BLM Preservation Board
June 8-10, 2004
In attendance: Deputy Preservation Officers (DPO) Bob King (AK); Gary Stumpf (AZ); Ken Wilson (CA); 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 Mary Jo Rugwell (WY), Jim Dryden (ES) and Robert Towne (OR); and Field Office Specialists Julie Coleman (CO) and Howard Smith (AK).
Also Attending: George Oviatt, Acting Associate State Director, AK, Bob Schneider, Northern Field Office Manager, AK, Richard Brook (WO) and John Douglas (WO). John Douglas chaired the meeting in the absence of Robin Burgess, Preservation Officer.
Recorder: Ranel Capron (WY)
Facilitator: Linda Clark (ID)
Location: Aspen Hotel, Fairbanks, AK
HostState Overview: Alaska
Bob King gave an overview and slide presentation on Alaska archaeology and history, from the earliest human occupation, through the 1901 establishment of Fairbanks as a trading post and the 1902 Tanana gold strike, to statehood in 1958.
BLM in Alaska administers nearly 85 million acres, operating under some unique laws including the 1958 Alaska Statehood Act, the 1971 Alaska Native Claims Settlement Act, and the 1980 Alaska National Interest Lands Conservation Act. The cultural heritage program in Alaska faces unique logistical challenges and has developed unique strategies for carrying out its cultural resource management mission.
8100 Manual Series
John Douglas gave an overview on the status of revisions to the 8100 Manual, emphasizing that the BLM national Programmatic Agreement (PA) is based in part on a commitment to have comprehensive internal guidance in place, as well as strategically placed, professionally qualified personnel and line managers committed to the purposes of the National Historic Preservation Act (NHPA). The updated and revised 8100 Manual series is awaiting final surname, after having gone through a Solicitor’s review. The Board members were in consensus that publication of the 8100 Manual is critical to successful accomplishment of their work.
Stephanie Damadio, BLM National Curator, provided an update on the collections management program by conference phone. The Department of Justice "amnesty program" for objects of cultural patrimony from the Four Corners area set different amnesty dates for different resources, but neither Arizona, New Mexico, Utah nor the Anasazi Heritage Center in Colorado, has received any objects to date.
The Department continues to require more detailed reports on museum collections and, under our current level of funding, BLM cannot provide all of the condition and accounting information being requested for collections in non-Federal repositories.
Stephanie is completing revisions to the new collections management manual draft to incorporate Board comments, and will collaborate with John Douglas on format before sending to the field for a formal review.
Stephanie also reported on an interagency meeting to consider proposing language on deaccessioning for inclusion in 36 CFR Part 79.
Several States, including Colorado, Arizona and Utah, reported collections backlogs and/or closure of non-Federal curation facilities to new collections, particularly historic collections. Garth Portillo said that he is looking closely at collections strategies.
Action Items: Stephanie will complete the collections management manual (DD: July 2004); Stephanie and John will put the draft in correct manual format; Stephanie will prepare an IM and send it to the field for comment (DD: 15 Sep 2004); and Stephanie will update the Board on deaccessioning and the 8160 manual in December.
Richard Brook briefed the Board on the Budget. Some Wild Horse & Burro money will be reprogrammed and cultural heritage will get back $73,000. It does not look like the Cultural Heritage Division (WO-240) will receive end-of-year funding from Deferred Maintenance, and Richard has not made any decisions regarding State landscape level proposals for FY 2005. The Assistant Director is converting Marilyn Nickels’ lapsed work months into WO-240 operational monies and, as a result, some funds were allocated to museum partnerships.
The Planning Target Allocation for 2005 will go out sometime this week. States should be prepared to respond to a limited data call on the Antiquities Act Centennial celebration, as well as a Preserve America data call for the required FY2005 report. The "Fundamentals of Cultural Resource Management" course team requested that a stipend of $250 be provided for 30-40 people to attend the course, for a total of about $10,000.
Per Departmental direction, ongoing Challenge Cost Share (CCS) projects will now be ranked along with any new CCS projects; ongoing projects will no longer automatically be funded from year to year. State CCS funding of $100,000 is intended to cover smaller projects, while centrally-held CCS funds are intended for the larger projects. Funds can be used to cover work-months, if the person is working on a project directly.
Resources at Risk money is $195,000; we are waiting to see if we get any end-of-year Planning funds. Note that condition assessment requests for 2005-2006 are due at the end of June. We will be getting some money for the Antiquities Act Centennial, thanks to the efforts of Utah State Director Sally Wisely, but otherwise an increase is unlikely. Richard recommended that States tie budget requests to the Strategic Plan.
