BLM/WO/GI-08/014+8131
The BLM manages approximately 58 million acres of federal 

mineral estate beneath privately owned surface. The BLM is 

responsible for the leasing and development of those minerals 

through various laws, regulations, and procedures. The 

BLM is also required by Section 106 of the National Historic 

Preservation Act to take into account the effects that leasing 

and development of oil and gas and other minerals have on 

cultural resources. 

Legal Authority

The National Historic Preservation Act of 1966

(as amended through 2000) (16 U.S.C. 470h-2)

The National Register of Historic Places

The National Historic Preservation Act established the 

National Register of Historic Places. This program is 

managed by the National Park Service. It is the nation’s 

official list of cultural resources worthy of preservation. 

Definition of Cultural Resources

A cultural resource is a definite location of human activity, 

occupation, or use. Cultural resources are identifiable 

through field survey, historical documentation, or oral 

evidence. Cultural resources include archaeological, 

historical, or architectural sites, structures, and places of 

important public and scientific value. They may include 

definite locations of traditional cultural or religious 

importance to specific social or cultural groups, such as 

Indian tribes. 

Federal Agency Responsibilities

Section 106 of the National Historic Preservation Act requires 

federal agencies to take into account the effects of their actions on 

cultural resources that are eligible for or listed on the National 

Register. 

Regulations which implement section 106 lay out a process 

that federal agencies must follow when they are considering 

an action that may affect cultural resources. Federal agencies 

must determine the area of potential effect and identify 

cultural resources within that area. They must determine 

if the resources are eligible for the National Register and 

assess project effects. They must seek to avoid, minimize 

or mitigate any adverse effects on National Register listed 

or eligible resources. Section 106 requires a consultation 

process and agencies must complete the process before 

approving the action.

State Government’s Role

The State Historic Preservation Office is a key consulting 

party in the section 106 process. It is responsible for 

maintaining a statewide database of cultural resource surveys 

and cultural resources and for assisting Federal agencies 

in carrying out their historic preservation responsibilities. 

Requirements may vary between States.

Cultural Resource Survey on Private Surface

The BLM must determine whether a proposed Federal 

action, such as approving oil and gas development, may have 

an effect on cultural resources located on private surface. 

Unless an area has already been surveyed, an on-the-ground 

survey is usually necessary to accurately identify cultural 

resources. The survey is typically limited to the general area 

that may be affected by the proposed development action 

and an adjacent buffer zone. 

Cultural resource surveys are conducted by professionally 

trained archaeologists. Most surveys are surface surveys. 

Occasionally subsurface testing is needed to identify or 

evaluate cultural resources. Identified cultural resources are 

documented. They are then evaluated for their National 

Register of Historic Places eligibility. 

Important sites that cannot be avoided and would be 

disturbed by oil and gas development may have to be fully 

excavated to recover scientific information that would be lost. 

The private surface owner can request a copy of the cultural 

resources information obtained by the excavation. All 

cultural resources and artifacts located on private surface are 

the property of the private surface owner. The BLM works 

to encourage coordination and cooperation among all parties 

that have rights and responsibilities in split estate situations.
The BLM manages approximately 58 million acres of federal 

mineral estate beneath privately owned surface. The BLM is 

responsible for the leasing and development of those minerals 

through various laws, regulations, and procedures. The 

BLM is also required by Section 106 of the National Historic 

Preservation Act to take into account the effects that leasing 

and development of oil and gas and other minerals have on 

cultural resources. 

Legal Authority

The National Historic Preservation Act of 1966

(as amended through 2000) (16 U.S.C. 470h-2)

The National Register of Historic Places

The National Historic Preservation Act established the 

National Register of Historic Places. This program is 

managed by the National Park Service. It is the nation’s 

official list of cultural resources worthy of preservation. 

Definition of Cultural Resources

A cultural resource is a definite location of human activity, 

occupation, or use. Cultural resources are identifiable 

through field survey, historical documentation, or oral 

evidence. Cultural resources include archaeological, 

historical, or architectural sites, structures, and places of 

important public and scientific value. They may include 

definite locations of traditional cultural or religious 

importance to specific social or cultural groups, such as 

Indian tribes. 

Federal Agency Responsibilities

Section 106 of the National Historic Preservation Act requires 

federal agencies to take into account the effects of their actions on 

cultural resources that are eligible for or listed on the National 

Register. 

Regulations which implement section 106 lay out a process 

that federal agencies must follow when they are considering 

an action that may affect cultural resources. Federal agencies 

must determine the area of potential effect and identify 

cultural resources within that area. They must determine 

if the resources are eligible for the National Register and 

assess project effects. They must seek to avoid, minimize 

or mitigate any adverse effects on National Register listed 

or eligible resources. Section 106 requires a consultation 

process and agencies must complete the process before 

approving the action.

State Government’s Role

The State Historic Preservation Office is a key consulting 

party in the section 106 process. It is responsible for 

maintaining a statewide database of cultural resource surveys 

and cultural resources and for assisting Federal agencies 

in carrying out their historic preservation responsibilities. 

Requirements may vary between States.

Cultural Resource Survey on Private Surface

The BLM must determine whether a proposed Federal 

action, such as approving oil and gas development, may have 

an effect on cultural resources located on private surface. 

Unless an area has already been surveyed, an on-the-ground 

survey is usually necessary to accurately identify cultural 

resources. The survey is typically limited to the general area 

that may be affected by the proposed development action 

and an adjacent buffer zone. 

Cultural resource surveys are conducted by professionally 

trained archaeologists. Most surveys are surface surveys. 

Occasionally subsurface testing is needed to identify or 

evaluate cultural resources. Identified cultural resources are 

documented. They are then evaluated for their National 

Register of Historic Places eligibility. 

Important sites that cannot be avoided and would be 

disturbed by oil and gas development may have to be fully 

excavated to recover scientific information that would be lost. 

The private surface owner can request a copy of the cultural 

resources information obtained by the excavation. All 

cultural resources and artifacts located on private surface are 

the property of the private surface owner. The BLM works 

to encourage coordination and cooperation among all parties 

that have rights and responsibilities in split estate situations.
BLM/WO/GI-08/014+8131