APPENDIX J – CULTURAL RESOURCES 

USE CATEGORIES FOR MANAGEMENT OF 

CULTURAL RESOURCES SITES 

BLM MANUAL SERIES 8110.4 - .43 

.4 Categorizing as to Uses 

Categorizing cultural resources according to their 

potential uses is the culmination of the identification 

process and the bridge to protection and utilization 

decisions. Use categories establish what needs to be 

protected, and when or how use should be authorized. 

All cultural resources have uses, but not all should be 

used in the same way. Cultural resources can be 

allocated to the various recognized use categories even 

before they are individually identified. The clear 

advantage in doing this is that it allows Field Office 

managers to know in advance how to respond to 

conflicts that arise between specific cultural resources 

and other land uses. Relative to the national 

Programmatic Agreement, categorizing resources to uses 

provides a mechanism for the Field Office manager and 

the SHPO to confer and concur on how to handle most 

routine cases of conflict in advance, enabling the Field 

Office manager to put decisions into effect in the most 

appropriate and most timely manner. 

.41 Allocations to Use Categories 

Field Office managers shall allocate to appropriate use 

categories all cultural properties known and projected to 

occur in a plan area. Allocations are made in regional 

plans, local interdisciplinary plans, or project plans, as 

relevant and timely, and may be applied either to 

individual properties or to classes of similar properties. 

Appropriately qualified staff professionals recommend 

suitable uses for each cultural property or class of 

properties, considering the properties’ characteristics, 

condition, setting, location, and accessibility, and 

especially their perceived values and potential uses. A 

cultural property may be allocated to more than one use 

category. When allocations have not been made in other 

planning decisions they should be made during the 

compliance process for land use authorizations, to allow 

Field Office managers to analyze needs and develop 

appropriate mitigation and treatment options. 

Allocations should be reevaluated and revised, as 

needed, when circumstances change or new data become 

available. Allocations should be consistent with historic 

context documents and State Historic Preservation Plans. 

.42 Use Categories 

A. Scientific Use. This category applies to any cultural 

property determined to be available for consideration as 

the subject of scientific or historical study at the present 

time, using currently available research techniques. 

Study includes methods that would result in the 

property's physical alteration or destruction. This 

category applies almost entirely to prehistoric and 

historic archaeological properties, where the method of 

use is generally archaeological excavation, controlled 

surface collection, and/or controlled recordation (data 

recovery). Recommendations to allocate individual 

properties to this use must be based on documentation of 

the kinds of data the property is thought to contain and 

the data's importance for pursuing specified research 

topics. Properties in this category need not be conserved 

in the face of a research or data recovery (mitigation) 

proposal that would make adequate and appropriate use 

of the property's research importance. 

B. Conservation for Future Use. This category is 

reserved for any unusual cultural property which, 

because of scarcity, a research potential that surpasses 

the current state of the art, singular historic importance, 

cultural importance, architectural interest, or comparable 

reasons, is not currently available for consideration as 

the subject of scientific or historical study that would 

result in its physical alteration. A cultural property 

included in this category is deemed worthy of 

segregation from all other land or resource uses, 

including cultural resource uses, that would threaten the 

maintenance of its present condition or setting, as 

pertinent, and will remain in this use category until 

specified provisions are met in the future. 

C. Traditional Use. This category is to be applied to 

any cultural resource known to be perceived by a 

specified social and/or cultural group as important in 

maintaining the cultural identity, heritage, or well-being 

of the group. Cultural properties assigned to this 

category are to be managed in ways that recognize the 

importance ascribed to them and seek to accommodate 

their continuing traditional use. 

D. Public use. This category may be applied to any 

cultural property found to be appropriate for use as an 

interpretive exhibit in place, or for related educational 

and recreational uses by members of the general public. 

The category may also be applied to buildings suitable 

for continued use or adaptive use, for example as staff 

housing or administrative facilities at a visitor contact or 

interpretive site, or as shelter along a cross-country ski 

trail. 

E. Experimental Use. This category may be applied to a 

cultural property judged well-suited for controlled 

experimental study, to be conducted by BLM or others 

Butte Draft RMP/EIS 847 
Appendix J 

concerned with the techniques of managing cultural 

properties, which would result in the property's 

alteration, possibly including loss of integrity and 

destruction of physical elements. Committing cultural 

properties or the data they contain to loss must be 

justified in terms of specific information that would be 

gained and how it would aid in the management of other 

cultural properties. Experimental study should aim 

toward understanding the kinds and rates of natural or 

human-caused deterioration, testing the effectiveness of 

protection measures, or developing new research or 

interpretation methods and similar kinds of practical 

management information. It should not be applied to 

cultural properties with strong research potential, 

traditional cultural importance, or good public use 

potential, if it would significantly diminish those uses. 

F. Discharged from Management. This category is 

assigned to cultural properties that have no remaining 

identifiable use. Most often these are prehistoric and 

historic archaeological properties, such as small surface 

scatters of artifacts or debris, whose limited research 

potential is effectively exhausted as soon as they have 

been documented. Also, more complex archaeological 

properties that have had their salient information 

collected and preserved through mitigation or research 

may be discharged from management, as should cultural 

properties destroyed by any natural event or human 

activity. Properties discharged from management 

remain in the inventory, but they are removed from 

further management attention and do not constrain other 

land uses. Particular classes of unrecorded cultural 

properties may be named and described in advance as 

dischargeable upon documentation, but specific cultural 

properties must be inspected in the field and recorded 

before they may be discharged from management. 

