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BLM Wyoming Cultural Resource Use Permit

Application Procedures

Any person may apply for a cultural resource use permit by submitting an approved application form (DI Form 1926 Rev Sept 2004) and required supporting documentation by mail, e-mail, fax or in person to the Wyoming Bureau of Land Management, Division of Resource Policy and Management, 5353 Yellowstone, Cheyenne, Wyoming, 82009.  Wyoming BLM administers the public lands in Wyoming and Nebraska.

Applications that are missing necessary information or required documentation in support of an information item may be withheld from further review until the needed information or documentation is provided. The applicant shall be informed as quickly as possible what is needed for review. 

Applications must show that the work proposed would further knowledge of cultural properties in the public interest. Work obtained due to the Section 106 consultation process is considered to be in the public interest. However, permits must not be thought of or used as a Federal certification of consultants' credentials, a license to practice, or a precondition for consultants to compete for industry jobs. It is best that an applicant have a job in hand when applying for a permit. Depending on the circumstances, the permit may be withheld until a job is obtained.  If bidding on a BLM Wyoming contract, a consultant must hold a valid BLM Wyoming cultural resource use permit or be sufficiently qualified to obtain a permit prior to the notice to proceed. The permit must be consistent with the type and scope of work proposed.

Applications for testing, excavation, research or field school projects must include documentation that sets forth a methodological/theoretical framework appropriate to the work proposed, and proposes a schedule for timely and professional reporting of completed work. 

All applications will be reviewed for compatibility of proposed work with any approved management plans or established policy, objectives, or requirements applicable to the management of the public lands and resources involved.   Proposed work may be modified through limitations in terms and conditions. Also, applications may be denied if it proposes work incompatible with cultural resource management commitments established through evaluation and planning; multiple use resource protection requirements pertaining to time of year, type of activity, type of equipment employed, access, personal safety, fire safety, or other management restrictions; and other authorized uses of lands or resources exclusive in nature.

Any application that fails to meet minimum qualifying criteria specified, either upon initial receipt or through failure to respond adequately to a request for missing information, may be recommended for rejection without further review, by following the applicable permit denial procedures.

Applications may be disqualified on the basis of failure to meet qualifying criteria, which may include documented history of inadequate performance under a previous permit. Similarly, individuals named in applications may be excluded from a permit or have their intended roles changed for insufficient qualifications or documented inadequate performance under a previous permit.

Types of Uses Authorized Under Permit

Survey and Recordation permits are issued under the authority of the Federal Land Policy and Management Act and authorize identification, evaluation, recordation or similar non-impacting studies of cultural properties that do not include significant disturbance, such as excavation and/or removal of material remains. This permit authorizes collection of isolated, diagnostic and/or exotic archaeological materials and minor probing (defined as minor artificial exposure of the subsurface). Probing is considered to be shovel tests and/or auger probes. These probes may assist in determining site boundaries or in estimating site potential in cases where recent soil deposition may have covered cultural resources, where dense vegetation obscures cultural resources or where it is difficult to determine the horizontal extent of a property from surface indications alone. 

A Class III intensive inventory describes the distribution of properties in an area; determines the number, location and condition of properties; determines the types of properties actually present within the area; permits classification of individual properties; and records the physical extent of specific properties. It is a professionally conducted, thorough pedestrian survey of an entire target area, intended to locate and record all historic properties. Areas with dense vegetation cover, partial snow cover, dune activity, or other surface-obscuring conditions may require further inventory as these conditions change.

Limited Testing and/or Collection permits authorize small-scale testing and/or systematic collection and removal of various material remains at archaeological sites during field identification, evaluation, and recording activities. This type of work does not substantially diminish the significance or research potential of a cultural property. Work under this type of permit may be used to determine future mitigation strategies. This type of permit is usually project-specific or field office-specific.