Applications for Permits to Drill (APD) and Section 106 Action Plan
Gary Smith provided a synopsis of the task force that was assembled in Denver in September 2003 at the request of the Director. The group was asked to determine if NHPA Section 106 is a factor in increased APD turn around and backlog, and to look for opportunities for process improvement. A smaller group met in January to develop an APD Action Plan.
A draft Action Plan is undergoing internal review. It includes three categories of recommendations: (1) “Best Business Practices,” including improved quality and timing of inventory reports and better tracking; (2) “Best Management Practices”, including enhanced BLM/State Historic Preservation Office (SHPO) partnering and strategies for meeting context and planning information needs; and (3) “Getting Resources on the Ground Where Needed”, including evaluating work load and cultural resources information needs in the busiest oil and gas offices.
Preserve America Report under EO 13287
Richard Brook briefed the Board on the status of the draft EO 13287 report, currently available for review. Linda Clark, Gary Stumpf, Troy Ferone, and Bob King worked on the report, and Wayne Rice will be doing layout and design. Please send any comments before July 8, 2004.
Action Item: Review and forward any comments on the draft EO 13287 report (DD: 8 July 2004).
Jim Dryden presented information about the Forest Service (USFS) proposed Planning Rule (December 2002), and conveyed the results of a crosswalk between BLM and USFS plans to identify differences in approach and find the most efficient and cost-effective way to do NEPA and/or plans. He noted that what is not accomplished during planning impacts leasing or land tenure activities.
Jim warned that in FY05 and 06, we will have to provide more detailed justifications on what information BLM is getting for planning dollars. The Bureau is looking at developing a monitoring system to track the real cost of implementing plans using management indicators at the local, regional, and national level. This takes a business approach to planning decisions. For cultural resources, discussions have centered on resource condition and compliance monitoring.
Linda Clark briefed the Board on Data Users Group activities. Data security has been a subject of concern and some SHPOs do not have formal agreements covering data sharing. Accordingly, the Data Users Group is looking at SHPO security agreements to come up with a Best Management Practice (BMP) model. This will be coordinated with SHPOs and circulated for Board review. The group is also finalizing guidelines for GIS metadata and will have draft national guidance available for review in the next few months.
Linda asked for any concerns about implementation of the new GPS guidelines. Some States indicated that they had been contacted by consultants with equipment questions or other concerns. Dan Haas indicated that one the Field Offices in Colorado now “certifies” permittees and about 15 of 60 consulting firms have gone through the process.
Action Items: The Data Users Group will prepare a draft Best Practices for data security (DD: December 2004) and draft national guidance on GIS metadata (DD: March 2005) and provide for Board review.
Tim Nowak briefed the Board on the status of project tracking software implementation in Wyoming. This is a Web-based database application that displays milestones as a proposed project, such as an APD, moves through the review and approval process. Entries are initiated by fieldwork notification and the data is “owned” by the players involved. In Wyoming this includes permittees, BLM, SHPO, Wyoming Department of Transportation, and Wyoming Department of Environmental Quality. Development is part of the Department of Energy Preferred Upstream Management Practices (PUMP) III grant-funded project.
This project has great potential for streamlining BLM annual report preparation.
We should be able to collect all compliance-related information for annual and protocol reports and the State Office will be able to pull up current statistics without going through Field Offices. For oil and gas personnel and applicants, the software makes it possible to directly track reports and avoid delays. A collections management component will be added for tracking collections.
The Wyoming SHPO recently held a training program for permittees and BLM archaeologists. The Board will evaluate the utility of this application in Wyoming for use in other States. Garth Portillo mentioned that it would have to be tailored for other States.
- Permit Forms: John Douglas briefed the Board on the background and status of revisions to the BLM cultural resource use permit forms. The approved Departmental ARPA and Antiquities Act permit form does not provide all the information we need and many states have been using unapproved forms.John and Robin have been working with the NPS to revise the application and permit forms. It takes 5 months to go through the entire OMB process. The National Park Service (NPS) issued a notice in the Federal Register that we would be revising the form. The due date for comments is June 23 rd. We anticipate a Departmental form that will have what we need, including the ability to add Special Permit Conditions.
- Training Courses:Bob King briefed the group on the courses that have been provided through the National Training Center (NTC) and the courses that are planned for the future. There are three types of courses: fundamental, advanced and specialized. The contracted specialized courses on law enforcement and damage assessment have been the most successful.