.43 Relationship between Evaluation and Allocation 

Cultural properties are evaluated with reference to 

National Register criteria for the purpose of assessing 

their historical values and their public significance. 

Such evaluations should be carefully considered when 

cultural properties are allocated to use categories and 

decisions are made regarding the appropriateness of 

National Register nomination and/or long-term 

preservation. Although preservation and nomination 

priorities must be weighed on a case-by-case basis, the 

following table can serve as a general guide to illustrate 

the relationship between National Register evaluation 

and allocation to use categories. 

TABLE 8110-1. 

Relationship Among Use Categories, National Register Eligibility, and Preservation/National Register 

Nomination 

Cultural Resource 

Use Category 

National Register 

Eligibility Preservation/National Register Nomination 

Scientific Use Usually eligible Long-term preservation not critical; medium National Register 

nomination priority. 

Conservation for 

Future Use Always eligible Long-term preservation is required; highest nomination priority. 

Traditional Use May be eligible Long-term preservation is desirable; nomination priority is determined 

in consultation with the appropriate cultural group(s). 

Public Use Usually eligible Long-term preservation is desirable; high nomination priority. 

Experimental Use May be eligible Long-term preservation not anticipated; low nomination priority. 

Discharged from 

Management Not eligible Long-term preservation and management are not considerations; 

nomination is inappropriate. 

848 Butte Draft RMP/EIS 
Cultural Resources 

INDIAN AFFAIRS: LAWS AND TREATIES 

VOL. II, TREATIES 

TREATY WITH THE BLACKFEET, 1855. 

COMPILED AND EDITED BY CHARLES J. KAPPLER. WASHINGTON : GOVERNMENT 

PRINTING OFFICE, 1904. 

Oct. 17, 1855. | 11 Stat., 657. | Ratified Apr. 15, 1856. | Proclaimed Apr. 25, 1856. 

Articles of agreement and convention made and 

concluded at the council-ground on the Upper Missouri, 

near the mouth of the Judith River, in the Territory of 

Nebraska, this seventeenth day of October, in the year 

one thousand eight hundred and fifty-five, by and 

between A. Cumming and Isaac I. Stevens, 

commissioners duly appointed and authorized, on the 

part of the United States, and the undersigned chiefs, 

headmen, and delegates of the following nations and 

tribes of Indians, who occupy, for the purposes of 

hunting, the territory on the Upper Missouri and 

Yellowstone Rivers, and who have permanent homes as 

follows: East of the Rocky Mountains, the Blackfoot 

Nation, consisting of the Piegan, Blood, Blackfoot, and 

Gros Ventres tribes of Indians. West of the Rocky 

Mountains, the Flathead Nation, consisting of the 

Flathead, Upper Pend d'Oreille, and Kootenay tribes of 

Indians, and the Nez Percé tribe of Indians, the said 

chiefs, headmen and delegates, in behalf of and acting 

for said nations and tribes, and being duly authorized 

thereto by them. 

ARTICLE 1. 

Peace, friendship and amity shall hereafter exist between 

the United States and the aforesaid nations and tribes of 

Indians, parties to this treaty, and the same shall be 

perpetual. 

ARTICLE 2. 

The aforesaid nations and tribes of Indians, parties to 

this treaty, do hereby jointly and severally covenant that 

peaceful relations shall likewise be maintained among 

themselves in future; and that they will abstain from all 

hostilities whatsoever against each other, and cultivate 

mutual good-will and friendship. And the nations and 

tribes aforesaid to furthermore jointly and severally 

covenant, that peaceful relations shall be maintained 

with and that they will abstain from all hostilities 

whatsoever, excepting in self-defense, against the 

following-named nations and tribes of Indians, to wit: 

the Crows, Assineboins, Crees, Snakes, Blackfeet, Sans 

ARTICLE 4. 

The parties to this treaty agree and consent, that the tract 

of country lying within lines drawn from the Hell Gate 

or Medicine Rock Passes, in an easterly direction, to the 

nearest source of the Muscle Shell River, thence down 

Arcs, and Aunce-pa-pas bands of Sioux, and all other 

neighboring nations and tribes of Indians. 

ARTICLE 3. 

The Blackfoot Nation consent and agree that all that 

portion of the country recognized and defined by the 

treaty of Laramie as Blackfoot territory, lying within 

lines drawn from the Hell Gate or Medicine Rock Passes 

in the main range of the Rocky Mountains, in an easterly 

direction to the nearest source of the Muscle Shell River, 

thence to the mouth of Twenty-five Yard Creek, thence 

up the Yellowstone River to its northern source, and 

thence along the main range of the Rocky Mountains, in 

a northerly direction, to the point of beginning, shall be a 

common hunting-ground for ninety-nine years, where all 

the nations, tribes and bands of Indians, parties to this 

treaty, may enjoy equal and uninterupted privileges of 

hunting, fishing and gathering fruit, grazing animals, 

curing meat and dressing robes. They further agree that 

they will not establish villages, or in any other way 

exercise exclusive rights within ten miles of the northern 

line of the common hunting-ground, and that the parties 

to this treaty may hunt on said northern boundary line 

and within ten miles thereof. 

Provided, That the western Indians, parties to this treaty, 

may hunt on the trail leading down the Muscle Shell to 

the Yellowstone; the Muscle Shell River being the 

boundary separating the Blackfoot from the Crow 

territory. 

