THE NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR

AGREEMENT BETWEEN

THE NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR

AND THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS FOR THE

ASSUMPTION BY THE TRIBE OF CERTAIN RESPONSIBILITIES PURSUANT TO

THE NATIONAL HISTORIC PRESERVATION ACT (16 U.S.C. 470)

WHEREAS, sovereign Indian tribes are uniquely suited to make decisions about

historic resources on tribal lands; and

WHEREAS, enhancing the role of Indian tribes in the national historic

preservation partnership will result in a stronger and better national effort to identify and

protect historic and cultural resources for future generations of all Americans; and

WHEREAS, Section 101(d)(2) of the National Historic Preservation Act provides

that, "A tribe may assume all or any part of the functions of a State Historic

Preservation Officer in accordance with subsections (b)(2) and (b)(3),... with respect to

tribal lands”; and

WHEREAS, in accordance with Section 101(d)(2)(A) of the Act, the Tribal

Council of The Little Traverse Bay Bands of Odawa Indians (Tribe) has requested

approval to assume certain of those functions on lands within the exterior boundaries of

the Tribe’s Reservation and on those lands outside the reservation boundaries held in

trust by the Secretary for the benefit of the Tribe; and

WHEREAS, in accordance with Section 101(d)(2)(B) of the Act, the Tribe has

designated a Tribal Historic Preservation Officer to administer the tribal historic

preservation program; and

WHEREAS, in accordance with Section 101(d)(2)(C) of the Act, the Tribe has

provided to the Secretary acting through the National Park Service a plan that describes

how the functions the Tribe proposes to assume will be carried out; and

WHEREAS, Section 301 of the Act defines “tribal lands” to include all lands

within the exterior boundaries of an Indian Reservation and lands held in trust by the

Secretary for the benefit of the Tribe; and

WHEREAS, the National Park Service, on behalf of the Secretary, has reviewed

the Tribe’s plan for conformance with the applicable Federal regulations, 36 CFR 60,

and 36 CFR 61, and has determined that the plan meets the requirements of those

regulations; and

WHEREAS, thé National Patk Service, on behalf of the Secretary, has reviewed

the plan and has determined in accordance with Section 104(d)(2)(D)(i) that the Tribe is

fully capable of carrying out the*fiinctions specified in the Tribe's plan. Now, therefore,

THE NATIONAL PARK SERVICE AND THE LITTLE TRAVERSE BAY BANDS

OF ODAWA INDIANSDO HEREBY AGREE AS FOLLOWS:

1. The Little Traverse Bay Bands of Odawa Indians assumes responsibility on

lands within the Reservation’s exterior boundaries and on tribal trust lands for the

following functions set out in Section 101(b)(3) of the Act:

A. Direct and conduct a comprehensive, Reservation-wide survey and maintain

an inventory of historic and culturally significant properties;

B. {dentify and nominate eligible properties to the National Register of Historic

Places of Historic Places and otherwise adrninister applications for listing historic

properties on the National Register,

C. Develop and implement a comprehensive, Reservation-wide historic

preservation plan covering historic, archeological, and traditional cultural

properties;

D. Administer the tribal program of Federal assistance for historic preservation

within the Tribe;

E. Advise and assist, as appropriate, Federal and State agencies and local

governments in carrying out their historic preservation responsibilities;

F. Cooperate with the Secretary, the Advisory Council on Historic Preservation,

and other Federal agencies, State agencies, local governments, and

organizations and individuals te ensure that historic properties are taken into

consideration at all levels of planning and development;

G. Provide public information, education and training, and technical assistance

in historic preservation;

H. Consult with the appropriate Federal agencies in accordance with Section

106 of the Act on:

i. Federal undertakings that may affect historic and culturally significant

properties within the boundaries of the Reservation;

ii. the content and sufficiency of any plans to protect, manage, or to

reduce or mitigate harm to such properties.

2. In accordance with the Tribe's plan noted above, the State Historic

Preservation Officer (SHPO) of Michigan, in consultation and cooperation with the

Tribe, retains responsibility for the functions in Section 101(b)(3), as follows:

A. Cooperate with local governments in the development of local historic

preservation programs and assist local governments in becoming certified

pursuant to subsection (c) of the Act;

B. Advise and assist in the evaluation of proposals for rehabilitation projects that

may qualify for Federal assistance, such as historic preservation income tax

credits.

3. The SHPO, in accordance with Section 101(d)(2)(D){iii) of the Act, may

exercise the historic preservation responsibilities along with the tribal preservation

official on land within the reservation’s exterior boundaries that is neither owned by a

tribal member nor held in trust for the tribe by the Secretary, provided that the owner of

such property requests the SHPC's participation;

4. In evaluating the significance of and impact on historic and cultural resources,

the Tribal Historic Preservation Officer will consult, as needed, with individuals who

meet the Secretary's Standards for the discipline or.diseiplines that correspond to the

resource under consideration. In any case where the individual consulted is not a staff

member the Tribal Historic Preservation Officer will retain a record of the consultation.