Excavation and/or Removal permits are authorized for applicants who propose to excavate and/or remove material remains at a greater scale than the limited testing described above, with the result that the significance and/or future research potential of a cultural property or properties may be substantially altered. This category of permit includes data recovery designed to answer research questions and work intended to mitigate adverse effects to a site. This permit usually requires notification and consultation with Indian Tribes pursuant to the Archaeological Resources Protection Act (ARPA) and the Native American Graves Protection and Repatriation Act (NAGPRA) because of the substantial likelihood that the work authorized could result in harm to or destruction of sites having religious or cultural importance to Indian tribes or disturb cultural items subject to NAGPRA. This authorization is issued as a project-specific or site-specific permit.

Organizational Qualifications

Applications must show the applicant's organizational capability to accomplish work of the type and scope proposed. An organizational resume or summary of organizational experience should be submitted to provide the following minimum information:

1. Statement of applicant's organizational ability to accomplish work, including:

a. Location(s) of facilities and equipment.

b. Description of facilities and equipment.

c. Organizational structure and staffing.

d. Specification of which and to what extent facilities, equipment, and staff listed would be involved in the proposed work.

2.  Statement of applicant's organizational history in completing type of work proposed, including:

a. Similar past projects.

b. Past government contracts.

c. Selected bibliography of project or contract reports and/or publications resulting from a and b above.

d. Previous Federal permits held in the last 3 years, effective dates of permits currently in force, and applications pending or planned (information on current permits and applications is important for interagency or intrabureau coordination).

3. Other pertinent organizational experience, such as research and special studies.

4. If the applicant is a newly formed entity, any information that might take the place of information requested above should be provided. In such cases, individual capabilities of personnel will carry greater weight in evaluation of organizational qualifications. Lack of an organizational history should not be the principal factor in a recommendation for permit denial.

Individual Qualifications

Permit Administrator

Applications must show the name of the individual proposed to be responsible for carrying out the terms and conditions of the permit and otherwise complying with legal requirements applicable to the permitted activity. This individual must be legally empowered to obligate the applicant organization and must sign the application and other official correspondence such as permit amendment and permit renewal requests. Unless this individual is also named as a Principal Investigator or Field Director, this individual need not be professionally qualified as a field investigator.

Principal Investigator

Applications must include the name of any individual(s) proposed to be responsible for planning, supervising, and overseeing field projects, including responsibility for the professional quality of evaluations and recommendations. Because the principal investigator has the following responsibilities, the curriculum vitae (cv) or resume must provide documentation that s/he has past experience in these areas.

1. Primary accountability for technical completeness and competence of work conducted under the permit.

2. Responsibility for development of work plans and/or research designs.

3. Responsibility for performance of field directors.

4. Responsibility for selection standards and limitations on work assignments of crew members.

5. Responsibility for analysis and interpretation of field data.

6. Responsibility for integration of fieldwork results into comparative regional perspectives.

7. Responsibility for preparation of reports.

For each principal investigator, the cv/resume* must also demonstrate that the individual has achieved the following:

1. Adequate professional instruction. This may be obtained in either of the following two ways:

a. Formal education resulting in a graduate degree in the appropriate discipline  (anthropology, archaeology, history, architecture).

b. Formal education resulting in a bachelor's degree in the appropriate discipline (see above) for the permitted activity plus at least 24 months of professionally supervised and consistent field experience including similar duties as proposed in the application. The individual must have adequate principal investigator experience within the allotted time period.

2. Competence in theory and methods, and in recording, collecting, handling, analyzing, evaluating, and reporting cultural property data, relative to the type and scope of work proposed.

3. Ability to plan, equip, staff, organize, and supervise activity of the type and scope proposed.

4. Ability to carry research to completion, as evidenced by timely completion of theses, research reports, and similar documents.

5. Completion of at least 16 months of professional cultural resource management experience including similar duties as proposed in the application. This experience must include at least four months of experience with comparable cultural resources in similar cultural contexts and environmental settings. It is important that the applicant have experience in the cultural or geographic area being applied for. If equivalency is claimed under 1.b. above, the 16 months of experience required in this paragraph is to be included in, not in addition to, the required 24 months.