And provided, That no nation, band, or tribe of Indians, 

parties to this treaty, nor any other Indians, shall be 

permitted to establish permanent settlements, or in any 

other way exercise, during the period above mentioned, 

exclusive rights or privileges within the limits of the 

above-described hunting-ground. And provided further, 

That the rights of the western Indians to a whole or a 

part of the common hunting-ground, derived from 

occupancy and possession, shall not be affected by this 

article, except so far as said rights may be determined by 

the treaty of Laramie. 

said river to its mouth, thence down the channel of the 

Missouri River to the mouth of Milk River, thence due 

north to the forty-ninth parallel, thence due west on said 

parallel to the main range of the Rocky Mountains, and 

thence southerly along said range to the place of 

Butte Draft RMP/EIS 849 
Appendix J 

beginning, shall be the territory of the Blackfoot Nation, 

over which said nation shall exercise exclusive control, 

excepting as may be otherwise provided in this treaty. 

Subject, however, to the provisions of the third article of 

this treaty, giving the right to hunt, and prohibiting the 

establishment of permanent villages and the exercise of 

any exclusive rights within ten miles of the northern line 

of the common hunting-ground, drawn from the nearest 

source of the Muscle Shell River to the Medicine Rock 

Passes, for the period of ninety-nine years. Provided 

also, That the Assiniboins shall have the right of 

hunting, in common with the Blackfeet, in the country 

lying between the aforesaid eastern boundary line, 

running from the mouth of Milk River to the forty-ninth 

parallel, and a line drawn from the left bank of the 

Missouri River, opposite the Round Butte north, to the 

forty-ninth parallel. 

ARTICLE 5. 

The parties to this treaty, residing west of the main range 

of the Rocky Mountains, agree and consent that they 

will not enter the common hunting ground, nor any part 

of the Blackfoot territory, or return home, by any pass in 

the main range of the Rocky Mountains to the north of 

the Hell Gate or Medicine Rock Passes. And they further 

agree that they will not hunt or otherwise disturb the 

game, when visiting the Blackfoot territory for trade or 

social intercourse. 

ARTICLE 6. 

The aforesaid nations and tribes of Indians, parties to 

this treaty, agree and consent to remain within their own 

respective countries, except when going to or from, or 

whilst hunting upon, the “common hunting ground,” or 

when visiting each other for the purpose of trade or 

social intercourse. 

ARTICLE 7. 

The aforesaid nations and tribes of Indians agree that 

citizens of the United States may live in and pass 

unmolested through the countries respectively occupied 

and claimed by them. And the United States is hereby 

bound to protect said Indians against depredations and 

other unlawful acts which white men residing in or 

passing through their country may commit. 

ARTICLE 8. 

For the purpose of establishing travelling thoroughfares 

through their country, and the better to enable the 

President to execute the provisions of this treaty, the 

aforesaid nations and tribes do hereby consent and agree, 

that the United States may, within the countries 

respectively occupied and claimed by them, construct 

roads of every description; establish lines of telegraph 

and military posts; use materials of every description 

found in the Indian country; build houses for agencies, 

missions, schools, farms, shops, mills, stations, and for 

any other purpose for which they may be required, and 

permanently occupy as much land as may be necessary 

for the various purposes above enumerated, including 

the use of wood for fuel and land for grazing, and that 

the navigation of all lakes and streams shall be forever 

free to citizens of the United States. 

ARTICLE 9. 

In consideration of the foregoing agreements, 

stipulations, and cessions, and on condition of their 

faithful observance, the United States agree to expend, 

annually, for the Piegan, Blood, Blackfoot, and Gros 

Ventres tribes of Indians, constituting the Blackfoot 

Nation, in addition to the goods and provisions 

distributed at the time of signing the treaty, twenty 

thousand dollars, annually, for ten years, to be expended 

in such useful goods and provisions, and other articles, 

as the President, as his discretion, may from time to time 

determine; and the superintendent, or other proper 

officer, shall each year inform the President of the 

wishes of the Indians in relation thereto: Provided, 

however, That if, in the judgment of the President and 

Senate, this amount be deemed insufficient, it may be 

increased not to exceed the sum of thirty-five thousand 

dollars per year. 

ARTICLE 10. 

The United States further agree to expend annually, for 

the benefit of the aforesaid tribes of the Blackfoot 

Nation, a sum not exceeding fifteen thousand dollars 

annually, for ten years, in establishing and instructing 

them in agricultural and mechanical pursuits, and in 

educating their children, and in any other respect 

promoting their civilization and Christianization: 

Provided, however, That to accomplish the objects of 

this article, the President may, at his discretion, apply 

any or all the annuities provided for in this treaty: And 

provided, also, That the President may, at his discretion, 

determine in what proportions the said annuities shall be 

divided among the several tribes. 

ARTICLE 11. 

The aforesaid tribes acknowledge their dependence on 

the Government of the United States, and promise to be 

friendly with all citizens thereof, and to commit no 

depredations or other violence upon such citizens. And 

should any one or more violate this pledge, and the fact 

be proved to the satisfaction of the President, the 

property taken shall be returned, or, in default thereof, or 

if injured or destroyed, compensation may be made by 

the Government out of the annuities. The aforesaid tribes 

are hereby bound to deliver such offenders to the proper 

authorities for trial and punishment, and are held 

responsible, in their tribal capacity, to make reparation 

for depredations so committed. 

