BLM Preservation Board
Yaquina Head, OR
June 7-8, 2005
In attendance: Preservation Officer Robin Burgess (WO);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), Stephen Fosberg (NM), Richard Hanes (OR), Garth Portillo (UT), and Tim Nowak (WY); Field Office Managers Mary Jo Rugwell (WY), Robert Towne (OR) and David McIlnay; and Field Office Specialists Julie Coleman (CO) and Glade Hadden (MT).
Also Attending: Phil Damon, Field Office Manager, Pocatello, Idaho, Sue Richardson, District Manager, Coos Bay, OR, Carolyn McClellan (WO), and Richard Brook (WO)
Recorder: Ranel Capron (WY)
Facilitator: Linda Clark (ID)
Location: Yaquina Head, Newport, OR
Joe Ashor, Manager of the Yaquina Head Lighthouse and Interpretive Center, welcomed the Preservation Board and presented a brief history. The site was occupied for 2,500 years prior to construction of the lighthouse and withdrawal of the land for, “aid to navigation,” in 1863. In 1980 the site became the only Congressionally-designated Outstanding Natural Area in the country. The interpretive center was built on top of one of two rock quarries on the site and the second rock quarry was made into a handicapped accessible tidal pool. Today Yaquina Head is managed by the BLM in cooperation with the State of Oregon, the U.S. Fish and Wildlife Service and the U.S. Coast Guard. There are approximately 330,000 visitors a year. Fees are retained by the Center and pay all staff salaries and about half of the total budget. Yaquina Head received a special appropriation from deferred maintenance in FY05 to restore the lighthouse.
Carolyn McClellan, WO-240 Division Chief, welcomed the Board on behalf of the Washington Office and expressed her appreciation to Richard Hanes and the Oregon State Office for hosting the meeting and to Joe Ashor for use of the visitor center.
Host State Overview: Oregon and Washington
Richard Hanes, cultural resources lead for the BLM Oregon/Washington and USAF Region 9, presented an overview of the Oregon/Washington Cultural Resources Program. Most of the public lands are in southeastern Oregon. There are fewer than 400,000 acres of surface estate in Washington, although this includes oil and gas resources on the east side of the Columbia basin. BLM and the United States Forest Service (USFS) have co-located offices and personnel in the region and Richard works with 12 BLM offices and 19 forests. Housepit and hunting/gathering sites are typical prehistoric resources, while most early historic sites are connected with logging, mining, small gauge railroads or trails. There are three additional lighthouses, Point Blanco and two in the San Juan Islands that are accessible by boat. The Baker City Interpretive Center for the Oregon Trail opened in 1993 for the Oregon rail Sesquicentennial.
There are many Indian reservations in Oregon and Washington. BLM works with the Tribes on a regular basis, including on designation of an Area of Critical Environmental Concern for salmon fishing platforms and root gathering locations. BLM is also working with tribes to put tribal stories on highway signs at rest areas.
BLM published the Archaeology of Oregon, the first and only synthesis available for the State and now in its 2 nd edition. It partners with universities for field schools, for instance Southern Oregon University, and on other education efforts like Archaeology Week. BLM Oregon has also been quite active in Archaeological Resources Protection Act operations, and recently served 22 warrants as a result of a 2-year under cover operation. Upcoming issues include planning for the 2009 Oregon statehood sesquicentennial and proposed acquisition of the Zane Grey cabin as part of the Rogue River Ranch.
Richard Brook briefed the Board on the budget. At the 2005 mid-year review, Oregon received additional funds for ARPA damage assessments and Colorado received funds for curation of artifacts from an ARPA case. Other States with critical end-of-year funding needs should inform Richard soon as possible.
For 2006, there is $300,000 in 1653 and 1654 for deferred maintenance. States must enter all accomplishments in the Management Information System (MIS) before the FY05 3 rd Quarter review. Three States submitted proposals in response to IM 2005-076, Research to Enhance Oil and Gas Operations and Associated Environmental Protection Opportunities on the Public Lands to complete for Department of Energy grant money: Montana, New Mexico (2) and Utah. These will be selected in June and money will be obligated via an expedited process developed by the oil and gas program.
The 2006 PTA will not be released until the end of June. We expect the $300K in data sharing funds to remain intact. Recreation (1220) anticipates $1M for the Antiquities Act Centennial. The BPS code is RP25 and Richard noted that some states have not entered any projects into that code. There are a few minor shifts in 1050 National Landscape Conservation Area (NLCS) funding, with Montana, New Mexico and Nevada losing and California gaining money. These decisions were recommended by the NLCS staff.
In FY 2006, our office expects a shortfall to cover work months and will reserve money to cover this. States need to realize the WO-240 operations budget includes funding for items that directly benefit all States, like the Gnomon contract, museum partnership program, American Anthropological Association Guide, and training or conference stipends.