Field Director (crew chief)

Applications must include the name of any individual(s) proposed to be responsible for carrying out field projects. Because the field director (crew chief) has the following responsibilities, the curriculum vitae (cv) or resume must provide documentation that s/he has past experience in these areas.

1. Responsibility for the technical quality of field work.

2. Responsibility for the direct on-the-ground supervision of all aspects of fieldwork and data gathering.

3. Responsibility for proposing resource evaluations and recommendations for further treatment.

4. Responsibility for preparing field records and descriptive reports.

For each field director (crew chief), the cv/resume* must also demonstrate that the individual has achieved the following:

1. Adequate professional instruction, obtained in either of the following two ways:

a. Formal education resulting in a baccalaureate degree in the appropriate discipline (anthropology, archaeology, history, architecture) and at least 12 months of pertinent professionally supervised experience, with increasing responsibility leading to duties similar to those proposed in the application.

b. Equivalent training and experience, including at least 30 months of professionally supervised and consistent field experience including increasing responsibilities leading up to responsibilities equivalent to those proposed in the application. (This means an individual must have 30 months of crew chief or co-crew chief experience to be placed in that position on the permit.)

2. Competence in recording, collecting, handling, analyzing, evaluating, and reporting cultural property data, relative to the type and scope of work proposed.

3. Demonstrated ability to supervise activity of the type and scope proposed.

4. Completion of at least 4 months of professional cultural resource management experience with comparable cultural resources in similar cultural contexts and environmental settings. It is important that the applicant have experience in the cultural or geographic area being applied for. This may be part of the experience required in 1.a. and b. above.

The same individual may be designated to perform any combinations of permit administrator, principal investigator, and field director duties, provided that evidence is submitted to show that all pertinent qualifications are met for those positions.

Individual qualifications can be documented by information such as the following, with greater weight being given to field experience that corresponds to work proposed in the application.

Survey and excavation reports of cultural resource management or Section 106 (or other compliance) projects that the individual carried out or supervised.

National Register documentation based on the individual's field work, resulting in property listings or determinations of eligibility.

Materials such as presentations, booklets, brochures, lesson plans, or videos that interpret the results of the individual's cultural resource investigations for the general public.

Publications including articles in professional journals, monographs, books, or chapters in edited books, related to the preservation of cultural properties.

Presentations at regional, national, or international professional conferences related to the preservation of cultural properties.

Professional service on boards or committees of regional, national, or international professional organizations concerned with the preservation of cultural properties.

Awards, research grants, research fellowships, or invitations to teaching posts.

Qualifications of Proposed Curatorial Facility

The primary repository of federal collections in Wyoming is:

University of Wyoming 
Archaeological Repository 
1000 E. University Avenue, Dept. 3431
Laramie, WY 82071

A curation agreement for the University of Wyoming may be obtained from the BLM, Wyoming State Office. The agreement is provided as part of the application package when requested. If an agreement is not in the materials received, please contact us. 

General Information

In most cases, qualified applicants with no established track record in Wyoming will be issued permits on a project-by-project basis for a period of 1 year. Tentative approval of application materials can be requested, but permits are not usually issued until the applicant has a job. Circumstances are reviewed on a case-by-case basis. Permit renewals may be issued for 1 to 3 years, depending on compliance record and whether work has been conducted in the past permit period. 

*Vitae must be current. Addendum sheets may be submitted if vitae are already on file with the reviewing office. New applicants and modifications to add personnel must use the attached Vitae format, especially for Wyoming experience. This format will significantly facilitate the review. Cvs/resumes may be emailed, supplied on CD or in hard copy.

Questions may be directed to Kathy Miller Boden, Deputy Preservation Officer, by phone at 307-775-6017 or by e-mail at kboden@blm.gov