MEMORANDUM OF UNDERSTANDING AMONG THE NATIONAL GUARD BUREAU, THE ARKANSAS NATIONAL GUARD AND THE QUAPAW TRIBE OF OKLAHOMA ( O-GAH-PAH )

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1 MEMORANDUM OF UNDERSTANDING AMONG THE NATIONAL GUARD BUREAU, THE ARKANSAS NATIONAL GUARD AND THE QUAPAW TRIBE OF OKLAHOMA ( O-GAH-PAH ) Whereas, the National Guard Bureau (NGB) has a federal mission operating in accordance with federal statutes, regulations and policies, including but not limited to, the National Historic Preservation Act of 1966, as amended, Department of Defense Instruction DoD Interactions with Federally-Recognized Tribes and Executive Order Consultation and Coordination with Indian Tribal Governments; and Whereas, the Arkansas National Guard has a federal mission that includes federal military training and federally-funded activities on land it owns, leases or controls within Arkansas (See Attachment D for a list of Arkansas National Guard Installations and Readiness Centers); and Whereas, the NGB, the Arkansas National Guard and the Quapaw Tribe of Oklahoma ( O-Gah- Pah ), henceforth referred to as the parties herein intend to provide procedures for routine communications, protection of cultural resources information, meeting the tribal consultation requirements set forth above and improvement of cultural resource stewardship; and Whereas, the Arkansas National Guard activities may have an adverse effect on historic properties included in or eligible for the National Register of Historic Places and that are of traditional religious and cultural importance to the Quapaw Tribe; and Whereas, the Arkansas National Guard has consulted with the Quapaw Tribe, a federally recognized sovereign Indian Nation, on a government-to-government basis to develop this Memorandum of Understanding (MOU); and Whereas, the parties to this MOU recognize that the Quapaw Tribe possesses the unique knowledge and expertise to identify and evaluate historic properties of traditional religious and cultural significance; and Whereas, through the use of this MOU, the parties intend to maintain a close relationship in cooperation and good faith as partners and stewards of cultural resources; and Whereas, no portion of this MOU should be interpreted to limit the rights, duties, or responsibilities as may be implemented under state and federal statutes, regulations, policies, Executive Memoranda or Executive Orders and related documents; Now, Therefore, the NGB, the Arkansas National Guard and the Quapaw Tribe agree that communication between the parties will be as follows: I. Routine Communications A. The Arkansas National Guard will host a consultation meeting at least once every two (2) years, as funding will allow. This may be combined with, or substituted by, individual meetings with Tribes at Tribal headquarters.

2 B. The Arkansas National Guard will visit Tribal officials at Tribal headquarters in Quapaw, OK or a mutually agreed upon location. The Arkansas National Guard will make biennial visits in lieu of hosting a consultation meeting or as necessary to fulfill the obligations of this MOU. C. Face to face meetings are preferred; however, when it is not possible, Section 1 Parts D-F will apply. In addition, the United States Postal Service (certified or regular U.S. mail) will be utilized should the methods of communication listed in Attachment B. fail. D. Regarding projects, reports and other document review or routine correspondence, the Quapaw Tribe will have forty-five (45) days from receipt to review and comment. The Arkansas National Guard will telephone within 30 days as a follow-up. After forty-five (45) days, or less if mutually agreed, the Arkansas National Guard will move forward. E. The parties agree to maintain the confidentiality of information pertaining to historic properties of traditional religious or cultural significance as provided for by Section 304 of the National Historic Preservation Act of 1966, as amended; Executive Order of 1996 Indian Sacred Sites; and Section 3 of the Arkansas State Antiquities Act (Act 58 of 1967). See Definitions Attachment E. for explication and other pertinent authorities. F. The NGB, the Arkansas National Guard and the Quapaw Tribe will each designate a consultation representative. Each party will provide contact information in Attachments A and B. Contact information will be maintained and updated as appropriate. II. Development, Review and Implementation of the Statewide Arkansas Integrated Cultural Resources Management Plan (ICRMP) A. The Arkansas National Guard will provide for the Tribe s meaningful involvement in the development and implementation of the ICRMP. The Arkansas National Guard will develop and implement strategies in consultation and collaboration with the Tribe, to avoid, minimize or mitigate adverse effects to cultural resources as specified in the statewide ICRMP. B. The Arkansas National Guard ICRMP, initiated in 2002, is reviewed every year and revised every five (5) years or as circumstances warrant (change in mission, real property ownership, etc). The Arkansas National Guard will provide the Quapaw Tribe at least sixty (60) days to review and comment on the five-year revisions to the ICRMP, and address the Tribe s comments and concerns through consultation. The Arkansas National Guard will provide the Tribe with a copy of the final ICRMP or revision pages. In addition, the Arkansas National Guard will annually provide the Tribe a list of proposed projects for the upcoming fiscal year. The final ICRMP and revisions will be a component plan of the Arkansas National Guard state installation Master Plan, and other plans where appropriate (e.g., master, training and environmental plans). III. Tribal Area for Consultation The Arkansas National Guard will identify areas of interest through consultation and by utilizing the Quapaw Tribe s map by county as delineated in Attachment C.

