U.S. Department of the Interior
Bureau of Land Management
Meeting of the Preservation Board
December 3 and 4, 2002
In Attendance: Preservation Officer Robin Burgess (WO); Deputy Preservation Officers (DPO) Bob King (AK), Gary Stumpf (AZ), Russ Kaldenberg (CA), Dan Haas (CO), Troy Ferone (ES), Stan McDonald (ID), Gary Smith (MT), Steve Fosberg (NM), Richard Hanes (OR), and Garth Portillo (UT); Field Office Managers Gail Acheson (AZ), Jim Dryden (ES), Sue Richardson (OR), and Maggie Wyatt (UT); and Field Office Specialists Carol-Anne Murray (WY) and Howard Smith (AK).
Also Attending: Marilyn Nickels, Division Chief (WO), John Douglas (WO), Richard Brook (WO), Jerry Cordova (WO), Dan Martin (WO), and Kate Winthrop (WO). Ron Anzalone (Advisory Council on Historic Preservation (Council), Kathy Adams (National Trust for Historic Preservation (Trust)), Hal Hallett (BLM-Recreation Group), and Kirk Halford (BLM-Bishop Field Office) gave presentations on 4 Dec 02.
Recorder: Ranel Capron (WY)
Facilitator: Linda Clark (ID)
Location: Old Town Holiday Inn, Alexandria, VA.
Welcome and Recognition
The Board welcomed new members Jim Dryden, Maggie Wyatt and Howard Smith. Marilyn Nickels then thanked Russell Kaldenberg for his efforts to provide Board Members with mementoes of their terms of office and presented John Douglas with a BLM briefcase, mouse pad and plaque showing his dates of service as Board Chair.
June 02 Action Item Updates
Work Force Planning. Richard Brook reported the work group's finding that in the next five years many BLM cultural resources professionals will become retirement-eligible and the group's recommendations for addressing the potential loss of experience, institutional history and expertise.
Action Item: Richard Brook will reconvene the working group by conference call and report status at the June 2003 Preservation Board meeting.
Off Highway Vehicle (OHV) Recreation. Russell Kaldenberg presented IB CA-2002-055 Guidance for Cultural Inventory for the Issuance of Special Recreation permits.
The Board discussed the national applicability of the California policy and determined that a national policy would have to go beyond special event permitting to address National Historic Preservation Act (NHPA) Section 106 compliance requirements for more casual OHV use. The Board determined that designation of a specific route or other use area triggered a NHPA Section 106 consultation, but noted that funds were not currently available from Recreation, Planning or Deferred Maintenance to fund necessary inventories.
Action: The Board will continue to address NHPA Section 106 compliance requirements for OHV use, including the feasibility of a national, as opposed to state, policy and a process for addressing cultural resources requirements for OHV use.
Foundations Class. We are currently on track to provide this class in Phoenix the week of 28 April to 2 May, with Deputy Preservation Officers (DPOs) and WO staff as instructors, pending availability of sufficient travel funds. The National training Center has been very supportive of this effort and is interested in working with the Board on development of more advanced courses.
Action: The working group will continue to prepare course materials for a 28 April 02 Foundations Course.
Society for American Archeology. Troy Ferone reminded the Board that April 8-9, 2002 are the dates for the BLM meeting to be held in conjunction with the Society for American Archaeology Annual Meeting. The Board responded that the ability of state and field office representatives to attend will depend on availability of travel funds.
Action: For planning purposes, Troy Ferone will send an E-Mail in January along with agenda suggestions and a request for a final headcount by 31 January.
Fire Archeology. Kate Winthrop provided a synopsis of the fire and fuels management program, emphasizing that the BLM plans to expand fuels reduction to 3M acres per year from the current 400K. We need to look closely at time saving strategies for doing our jobs, including using more technology and developing policies that emphasize the use of modeling, sensitivity maps and contracting. Sue Richardson mentioned that the Department is looking at ways to streamline National Environmental Policy Act compliance and anticipates publishing a proposed new rule in the Federal Register in the near future. Marilyn Nickels advised state leads to distribute this to their State Historic Preservation Officers to facilitate advanced discussion.
Action: Kate Winthrop will flag proposed changes to the NEPA process when published and host a meeting in early February for Fire Archeologists to identify program issues and priorities.
Cultural Resources Use Permitting System (CRUPS). Dan Martin provided an update on the CRUPS database. He ran into some technical difficulties but is now ready to proceed if the Board remains interested in development.
