fire lookouts in California shall be administered in

accordance with the following stipulations to satisfy the Forest Service's

Section 106 responsibilities for all individual undertakings of the program.

? Stipulations

The Forest Service shall ensure that the following measures are carried out:

I. IDENTIFICATION AND EVALUATION

A. Each individual Forest will utilize the information gathered in the

Regional Study to determine which of its lookouts will be submitted to the SHPO

for concurrence on a determination of eligibility for the National Register of

Historic Places. In submitting this information, the Forests will determine

whether the potential local historic significance of each lookout is adequately

taken into account and that each lookout still maintains the level of integrity

it had at the time of its evaluation. For each eligible lookout, the Forests

shall submit: 1) a one-page rating form (Appendix C), including a description

of the property's boundaries, 2) a quad map locating the lookout, and 3) a

photograph showing the primary view of the lookout. This documentation will be

compiled in the Regional Office where it will be incorporated into the

statewide study as appropriate and the determination of eligibility will be

forwarded to the SHPO for review. When concurrence has been obtained from the

SHPO, the Management Plan (Appendix B of this Agreement), discussed in II,

below, will go into effect for those forests. Until forests have forwarded

that information, they must submit determinations of eligibility on a

case-by-case basis pursuant to 36 CFR 800.4.

B. The Forest Service shall update its inventory and reevaluate fire lookouts,

as needed, to reflect new historical information or perspectives, or changes in

the buildings' integrity or scarcity pursuant to 36 CFR 800.4 (c)(1).

II. TREATMENT

The Forest Service shall manage historic fire lookouts in accordance with the

guidelines provided in the "Management Plan for Historic Fire Lookouts on

National Forest Lands in California," which appears as Appendix B of this

Agreement. This plan shall be implemented on a Forest-by-Forest basis when the

identification and evaluation of historic fire lookouts has been accepted by

Region 5 of the Forest Service and the SHPO as described in IA, above.

III. CONSULTATION

Undertakings, with the exception of certain activities and projects which

appear in Appendix B as exemptions to further consultation, are subject to

review by the SHPO and the Council pursuant to 36 CFR Part 800. The Forest

Service is responsible for providing descriptions of the undertakings,

identifying areas of potential effects (APEs), identifying and evaluating all

historic properties within the APE, making determinations of effect in

consultation with the SHPO, and preparing all effect documentation, including

Memoranda of Agreement.

?IV. QUALIFICATIONS OF PERSONNEL

The Forest Service shall ensure that all historic preservation work carried out

pursuant to this Agreement is carried out by or reviewed by a person or persons

at the Forest or Regional level meeting the Secretary of the Interior's

Professional Qualification Standards (48 FR 44738-44739).

V. SHPO RESPONSIBILITIES

A. The SHPO shall be afforded the opportunity to comment within thirty (30)

days after receipt of any documentation submitted by the Forest Service under

the terms of this Agreement. Should the SHPO decline to participate or not

respond within thirty (30) days to a written request for participation, the

Forest Service shall consult with the Council to complete the Section 106

process.

B. The SHPO shall provide technical assistance to the extent possible.

VI. MONITORING

The parties to this agreement shall consult annually to review implementation

of the terms of this Agreement and to determine if revisions are needed. At

any time during the duration of this Agreement, the Forest Service shall make

available for review by the SHPO and the Council, upon their request, all of

its records relating to Section 106 compliance for the management of historic

fire lookouts.

VII. UNFORSEEN DISCOVERIES AND EFFECTS

If, while managing historic fire lookouts, a previously unidentified property

which may be eligible for inclusion in the National Register is encountered, or

if a known historic property may be affected in an unanticipated manner, the

Forest Service shall assume its responsibilities pursuant to 36 CFR

800.11(b)(2).

VIII. AMENDMENT AND TERMINATION OF THE AGREEMENT

A. Amendment. If any party to this Agreement determines that its terms cannot

be met or believes an amendment or addendum necessary, that party shall

immediately request the other consulting parties to consider an amendment or

addendum to the Agreement. Such amendment or addendum shall be executed in the

same manner as the original Agreement. No amendment or addendum to this

Agreement shall go into effect without written concurrence of all consulting

parties.