5. The Little Traverse Bay Bands of Odawa Indians Tribal Council will serve as

the Tribal Historic Preservation Officer's Advisory Review Board (Advisory Board) for

the purposes of this agreément.. The Tribal. Historic Preservation Officer will, in

accordance with Section 101(d)(4)(C), provide for the appropriate participation in the

historic preservation program by the tribe's traditional cultural authorities through

merribership on its Advisory Board and through Such.other means as the Officer deems

appropriate. Before making any decision pursuant to this agreement that affects a

property of significance to another tribe whose traditional lands are within the Tribe’s

ttibal lands, the Tribal Historic Preservation Officer will consult with the appropriate

representative(s) of that other tribe. The Tribal Historic Preservation Officer will provide

for the appropriate participation of the interested public by soliciting public comments in

a manner described in the Tribe’s plan.

6. The Tribe will carry out its responsibilities for review of Federal undertakings

pursuant-to Section 106 of the Act in accordance with the regulations @6-CFR Part

860) of the Advisory Council on Historic Preservation. In the event that the Tribe seeks

to substitute its own review procedures for those established by the Council, such

substitution is subject to a separate negotiation with the Council, pursuant to Section

101(d)(5) of the Act.

7. The Little Traverse Bay Bands of Odawa Indians will consider nominations to

the National Register of Historic Places in accordance with 36 CFR 60. In accordance

with the Tribe’s plan and consistent with Item 4 above, the Tribal Historic Preservation

Officer will ensure that the Tribal Historic Preservation Officer's Advisory Board has

access to appropriately qualified individuals in carrying out its review of National

Register nominations.

8. The Tribal Historic Preservation Officer will provide to the National Park

Service a brief annual written report en the Tribe's accomplishments pursuant to this

agreeirient. The report will include, ata minimnum, the number of additional properties

surveyed and added to the Tribe's inventory, the.rumber of Federal undertakings

reviewed pursuant to Section 106 ofthe Act, and a description of any educational

activities and programs carried out. The report shall not.be construed as requiring the

provision of information that the Tribe deems to be sensitive or culturally inappropriate.

9. As of the date of this agreement, the Little Traverse Bay Bands of Odawa

Indians’ Tribal Historic Preservation Officer is Mr. Wesley Andrews. The Tribe will notify

the National Park Service whenever there is a vacancy in the position and whenever a

successor is designated by the Tribe.

40. The National Park Service will, in accordance with Section 101(d)(1)(A) of

the Act foster communication, cooperation, and coordination among the Tribe, the State

Historic Preservation Officer, and Federal agencies in the administration of the national

historic preservation program. All-such efforts by NPS will be on.an as-needed basis

and will be baséd on cénsultation with the Trbe to ensure that tribal values are fully

respected.

41, The National Park Service, upon execution of this agreement, will notify all

Federal Preservation Officers, the Advisory Council on Historic Preservation, the State

Historic Preservation Officer of Michigan, the National Association of Tribal Historic

Preservation Officers, and the National Conference of State Historic Preservation

Officers that the Little Traverse Bay Bands of Odawa Indians has assumed formal

responsibility on lands within the Reservation’s exterior boundaries for all of the

functions set out in Item 1 above. In particular, such notice-shail make. clear that the

Tribe has assumed the role of the State Historic Preservation Officer on lands within the

Reservation's exterior boundaries for the purposes of consultation on Federal

undertakings pursuant to Section 106 of the National Historic Preservation Act.

42. The National Park Service will consult with the Little Traverse Bay Bands of

Odawa Indians to determine what technical assistance the 7ribe needs and wants.in

order to enhance its participation in the national historic preservation program. Based

on that consultation, NPS will make available to the Tribe such technical assistance as

is appropriate and feasible. The Tribe is eligible for grants-in-aid from the Historic

Preservation Fund to-assist in carrying out the duties it has assumed under this

agreement. However, nothing in this Memorandum of Agreement requires the National

Park Service to provide financial assistance to the Tribe to carry out the functions it has

assumed under this agreement. Only a separate grant agreement, cooperative

agreement or contract obligates NPS to provide funding for tribal activities.

13. The National Park Service, pursuant to Sections 101(d)(2) and 101(b)(2) of the Act,

and in direct consultation with the Tribe, will carry out a periodic review of the Tribe's

program. pursuant to the Act, to-ensure that the Tribe is carrying out the program in

conformance:with the Tribe's plan and with this agreement. To the greatest extent

feasible, the review will be a collegial process that involves both NPS and the Tribe in a

mutual evaluation and assessment of the program. Generally, such a review will occur

every four years.

14. The Little Traverse Bay Bands of Odawa Indians may terminate this

agreement for any reason by providing the National Park Service sixty days’ written

noticé of such termination. The National Park Service may terminate this agreement

upon determining that the Tribe has not carried out its assumed responsibilities in

accordance-.with this agreement, the Act, or any other applicable Federal statute or

regulation. Unless:circumstances warrant immediate action, NPS will not terminate the

agreement withoutfirst providing the Tribe a reasonable and appropriate opportunity to

correct any deficiencies.

15. This agreement may be amended only by a written instrument executed by

the Little Traverse Bay Bands of Odawa Indians and the National Park Service.

16. This agreement shall become effective upon signature by the Director of the

National Park Service or his:designee, which signature shall net occur until after the

Tribal Chairperson of the Little Traversé Bay Bands. of Odawa Indians has signed the

agreement.

FOR THE NATIONAL PARK SERVICE:

Ae rioS3, Nera — 2-7 Zo-llp

i B. Jarvis, Dyfectol Date

FOR THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS:

antote to . eo

ik Lites aN Gao Toetey, HnD LS

Regina Gasco Beritley, Tribal Chairperson Date