December 7-8, 2004
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); Stephen Fosberg (NM); Richard Hanes (OR); Garth Portillo (UT); and Tim Nowak (WY); Field Office Managers Maggie Wyatt (UT), Mary Jo Rugwell (WY) and Robert Towne (OR); and Field Specialist Julie Coleman (CO).
Also Attending: Charles Bush, Eastern States Office (ESO), Special Advisor for Partnership and Outreach Coordination, Kevin Flynn (WO), Don Klima, Advisory Council on Historic Preservation (ACHP), Elizabeth Szufnar, National Conference of State Historic Preservation Officers (NCSHPO), Richard O’Connor, Acting Chief, Historic American Engineering Record (HAER), Carolyn McClellan (WO), Richard Brook (WO), Jerry Cordova (WO), Kate Winthrop (WO), and John Douglas (WO).
Recorder: Ranel Capron (WY)
Facilitator: Linda Clark (ID)
Location: Holiday Inn, Alexandria, VA
Host State Overview: Eastern States
Charles Bush welcomed the Preservation Board to BLM Eastern States and Troy Ferone gave a presentation on the Eastern States Office (ESO) Cultural Heritage Program. The ESO has jurisdiction over 31 states. It manages a small amount of surface estate, but 40 million acres of subsurface minerals, and Applications for Permit to Drill (APDs) have quadrupled in the last few years. Community-based land use planning occurs in the east and large scale Resource Management Plans (RMPs) for mineral development are a priority in several states.
There are two Full Time Equivalent (FTE) positions to cover the four ESO Field Offices ( Springfield, Milwaukee, Jackson and Lower Potomac) and 31 states. The ESO does not operate under the BLM national Programmatic Agreement (PA), so all undertakings are reviewed under 36 CFR Part 800. One of the largest cultural heritage programs in ESO concerns their 33 historic lighthouses. One of the more unique concerns 87 islands with at least 50 significant prehistoric and contact period sites. The ESO has active partnerships with the National Park Service (NPS), United States Forest Service (USFS), Michigan Department of Natural Resources and the Bois Forte Band of Ojibwe for evaluation and monitoring of at-risk BLM island sites in northern Michigan.
ESO recently acquired lands in Virginia and Maryland, including Meadowood Farm in Fairfax County, Virginia. A partnership with the Fairfax County Archaeology Program for the Meadowood Special Recreation Management Area is funded with $60,000 of Challenge Cost Share (CCS) monies, and receives an estimated $250,000 return of in-kind services. The group has completed a class III inventory of about half of the 800 undeveloped acres, and found over 100 sites. Douglas and Maryland Points are located on the Potomac River in Maryland. Douglas Point contains the Chiles Homesite (ca 1750-1760s), a Civil War property. BLM received a Transportation Equity Act for the Twenty-First Century (TEA-21) grant from Federal Highways Administration (FHWA) for an evaluation and National Register of Historic Places nomination for this property with the College of William and Mary. Adjacent to the BLM’s Maryland acquisition is Mallows Bay, a shipwreck graveyard. BLM and Maryland are involved in a planning activity on increased shoreline access and more boat launches.
Washington Office Welcome
WO-240 Division Chief, Carolyn McClellan, welcomed the Board on behalf of the Washington Office. She announced that the 8100 manuals had just been signed and that we expected them to be issued this calendar year. Carolyn then presented an award to outgoing Board member Maggie Wyatt. Outgoing members Jim Dryden and Howard Smith were absent and will receive their awards by mail.
Data Users Group (DUG) Update
Linda Clark alerted the Board that the most recent draft of the Standards for Transmittal of Geographic Information Systems (GIS) Data to State Historic Preservation Office (SHPO) Data Systems was circulated for review. The DUG wants to publish these in an Instruction Memo this spring. The Wyoming SHPO has already adopted these standards and the Utah, New Mexico, and Arizona SHPOs are in the process of adopting them.