B. Termination. This Agreement may be terminated at any time by any

consulting party provided that the consulting party initiating termination

gives thirty (30) days written notice, including the reasons for termination,

to the other consulting parties. If the Agreement is terminated, individual

undertakings related to the management of historic fire lookouts shall, without

exception, be submitted by the Forest Service to the SHPO for review and

comment pursuant to 36 CFR Part 800, unless otherwise agreed upon by the Forest

Service and the SHPO.

IX. DISPUTE RESOLUTION

A. Should the SHPO or the Council object within thirty (30) days to any

actions pursuant to this Agreement, the Forest Service shall consult with the

objecting party to resolve the objection. If the Forest Service determines

that the objection cannot be resolved, the Forest Service shall request further

comments of the Council pursuant to 36 CFR 800.6(b). Any Council comment

provided in response to such a request shall be taken into account by the

Forest Service in accordance with 36 CFR 800.6(c)(2), with reference only to

the subject of the dispute; the Forest Service's responsibility to carry out

all actions under this Agreement that are not the subject of the dispute shall

remain unchanged.

B. At any time during implementation of the measures stipulated in this

Agreement, should an objection to any such measure be raised by a member of the

public, the Forest Service shall take the objection into account and consult as

needed with the objecting party, the SHPO, or the Council to resolve the

objection.

X. EFFECT OF THE AGREEMENT

In the event that the Forest Service does not carry out the terms of this

Programmatic Agreement, the Forest Service will comply with 36 CFR 800 with

regard to individual undertakings covered by this Programmatic Agreement.

Execution and implementation of this Programmatic Agreement evidences that the

Forest Service has satisfied its Section 106 responsibilities for all

individual undertakings involving the management of historic fire lookouts.

CALIFORNIA STATE HISTORIC PRESERVATION OFFICER

BY: _____________________________________ Date: ____________________

ADVISORY COUNCIL ON HISTORIC PRESERVATION

BY: ___________________________________ Date: ___________________

UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, REGION 5

BY: ____________________________________ Date: ___________________

APPENDIX A

DEFINITION OF TERMS USED IN THIS AGREEMENT

INTRODUCTION

In addition to the terms defined here and unless otherwise indicated, all

definitions given in 36 CFR 800.2 will be accepted for the purpose of this

agreement.

I. FIRE LOOKOUTS: Fire lookouts are physical structures on Forest Service

land built to provide fixed fire detection by visual means. They include

improvements associated with these facilities.

II. HISTORIC FIRE LOOKOUTS: Historic Fire Lookouts are those lookouts which

are included in or eligible for inclusion in the National Register of Historic

Places.

III. AREA OF POTENTIAL EFFECTS: The area of potential effects (APE) means the

geographic area or areas within which an undertaking may cause changes in the

character or use of historic properties, if any such properties exist.

IV. ASSOCIATED CULTURAL LANDSCAPES: Landscapes, including such elements as

plantings, walkways, and topography, which have been specifically designed to

complement a structure or group of structures shall be defined as associated

cultural landscapes.

V. HISTORIC PROPERTY: Any prehistoric or historic district, site, building,

structure, or object included in or eligible for inclusion in the National

Register of Historic Places is a historic property. This term includes

artifacts, records, and remains that are related to and located within such

properties. The term "eligible for inclusion in the National Register"

includes both properties formally determined as such by the Secretary of the

Interior and all other properties that are considered to meet National Register

listing criteria.

VI. MANAGEMENT PLAN: The Management Plan is the document which is the basis

for this agreement. It provides standard guidelines for Forest Service use and

treatment of administrative buildings.

VII. UNDERTAKING: An undertaking is any project, activity, or program that

can result in changes in the character or use of historic properties, if any

such historic properties are located in the area of potential effects. The

project, activity, or program must be under the direct or indirect jurisdiction

of a Federal agency, or licensed or assisted by a Federal agency. Undertakings

include new and continuing projects, activities, or programs, and any of their

elements not previously considered under Section 106 of the National Historic

Preservation Act.

