Preservation Board Meeting
December 2 and 3, 2003
Members in Attendance: Preservation Officer Robin Burgess (WO); Deputy Preservation Officers (DPO) Bob King (AK); Gary Stumpf (AZ); Dan Haas (CO); Troy Ferone (ES); Stan McDonald (ID); Gary Smith (MT); Pat Barker (NV); Stephen Fosberg (NM); Richard Hanes (OR); Garth Portillo (UT); and Tim Nowak (WY); Field Office Managers Jim Dryden (ES); Sue Richardson (OR) and Maggie Wyatt (UT); and Field Office Specialists Carol-Anne Murray (WY) and Howard Smith (AK). DPO Ken Wilson (CA) was unable to attend.
Also Attending: Marilyn Nickels (WO); Tom Dyer (WO), Richard Brook (WO); Stephanie Damadio (WO), John Douglas (WO), and Michael O’Neill (WO).
Recorder: Ranel Capron (WY)
Facilitator: Linda Clark (ID)
Location: Holiday Inn Old Town, Alexandria, VA
Preservation Board Presentations: Tom Dyer, Deputy Assistant Director for Resources & Planning, welcomed the group and presented two awards. Nancy Miller Schamu, Executive Director of the National Conference of State Historic Preservation Officers, received an appreciation plaque and letter. Nancy played a key role in BLM’s data automation partnership with western State Historic Preservation Offices (SHPOs), providing strong encouragement and consistent, positive feedback, as well as representing the needs of SHPOs. Over the past six years, the BLM has allocated more than $1.5 million of appropriated funds to the western SHPOs through existing Assistance Agreements to fund this automation work. The SHPOs leverage BLM funds with funds from other Federal agencies and their own budget, professional expertise, and computer hardware and software, matching BLM funding on at least a one to one basis. The automated cultural resource inventories and GIS databases expedite and streamline compliance with section 106 for a wide range of BLM land use authorizations. BLM Deputy Preservation Officers (DPOs) gave Nancy updates on the data management program in their states and future challenges, including commitment to permanent staffing for system maintenance.
Barbara Morris, BLM Washington Office, received a plaque and letter for her invaluable assistance to the cultural program in gaining access to deferred maintenance funds. Barbara was the driving force behind the acknowledgment that cultural resources are an appropriate use of deferred maintenance monies. DPOs expressed their gratitude by providing examples and updates on deferred maintenance projects in their States. Barbara emphasized the importance of providing her office with news articles and other documentation of deferred maintenance successes, especially for projects that have had a positive impact on rural economies. She reminded Board members that project data sheets for FY05 are due to State Engineers by March 2004.
Budget Overview: Richard Brook presented an overview of the FY04 and FY05 budgets, and reminded the Board that FY05 justifications are due by December 17th.
Richard then discussed the 100th anniversary of the Antiquities Act in 2006 and opportunities for tying projects to celebration of this anniversary and the 40th anniversary of the National Historic Preservation Act the same year. Our efforts will help emphasize the long-term nature of the federal government’s commitment to the preservation and protection of our cultural resources.
Manuals – Update and Discussion on 8160, Preserving Museum Collections: Stephanie Damadio briefed the Preservation Board on the 8160 manual. This has been distributed to the Preservation Board for comment by February 27, 2004. She will incorporate Board comments and send the manual to the field for formal comment no later than June 2004. Some DPOs asked that 8160 include practical, procedural guidance that can be provided to permittees.
Action Item: Comments are due on the preliminary draft of 8160 to Stephanie by February 27, 2004. Stephanie will incorporate comments by mid April and provide a draft of 8160 to the Preservation Board for final review by May 15. The final draft will be distributed to the field for official comment by June 1.
Stephanie also briefed a November 18, 2003 memo that establishes a new Department of Interior (DOI) reporting requirement on museum property accountability. The report is due by July 16, 2004. DOI is looking for specific numbers of items in curation facilities within our States and asks specific questions regarding our non-federal curation facilities. Robin Burgess suggested that some of the facility information might have been gathered by the Corps of Engineers in connection with their multi-state curation facility assessment project. Stephanie will send an IM on this new reporting requirement in January.
Action Item: Stephanie will send an e-mail to the DPOs itemizing the questions that States will need to answer for the new report, and follow with an IM in January. The IM will have a due date of May 15, 2004.