Action: Dan Martin will send out another request for comments on CRUPS before he begins a final revision.
Environmental Leadership Training (ELT) Meeting. Marilyn Nickels suggested that the Preservation Board might consider making a presentation to the ELT on tribal consultations.
Richard Brook noted that we have been operating under a continuing resolution that expires on Jan 11 2003. The earliest we can expect to have a standard appropriations bill is February 2003. We expect to receive At-Risk funding and money is available for data sharing. Nevada and Colorado get their money for data sharing as 1050 funds, but for most states data sharing will be funded through other programs. In Challenge Cost Share, we expect states to receive back more than the $46K they each gave up, depending on how Flex Funding is distributed. Richard Brook noted that most of the money for pro-active projects comes from outside sources or other programs, including the Protection and Response and Deferred Maintenance groups. Protection and Response would like us to work up standards for condition assessment reports in the future. Also in the future, states are encouraged to count every penny matched by partners because every little bit counts in competing for Challenge Cost Share funds. Marilyn Nickels gave kudos to Richard and Mike O'Neill for their efforts in keeping cultural resources projects competitive.
Action Items: The Board tasked a group to develop standards for condition assessments.
America's Priceless Heritage
Richard Brook reported that we have approval to republish Our Vanishing Past as a series of booklets. There will be thirteen stand alone publications: one general booklet and one booklet for each of twelve states. Final comments on the draft were due today but we will accept additional comments through 16 Jan 03.
Action Items: The Board has until 16 Jan 03 to provide any additional comments. Richard Brook will revise the manuscript for publication.
8100 Manuals (8100/8130/8140/8150)
John Douglas presented his proposal for restructuring the manual numbering system, identified sections for revision, and led discussion on the best process for completing reserved sections and manuals, and revising and approving final manuals. John Douglas then distributed copies of draft final 8100 series manuals and the new H-8120-1 handbook, and presented the rationale for separating the manuals into nine separate volumes. The new scheme is closer to the original fourteen manual format, better reflects our order of doing business, and facilitates reference. The Board approved the proposed new numbering scheme and discussed implications for state handbooks. The Board concluded that corresponding changes to state handbooks would be accomplished in conjunction with the next regularly scheduled revision. The Board then discussed each manual individually. Final manuals reference program goals that tier off of the Department's Strategic Plan, for programming and budgeting purposes.
8100 - The Foundations for Managing Cultural Resources. This manual was revised to include Executive Order 13007 and will include an expanded discussion on the role of preservation partners.
8110 - Identifying and Evaluating Cultural Resources. This volume will be revised to incorporate landscape level inventories and historic context statements, in addition to our traditional three classes of inventory; and also to tie inventory efforts to the BLM-State Historic Preservation Office data sharing efforts. The Board discussed the importance of addressing data standards and will provide comments on applicable sections.
8130 - Planning for Uses of Cultural Resources. Volume 8130 will be revised to incorporate the Information Bulletin No. 2002-101, Cultural Resources Considerations in Resource Management Plans, and additional material previously incorporated in the appendices of other manuals. Section 8130 is reserved for plans that are intermediary in scope between Resource Management Plans (RMPs) and Project Plans, including Fire Management Plans and Areas of Critical Environmental Concern Management Plans.
8140 - Protecting Cultural Resources. Volume 8140 on protection of cultural resources will require minimal revision.
8150 - Permitting Uses of Cultural Resources. Volume 8150 on permitting procedures will require minimal revision. Procedures have been in place since 1984 and the standard fieldwork authorization process can be applied or adapted to fit most requests.
8170 - Interpreting Cultural Resources for the Public. This proposed volume currently includes only limited text taken directly from the 8130 appendix and will require substantive writing.
Action: The Board will return major comments on the current drafts for these manuals by mid-January. WO will incorporate the comments and have the revised manuals ready to go to the field by 1 March 03, with a suspense of 1 April 03. The Board will have a conference call in April to decide who will work on revising the sections to incorporate field comments.
8100 Manuals (8120 and H-8120-H)
John Douglas and Jerry Cordova introduced the new format for the 8120 Consulting Indian Tribes About Cultural Resources and H-8120-1 Guidelines for Conducting Tribal Consultation.