Richard Brook reminded the Board that seven benefiting programs (including 1050) provide funding for the BLM/SHPO Data Sharing Project. This is a centrally funded in-perpetuity program, but as funds get tighter, some programs may question the need for continued support. Linda said that Gnomon Associates is preparing a report on project accomplishments that will help demonstrate the importance of continuing this project.
The Cultural Resources Management Tracker (CRMTracker) is a web-based database application to increase efficiency in collecting, reporting, and transmitting cultural resource project information for APDs between consultants, BLM, and the SHPO. It allows BLM, the SHPO, and the project proponent to track all phases of the National Historic Preservation Act (NHPA) Section 106 compliance process.
CRMTracker is being developed through a Department of Energy (DOE) Preferred Upstream Management Practices (DOE PUMP III) grant to Gnomon Inc. DOE’s support is based on the need to address information-related barriers to production. CRMTracker is part of Gnomon’s broader proposal entitled “Adaptive Management and Planning Models for Cultural Resources in Oil and Gas Fields, New Mexico and Wyoming.”
In April of 2004, the Wyoming SHPO trained 60 cultural resource consultants, 10 BLM Field offices and the State Office. Wyoming BLM has processed over 2,800 fieldwork authorizations using the system. Utah and Nevada are in the process of implementation and other States might consider making it part of their Data Sharing Project.
Richard O’Connor, Acting Chief of HAER, briefed the Board on the HAER, Historic American Building Survey (HABS), and Historic American Landscape Survey (HALS) programs. HABS, HAER and HALS were established pursuant to the Historic Sites Act of 1935, and began in 1934, 1969, 2000, respectively. Records must meet the Secretary of Interior’s Standards on Architectural and Engineering Documentation, and are maintained at the Library of Congress (LOC). The LOC has scanned the entire collection of records and made it available on their website: www.memory.loc.gov/ammem/.
Antiquities Act Centennial Website
Richard Brook thanked the Antiquities Act Centennial Steering Committee, which includes Board members Richard Hanes, Gary Stumpf, Stan McDonald, Steve Fosberg, and Bob King. He then introduced Kevin Flynn, from the Environmental Education Group, to talk about the Centennial “Adventures in the Past” website project, designed with the help of Jennifer Capis of the National Science and Technology Center. Kevin will maintain the main webpage and two sub-pages, Anthony Bobo is webmaster for the recreation pages (Take a Vacation to the Past) and Dan Martin will maintain the cultural sections (Research and Collections page). The address for the Adventures in the Past webpage is: www.blm.gov/education/Adventures
and WO expects the site to be active by June. Robin Burgess added that WO-240 will be working with Jennifer to update the www.blm.gov/heritage web page, including the fire archaeology program information.
Strategies for Notifying Tribes of Proposed Actions
Gary Stumpf briefed the Board on results of a poll of efficient ways to inform Tribes of proposed actions. The poll was an Action Item from the June 2004 Board meeting. Gary then described BLM Arizona’s plans to create a web-based National Environmental Policy Act (NEPA) documents library. Access will be through a map, to allow identification of all environmental assessment documents for a particular area. Information will include complete documents, contact information and comment capability. The website is still under construction, but may be previewed at: www.az.blm.gov/env_docs/index.htm
. Robert Towne and Maggie Wyatt said that Oregon and Utah also have environmental documents available on the web.
Tribal Consultation Strategies
Jerry Cordova, BLM Tribal Coordinator, briefed the Board on consultation strategies, emphasizing that Federal Indian law is the guiding force that drives relations between the tribes and the Federal government. Jerry emphasized that tribes operate under different sets of circumstances, have different origins and operate under different legal mechanisms, and that our conversations with tribes should fit the circumstances. Tribes deserve the same deference we give to county and state officials, and have instant standing to enjoin us from proceeding in an action. When consulting, we must not only initiate a dialog, but we must keep it going. You will never consult enough.