America’s Priceless Heritage: Richard Brook announced the publication of BLM’s cultural resource series, America’s Priceless Heritage. A limited number of copies are now available. Richard handed out a complete set to each Preservation Board member, and explained the process for ordering additional copies. The series includes 13 separate booklets, one national booklet and one booklet for each BLM state, including the Eastern States office. The documents will be available through the Printed Materials Distribution Section (PMDS) in Denver. There are 1000 copies of the overarching publication and 1000 copies of each state booklet. You will be asked for a FEDEX number for shipping to your state. WO, Dan Martin and Richard, are working together to place these publications on the BLM web site.
8100 Manuals Update: Robin briefed the Board on the status of the 8100 manual review and approval process. On Sep 30, 2003, WO-240 sent the Advisory Council on Historic Preservation, National Conference of State Historic Preservation Officers and each BLM State Historic Preservation Office (SHPO) copies of the manuals for review. No comments were received and the manuals are now at the Solicitor’s office for review.
John Douglas then handed out draft final BLM 8150 forms, and asked for the Board to review these documents one more time. After final Board comments are received, WO-240 will pursue formal approval by OMB. The form will be converted to a web-based application consistent with new BLM policy.
Robin asked the Board to consider the value of program-specific handbooks to accompany 8140. After discussion, the Board recommended that program-specific compliance guidance be included as supplementary appendices to 8140.
Grazing EIS Update: Carol-Anne Murray has been the cultural heritage liaison for this workgroup, and the draft EIS is almost ready for distribution; the notice for public comment period will be published in the Federal Register January 2, 2004. Carol-Anne went over some of the topics in the EIS, including proposed actions, range improvements, grazing boards/Resource Advisory Councils (RACs), biological assessments, temporary non-use, and monitoring. The Board discussed the value of including cultural resources in monitoring procedures and guidelines for cultural resource specialist use, and the following individuals volunteered to develop basic monitoring standards specific to cultural resources: Pat Barker (lead), Rich Hanes, Carol-Anne Murray, Dan Haas, Richard Brook, Stan McDonald and Garth Portillo. No dates were set for completion of this task. Carol-Anne asked the Board to review the draft EIS and provide comments as soon as possible.
Action Item: Pat Barker, Richard Hanes, Carol-Anne Murray, Dan Haas, Richard Brook, Stan McDonald and Garth Portillo volunteered to develop basic monitoring standards specific to cultural resources. No dates were set for completion of this task. The Board agreed to review the draft EIS and provide comments as soon as possible.
- Fire Program Update: Kate Winthrop, BLM Fire Archaeologist, was unable to be at the meeting, but Robin gave an update on this program. The Departmental Emergency Stabilization and Rehabilitation Manual is awaiting signature and the DOI is starting work on a Handbook to accompany it. Kate will be part of the team preparing a BLM Supplement as soon as the DOI Handbook is approved. Kate is also working with a working group on an IB to address fire plans and cultural resources and will have a new draft ready for review shortly.
- OHV IM Update: Robin thanked the Board OHV IM working group for its work on the draft IM and said she would be making some revisions have a new draft to the Board shortly. The OHV Board working group members are Pat Barker, Chair, Gary Stumpf, Dan Haas, Joan Oxendine and Garth Portillo.
- Society for American Archaeology (SAA)’s Professional Standards for Determination of Archaeological Value: Stan McDonald was one of approximately 20 archeologists, law enforcement agents and U.S. Attorneys on a SAA task force to develop professional standards for the determination of archaeological value. Archaeological value determinations are a required element of archaeological damage assessments prepared in response to violations of the Archaeological Resources Protection Act (ARPA). Until now, no formalized professional standards existed to assist archaeologists making such assessments. Stan briefed the Board on the standards that have now been adopted by the SAA Board .
The SAA standards focus on the methods used to identify archaeological resources involved in ARPA violations; the scale of proposed scientific information retrieval methods to be used in determining archaeological value; professional archaeological methods to be used as a basis for determining archaeological value; and the consistency of proposed scientific information retrieval methods with current, customary and accepted professional standards. Stan also briefed the Board on the courts' requirements for expert witness testimony; these requirements have been factored into the SAA standards.