8120 - Consulting Indian Tribes About Cultural Resources. This volume is an update to the old 8160 manual. In contrast to 8160, the new 8120 does not attempt to cover policy and process for all aspects of tribal coordination and consultation, only for those aspects, that relate to cultural resources requirements. However, since BLM's general administrative, 1600 and 1700 series, manuals do not contain consultation guidance at this time, we will retain some of the more useful references to general tribal consultation from 8160 in the Handbook. The new 8120 acknowledges the important role of Field Office managers in initiating consultation and in documentation, and will strengthen the definition of the role of State Directors. The new 8120 will also define roles of and responsibilities for federally recognized tribes, Native Americans, Alaska Natives, for-profit corporations acting on behalf of the Alaska natives, and Tribal Historic Preservation Officers, under different laws and regulations.
H-8120-1 - Guidelines for Conducting Tribal Consultation. The core of the 8120 Handbook is in Chapter II, Consulting Under Cultural Resource Authorities. General guidance from 8160 will be included in H8120-1 Chapter III, Consulting Under General Authorities.
Action: Each DPO will ensure his state tribal coordinator reviews and comments on this manuscript before it goes to the field.
Energy Initiative and Traditional Cultural Properties
Robin Burgess, Russ Kaldenberg and Jerry Cordova gave a synopsis of the Telephone Flat Geothermal project, located on Forest Service land in the Medicine Lake Area Traditional Cultural Places District, California. The project was initially denied due to the inability to sufficiently mitigate impacts, but that decision was reconsidered when the company sued the Federal government for a "breach of lease/takings." In connection with the reconsideration, the BLM and the U.S. Forest Service (USFS) resumed Tribal consultation, but were unable to execute a memorandum of agreement due to the size and sensitivity of the area and opposition of Tribes to any development. At the request of the California State Director, the Bureau formally terminated consultation and requested the Council comment on the project, the first time BLM has ever used this provision in 36 CFR Part 800. The Council held a public meeting and recommended BLM and USFS reaffirm the original denial and the tribes met with the Director of BLM and Chief of the USFS. On 26 Nov, the Bureau reversed its original decision and approved the project with a list of mitigations, including a last minute alteration to the transmission line route that significantly reduced visual impacts of the project. The basis for the decision was the President's energy initiative, the fact that geothermal is a clean, renewable and domestic energy source, and the fiscal unfeasibility of a company buy out. In their co-signed response to the Council, the BLM and USFS agreed to hold discussions with the Council to better assess and consider historic values, including traditional cultural values, associated with lands that may be opened to leasing for energy development.
8100 Manuals (8160)
8160 Preserving Collections of Cultural Resources. Stephanie Damadio led the discussion on 8160 Preserving Collections of Cultural Resources by conference phone, explaining that this volume is still under development, but will be concise and focus on frequently asked questions. The Board identified and discussed several subjects for possible inclusion: (1) disposal of non-museum Property, including abandoned property, scrap and unprovenienced materials; (2) de-accessioning of museum collections, to address the problem of museums that decline to accept new collections or request to return old ones; (3) acquisition of museum property, to clarify the role of museums within the overall BLM mission and the applicable legal authorities, and our policy of not accepting donations of NAGPRA collections or unprovenienced items; (4) BLM policy not to honor requests for treasure trove contracts; (5) scope of collections, to specify that 8160 pertains only to archeological collections, as defined by ARPA and NAGPRA.
Action: Stephanie Damadio will draft the manual for Board review with the help of curators at the Anasazi Heritage Center, Billings Curation Center and National Oregon Trail Interpretive Center, based on comments received from the Board and the field before 15 Jan 03. Gary Stumpf and Howard Smith will provide Arizona and Alaska guidance, respectively, on abandoned property, for use in the revision. Stephanie Damadio will circulate a rough draft by 15 May 02 for review and discussion at the June Preservation Board meeting, and will also work with Mike O'Neill to draft a companion volume on paleontological collections.
Jean Sonneman from the Solicitor's office was scheduled but unable to attend. Preservation Board members identified problems with implementation of the current policy and discussed the possibility of introducing more flexibility to accommodate tribes that want to rebury on public lands. Most tribes oppose the BLM national policy prohibiting reburial and are aware of a disjunction between BLM and other agencies that will work with tribes to allow reburial on federal land. Field offices are currently looking for ways to work around the existing policy on a case-by-case basis and the current situation is adversely affecting working relationships with tribes in some states.