Jerry is drafting guidance on BLM implementation of the Tribal Forest Protection Act, Pub. L.108-278, and is helping create a USAF tribal relations office in response to this initiative. There will be a joint rollout with USFS next spring. Jerry is also taking part in discussions with tribal elders on the use of wild horses for youth rehabilitation programs. Jerry noted that the Secretary has been approached about a national cemetery for Native Americans where reburials could take place.
Jerry reminded Board members to stay aware of changes in tribal leadership, talk to tribes about lands they may want back, and identify those lands in land use plans.
Jerry cautioned that we need to make tribes feel comfortable. He implored the States not to just write letters, but to meet face to face. He strongly suggested periodic open houses, get-togethers with State Directors, award ceremonies, and participation in Indian community activities as ways to improve communication and build lasting relationships.
Jerry recommended compiling guidance, including case law, IBLA decisions and law review articles, that touch on aspects of tribal consultation, as reference for the field.
Action Item: Bob King, Gary Smith, and Kate Winthrop volunteered to help Jerry assemble a consultation case law reference. Bob suggested that Native American coordinators may also want to be part of this effort.
Curation Issues Update
Stephanie Damadio briefed the Board that the regional Solicitor and Department of Justice are currently handling an injunction filed against BLM’s decision on affiliation for material from Spirit Cave.
Stephanie has incorporated all comments into the 8160 draft manual and John Douglas is assisting her with revisions to comply with manual format conventions. Stephanie will send the reformatted draft to the field for a 30 day review. Stephanie also briefed the Board on recent Federal Accounting Standards Board (FASAB) activities.
BLM national Programmatic Implementation Review
Robin Burgess welcomed Don Klima, Chief of Federal Agency Programs for the ACHP, and Elizabeth Szufnar of the NCSHPO to the Board meeting for a mini-review of implementation of the PA signed in 1997 between the BLM, the ACHP and the NCSHPO. Periodic joint reviews are a commitment in the PA.
Robin provided a brief overview of BLM and our mission of balancing competing land uses through a public land use planning process under the Federal Land Policy and Management Act. Robin identified key program challenges as compliance, protection, and inventory. In 2004, BLM reviewed over 13,000 undertakings. To meet this workload we must have an efficient process for routine compliance and an ability to concentrate resources on complicated and controversial projects. Secondly, BLM cannot physically protect all of its remote and delicate cultural resources. We must rely on education to prevent vandalism and theft, through programs like Project Archaeology, Archaeology Week, and Site Stewards. Third, BLM has inventoried a small percentage of its land. Automated databases of sites and surveyed space being developed through the BLM/SHPO Data Sharing project allow us to make the best use of available information for planning and compliance, with efficient retrieval, synthesis and analysis.
Robin also described how the PA, protocols, and 8100 manual series were tailored to BLM’s State based organization, in which the State Directors and Field Office Managers making the majority of land use decisions. Our PA and 8100 manual series give the BLM cultural resources program a national framework and standards, while the protocols give State Directors and SHPOs flexibility to establish an administrative process suited to their relationship, resources, and management goals. The BLM Preservation Board, composed of Deputy Preservation Officers (DPOs) from the State Offices, line managers and field specialists, provides senior expertise and oversight, as well as unity and greater standardization across the States.
John Douglas presented background information on the origins of the PA as an interagency effort to design a NHPA 106 compliance tract for major land management agencies. The BLM agreement, developed by BLM staff, the Council, four SHPOs, and a member of the Navajo Tribe, recognized BLM’s cultural resource management experience and aimed to create a framework in which BLM could do its job in a partnership environment that does not call unduly on other players. The PA is founded on the understanding that BLM, SHPOs and the Council will streamline and simplify their respective roles in routine compliance, interact as colleagues, and focus their attention on difficult issues and long term planning and management challenges.