? APPENDIX B

MANAGEMENT PLAN FOR HISTORIC FIRE LOOKOUTS

ON NATIONAL FOREST LANDS IN CALIFORNIA

INTRODUCTION

The Forest Service has over 170 fire lookouts in California, with over 70

potentially eligible for inclusion in the National Register of Historic

Places. In order to fulfill its responsibilities under Sections 106 and 110 of

the National Historic Preservation Act, the Forest Service has developed this

Management Plan for historic fire lookouts.

The primary goal of the plan is to preserve Forest Service fire lookouts which

are eligible for the National Register. By managing these properties with

preservation as the primary goal, the agency will preserve a significant

element of its history and cultural values.

This plan provides minimum standard guides for management of historic

administrative buildings. It does not preclude use of higher standards or more

extensive preservation measures. In addition the plan can be applied to

lookouts which fail to meet National Register criteria, but have value to the

agency.

Individual Forests shall implement this management plan upon completion of a

Forest-wide evaluation for National Register eligibility of historic fire

lookouts, and the acceptance of that information by the Regional Office and

California State Historic Preservation Officer (SHPO).

I. TREATMENT AND MANAGEMENT CONSIDERATIONS

Preservation will be the first, but not the only, consideration under this

agreement. Each Forest will have a range of options, to be used alone or in

combinations, for historic properties, keeping in mind that the passage of time

and changing conditions may require reevaluations or alteration of plans.

Before initiating any action which has potential to affect properties covered

under this plan, a Forest shall develop specific management plans for historic

properties which may be affected by that action. These plans can be developed

in advance of any undertaking, or they can be produced for particular

projects. They can be Forest-wide or they can focus an individual lookout, at

the Forest's discretion.

Specific management plans should take into account the context and perspective

of the "Thematic Study of Historic Fire Lookouts in California", historic

preservation needs, and local considerations. They should describe the

historic property's condition, current and future uses, treatment alternatives,

management options, and the property's place in the Forest's long-range goals.

In general, treatment options describe how the fabric of a structure will be

addressed. Management options direct a building's use. The selection of one

may dictate the choice of the other. Before selecting a treatment option or a

management program for historic administrative buildings, the forest should

consider the effects of its action on the historic property.

II. TREATMENT OPTIONS

Alternatives for treatment of the lookout's fabric range from preservation,

through alteration, to destruction. Preservation work performed according to

The Secretary of the Interior's Standards for Rehabilitation and Guidelines for

Rehabilitating Historic Buildings (Standards for Rehabilitation) or The

Secretary of the Interior's Standards for Historic Preservation Projects with

Guidelines for Applying the Standards (Standards for Historic Preservation

Projects) will often have no effect or no adverse effect on historic

properties. Other alternatives can also have no adverse effect under

appropriate conditions. However, demolition or actions leading to destruction

will always have an adverse effect. These effects must be considered when

selecting one of the following treatment options:

A. Protection defends or guards the physical condition of a property from

deterioration, loss, or attack, or covers or shields it from danger or injury.

Such treatment is generally temporary, and anticipates future historic

preservation treatment.

B. Stabilization is designed to reestablish a weather-resistant enclosure and

the structural stability of an unsafe or deteriorated property, while

maintaining its existing form.

C. Preservation sustains the existing form, integrity, and material of a

property. It may include initial stabilization work, where necessary, as well

as ongoing maintenance.

D. Rehabilitation returns a property to a state of utility through repair or

alteration. It makes possible an efficient contemporary use, while preserving

the lookout's significant features.

E. Restoration recovers lost form or details of a property, as it appeared at

a particular time, by removing later work or replacing missing earlier work.

F. Reconstruction reproduces a vanished structure, or a part thereof, as it

appeared at a particular period of time. It should never substitute for proper

care of existing properties.

G. Addition, Alteration, or New Construction creates structures or structural

elements, which had not existed previously, on or in the vicinity of, historic

properties.