For FY07, BLM submitted a budget to the Department in mid-May. The Department expects us to accomplish more or the same with less money. Approximately 90% of our 1050 dollars go toward work months and our proactive work accomplishments are gained through partners or CCS monies, but we are under pressure to contain costs of positions and work months. A flat budget means a 5% decline per year in work units accomplished and Richard made reductions across the board in targets for three of the seven priority program elements: BC, HF and MY.

Proposed New Land Use Allocation for Cultural Resources

Gary Stumpf briefed the Board on a new land use allocation developed in Arizona for five ongoing land use plans. The Special Cultural Resource Management Area (SCRMA) would supplement the site-specific concept of “use category” in 8130 Planning for Uses of Cultural Resources. SCRMA is a concept for describing and mapping cultural resource spatial variation and is the cultural resource parallel to Travel Management Area, Special Recreation Management Area, Herd Management Area, and Visual Resource Management Area. The Arizona State Director has approved its use, provided the terminology is consistently applied, and the WO approved.
SCRMAs differ from Areas of Special Environmental Concern (ACECs), in that ACECs are proscriptive and must meet a high standard for designation. He emphasized that the SCRMA allocation is not intended as restrictive or proscriptive but conveys important spatial information in a way that allows managers to consider it when making land use decisions. Pat Barker raised the possibility of developing a more comprehensive system of cultural resources land classifications based on sensitivity for cultural resource values. There was interest in pursuing this in the long term.
Action: Gary Stumpf will draft an Instruction Bulletin to send the proposed allocation for comment, and we will put this item on the agenda for Dec 2005.
National Historic Preservation Act 106 for Oil and Gas Leasing, Travel Management and Land Use Planning
Robin Burgess updated the Board on several topics. The Bureau has not issued additional guidance on NHPA 106 compliance for oil and gas leasing in response to recent Interior Board of Land Appeals (IBLA) decisions. Instruction Memoranda 2005-003 remains the most recent policy document on this subject. Secondly, the draft policy to clarify cultural resource considerations for Off-Highway Vehicle (OHV) route designation and travel management also remains in coordination at this time.
We have been developing guidance on these compliance issues independently, but they are both part of the larger challenge of developing strategies for meeting compliance responsibilities for large scale land use decisions, particularly “implementation decisions” in Land Use and Resource Management plans (LUPs and RMPs). By definition, these may be carried out upon plan approval. Cultural resources information in planning documents must be sufficient to support the decisions and their analysis.
The 25 Mar 05 data call, IM 2005-110 Meeting Healthy Forests Restoration Act Old-Growth Management and National Historic Preservation Act Requirements asked States to review existing land use plans and identify and prioritize land use plan amendments or revisions to update cultural resource information, including consultation to identify properties that may be of traditional religious and cultural importance to an Indian tribe. Responses were integrated into the ten year planning schedule. The exercise generated questions and discussion on the appropriate criteria and standard for determining whether cultural resources information in plans needed updates.
The updated H-1601-1 Land Use Planning Handbook and 8130 manual section, Planning for Uses of Cultural Resources, and the preceding IM 2002-101, Cultural Resource Considerations in Resource Management Plans provide guidance on cultural resource information in planning documents. Robin asked the Board if these were sufficient guidance, and if sharing exemplary cultural resources sections from land use plans, graphics, and/or scopes of work would be helpful. Robin also asked if we should develop a best practices guide for integrating NHPA 106 compliance requirements with the National Environmental Policy Act (NEPA) and Federal Land Policy and Management Act (FLPMA) scoping and consultation processes in land use planning. The Board responded that guidance on cultural resources information was sufficient and that it was resources which created limitations. The Board agreed to share good examples of cultural resource sections from land use plans. It also agreed that guidelines on integrating NHPA 106 and the land use planning NEPA process would helpful.
Tribal Consultation Strategies (D. Haas, P. Barker, and J. Cordova)
Dan Haas briefed the board on the intention of Colorado BLM to develop technical guidance for field managers on implementation of the 8120 manual section and H-8120-1 handbook. One subject on which Field Managers have requested clarification is compensation. Dan will coordinate proposed State guidance with BLM Tribal Coordinator, Jerry Cordova, and the Board.
APD Action Plan Implementation
Robin briefed the Board on the status of the Applications for Permit to Drill (APD) and NHPA 106 task force recommendations. The recommendations were briefed to the Board in December and include action items for the Board and some States. Robin asked for the Board’s assistance in addressing recurrent questions on cultural resources inventory standards and our report review responsibilities. National policy in the 8100 manual series is quite clear on determining level of effort, and the BLM national Programmatic Agreement and State protocols clearly outline report review roles and responsibilities. However, we need a strategy for communicating the BLM NHPA 106 compliance process to prospective permitees, particularly in the oil and gas industry. Robin suggested that some quantitative information on field level implementation be part of that strategy.