The training committee intends to pilot the "Fundamentals of Cultural Resource Management" course from 2/28/05-3/4/05 at the NTC, with a dry run in January 2005, and a pilot for the "Managing Historic Resources" course is planned in Idaho. In addition, Gary Stumpf has a PowerPoint that can serve as a basic cultural resource module for Minerals, Lands and other courses at NTC. The group will start on a "Cultural Heritage Resources and Planning" course in 2005, and the training committee is reviewing the possibility of web-based training.
All courses would be open to all cultural resource specialists, rather than targeting those with less than 5 years experience as was originally planned for the Fundamentals course. Some States have used the certification process in the PA and their protocols to ensure training for new employees.
- Fire Program: Kate Winthrop briefed the Board by conference phone. Fire archaeologists held a meeting in February and Information Bulletin No. 2004-112, "Cultural Resources Involvement in Fire Management Planning," was published June 4th. The IB provides guidance to archaeologists on their roles in fire planning. BLM's bibliography on fire effects on cultural resources should be available by the end of the summer.
Kate encouraged archaeologists to get qualified to work around fire and will be asking States for a list of archaeologists with “red cards.” A planned archaeological supplement to the existing Resource Advisor’s Guide will provide information to cultural resource specialists supporting fire suppression.
The interagency Cultural Resources Advisory Group (CRAG) met in March and outlined several initiatives, including review of an existing draft National Programmatic Agreement and draft NPS workbooks/handbooks on fire; revision of a NPS course to meet interagency needs, and preparation of Departmental guidance on Emergency Stabilization/Rehabilitation. A NPS publication, Fire Effects on Cultural Resources, should be available by the end of summer.
- Paleontology Handbook: Mike O’Neill briefed the Board by conference phone on the status of the draft revisions to Manual Handbook H-8270-1, "General Procedural Guidance for Paleontological Resource Management," and asked Board members to look closely at the sections on planning and permitting, especially new wording on the program responsibilities and permit monitoring.
Mike noted that Northern Arizona University’s Social Research Lab is doing a national survey on paleontologists with BLM permits that will give us ideas on making improvements in our permitting process. He also mentioned that the Utah paleontologist vacancy announcement closed on May 26 th and the program will have a fourth regional paleontologist soon.
A question was raised about collection policies for paleontological materials and whether these collections are affected by the same curation issues as cultural resources. Mike said most of the paleontology permits are for research purposes and collections are wanted by the university. He does not think there is a need to limit collections at this point.
BLM/State Protocol Reviews
Each state provided a brief description of the status of their BLM/SHPO protocol for implementing the BLM national PA in their State. Six States said they were engaged in BLM/SHPO protocol reviews or revisions. Others reported that they and their SHPO were happy with the status quo. States are encountering a lack of understanding about the relationship of the BLM national PA, the protocols and the 8100 Manual series, especially in the context of BLM/State protocol discussions.
Action Item: Richard Hanes, Pat Barker, Steve Fosberg, and Jim Dryden will put together a briefing paper on issues affecting States, including the importance of publishing the 8100 Manual series (DD: June 30 2004).
Antiquities Act Centennial
Richard Brook presented information on BLM’s action plan for this anniversary which is being sponsored by the State Directors of the Four Corners area. The initial emphasis is a Centennial web site, with the title, “Adventures in the Past,” that will tier off of the BLM Heritage home page. This is being developed in collaboration with the Environmental Education & Volunteers and Recreation Groups. A communications team is developing a logo, Communication Plan and PowerPoint presentation. The PowerPoint can be tailored to individual States. Suzanne Parker will be the overall project coordinator; regional coordinators are Richard Hanes (Oregon/Washington, Alaska, Nevada), Gary Stumpf (Arizona, Utah, California), Steve Fosberg (New Mexico, Eastern States, Colorado), and Stan McDonald (Idaho, Montana, Wyoming). There will be a data call on field projects for FY06.
Land Exchange Strategies
John Douglas asked for a recommendation about whether to go forward with the Land Exchange Strategy that was drafted several years ago and several Board members said they thought it was worth pursuing if proposed as an optional strategy. However, the Board noted the difficulty of weighing relative values of outgoing lands and incoming lands.
Action Item: Gary Stumpf, Richard Hanes, Pat Barker, John Douglas, Robert Towne, Tim Nowak and Dan Haas will review the existing draft and prepare a revised version for the Board’s consideration (DD: December 2004).