H. Demolition or Destruction means removal of all or part of a historic

property. The Forest Service is obligated to document exploration of all other

alternatives before demolishing, declaring excess without adequate

restrictions, relocating, disposing of, or significantly altering a historic

property.

III. MANAGEMENT OPTIONS

Management options for the use of a historic property range from continuing

present use to abandonment or disposal. The choice of a specific use can

dictate the property treatment option. For example, deciding to interpret the

lookout may lead to a decision to select restoration to a particular period as

the treatment option. Choosing an option or combination of options which keep

a building occupied or in use will tend to have a beneficial effect on its

preservation. Management choices will affect treatment options, and thus the

preservation of historic lookouts.

A. Continued Use implies a lookout already functioning and needing only

ongoing preservation efforts and maintenance. If maintenance has been long

deferred, however, the property may need rehabilitation to continue its present

use in an efficient manner.

B. Adaptive Reuse finds a new function for a lookout, such as converting to an

overnight ski hut. It may require rehabilitation to make the structure usable

for the new purpose. The adaptive reuse can be by either the Forest Service

itself or by others under permit. The Granger-Thye Act of 1950 (16 USC 580d)

authorized the issuance of Special-Use Permits for recreational or other uses

of administrative buildings.

C. Interpretation can involve historic properties either as objects of

interpretation or places where interpretation takes place, or both. Lookouts

which have obvious significance, maintain integrity, are accessible, and meet

Forest Service management needs are most adaptable to interpretive uses.

Interpretation can help combat vandalism and promote preservation of historic

properties. Active lookouts (those in use) can be interpreted also. The

Forest Service shall take the lead in carrying out interpretive projects, and

it shall ensure that an interpretive plan is developed for any lookout selected

for interpretation.

D. Adopt-a-Lookout programs can be developed in which interested organizations

or groups assist in rehabilitation or other treatment options selected for a

lookout.

E. Exchange, Lease, or Contract Management of a historic property is allowed

under Section 111 of the National Historic Preservation Act, when the disposal

includes adequate restrictions or conditions to ensure preservation.

F. Abandonment of a property requires a preservation treatment to avoid

neglect, which would lead to deterioration and eventual loss.

IV. CONSIDERATION OF EFFECTS

Except as exempted under V, below, all project, programs, and activities

undertaken by the Forest Service that can result in changes in the character or

use of historic fire lookouts shall be reviewed by the SHPO and the Council,

when appropriate. The Forest Service shall proceed on a case-by-case basis for

each undertaking. It shall be the responsibility of the Forest Service to

provide descriptions of the undertakings, to establish areas of potential

effects (APEs), to identify and evaluate historic properties within APEs, and

to make determinations of effect in consultation with the SHPO.

The following is a discussion of various activities that the Forest Service

will typically consider in terms of effects to historic fire lookouts (though

other activities that might be considered are not excluded). The criteria of

effect shall be applied in consultation with the SHPO for each undertaking.

A. Ground Disturbing Activities

Before proceeding with any ground-disturbing activity, a Forest Service

Cultural Resource Specialist shall review the undertaking's description and APE

and shall complete an appropriate level of field survey. Should no potential

historic properties be identified within an undertaking's APE, no further

consultation with the SHPO will be necessary. Should potential historic

properties be identified, the Forest Service shall initiate consultation with

the SHPO.

B. Historic Preservation

1. Every reasonable effort shall be made to maintain historic fire lookouts in

their original locations and to maintain their original uses. Compatible uses

that require minimum alteration to the lookouts and their environments are also

appropriate.

Historic preservation includes such treatment options as stabilization,

preservation, rehabilitation, restoration, and reconstruction as defined in II,

above. The Forest Service shall ensure that the designs of all projects

affecting historic lookouts are compatible with the historic and architectural

qualities of such properties, and that the project designs are consistent with

the recommended approaches set forth in the Secretary of the Interior's

Standards for Historic Preservation Projects and the Standards for

Rehabilitation, as appropriate. It is reasonable to assume that projects which

are in conformance with these standards will have either no effect or no

adverse effects to historic properties. Projects which are not in conformance

may result in adverse effects to historic fire lookouts.