3 IV. Administrative A. Nothing in this MOU will be interpreted to alter the requirements of federal and state laws, or their implementing regulations. In the event any portion of this MOU is deemed contradictory to law or regulation, only that contradictory portion becomes void, and the remaining portions of the MOU will remain in effect. If at any time during implementation of this MOU, either party has a concern, both agree to appropriate consideration and consultation intended to resolve that issue. B. Nothing in this MOU will be construed as limiting or affecting the privileges or sovereign immunity of any party. Nothing in this MOU will be construed as limiting or affecting the legal authority of the parties. Commitments made from this MOU are subject to the availability of funds. Any endeavor involving reimbursement or contribution of funds between the parties to the MOU shall be handled in accordance with applicable laws, regulations and procedures. C. This MOU is executed as of the last date shown below, and will remain in effect until rescinded in writing. The MOU may be revised by mutual agreement. Either party upon a ninety (90) day written notice can unilaterally terminate this MOU. Now, Therefore, it is agreed upon that the National Guard Bureau, the Arkansas National Guard and the Quapaw Tribe will cooperate in good faith to carry out the terms as stated in this MOU. William D. Wofford John L. Berrey Major General Tribal Business Committee Chairman The Adjutant General Quapaw Tribe of Oklahoma Arkansas National Guard ( Oh-Gah-Pah ) (Date) (Date) Michael C. Ahn Colonel, U.S. Army Chief, Environmental Programs Division Army National Guard Directorate (Date)

4 ATTACHMENT A National Guard Bureau and Arkansas National Guard Points of Contact (POC) National Guard Bureau Cultural Resource POC Stephanie Webber, Cultural Resources Program Manager Army National Guard Directorate ARNG-ILE-T 111 S. George Mason Drive Arlington, VA stephanie.e.webber.ctr@mail.mil Arkansas National Guard Cultural Resource POC Eric R. Mills, Arkansas Army National Guard Cultural Resource Manager Arkansas National Guard Office of the Adjutant General ATTN: DCSEN-E Box 5 Camp Joseph T. Robinson North Little Rock, AR (office) (cell) (fax) eric.r.mills.nfg@mail.mil LTC Spencer W. Robinson, Arkansas Army National Guard Environmental Section Chief Arkansas National Guard Office of the Adjutant General ATTN: DCSEN-E Box 5 Camp Joseph T. Robinson North Little Rock, AR (office) (fax) spencer.w.robinson.mil@mail.mil

5 ATTACHMENT B Cultural Resource Points of Contact: Quapaw Tribe of Oklahoma Preferred method of routine communication with each POC (Please rank 1-3) For delivery of reports, documents, attachments US Postal Service/certified letter or package w/ attachments phone call For follow up communication letter phone call Please provide the following contact information for the individual(s) you would like contacted for consultation purposes: Name: Everett Bandy Title: Tribal Historic Preservation Officer Tribe: Quapaw Tribe of Oklahoma Name: John L. Berrey Title: Tribal Business Committee Chairman Tribe: Quapaw Tribe of Oklahoma Mailing Address: Mailing Address: P.O. Box 765 P.O. Box 765 Quapaw, OK Quapaw, OK Phone: / cell: Phone: Fax: Fax: ebandy@quapawtribe.com jberrey@ogapah.com Name: Carrie V. Wilson Title: NAGPRA Representative Tribe: Quapaw Tribe of Oklahoma Mailing Address: 223 E. Lafayette St. Fayetteville, AR Phone: / cell: Fax: nagpra.106@hotmail.com