Nor will they make war upon any other tribes, except in 

self-defense, but will submit all matter of difference, 

between themselves and other Indians, to the 

Government of the United States, through its agents, for 

850 Butte Draft RMP/EIS 
Cultural Resources 

adjustment, and will abide thereby. And if any of the 

said Indians, parties to this treaty, commit depredations 

on any other Indians within the jurisdiction of the United 

States, the same rule shall prevail as that prescribed in 

this article in case of depredations against citizens. And 

the said tribes agree not to shelter or conceal offenders 

against the laws of the United States, but to deliver them 

up to the authorities for trial. 

ARTICLE 12. 

It is agreed and understood, by and between the parties 

to this treaty, that if any nation or tribe of Indians 

aforesaid, shall violate any of the agreements, 

obligations, or stipulations, herein contained, the United 

States may withhold, for such length of time as the 

President and Congress may determine, any portion or 

all of the annuities agreed to be paid to said nation or 

tribe under the ninth and tenth articles of this treaty. 

ARTICLE 13. 

The nations and tribes of Indians, parties to this treaty, 

desire to exclude from their country the use of ardent 

spirits or other intoxicating liquor, and to prevent their 

people from drinking the same. Therefore it is provided, 

that any Indian belonging to said tribes who is guilty of 

bringing such liquor into the Indian country, or who 

drinks liquor, may have his or her proportion of the 

annuities withheld from him or her, for such time as the 

President may determine. 

ARTICLE 14. 

The aforesaid nations and tribes of Indians, west of the 

Rocky Mountains, parties to this treaty, do agree, in 

consideration of the provisions already made for them in 

existing treaties, to accept the guarantees of the peaceful 

occupation of their hunting-grounds, east of the Rocky 

Mountains, and of remuneration for depredations made 

by the other tribes, pledged to be secured to them in this 

treaty out of the annuities of said tribes, in full 

compensation for the concessions which they, in 

common with the said tribes, have made in this treaty. 

The Indians east of the mountains, parties to this treaty, 

likewise recognize and accept the guarantees of this 

treaty, in full compensation for the injuries or 

depredations which have been, or may be committed by 

the aforesaid tribes, west of the Rocky Mountains. 

ARTICLE 15. 

The annuities of the aforesaid tribes shall not be taken to 

pay the debts of individuals. 

ARTICLE 16. 

This treaty shall be obligatory upon the aforesaid nations 

and tribes of Indians, parties hereto, from the date 

hereof, and upon the United States as soon as the same 

shall be ratified by the President and Senate. 

In testimony whereof the said A. Cumming and Isaac I. 

Stevens, commissioners on the part of the United States, 

and the undersigned chiefs, headmen, and delegates of 

the aforesaid nations and tribes of Indians, parties to this 

treaty, have hereunto set their hands and seals at the 

place and on the day and year hereinbefore written. 

A. Cumming. [L. S.] 

Isaac I. Stevens [L. S.] 

CuI. Stevens [LS. 

Piegans: 

Nee-ti-nee, or “the only chief,” now called the Lame 

Bull, his x mark. [L. S.]
 

Mountain Chief, his x mark. [L. S.]
 

Low Horn, his x mark. [L. S.]
 

Little Gray Head, his x mark. [L. S.]
 

Little Dog, his x mark. [L. S.]
 

Big Snake, his x mark. [L. S.]
 

The Skunk, his x mark. [L. S.]
 

The Bad Head, his x mark. [L. S.]
 

Kitch-eepone-istah, his x mark. [L. S.]
 

Middle Sitter, his x mark. [L. S.]
 

Bloods: 

Onis-tay-say-nah-que-im, his x mark. [L. S.]
 

The Father of All Children, his x mark. [L. S.]
 

The Bull's Back Fat, his x mark. [L. S.]
 

Heavy Shield, his x mark. [L. S.]
 

Nah-tose-onistah, his x mark. [L. S.]
 

The Calf Shirt, his x mark. [L. S.]
 

Gros Ventres:, 

Bear's Shirt, his x mark. [L. S.] 

Little Soldier, his x mark. [L. S.] 

Star Robe, his x mark. [L. S.] 

Sitting Squaw, his x mark. [L. S.] 

Weasel Horse, his x mark. [L. S.] 

The Rider, his x mark. [L. S.] 

Eagle Chief, his x mark. [L. S.] 

Heap of Bears, his x mark. [L. S.] 

Blackfeet: 

The Three Bulls, his x mark. [L. S.] 

The Old Kootomais, his x mark. [L. S.] 

Pow-ah-que, his x mark. [L. S.] 

Butte Draft RMP/EIS 851 
Appendix J 

Chief Rabbit Runner, his x mark. [L. S.] 

Nez Percés: 

Spotted Eagle, his x mark. [L. S.]
 

Looking Glass, his x mark. [L. S.]
 

The Three Feathers, his x mark. [L. S.]
 

Eagle from the Light, his x mark. [L. S.]
 

The Lone Bird, his x mark. [L. S.]
 

Ip-shun-nee-wus, his x mark. [L. S.]
 

Jason, his x mark. [L. S.]
 

Wat-ti-wat-ti-we-hinck, his x mark. [L. S.]
 

White Bird, his x mark. [L. S.]
 

Stabbing Man, his x mark. [L. S.]
 

Jesse, his x mark. [L. S.]
 

Plenty Bears, his x mark. [L. S.]
 

Flathead Nation: 

Victor, his x mark. [L. S.] 