- Training Update: Bob King handed out information regarding FY04 training. The Fundamentals and Historic Period Resources classes remain under development, as does a condensed cultural resources module for incorporation into classes for other subject matter specialists and/or managers. Richard recommended we concentrate on completing the Fundamentals course, especially in view of our reduced travel budgets. Several Board members expressed that their states were interested in the Fundamentals course due to having many new employees since the last general training course for the Cultural Program over 10 years ago. Robin advocated for completing the cultural resource module as well. This would require limited effort and potentially provide great benefit in increased understanding of the program within the BLM. Bob asked the Board to send individual responses on training needs in their States, including ideas on how many people would come and where to hold the course. He also asked for volunteers to replace Russ Kaldenberg and Kirk Halford. Howard Smith and Linda Clark volunteered to serve on the Training Committee with Bob, Tim and Pat. Ranel Capron and Robin Burgess volunteered to help with development of training materials.
- Action Item: The Board will send State training needs and interest in hosting training classes to Bob.
Executive Order No. 13287: Richard Brook circulated a copy of the Advisory Council’s October 2003 guidelines on the new federal agency reporting requirements under the EO Section 3, and briefed the Board on results of a meeting of the Board working group on this topic. The working group consists of Richard, Linda Clark, Bob King, Gary Stumpf, and Troy Ferone. The deadline for the report is 9/30/2004 with a progress report due a year later, and every third year thereafter. The ACHP will report to Congress beginning February 2006. Richard asked that each state select one property to emphasize as part of BLM’s approach to implementing the EO. States should include this property in their portions of the report and emphasize ties to rural communities and heritage tourism. Selection of these properties and reports should be coordinated with your National Landscape Conservation System (NLCS) and Recreation groups. A limited data call will go out, but WO will rely as much as possible on previously gathered data. The E.O. team will get together again in mid-January and DPOs will have about a month to review the draft report.
Richard also mentioned the Preserve America presidential awards and Preserve America community designations and encouraged States to prepare nominations. There will be two presidential awards for projects that advance heritage tourism and two for privately funded projects. WO-240 will send out this information to the field.
Project Tracking: Garth Portillo and Tim Nowak gave a status report on this program, which allows BLM, permitees and the SHPO to track projects from initiation through consultation. It can be implemented by either BLM or a permittee, and will assist communication among stakeholders. Once in place, Project Tracker has the potential to track our statistics, and help us generating our Annual Report.
The project is being piloted in Wyoming and Utah. In Wyoming, three BLM offices, the SHPO, and one permittee will participate in the initial trail. Initiation of the Utah pilot is pending completion of State specific software adjustments by Gnomon, Inc.. Nevada also expects to implement this model. The Board recommended that we have a demonstration of Project Tracking at the June Preservation Board meeting.
8100 Manuals - Paleontology Handbook: Senior Paleontologist Mike O’Neill briefed the Board on the draft revised Paleontology Handbook, which he sent to the Board for review. Mike asked for the Board’s assistance with drafting language on NHPA Section 106 requirements for the paleontology survey permits. He noted that due to the types of settings in which the majority of paleontological survey occurs - - steep slopes and bedrock - - it has a limited likelihood of disturbing archeological resources. He further explained that NEPA requirements have been delineated based on the extent of disturbance authorized for a range of types of paleontological permits, and that he would like to provide parallel guidance on NHPA Section 106 requirements.
National Trust on Historic Preservation: Three representatives of the National Trust for Historic Preservation (Trust) Law Department spoke to the Board: Elizabeth Merritt, Anita Canovas, and Michael Smith. The Trust has initiated an effort for the protection of cultural resources on public lands. As a part of this initiative, the Trust is reviewing and providing comments on land use plans and NHPA Section 106 activities, with the goal of being a constructive voice in the NHPA Section 106 process and providing federal agencies with solutions for protecting resources on public lands. Anita Canovas discussed the Trust’s mandate to facilitate public involvement and described their successes as intermediaries between various entities such as environmentalists, tribes, agencies, states, and other parties. Discussion followed on other ways the Trust can assist land management agencies in carrying out their cultural resource management responsibilities, particularly in areas emphasized in the new EO, like heritage tourism.
Geographic Positioning System (GPS) Implementation: Linda Clark briefed the group on IM 2004-020, Guidance for Recording Cultural and Paleontological Resource Locations for the Bureau of Land Management (BLM) Using Global Positioning System (GPS) Technology and asked Board members to discuss their plans for implementation. DPOs said they had or will contact permittees to inform them of the new guidance. Linda is working with Dan Martin to develop a list of equipment sufficient to meet the standard and John Douglas agreed to draft a standard stipulation that can be attached to each permit. It was suggested that the stipulation be a special stipulation rather than a standard stipulation.