The Board discussed alternative solutions being implemented to address tribal requests under the current policy, including formal agreements covering unexpected discovery of human remains, reburial in existing tribal cemeteries or new cemeteries purchased by a project proponent, and encasement in place at a project site. Jerry Cordova suggested we develop a variety of tools to assist managers in responding to reburial requests. Marilyn Nickels suggest that we propose revision of the current policy to stress options. She noted that the Solicitor's office was heavily engaged in development of the existing policy and must be directly involved in any policy changes.
Action: This item will be on the agenda for the June Preservation Board meeting.
Department of Energy Predictive Modeling Project and Role in Land Use Planning
Stephen Fosberg updated the Preservation Board on Department of Energy funding of a proposal submitted by Gnomon, Inc. to do planning models for cultural resources in oil and gas fields in New Mexico and Wyoming. This builds on a similar Gnomon, Inc. project in Nevada and will start in January 2003. The project includes digitizing a large volume of data, developing sensitivity maps for agency and industry use, and evaluating cultural resources inventory methods. Partners include State Historic Preservation Offices, the U.S. Forest Service (USFS), the Department of Defense, and the academic community. This project has implications for land use planning decisions and BLM needs to stay engaged throughout.
Geographic Information Systems (GIS) - Sensitivity Maps
Kirk Halford and Dan Martin presented a GIS model of site locations and bouldering areas administered by the Bishop Field Office, California. This presentation was in response to a request at the June 02 meeting and was an in-house effort. The model included a decision-making process for designing the GIS application. The model used GIS to identify areas of adverse effect from a recent increase in recreational bouldering in a 100,000 acre volcanic tableland north of Bishop. The area includes approximately 300 sites, including midden deposits, village sites, house rings, and significant rock art. The GIS model showed concentrations of climber activity and areas of greatest potential for site impacts. This finding will help inform BLM management decisions regarding site protection and designation/management recreational use of the area.
Heritage Tourism Presentation
Richard Brook organized and moderated a presentation on heritage tourism with contributions by Ron Anzalone of the Council, Kathy Adams of the Trust and Hal Hallett from the BLM Recreation Group.
Ron Anzalone of the Council discussed the focus of the new Council Chairman, John Nau, on heritage tourism, and the mission of the Council Office of Preservation initiatives, to research and facilitate best preservation practices. The Council recently hosted a federal heritage tourism summit to discuss current practices and suggest ways the Council and federal government can support the heritage tourism industry and international trade. Gail Acheson presented the BLM perspective at the summit, based on her involvement in the Yuma Crossing National Heritage Area. The Council is also supporting publication of an executive order that combines management accountability and the use of heritage assets by the federal government to bolster local communities and heritage tourism.
Kathy Adams described the Trust heritage program, which was started in 1990 and currently operates as a decentralized and largely fee-for-service program. Trust initiatives include leadership training, publications, grant programs, awards, technical assistance projects, an extensive schedule of study tours and historic hotels promotion.
Hal Hallett discussed the BLM Recreation Group involvement in heritage tourism, standing in for Angela West. BLM works with the Western States Tourism Council under a Memorandum of Understanding to conserve and protect resources and promote tourism. He stressed the fact that our sites are already attracting visitors and that we must prepare to deal with them. This issue is especially critical in regard to uncontrolled OHV use. Influencing site selection, providing off-site alternatives, education, monitoring, and partnering with local communities and other agencies are strategies that can be effective for protecting our resources.
Richard Brook concluded the presentation by emphasizing that resource protection is paramount for BLM. He and others expressed concern that our resources are being promoted, increasingly on the Internet, with specific locational information. We cannot control which sites are being promoted or used and can only react and try to protect. In part the issue is lack of money to provide the parking facilities, restrooms, barriers, etc. necessary to control the impacts of visitation. Part of the solution is also promoting sites that are better suited to visitation. To be effective, the latter requires additional planning information on the kinds of experiences visitors seek and how they actually use the land.
Ron Anzalone added that the Council would welcome active participation by the BLM in planning the next Council heritage tourism summit so that their unique resource management is included in the final equation. The Board expressed interest in partnering with the Trust in a leadership training workshop and the development of a study tour itinerary that includes public lands.
Action: Richard Brook will follow up with Amy Webb on scheduling a leadership training workshop in conjunction with the Society for American Archeology Annual meeting in April. This will depend on available travel funding and an operations budget.
The field trip to Harpers Ferry National Historic Site scheduled for 5 January 03 was cancelled due to dangerous driving conditions and the group met at the Renwick Gallery for a tour of the George Catlin exhibit.
June 3-6 2003. Preservation Board meeting in Wyoming.