Alexander, his x mark. [L. S.] 

Moses, his x mark. [L. S.] 

Big Canoe, his x mark. [L. S.] 

Ambrose, his x mark. [L. S.] 

Kootle-cha, his x mark. [L. S.] 

Michelle, his x mark. [L. S.] 

Francis, his x mark. [L. S.] 

Vincent, his x mark. [L. S.] 

Andrew, his x mark. [L. S.] 

Adolphe, his x mark. [L. S.] 

Thunder, his x mark. [L. S.] 

Piegans: 

Running Rabbit, his x mark, [L. S.]
 

Chief Bear, his x mark. [L. S.]
 

The Little White Buffalo, his x mark. [L. S.]
 

The Big Straw, his x mark. [L. S.]
 

Flathead: 

Bear Track, his x mark. [L. S.] 

Little Michelle, his x mark. [L. S.] 

Palchinah, his x mark. [L. S.] 

Bloods: 

The Feather, his x mark. [L. S.] 

The White Eagle, his x mark. [L. S.] 

Executed in presence of— 

James Doty, secretary. 

Alfred J. Vaughan, jr. 

E. Alw. Hatch, agent for Blackfeet.
 

Thomas Adams, special agent Flathead Nation.
 

R. H. Lansdale, Indian agent Flathead Nation.
 

W. H. Tappan, sub-agent for the Nez Percés.
 

Blackfoot interpreters: 

James Bird, 

A. Culbertson, 

Benj. Deroche, 

Flat Head interpreters: 

Benj. Kiser, his x mark, 

Witness, James Doty, 

Gustavus Sohon, 

Nez Percé interpreters: 

W. Craig,
 

Delaware Jim, his x mark,
 

Witness, James Doty,
 

A Cree Chief (Broken Arm,) his mark.
 

Witness, James Doty.
 

A. J. Hoeekeorsg,
 

James Croke,
 

E. S. Wilson,
 

A. C. Jackson,
 

Charles Shucette, his x mark.
 

Christ. P. Higgins,
 

A. H. Robie,
 

S. S. Ford, jr.
 

852 Butte Draft RMP/EIS 
Cultural Resources 

TREATY WITH THE CROWS, 1868 

COMPILED AND EDITED BY CHARLES J. KAPPLER. WASHINGTON : GOVERNMENT 

PRINTING OFFICE, 1904. 

May 7, 1868. | 15 Stats., 649. | Ratified, July 25, 1868. | Proclaimed, Aug. 12, 1868. 

Articles of a treaty made and concluded at Fort 

Laramie, Dakota Territory, on the seventh day of May, 

in the year of our Lord one thousand eight hundred and 

sixty-eight, by and between the undersigned 

commissioners on the part of the United States, and the 

undersigned chiefs and head-men of and representing 

the Crow Indians, they being duly authorized to act in 

the premises. 

ARTICLE 1. 

From this day forward peace between the parties to this 

treaty shall forever continue. The Government of the 

United States desires peace, and its honor is hereby 

pledged to keep it. The Indians desire peace, and they 

hereby pledge their honor to maintain it. If bad men 

among the whites or among other people, subject to the 

authority of the United States, shall commit any wrong 

upon the person or property of the Indians, the United 

States will, upon proof made to the agent and forwarded 

to the Commissioner of Indian Affairs at Washington 

City, proceed at once to cause the offender to be arrested 

and punished according to the laws of the United States, 

and also re-imburse the injured person for the loss 

sustained. 

If bad men among the Indians shall commit a wrong or 

depredation upon the person or property of any one, 

white, black, or Indian, subject to the authority of the 

United States and at peace therewith, the Indians herein 

named solemnly agree that they will, on proof made to 

their agent and notice by him, deliver up the wrong-doer 

to the United States, to be tried and punished according 

to its laws; and in case they refuse willfully so to do the 

person injured shall be re-imbursed for his loss from the 

annuities or other moneys due or to become due to them 

under this or other treaties made with the United States. 

And the President, on advising with the Commissioner 

of Indian Affairs, shall prescribe such rules and 

regulations for ascertaining damages under the 

provisions of this article as in his judgment may be 

proper. But no such damages shall be adjusted and paid 

until thoroughly examined and passed upon by the 

Commissioner of Indian Affairs, and no one sustaining 

loss while violating, or because of his violating, the 

provisions of this treaty or the laws of the United States 

shall be re-imbursed therefor. 

ARTICLE 2. 

The United States agrees that the following district of 

country, to wit: commencing where the 107th degree of 

longitude west of Greenwich crosses the south boundary 

of Montana Territory; thence north along said 107th 

meridian to the mid-channel of the Yellowstone River; 

thence up said mid-channel of the Yellowstone to the 

point where it crosses the said southern boundary of 

Montana, being the 45th degree of north latitude; and 

thence east along said parallel of latitude to the place of 

beginning, shall be, and the same is, set apart for the 

absolute and undisturbed use and occupation of the 

Indians herein named, and for such other friendly tribes 

or individual Indians as from to time they may be 

willing, with the consent of the United States, to admit 

amongst them; and the United States now solemnly 

agrees that no persons, except those herein designated 

and authorized so to do, and except such officers, agents, 

and employés of the Government as may be authorized 

to enter upon Indian reservations in discharge of duties 

enjoined by law, shall ever be permitted to pass over, 

settle upon, or reside in the territory described in this 

article for the use of said Indians, and henceforth they 

will, and do hereby, relinquish all title, claims, or rights 

in and to any portion of the territory of the United States, 

except such as is embraced within the limits aforesaid. 