Deputy Preservation Officers (DPOs), line managers and field specialist members of the Board then shared their perspectives on the PA. Eleven BLM States have been certified to operate under the PA between 1997 ( Arizona) and 2001 ( Utah). Board members noted that while States had programmatic and other agreements in place prior to the PA, the PA and protocols have fostered close collaborative relationships between BLM State Offices and SHPOs. Important achievements through these partnerships include reducing compliance paperwork and timelines, building digitized site and inventory databases, public outreach and education, site steward programs, and progress toward Section 110 goals. It was noted that the unique status of the Preservation Board as a senior policy board within the Bureau and commitment to maintain well trained professional staff are directly linked to the PA. The key implementation issue discussed was meeting NHPA 106 compliance responsibilities in joint BLM and USFS Service First offices.
Don Klima said it was clear that the Preservation Board serves as the keystone for one of our nation’s largest land managing agencies and that it is obvious that the PA has served us well. Don explained that a total of 36 national PAs are being reviewed by the Council staff at the request of the Chairman and pointed out that there have been important developments since 1997, including regulatory changes. In particular, tribes have stepped up and assumed a full seat at the table in the NHPA 106 process. He stressed that agencies, including BLM, must take this into account and engage tribes as meaningfully in the Section 106 process as they have SHPO staffs. Don added that members of the public also need to understand how and when to participate.
Elizabeth Szufnar from the NCSHPO then briefed the Board on the NCSHPO perspective. She said the NCSHPO is following the lead of the ACHP in reviewing the BLM PA and has appointed a Task Force of western SHPOs. The Task Force is being headed by the New Mexico SHPO and will convene at the NCSHPO annual meeting in February. More details for the Board should be available after that meeting.
Richard Brook reported that the 2005 budget will be about $15 million, slightly above last year’s figure. He is concerned that the reprogramming of funds for the Wild Horse and Burro Program could have an impact on our BLM/SHPO Data Sharing effort.
Richard mentioned that the CCI funding was zeroed out, but there should be $7.5 million in CCS funding. Due to the CCI deficit, however, more programs will be competing for the CCS dollars, and sage grouse projects may take precedence over WO-240 projects. There is no money in the flex funding account. BLM had $6 million in carryover in 2004, but only $79,000 was in 1050 and sage grouse projects could get some of that. In addition, there are no monies in Save America’s Treasures this year. The President’s budget recommends money for Preserve America. This will include $15 million earmarked for competitive projects with matching funding of $250,000 ($50,000 for museum projects). Richard does not believe that there will be any money in at-risk resources this year.
Planning is still providing funds for landscape level studies. The list of cultural, paleontology and ethnographic studies/projects recommended for funding was distributed. Some states will receive deferred maintenance monies (primarily for standing historic era structures). Prehistoric sites will continue to be considered on a case-by-case basis. WO will hold $88,000 to support the Antiquities Centennial and there may be some additional funding in 2006. We would like to allocate as much money to fieldwork as possible. There are two themes in 2006 (RP 24 and RP 25), but neither is funded. If given an opportunity, we will move FY06 projects into FY05.
Richard briefed the Program Assessment Rating Schedule (PARS) which connects performance to budget. This schedule will occur over 5 years and 100% of agency budgets will be analyzed. The program is from OMB and will affect all federal agencies.
APD Task Force Recommendations
Robin, Dan Haas and Gary Smith were the Preservation Board representatives on this task force. The Director approved the recommendations of the task force in November and Robin asked for the Preservation Board’s assistance in implementation. The recommendations are scheduled to be presented at the next ELT and we will need to assemble teams to prepare guidelines for the development of Best Management Practices.
Landscape Modeling in the Fruitland Gas Field project
Steve Fosberg reported on a modeling study conducted on a 3,700 sq. km project area in New Mexico. Approximately 12% of the area had been surveyed at a class III level and the consultant used this survey information to predict site locations in unsurveyed areas where development activities are proposed. New Mexico will be developing a PowerPoint presentation for industry and cultural resource consultants to assist them in planning and cost estimation. This will help our field offices determine where to monitor fieldwork of permittees. The model will be tested in subsequent surveys.