6 ATTACHMENT C Tribal Area of Interest: Quapaw Tribe of Oklahoma Map Information The map shows all Arkansas National Guard owned or controlled properties. Please shade the counties or regions of interest to your Tribe; you may also list counties in the editable field. If you are only interested in the major training areas, circle them below. Please indicate if the Arkansas National Guard may share this information with other Tribes. yes no

7 Undertaking/Action Information - Please check what types of undertakings are of interest to your Tribe: 1. Major Training Areas (See Attached List) Other New construction Major changes in training types Demolition of existing structures Additions to existing structures Transfer of ownership of land Archeological survey or testing 2. Readiness Centers (See Attached List) Other Demolition of existing structures Additions to an existing structure Transfer of ownership of land The construction of new Readiness Centers in the counties you selected above Archeological survey or testing 3. In an effort to reduce excessive correspondence, the following project types are excluded from routine communication: Work conducted within previously disturbed area; i.e., repaving roads or minor roadwork that occurs within the existing and previously disturbed roadbed or easement, repair of an underground pipe or utility lines within the previous trench Building maintenance, renovations, and additions with no ground disturbance Building demolition that will not result in ground disturbance Other Ground disturbance includes new surface area as well as disturbance to new depths. agree do not agree

8 ATTACHMENT D Arkansas Army National Guard Statewide Installations as of July 2013 TRAINING INSTALLATION NAME CITY COUNTY Robinson Maneuver Training Center (RMTC) NORTH LITTLE ROCK PULASKI / FAULKNER Fort Chaffee Joint Maneuver Training Center (FCJMTC) FORT SMITH SEBASTIAN / FRANKLIN / CRAWFORD READINESS CENTER FACILITY NAME CITY COUNTY John B. Beard Armory AUGUSTA WOODRUFF Batesville Armory BATESVILLE INDEPENDENCE Harris-Young Armory BEEBE WHITE BG Gerald W. Porter ARNGRC BENTON SALINE Northwest Arkansas Armed Forces Reserve Center BENTONVILLE BENTON Berryville Armory BERRYVILLE CARROLL Billy C. Hyde Armory BLYTHEVILLE MISSISSIPPI Booneville Armory BOONEVILLE LOGAN Brinkley Armory BRINKLEY MONROE Cabot Readiness Center CABOT LONOKE Camden Armed Forces Reserve Center CAMDEN OUACHITA Clarksville Armory CLARKSVILLE JOHNSON Selby-Ross Armory CONWAY FAULKNER Crossett Armory CROSSETT ASHLEY Morris R Moore Armory DARDANELLE YELL Herman Dierks Armory DEQUEEN SEVIER Fayetteville Armory FAYETTEVILLE WASHINGTON Forrest City Armory FORREST CITY ST. FRANCIS Fort Chaffee Armed Forces Reserve Center FORT SMITH SEBASTIAN Josiah Brinkerhoff Armory HARRISBURG POINSETT Harrison Armory HARRISON BOONE Hazen Armory HAZEN PRAIRIE Heber Springs Armory HEBER SPRINGS CLEBURNE Delony - Cook Armory HOPE HEMPSTEAD Lincoln Armory LINCOLN WASHINGTON MG Earl T. Ricks Armory LITTLE ROCK PULASKI Lonoke Armory LONOKE LONOKE Magnolia Armory MAGNOLIA COLUMBIA Larry E. Norwood Armory MALVERN HOT SPRINGS Marshall Armory MARSHALL SEARCY Nations National Guard Armory MENA POLK Monticello Armory MONTICELLO DREW Morrilton Armory MORRILTON CONWAY Mountain Home Armory MOUNTAIN HOME BAXTER Newport Armory NEWPORT JACKSON