ARTICLE 3. 

The United States agrees, at its own proper expense, to 

construct on the south side of the Yellowstone, near 

Otter Creek, a warehouse or store-room for the use of 

the agent in storing goods belonging to the Indians, to 

cost not exceeding twenty-five hundred dollars; an 

agency-building for the residence of the agent, to cost 

not exceeding three thousand dollars; a residence for the 

physician, to cost not more than three thousand dollars; 

and five other buildings, for a carpenter, farmer, 

blacksmith, miller, and engineer, each to cost not 

exceeding two thousand dollars; also a school-house or 

mission-building, so soon as a sufficient number of 

children can be induced by the agent to attend school, 

which shall not cost exceeding twenty-five hundred 

dollars. 

The United States agrees further to cause to be erected 

on said reservation, near the other buildings herein 

authorized, a good steam circular saw-mill, with a gristmill and shingle-machine attached, the same to cost not 

exceeding eight thousand dollars. 

ARTICLE 4. 

The Indians herein named agree, when the agency-house 

and other buildings shall be constructed on the 

reservation named, they will make said reservation their 

permanent home, and they will make no permanent 

settlement elsewhere, but they shall have the right to 

hunt on the unoccupied lands of the United States so 

Butte Draft RMP/EIS 853 
Appendix J 

long as game may be found thereon, and as long as 

peace subsists among the whites and Indians on the 

borders of the hunting districts. 

ARTICLE 5. 

The United States agrees that the agent for said Indians 

shall in the future make his home at the agency-building; 

that he shall reside among them, and keep an office open 

at all times for the purpose of prompt and diligent 

inquiry into such matters of complaint, by and against 

the Indians, as may be presented for investigation under 

the provisions of their treaty stipulations, as also for the 

faithful discharge of other duties enjoined on him by 

law. In all cases of depredation on person or property, he 

shall cause the evidence to be taken in writing and 

forwarded, together with his finding, to the 

Commissioner of Indian Affairs, whose decision shall be 

binding on the parties to this treaty. 

ARTICLE 6. 

If any individual belonging to said tribes of Indians, or 

legally incorporated with them, being the head of a 

family, shall desire to commence farming, he shall have 

the privilege to select, in the presence and with the 

assistance of the agent then in charge, a tract of land 

within said reservation, not exceeding three hundred and 

twenty acres in extent, which tract, when so selected, 

certified, and recorded in the “land book,”as herein 

directed, shall cease to be held in common, but the same 

may be occupied and held in the exclusive possession of 

the person selecting it, and of his family, so long as he or 

they may continue to cultivate it. 

Any person over eighteen years of age, not being the 

head of a family, may in like manner select and cause to 

be certified to him or her, for purposes of cultivation, a 

quantity of land not exceeding eighty acres in extent, 

and thereupon be entitled to the exclusive possession of 

the same as above directed. 

For each tract of land so selected a certificate, containing 

a description thereof and the name of the person 

selecting it, with a certificate endorsed thereon that the 

same has been recorded, shall be delivered to the party 

entitled to it by the agent, after the same shall have been 

recorded by him in a book to be kept in his office, 

subject to inspection, which said book shall be known as 

the “Crow land book.” 

The President may at any time order a survey of the 

reservation, and, when so surveyed, Congress shall 

provide for protecting the rights of settlers in their 

improvements, and may fix the character of the title held 

by each. The United States may pass such laws on the 

subject of alienation and descent of property as between 

Indians, and on all subjects connected with the 

government of the Indians on said reservations and the 

internal police thereof, as may be thought proper. 

ARTICLE 7. 

In order to insure the civilization of the tribe entering 

into this treaty, the necessity of education is admitted, 

especially by such of them as are, or may be, settled on 

said agricultural reservation; and they therefore pledge 

themselves to compel their children, male and female, 

between the ages of six and sixteen years, to attend 

school; and it is hereby made the duty of the agent for 

said Indians to see that this stipulation is strictly 

complied with; and the United States agrees that for 

every thirty children, between said ages, who can be 

induced or compelled to attend school, a house shall be 

provided, and a teacher, competent to teach the 

elementary branches of an English education, shall be 

furnished, who will reside among said Indians, and 

faithfully discharge his or her duties as a teacher. The 

provisions of this article to continue for twenty years. 

ARTICLE 8. 

When the head of a family or lodge shall have selected 

lands and received his certificate as above directed, and 

the agent shall be satisfied that he intends in good faith 

to commence cultivating the soil for a living, he shall be 

entitled to receive seed and agricultural implements for 

the first year in value one hundred dollars, and for each 

succeeding year he shall continue to farm, for a period of 

three years more, he shall be entitled to receive seed and 

implements as aforesaid in value twenty-five dollars per 

annum. 

And it is further stipulated that such persons as 

commence farming shall receive instructions from the 

farmer herein provided for, and whenever more than one 

hundred persons shall enter upon the cultivation of the 

soil, a second blacksmith shall be provided, with such 

iron, steel, and other material as may be required. 

ARTICLE 9. 

In lieu of all sums of money or other annuities provided 

to be paid to the Indians herein named, under any and all 

treaties heretofore made with them, the United States 

agrees to deliver at the agency house, on the reservation 

herein provided for, on the first day of September of 

each year for thirty years, the following articles, to wit: 

For each male person, over fourteen years of age, a suit 

of good substantial woolen clothing, consisting of coat, 

hat, pantaloons, flannel shirt, and a pair of woolen socks. 