New Mexico Data Recovery Review Committee
Steve Fosberg also reported that, until recently, their SHPO staff had been commenting on all data recovery plans. Due to numerous SHPO staff changes, BLM wanted to pursue the authority to approve data recovery plans without going through the SHPO. This process has now been implemented on a trial basis. A BLM data recovery review team, chaired by Sarah Schlanger, will now review any data recovery proposal submitted. The team will determine what constitutes adequate data recovery and provide a courtesy copy to the SHPO. If the team cannot reach agreement, they will request the SHPO opinion. If it works well, New Mexico will formally amend its protocol to reflect this change.
- Training: Bob King reminded the Board that training is an integral part of PA implementation and is a strong reason to support continued training opportunities.
The course “Fundamentals of Cultural Resource Management” (8100-01) will be held May 2 – 6, 2005, at the BLM National Training Center in Phoenix. AZ. The course targets new cultural resource specialists. Richard Brook will reserve $10K to help with travel costs. A second class, “Introduction to Management of Historical Resources” (8100-08) is scheduled for September 12-16, 2005, in Salmon, Idaho. A cultural resources module (8100-00) for use in courses on other subjects has been developed, but is currently under revision.
- Partnerships/Heritage Tourism. Steve Fosberg handed out a list of topics for the proposed workshops. Several potential partners were mentioned, including the Oregon Travel Information Group, Colorado State Historical Fund, the Utah SHPO, and the Four Corners Heritage Council.
Action Item: Please return comments on potential topics and suggestions for partners to Steve, Richard Hanes or Mary Jo Rugwell by January 12th.
- Preservation Learning Portal. Robin updated the Board on the National Park Service (NPS) Federal Preservation Institute Historic Preservation Portal (HPP), which allows access to training materials on historic preservation. BLM is a partner and needs to identify BLM web pages for access by search engine users.
Action Item. Robin will send an e-mail asking for volunteers to assist with this effort. Volunteers will be asked for feedback on the website.
- OHV IM. Robin gave an update on the draft OHV and NHPA 106 IM. Gary Stumpf noted that the policy was needed to guide ongoing planning efforts.
- Private Property and 106. Dan Haas mentioned that Colorado is seeing more landowner denials for access and is working with the Northwest Colorado Resource Advisory Council to develop guidelines on responding to these denials.
- Fire. Kate Winthrop updated the Board on the work of the recently revitalized interagency cultural resource advisory group (CRAG). Kate noted that BLM archaeologists will need to participate in a new planning effort on fire management. Gary Stumpf asked if there was a good example of a cultural resources section of a fire management plan.
Action Item: Kate Winthrop will ask Wendy Sorenson at the Office of Aviation and Management to make available a good example of a fire management plan that adequately addresses cultural resources.
Kate Winthrop led a discussion on plans for the SAAs, in the absence of SAA Work Group members Pat Barker, Garth Portillo, and Howard Smith. Kate briefed the Board that CRAG will hold an interagency fire archaeology meeting on Wednesday, March 30 th and that Jeanne Moe has organized a BLM-hosted Project Archaeology reception, to which all BLM archaeologists are invited, on March 31st. A room is being held for a BLM meeting on Tuesday, March 29 th from 9 AM to 4 PM. Robin said she would like to see a Bureau presence. Stan McDonald volunteered to work with Pat Barker to develop an agenda for the meeting and asked Board members to send suggestions.
June 2005 Preservation Board meeting
The next meeting is scheduled for June 7-9, 2005 at Yaquina Head, Oregon. Yaquina Head, SW of Portland, is the location of a BLM lighthouse and a large prehistoric site. The field trip on June 9 th will be to Fort Hoskins, a mid 19 th century fort studied by Oregon State University. This is a county park with full interpretation, standing structures, and an ethnobotanical garden.
Future Preservation Board meetings
The board voted to have the December 2005 meeting in Alexandria again. The dates will be December 5-9 th, including travel days. We will need two new field managers and one new field specialist member by the June meeting.
Action Item: Robin will send an Instruction Memo to solicit statements of interest in serving on the Preservation Board.
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