Action: Glade Hadden and David McIlnay volunteered to help develop a strategy for collecting some field office case statistics to illustrate the BLM NHPA 106 compliance process
Grazing Permit Renewals
Garth Portillo briefed the Board on recent appeals to grazing permit renewal decisions in Utah that are based in part on NHPA 106 and NEPA compliance. Utah is working with Field Offices on compliance documentation practices. Ken Wilson told the Board that California addressed grazing in its new protocol and has adopted a phased approach to compliance.
ARPA Permit Performance Bonds
Robert King briefed the Board on a Fish and Wildlife Proposal to use mandatory Archaeological Resources Protection Act performance bonding in Alaska and New Mexico. A surety and fidelity bond from a bonding company would be required for ARPA excavations. The Board discussed the advantages and disadvantages of ARPA permit performance bonds and reached the consensus that they can be a useful tool in some situations. BLM encourages research on the public lands and is concerned with a policy on bonding that makes research on the public lands less attractive.
Brief Updates
  • ARPA Permit Form: Ranel Capron briefed the Board on implementation of the ARPA permit form. Some states are using the forms, but others had questions and/or concerns on implementation and requested WO direction. Robin will determine the procedures for initiating new forms and rules for their use. 
  • ACHP Archaeology Task Force: This group met in April and presented their recommendations to the Advisory Council in May. Robin summarized their recommendations and will keep the Board informed of future developments. 
  • Museum Collections Reporting & 8160 Status: Carolyn McClellan briefed the Board on the status of the 8160 manual section and collections reporting requirements. We have developed an action plan to finalize 8160 and obtain information, review and update the museum plan. BLM annual reports do not meet current Departmental reporting requirements and Carolyn asked the Preservation Board to appoint a task force to identify the impacts of these reporting requirements on our GPRA and strategic plan. 
Action: Pat Barker, Dan Haas, Richard Hanes, Bob King, Tim Nowak Garth Portillo, Gary Smith, and Ken Wilson volunteered to be on the task force. Carolyn McClellan will draft a request to the States for assistance.
  • National Trust for Historic Preservation Freedom of Information Act (FOIA) request: The Solicitor’s office advised that protected information should be withheld under a FOIA exemption and not under a confidentiality agreement. Robin asked if there was any protected information in any of the State annual reports. With the exception of detailed site specific materials included as a supplement to the Alaska reports, States responded that annual reports contained no protected information. 
  • Historic Preservation Portal Project Status: Robin Burgess briefed the Board on the status of the Historic Preservation Portal project. The web site is now available for trial and Robin will put out a call for at least one Field Office and one State Office volunteer to test the site. 
  • Project Archeology in Mexico: Stephen Fosberg briefed the expansion of Project Archaeology to Spanish-speaking communities in New Mexico and Mexico. Together with the New Mexico SHPO and Statistical Research Inc Foundation, BLM New Mexico will produce four bilingual lesson plans on the El Camino Real de Tierra Adentro National Historic Trail. Partners in Mexico include archeologists and historians with the National Institute of Anthropology and History (INAH) and state directors within the state of Chihuahua’s Institute of Culture (ICHICULT). The first international Project Archeology workshop is scheduled for the week of September 26, 2005 in Chihuahua. Partnering on heritage education is one commitment in the NM Protocol. 
  • Fundamentals Training: Robert King briefed the Board on the success of the 8100 Foundations training session in May. Twenty-nine people attended and evaluations were uniformly positive. Bob thanked the many Board members who helped teach the class, and the Washington Office, especially Richard Brook and Carolyn McClellan, for support. The next class, 8100-08 Historic Resource Management, is scheduled for next May in Salmon, ID.
BLM National Programmatic Agreement  
Robin Burgess brought the Board up to date on the status of the BLM national PA review by the Advisory Council on Historic Preservation (Council) and National Conference of State Historic Preservation Officers (NCSHPO). NCSHPO representatives from BLM States met at the NCSHPO annual meeting in February and formed a Task Force. The Deputy SHPO from Nevada, Alice Baldrica, is the new Task Force lead. Robin encouraged States to communicate with their SHPO counterparts to address implementation problems as they arise.
Robin also asked the Board for suggestions on improving the transparency of our NHPA 106 compliance process so tribes, private organizations and the public would know how and when to become engaged. The current web design initiative gives us an opportunity to address this. Specific suggestions were to make each State protocol and a version of the annual report available through our Heritage home page. The Board also endorsed development of a Frequently Asked Questions section.
