Division A - Department of Defense Authorizations
Title X - General Provisions

Subtitle E - Other Matters

Section 1045

Section 1045 would authorize the Secretary of Defense and the Secretaries of the military departments to enter into cooperative agreements with State, local, or tribal governments and other entities for the preservation, management, maintenance, and improvement of cultural resources off military installations and for the conduct of research regarding the cultural resources. Currently, under section 2684 of title 10, United States Code, this authority is limited to such cooperative agreements related to cultural resources on military installations.

The authority to enter into these cooperative agreements related to cultural resources located off military installations, and to expend available funds for that purpose, would enable the Department of Defense to expend funds related to activities off the installation to mitigate the adverse effects related to undertakings on historic properties on an installation. Historic properties include, for example, archeological sites, buildings, and structures. This alternate mitigation could be used for compliance with section 106 of the National Historic Preservation Act (NHPA).

Alternatives could include mitigation in another location, the purchase of land or preservation easements off the installation, and the development of research contexts. The exact alternate mitigation plan would be developed in consultation with stakeholders. When possible, efforts would be combined with other environmental easements and buffer zone initiatives.

This alternate mitigation authority will provide additional flexibility for the Department to comply with section 106 of the NHPA. The alternate mitigation would be used in lieu of traditional mitigation required by section 106, which is focused on the specific historic property located within the area of potential effect for the undertaking and subject to adverse effects from the undertaking. Alternate mitigation would expedite NHPA compliance and improve the Department's ability to meet changing training needs and land use.

The section would also expand the definition of "cultural resource" under section 2684 to include an Indian sacred site.

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