2. The Forest Service shall ensure that plans for each historic preservation

project are submitted to the SHPO for review and comment, and to the Council in

instances when an effect is proposed to a historic fire lookout. The Forest

Service shall retain documentation of the project, including project reports,

and/or plans, and/or specifications, and completion photographs, as part of the

permanent project record.

3. Known structural problems that will cause continuing deterioration and will

shorten the life of the structure should be treated. Repair or rehabilitation

of damaged or inadequate existing structural systems is preferred over

replacement of historically significant structural members. Structural repair

or rehabilitation, which constitutes an undertaking, requires consultation with

the SHPO and Council as appropriate.

4. Reinforcement required for structural stability or the installation of

necessary mechanical systems should be concealed whenever possible, so as not

to intrude or detract from the lookout's historic qualities, except where doing

so would result in destruction or alteration of significant historic fabric,

character, or spaces.

C. Additions, Alterations, or New Construction

1. The potential effects of additions, alterations, or new construction to

historic properties within project APEs must be assessed.

2. Additions or alterations to historic fire lookouts, or new construction

projects which include such properties within their APEs, are usually not

considered to have adverse effects when they are consistent with the

recommended approaches in the Standards for Rehabilitation.

3. Whenever possible, additions or alterations shall be designed so that, if

they were to be removed from the historic fire lookout in the future, essential

form and integrity of the structures would be unaffected.

4. The design of additions or alterations to historic fire lookouts, and new

construction projects which include historic fire lookouts within their APEs

should be compatible with the historic character of the properties.

5. Introduction of elements that are incompatible with historic fire lookouts,

such as attaching communication equipment to a structure, may result in either

no adverse effects or adverse effects, depending on the nature of the

undertakings. Factors to be considered include size, design, location and

method of attachment.

D. Exchange, Lease, or Management Contracts

1. Section 111 of the National Historic Preservation Act authorizes the Forest

Service to lease and exchange historic properties to other parties, and to

enter into contracts for the management of historic properties, provided the

Forest Service finds that the lease, exchange, or management contract

adequately ensures preservation of the properties involved. This section

requires the Forest Service to consult with the Council before entering into

any of these activities. The Council has determined that it will use the

consultation process prescribed in 36 CFR Part 800 to meet the requirements of

Section 111.

2. The exchange, lease, or contract/permit of a historic fire lookout to a

nonfederal party may be considered to have no adverse effect on the property

under 36 CFR 800.9(c)(3) when "adequate restrictions or conditions are included

in the transfer instrument to ensure preservation of the property's significant

historic features." If such restrictions or conditions are not included, or if

the reviewing parties cannot be sure that the restrictions or conditions

included will ensure preservation, the exchange, lease, or contract/permit

shall be treated as having an adverse effect.

E. Demolition

The Forest Service must document that all prudent and feasible alternatives

have been thoroughly studied and considered before it proposes to demolish all

or part of a historic fire lookout. Demolition is considered to have an

adverse effect.

F. Relocation

The Forest Service must document that all prudent and feasible alternatives

have been thoroughly studied before it proposes to relocate all or part of a

historic fire lookout. Relocation of a historic fire lookout is considered to

have an adverse effect.

G. Neglect

The Forest Service shall assume responsibility for monitoring historic fire

lookouts for significant deterioration; when deterioration is detected, the

Forest Service should take measures, in consultation with the SHPO and Council,

as appropriate, to mitigate these effects. Failure to do so can result in

adverse effect.

V. EXEMPTIONS

The following activities do not require further consultation with the SHPO or

the Council.

A. Structural Elements

1. Repair or replacement of siding, trim, or hardware, when done in kind to

match existing material and design.

2. Replacement of glass, when done in kind to match existing material and

design. Window panes may be double or triple glazing as long as the glazing is

clear and replacement does not alter existing window material and form. This

excludes the use of tinted glass, whose use shall require consultation.