9 READINESS CENTER FACILITY NAME CITY COUNTY Raymond W. Fisher Armory NORTH LITTLE ROCK PULASKI MG Joseph R. Chappell, Jr. Armory RMTC PULASKI MG Thomas M. Phillips Armory RMTC PULASKI ARNGRC (Aviation) RMTC PULASKI 777th Aviation Support Battalion Armory RMTC PULASKI CSM Keith W. Tucker Armory OZARK FRANKLIN Paragould Armory PARAGOULD GREENE Paris Armory PARIS LOGAN Tom B. (Bussy) Lee Jr. Armory PRESCOTT NEVADA Rector Armory RECTOR CLAY Russellville Armory RUSSELLVILLE POPE COL A J. Bo Baker Armory SEARCY WHITE Charles N Gentry Armory SHERIDAN GRANT Siloam Springs Armory SILOAM SPRINGS BENTON Barney G. Smith Readiness Center STUTTGART ARKANSAS Markham National Guard Armory TEXARKANA MILLER Lawrence E. Robert Armory WALNUT RIDGE LAWRENCE Jerry P. Richardson ARNGRC WARREN BRADLEY West Helena Armory WEST HELENA PHILLIPS West Memphis Armory WEST MEMPHIS CRITTENDEN PFC William H. Thomas Armory WYNNE CROSS

10 ATTACHMENT E Definitions For the purpose of this Memorandum of Understanding, the following definitions will apply: 1. National Historic Preservation Act (NHPA) of 1966, as amended The NHPA establishes the federal government s policy to provide leadership in the preservation of historic properties and to administer federally owned or controlled historic properties in the spirit of stewardship. Regulation 36 CFR 800 sets forth the procedural requirements to identify, evaluate, and determine effects of all undertakings on historic properties. 2. Section 304 of the National Historic Preservation Act of 1966, as amended Section 304 of NHPA provides protection from public disclosure of information about a historic property that might result in harm to the property, a significant invasion of privacy, or impediments to traditional religious practice at a site. Section 304 states, The head of a federal agency or other public official receiving grant assistance pursuant to this Act, after consultation with the Secretary, shall withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if the Secretary and the agency determine that disclosure may cause a significant invasion of privacy, risk or harm to the historic resources, or impede the use of a traditional religious site by practitioners. 3. Department of Defense (DOD) Instruction DOD Interactions with Federally-Recognized Tribes. This instruction implements DOD policy, assigns responsibilities, and provides procedures for DOD interactions with federally recognized tribes in accordance with DOD Directive ; DOD Directive E; DOD Instruction ; Secretary of Defense Policy dated October 20, 1998; EO 13175; and the Presidential Memorandum dated September 23, Executive Order (EO) Indian Sacred Sites EO guides each executive branch agency with statutory or administrative responsibility for the management of Federal lands on accommodating access to and ceremonial use of American Indian sacred sites by American Indian religious practitioners, and avoiding adversely affecting the physical integrity of such sacred sites. The EO also states, Where appropriate, agencies shall maintain the confidentiality of sacred sites. 5. Executive Order (EO) Consultation and Coordination with Indian Tribal Governments This EO directs the federal government to establish regular and meaningful consultation and collaboration with tribal officials in the development of federal policies that have tribal implications, strengthen the United States government-to-government relationships with federally recognized tribes and Native Hawaiian organizations, and reduce the imposition of unfunded mandates upon such groups.

11 6. Arkansas State Antiquities Act (Act 58 of 1967) Act 58 provides for the Protection and Preservation of Arkansas Archeological Heritage, its antiquities, artifacts, and sites. Section 3 of the Act states, All State agencies, departments, institutions, and commissions, as well as all counties and municipalities, shall cooperate fully with the Arkansas Archeological Survey in the preservation, protection, excavation, and evaluation of artifacts and sites found or discovered on property owned or controlled by the state. 7. Historic Properties any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on the National Register, including artifacts, records, and material remains related to such a property, as defined in Sec. 301[5] of 16 U.S.C. 470w. 8. Tribe any tribe, band, nation, or other organized group or community of Indians, including Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians as defined in Section 2 of 25 U.S.C Undertaking a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, includinga. those carried out by or on behalf of the agency; b. those carried out with federal financial assistance; c. those requiring a federal permit, license, or approval; and d. those subject to State or local regulation administered pursuant to delegation or approval by a federal agency [16 U.S.C. 470w Sec. 301(7)].