DOE Pump III Report: Stephen Fosberg briefed the group on the status of the DOE Pump III project funded with a grant to Gnomon Inc. BLM is a partner in the effort, which will include digitizing site locations, examining past survey strategies, and developing planning models for high-energy potential areas in New Mexico and Wyoming. The Board would like a briefing from Gnomon at the December 2004 Board meeting.
APD Processing and NHPA Sec. 106: Robin briefed the Board on recent discussions regarding NHPA Section 106 requirements and APDs. WO-300 recently chaired a group of BLM oil and gas and cultural resources staff members to look at the NHPA Section 106 process for APDs, in connection with the current APD backlog and increased turn around time. Recommendations are currently being evaluated for possible consideration by the Director.
Robin asked the Board for assistance in preparing an appendix on NHPA Section 106 responsibilities for the BLM activities under the Mineral Leasing Act. A working group of Dan Haas, Gary Smith and Tim Nowak volunteered to assist in developing an appendix.
Action Item: Robin, Dan Haas, Gary Smith and Tim Nowak will assist in developing an appendix to 8140 on Mineral Leasing.
IM 2004-052, Assessing Tribal and Cultural Considerations as Required in IM –2003-233, Integration of the Energy Policy and Conservation Act (EPCA) Inventory Results into the Land Use Planning Process: This IM supplements IM 2003-233, that asks State offices to report on the status of their plans in EPCA focus areas by December 31, 2003, and within EPCA basins but outside of focus areas by June 31, 2004. IM 2004-052 provides additional guidance on identifying whether existing plans meet current tribal consultations requirements, and in particular address Traditional Cultural Properties, identified in the 1992 amendments to the National Historic Preservation Act as a type of property that may be eligible for the National Register of Historic Places. Where consultation is required, the IM requests that EPCA reports include strategies for completing that consultation.
Colorado Land Exchanges/Patent Reservations: Dan Haas briefed the group on a case in Colorado. He cautioned DPOs against using patent reservations where there are archeological sites to be protected. Pat Barker told the Board that he had developed a workable deed reservation and he would send out copies.
Society for American Archaeology 2005 Annual Meeting: The 2005 Annual Meeting will be in Salt Lake City. We expect a high BLM attendance, particularly since many BLM archeologists will probably not attend the 2004 Annual Meeting in Montreal. A working group was formed to develop ideas for a BLM session at the 2005 meeting and will present these to the Board at the June 2004 meeting. The working group consists of: Pat Barker, Bob King, Ranel Capron, Richard Brook and Maggie Wyatt. It was also suggested that WO put out some guidance about how to apply for travel to the SAA 2004 Annual Meeting in Montreal, given that this is foreign travel.
Future Board Meetings. The Board discussed the June 8-11, 2004, Board meeting, scheduled to be hosted in Fairbanks, Alaska, and approved a recommendation by Alaska to schedule two days for the business meeting and two days for the field trip. With current travel restrictions, the Board requested that WO determine the level of commitment by management to the Fairbanks location. If the Board does not receive permission to hold the meeting in Fairbanks, Richard Hanes agreed to host the meeting in Oregon, with a field trip to the Yaquina Head Lighthouse.
The Board agreed to hold the December 2004 meeting on December 7-9 in Alexandria, Virginia.
Board Membership and Administration: Two of three members whose terms began in December 2002, were notified too late to attend the December 02 Board meeting. In order to get back on a regular schedule and also allow rotating members to attend a meeting at the beginning of their two year terms, Sue Richardson and Carol-Anne Murray have agreed to serve an extended term ending in June 2004 just prior to the Board meeting. Gail Acheson was not able to attend the December meeting, due to other work priorities, but may be able to remain on the Board until June. Rotating members Maggie Wyatt, Jim Dryden, and Howard Smith, who began terms in Dec 03, were also asked to serve an extended term, going off the Board just prior to the June 2005 Board meeting instead of just prior to December 2004. New members will now begin in June instead of December, and Robin will solicit new volunteers in a formal IB in January.
Action Item: Robin will draft an IM asking for nominations for three new Board members. DD: January 2004.
Bob King asked if the Board had any objections to including non-Board members on committees and/or working groups. The consensus of the Board was that it had no problems with including non-Board members on committees or working groups.
The Board then held a discussion on development of agenda topics and agreed to make this a more formal process. Future agenda suggestions must include background information and specify whether the topic is informational or requires a decision. The Board will provide copies of any reading materials pertinent to Board decisions prior to or at the meeting, as appropriate.