3. Maintenance of features such as frames, hoodmolds, panelled or decorated

jambs and moldings through appropriate surface treatments such as cleaning,

rust removal, limited paint removal, and reapplication of matching protective

coating systems.

4. Repair or replacement of doors, when done in kind to match existing

material and form.

5. Repair or replacement of roofs or parts of roofs that are deteriorated,

when done in kind to match existing material and design. Adequate anchorage

for roofing material to guard against wind damage and moisture penetration

shall be provided.

6. Repair or replacement of porches, cornices, stairs, and catwalks, when done

in kind to match existing material and design.

7. Repair of window frames by patching, splicing, consolidating or otherwise

reinforcing or replacing in kind those parts that are either extensively

deteriorated or are missing. The same configuration of panes will be retained.

B. Surfaces

1. Painting interior or exterior surfaces, when the new paint matches the

existing or original color. If the existing paint color is not desirable and

the original color is not known, the color should be in keeping with historic

color schemes to fire lookouts. Damaged or deteriorated paint may be removed

to the next sound layer by hand scraping or hand sanding. Abrasive methods,

such as sandblasting and waterblasting, are not allowed as an exemption.

2. Replacement or installation of caulking and weather-stripping around

windows, doors, walls, and roofs.

C. Interior Elements

1. Replacement of modern appliances and fixtures (e.g., ranges, refrigerators,

and bathroom fixtures). When associated historic cabinetry is intact and the

interior, in general, retains its historic appearance, the cabinetry will be

retained.

2. Repair or replacement of floor coverings, when done in kind to match

historic material and design.

3. Rendering inoperable, but not removing, gas lighting fixtures when another

inconspicuous light source is used.

4. Floor refinishing in kind.

?D. Utility Systems

1. Installation of mechanical equipment that does not affect the exterior of

the building or require installation of new duct work.

2. Replacement, removal, or upgrading of electrical wiring.

3. Replacement of floor furnaces and floor registers with surface mounted wall

heating systems or hot water electric appliances. Repairs to the floors will

be done with in kind materials and design.

4. Replacement of communication equipment, when the same size, shape, and

general configuration is retained, excluding large attenna and communications

dishes.

5. Replacement of metal water tanks with ones of fiberglass, when the color

and texture of the original tank is replicated or when landscaping camouflages

the replacement tank. Redwood tanks with plastic inserts are also feasible.

Construction of a structure around a tank to control temperature is allowed

when landscaping camouflages the change.

6. Replacement of lightning rod wiring with new #6 copper wire.

7. Replacement of and enlarging liquid propane gas systems, if tanks are

screened with landscaping materials.

8. Replacement, removal, or upgrading plumbing systems when historic features,

such as hand pumps, are left in place. Historic plumbing fixtures should be

retained and used if possible.

E. Surrounding Features

1. Replacement of signs in kind.

2. Ongoing maintenance of immediately surrounding landscaping, including such

modifications as removing hazardous vegetation or adding rocks to define paths.

3. Use of interpretive signs or exhibit structures which are not attached to

the structure and do not visually intrude on the historic property. These

should be constructed of materials and painted colors that harmonize with the

historic property and its setting.

4. Repair or replacement of driveways and walkways done in kind to match

existing materials and design.

5. Repair or replacement of fencing done in kind to match existing material

and design.

?F. New Materials

1. Installation of dry insulation.

2. Installation of security devices, including dead bolts, door locks, window

latches, and door peep holes.

3. Installation of fire or smoke detectors.

4. Installation of security systems.

G. Ground Disturbing Activities

Except in areas where Forest Service files indicate the presence of an

archeological site, the following exemptions apply:

1. Excavations for repair or replacement of building footings or foundation

work within two (2) feet of existing footings and foundations.

2. Installation of utilities, such as sewer, water, storm, electrical, gas,

leach lines, and septic tanks, where installation is restricted to specific

areas previously disturbed by installation of these utilities.