For each female, over twelve years of age, a flannel 

skirt, or the goods necessary to make it, a pair of woolen 

hose, twelve yards of calico, and twelve yards of cotton 

domestics. 

For the boys and girls under the ages named, such 

flannel and cotton goods as may be needed to make each 

a suit as aforesaid, together with a pair of woollen hose 

for each. 

854 Butte Draft RMP/EIS 
Cultural Resources 

And in order that the Commissioner of Indian Affairs 

may be able to estimate properly for the articles herein 

named, it shall be the duty of the agent, each year, to 

forward to him a full and exact census of the Indians, on 

which the estimate from year to year can be based. 

And, in addition to the clothing herein named, the sum 

of ten dollars shall be annually appropriated for each 

Indian roaming, and twenty dollars for each Indian 

engaged in agriculture, for a period of ten years, to be 

used by the Secretary of the Interior in the purchase of 

such articles as, from time to time, the condition and 

necessities of the Indians may indicate to be proper. And 

if, at any time within the ten years, it shall appear that 

the amount of money needed for clothing, under this 

article, can be appropriated to better uses for the tribe 

herein named, Congress may, by law, change the 

appropriation to other purposes; but in no event shall the 

amount of this appropriation be withdrawn or 

discontinued for the period named. 

And the President shall annually detail an officer of the 

Army to be present and attest the delivery of all the 

goods herein named to the Indians, and he shall inspect 

and report on the quantity and quality of the goods and 

the manner of their delivery; and it is expressly 

stipulated that each Indian over the age of four years, 

who shall have removed to and settled permanently upon 

said reservation, and complied with the stipulations of 

this treaty, shall be entitled to receive from the United 

States, for the period of four years after he shall have 

settled upon said reservation, one pound of meat and one 

pound of flour per day, provided the Indians cannot 

furnish their own subsistence at an earlier date. And it is 

further stipulated that the United States will furnish and 

deliver to each lodge of Indians, or family of persons 

legally incorporated with them, who shall remove to the 

reservation herein described, and commence farming, 

one good American cow and one good, well-broken pair 

of American oxen, within sixty days after such lodge or 

family shall have so settled upon said reservation. 

ARTICLE 10. 

The United States hereby agrees to furnish annually to 

the Indians the physician, teachers, carpenter, miller, 

engineer, farmer, and blacksmiths as herein 

contemplated, and that such appropriations shall be 

made from time to time, on the estimates of the 

Secretary of the Interior, as will be sufficient to employ 

such persons. 

ARTICLE 11. 

No treaty for the cession of any portion of the 

reservation herein described, which may be held in 

common, shall be of any force or validity as against the 

said Indians unless executed and signed by, at least, a 

majority of all the adult male Indians occupying or 

interested in the same, and no cession by the tribe shall 

be understood or construed in such a manner as to 

deprive, without his consent, any individual member of 

the tribe of his right to any tract of land selected by him 

as provided in Article 6 of this treaty. 

ARTICLE 12. 

It is agreed that the sum of five hundred dollars 

annually, for three years from the date when they 

commence to cultivate a farm, shall be expended in 

presents to the ten persons of said tribe who, in the 

judgment of the agent, may grow the most valuable 

crops for the respective year. 

W. T. Sherman, 

Lieutenant-General. 

Wm. S. Harney, 

Brevet Major-General and Peace Commissioner. 

Alfred H. Terry, 

Brevet Major-General. 

C. C. Augur, 

Brevet Major-General. 

John B. Sanborn. 

S. F. Tappan. 

Ashton S. H. White, Secretary. 

Che-ra-pee-ish-ka-te, Pretty Bull, his x mark. [SEAL.] 

Chat-sta-he, Wolf Bow, his x mark. [SEAL.] 

Ah-be-che-se, Mountain Tail, his x mark. [SEAL.] 

Kam-ne-but-sa, Black Foot, his x mark. [SEAL.] 

De-sal-ze-cho-se, White Horse, his x mark. [SEAL.] 

Chin-ka-she-arache, Poor Elk, his x mark. [SEAL.] 

E-sa-woor, Shot in the Jaw, his x mark. [SEAL.] 

E-sha-chose, White Forehead, his x mark. [SEAL.] 

—Roo-ka, Pounded Meat, his x mark. [SEAL.] 

De-ka-ke-up-se, Bird in the Neck, his x mark. [SEAL.] 

Me-na-che, The Swan, his x mark. [SEAL.] 

Attest: 

George B. Wills, phonographer. 

John D. Howland. 

Alex. Gardner. 

David Knox. 

Chas. Freeman. 

Jas. C. O'Connor. 

Butte Draft RMP/EIS 855 
Appendix J 

TREATY WITH THE SHOSHONI—NORTHWESTERN BANDS, 1863. 

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904. 

JULY 30, 1863. | 13 STATS., 663. | RATIFIED MAR. 7, 1864 | PROCLAIMED JAN. 17, 1865. 

Articles of agreement made at Box Elder, in Utah 

Territory, this thirtieth day of July, A. D. one thousand 

eight hundred and sixty-three, by and between the 

United States of America, represented by BrigadierGeneral P. Edward Connor, commanding the military 

district of Utah, and James Duane Doty, commissioner, 

and the northwestern bands of the Shoshonee Indians, 

represented by their chiefs and warriors: 

ARTICLE 1. 