Stephen Fosberg led a Board discussion on strengthening key partnerships. He recommended getting our partners, especially SHPO staff, out of the office and on tours. We should tell them about our programs and cooperative partnerships, and familiarize them with our on-the-ground resources and tremendous variety of the cultural resource projects and activities.
Richard Brook briefed the Board that the BLM partnership agreement with the National Trust for Historic Preservation (Trust) continues through 2005, but has no money tied to it at this time. Stephen said Heritage Tourism is an area where the Trust can help us and suggested a cooperative regional meeting on heritage tourism. Richard Hanes noted that the Advisory Council on Historic Preservation has a key role in this area under E.O. 13287.Mary Jo Rugwell and Tim Nowak described Wyoming’s initiative to strengthen the BLM/SHPO partnership, including a new liaison position. Pat Barker suggested the Board consider strengthening the BLM’s relationship with the Society for American Archaeology and Society for Historic Archaeology.
Action Item: Stephen Fosberg, Richard Brook, and Mary Jo Rugwell will look into working with the Advisory Council on Historic Preservation to sponsor
regional meetings on Heritage Tourism.
Fluid Minerals Planning & Leasing
John Douglas briefed the Board on the status of national guidance on the fluid minerals program and cultural resources compliance requirements. The national guidance will provide a consistent approach to replace State guidance issued in New Mexico and Utah.
Tribal Consultation Strategies
Richard Hanes listed key consultation considerations: identification of Traditional Cultural Properties and Sacred Sites, compensation, confidentiality of information, and timing of consultation. John Douglas noted that these topics were all addressed in the draft 8120 Manual Section and Handbook. A concern was expressed about difficulties caused when policies are applied inconsistently between States and federal agencies. John emphasized the need to ensure our consultation practices are well documented and will pass legal scrutiny.
On timing, the BLM always consults during development of the Resource Management Plan. Some tribes prefer to defer consultation during project planning, but for some types of activities, this is too late or cannot be carried out consistently due to project volume. Several States shared strategies for keeping tribes informed about activities. Gary Stumpf noted that in Arizona, the Forest Service provides a matrix of all projects to give tribes the opportunity to determine if they have potential concerns. Stan McDonald noted that one of Idaho’s districts is developing a tribal consultation protocol agreement and is looking at similar approaches. Another Idaho district has been holding formal monthly consultation meetings with tribes for several years. Tim Nowak said that Wyoming was addressing tribal interest programmatically on the basis of site type, for instance by establishing informal protocols. Pat Barker said that some of the Nevada Field Offices hold informational meetings with tribes on ongoing and proposed activities.
Action Item: Gary Stumpf will send out an e-mail requesting States share information on effective strategies; this subject will be on the December agenda.
2005 Society for American Archaeology (SAA) Meeting
Pat Barker discussed the upcoming SAA meeting in Salt Lake City. There are two choices regarding BLM involvement in the meeting; one is to have a program meeting before the SAA meeting and the deadline for this choice is the end of June. A second choice is to organize a symposium on BLM issues, including heritage tourism, and the deadline is Sept 1 st for this option.
Action Item: Pat Barker, Richard Brook, Garth Portillo and Howard Smith will put together ideas for a BLM meeting the Tuesday and Wednesday prior to the SAAs (March 30-April 1, 2005). Pat will send a message out to the DPOs with the group’s recommendations (DD: August 2004).
Future Preservation Board Meetings
On behalf of Robin Burgess, Linda Clark asked the Board to consider changing the dates of the Board meetings to April and October, and scheduling the April meeting to coincide with the SAA meeting. A decision was tabled until the December meeting.
The December 2004 meeting will be in Alexandria, December 7-9. The Board will tour the new National Museum of the American Indian and Meadowood Farm. The June 2005 meeting will be hosted by Oregon. Richard Hanes will have it at the Yaquina Head Interpretive Center, with a field tour to Fort Hoskins. The Board will stay at the Yaquina Head Best Western and rooms are already reserved.
There was a suggestion to meet at the Shepherdstown training facility in December 2005 and tour Harper’s Ferry. The June 2006 meeting will be hosted by Utah.
Other Topics of Interest
- Bob King noted that the Homesteading Act of 1862 will have a 150 th anniversary in 2012. He recently published an article on the subject and Public Broadcasting System is exploring the possibility of a program. They may contact DPOs about homesteading in their States.
- Troy Ferone mentioned that Eastern States had transferred four lighthouses to the State of Michigan and received a 4C’s award from the Department. The land use plan for Maryland was recognized in a separate citation.
Submitted on behalf of the Preservation Board.