VI. MITIGATION

A. Mitigation is the term for actions that reduce or compensate for the change

an undertaking makes to historic properties. Although mitigation measures are

often thought of in terms of preparing Memoranda of Agreement, they can be

considered and discussed during any phase of a project. They can be considered

during the planning or consultation stages of the Section 106 process to reduce

the level of effects to historic properties, e.g., reducing an adverse effect

to a no adverse effect. Mitigation measures shall appear as stipulations in

Memoranda of Agreement to lessen the effects of unavoidable adverse effects.

Such agreement documents shall be prepared by the Forest Service according to

the guidelines provided in the Council's draft "Preparing Agreement Documents."

B. Mitigation measures include but are not restricted to the following.

1. Development of a legally enforceable covenant, restriction, easement, or

special condition to reduce the effects of a transfer, exchange, lease, or

management contracting of historic fire lookout.

2. When the Forest Service has determined that it no longer needs a historic

fire lookout or can no longer maintain it, but when a recipient for the

property has not been identified, a Memorandum of Agreement (MOA) may be

executed providing for the marketing of the property. A marketing stipulation

providing for the relocation of a lookout may also be included in a MOA. A

marketing plan shall be prepared in consultation with the SHPO that includes an

information package about the property, a distribution list of potential

transferees, an advertising plan and schedule, and a schedule and plan for

receiving and reviewing offers. A marketing plan should also include a

reference to any preservation restrictions (e.g., easements) to be conveyed

with the title of the property to a new owner. The Forest Service will review

all offers in consultation with the SHPO prior to acceptance. If there is no

acceptable offer, the Forest Service, with the approval of the SHPO, may

transfer the property without preservation covenants. In that situation, the

property shall be documented to HABS/HAER standards prior to transfer.

3. Relocating a historic fire lookout, either to another location within the

forest or to a site outside the forest, can be considered a way to mitigate

adverse effects of proposed demolition or other detrimental action. The Forest

Service shall ensure that the SHPO is afforded the opportunity to review and

comment on the relocation plan, which shall include a description of the new

site, documentation of the lookout in its original setting and context, moving

plans, and protection from vandalism and weather damage during the time it is

unoccupied. Following the move, the Forest Service shall afford SHPO the

opportunity to comment on reevaluation of the property at its new site.

4. Limiting the magnitude of an undertaking, modifying the undertaking through

redesign, reorientation of construction on the project site, or other similar

changes, can often reduce an adverse effect to one which is not adverse. The

repair, rehabilitation, or restoration of an affected historic fire lookout, as

opposed to a proposed detrimental action such as demolition, also has the

possibility of lessening an adverse effect. These mitigation measures should

be considered early in the planning and consultation stages of an undertaking.

5. When historic fire lookouts must be demolished, substantially altered,

allowed to deteriorate, or transferred out of federal ownership or control, its

recordation shall be provided for. The Historic American Buildings Survey

(HABS) of the National Park Service's Western Regional Office has provided

guidelines to the Forest Service for documentation of historic fire lookouts

(Attachment I). Should HABS recordation be required as a mitigation measure

for an adverse effect, those guidelines shall be used.

6. The salvage of architectural or engineering elements would be an

appropriate mitigation measure when the historic fire lookout contains

significant architectural or engineering features that might be reused or

should be saved for curation. A salvage plan shall be developed with the SHPO,

taking into account the features to be removed, and their future disposition.

VII. REFERENCES

In implementing this management plan, the following documents should be

consulted as appropriate:

Advisory Council on Historic Preservation. "36 CFR Part 800: Protection of

Historic Properties." 1986

------. "Preparing Agreement Documents." 1989.

Chambers, J. Henry. Cyclical Maintenance for Historical Buildings. U.S.

Department of the Interior, 1976.

Curtis, John Obed. Moving Historic Buildings. U. S. Department of the

Interior. 1979.

U.S. Department of Agriculture, Forest Service. "Thematic Study of Fire

Lookouts in the Pacific Southwest Region". 1989.

U.S. Department of the Interior. The Secretary of the Interior's Standards for

Historic Preservation Projects with Guidelines for Applying the Standards.

1985.

-----. The Secretary of the Interior's Standards for Rehabilitation and

Guidelines for Rehabilitating Historic Buildings. 1983.