Action: Put this topic on the December 2005 agenda
New California Protocol
Ken Wilson briefed the Board on the new California protocol under the BLM national PA. On 27 Jul 2004, the California SHPO notified BLM of its intention to terminate the existing protocol in 90 days, citing unresolved staffing, reporting and training issues. California BLM achieved many successes under the original protocol, including increased inventory, National Register nomination, site steward programs and other partnerships. These and the ability to reduce the time and paperwork of routine NHPA 106 compliance are important to the State and the California BLM management team was heavily involved in the process of developing the new protocol. The new protocol, executed 25 Oct, 2004, clarifies roles and responsibilities and improves the accountability of individual Field Offices.
Potential Impacts of Budget on the Cultural Resources Program
New Mexico and other States discussed the affect of projected future year budget cuts on our ability to adhere to our State protocols under the BLM national PA. Annual 5% cuts for the next 4 years and reductions in staff will leave most offices with one archaeologist. In New Mexico, for example, will be unable to meet its protocol commitments if projected cuts occur.
States are also concerned about retaining positions, given expected retirements over the next five years. Loss of corporate knowledge due to retirements may be compounded by replacement with lower grade personnel or failure to hire replacements.
The Board recommended development of a briefing paper for the Director on the impact of proposed reductions on our ability to operate within the BLM national PA. If we lose the ability to operate under the BLM national PA, we may be unable to meet mission critical NHPA 106 compliance needs, especially those related to heavy demands for oil and gas development.
Action: Gary Smith, Richard Hanes, Richard Brook, Stan McDonald, Gary Stumpf and Mary Jo Rugwell will develop a briefing paper on this issue. Stephen Fosberg will be the lead. 


Data sharing project
Linda Clark briefed the Board on the status of the Cultural Resources Data Sharing Project which was established in partial fulfillment of commitments in the BLM national PA. WO sponsored a presentation on the advantages of this project to contributing BLM programs in May, and Mary Hopkins of the Wyoming SHPO and Gnomon, Inc. helped with the presentation.

The initial contract to Gnomon was for a maximum of 5 years and $100K, for technical advice to the States and WO on the development of shared cultural resources databases. That contract was renewed in 2001, but will end in 2005, and BLM needs to decide how to proceed. Linda distributed a draft status report prepared by Gnomon, Inc. and asked the Board for comments. Linda also reminded the Board that she is the contracting officer for the Gnomon contract and all requests to the contractor must go through her.
GIS transmittal standards
Linda Clark reminded the Board that it decided in December 2004 to proceed with publication of proposed guidance on standards for transmitting GIS data to SHPOs, so that the same information is collected by each State. Final comments have been received and will be provided to the data users group. Several States volunteered that they are not ready to work with GIS data. The Board asked Linda to work on an action plan that considers the variable GIS capabilities of BLM and SHPO offices in each state.
Linda would like to have a DUG meeting this fall.
Action: Gary Smith will send Linda the old data element dictionary. Linda will develop an action plan and schedule a DUG meeting this fall.
Preserve America report – Richard Brook
Executive Order 13287, signed March 3, 2003, requires all land managing agencies to report to the Advisory Council on Historic Preservation on their management of cultural resources. We completed our initial report September 30, 2004. A second report is due by September 30, 2005 and additional reports will be due every third year thereafter.
The 2005 report will provide new information on our program, including publication of the final 8100 manual series, our Adventures in the Past website, benefits achieved through the BLM national PA, our heritage education program, planned regional heritage tourism workshops, and our museum partnership program, which provides funds to nonfederal repositories to make collections more accessible to the public. The 2005 report will also update our cultural resources program statistics.
Antiquities Act Centennial website  
Richard Brook mentioned that the Adventures in the Past website is now active. The development of this website was a collaborative effort with the Recreation, Public Affairs and Environmental Education Groups. Stan McDonald, Steve Fosberg, Gary Stumpf, Bob King, and Richard Hanes and Richard Brook are developing the cultural resources material. They would like to get all the BLM cultural resources publications on the web and if States have their documents available, WO will convert them to PDF format. The Public Affairs Officer (PAO) in New Mexico is the lead for the Public Affairs team, which is meeting in Salt Lake City, June 22-23 rd, to develop an Adventures National Communication Plan. Adrienne Babbitt, Utah PAO, worked with a Brigham Young University communications class to develop a wide variety of communications materials for this effort.
2006 SAAs
Robin Burgess reminded the Board that next year’s SAA will be in San Juan, Puerto Rico. Some BLM archaeologists will attend, but the Board decided that due to budget cuts and other concerns we would not have a national BLM meeting at the SAAs in 2006.
Future meetings
The December meeting will be December 6-7, 2005 at the Holiday Inn Select, Alexandria, Virginia. The field trip is undecided.
The June 2006 meeting will be June 6-7, 2006, in Utah and is in the planning stage.