It is agreed that friendly and amicable relations shall be 

re-established between the bands of the Shoshonee 

Nation, parties hereto, and the United States, and it is 

declared that a firm and perpetual peace shall be 

henceforth maintained between the said bands and the 

United States. 

ARTICLE 2. 

The treaty concluded at Fort Bridger on the 2nd day of 

July, 1863; between the United States and the Shoshonee 

Nation, being read and fully interpreted and explained to 

the said chiefs and warriors, they do hereby give their 

full and free assent to all of the provisions of said treaty, 

and the same are hereby adopted as a part of this 

agreement, and the same shall be binding upon the 

parties hereto. 

ARTICLE 3. 

In consideration of the stipulations in the preceding 

articles, the United States agree to increase the annuity 

to the Shoshonee Nation five thousand dollars, to be 

paid in the manner provided in said treaty. And the said 

northwestern bands hereby acknowledge to have 

received of the United States, at the signing of these 

articles, provisions and goods to the amount of two 

thousand dollars, to relieve their immediate necessities, 

the said bands having been reduced by the war to a state 

of utter destitution. 

ARTICLE 4. 

The country claimed by Pokatello, for himself and his 

people, is bounded on the west by Raft River and on the 

east by the Porteneuf Mountains. 

ARTICLE 5. 

Nothing herein contained shall be construed or taken to 

admit any other or greater title or interest in the lands 

embraced within the territories described in said treaty in 

said tribes or bands of Indians than existed in them upon 

the acquisition of said territories from Mexico by the 

laws thereof. 

Done at Box Elder, this thirtieth day of July, A. D. 1863. 

James Duane Doty, 

Governor and acting superintendent of Indian 

affairs in Utah Territory. 

P. Edw. Connor, 

Brigadier-General U. S. Volunteers, commanding 

District of Utah. 

Pokatello, his x mark, chief. 

Toomontso, his x mark, chief. 

Sanpitz, his x mark, chief. 

Tosowitz, his x mark, chief. 

Yahnoway, his x mark, chief. 

Weerahsoop, his x mark, chief. 

Pahragoosahd, his x mark, chief. 

Tahkwetoonah, his x mark, chief. 

Omashee, (John Pokatelloaposs brother,) his x mark, 

chief. 

Witnesses: 

Robt. Pollock, colonel Third Infantry, C. V. 

M. G. Lewis, captain Third Infantry, C. V. 

S. E. Jocelyn, first lieutenant Third Infantry, C. V. 

Jos. A. Gebone, Indian interpreter.
 

John Barnard, jr., his x mark, special interpreter. 

Willis H. Boothe, special interpreter. 

Horace Wheat 

856 Butte Draft RMP/EIS 
Cultural Resources 

TREATY WITH THE FLATHEADS, ETC., 1855. 

JULY 16, 1855. | 12 STATS., 975. | RATIFIED MAR. 8, 1859. | PROCLAIMED APR. 18, 1859. 

Articles of agreement and convention made and 

concluded at the treaty-ground at Hell Gate, in the Bitter 

Root Valley, this sixteenth day of July, in the year one 

thousand eight hundred and fifty-five, by and between 

Isaac I. Stevens, governor and superintendent of Indian 

affairs for the Territory of Washington, on the part of the 

United States, and the undersigned chiefs, head-men, 

and delegates of the confederated tribes of the Flathead, 

Kootenay, and Upper Pend d' Oreilles Indians, on behalf 

of and acting for said confederated tribes, and being duly 

authorized thereto by them. It being understood and 

agreed that the said confederated tribes do hereby 

constitute a nation, under the name of the Flathead 

Nation, with Victor, the head chief of the Fleathead 

tribe, as the head chief of the said nation, and that the 

several chiefs, head-men, and delegates, whose names 

are signed to this treaty, do hereby, in behalf of their 

respective tribes, recognise Victor as said head chief. 

ARTICLE 1. 

The said confederated tribe of Indians hereby cede, 

relinquish, and convey to the United States all their 

right, title, and interest in and to the country occupied or 

claimed by them, bounded and described as follows, to 

wit: Commencing on the main ridge of the Rocky 

Mountains at the forty-ninth (49th) parallel of latitude, 

thence westwardly on that parallel to the divide between 

the Flat-bow or Kootenay River and Clarke's Fork, 

thence southerly and southeasterly along said divide to 

the one hundred and fifteenth degree of longitude, 

(115°,) thence in a southwesterly direction to the divide 

between the sources of the St. Regis Borgia and the 

Coeur d' Alene Rivers, thence southeasterly and 

southerly along the main ridge of the Bitter Root 

Mountains to the divide between the head-waters of the 

Koos-koos-kee River and of the southwestern fork of the 

Bitter Root River, thence easterly along the divide 

separating the waters of the several tributaries of the 

Bitter Root River from the waters flowing into the 

Salmon and Snake Rivers to the main ridge of the Rocky 

Mountains, and thence northerly along said main ridge 

to the place of beginning. 

ARTICLE 2. 

There is, however, reserved from the lands above ceded, 

for the use and occupation of the said confederated 

tribes, and as a general Indian reservation, upon which 

may be placed other friendly tribes and bands of Indians 

of the Territory of Washington who may agree to be 

consolidated with the tribes parties to this treaty, under 

the common designation of the Flathead Nation, with 

Victor, head chief of the Flathead tribe, as the head chief 

of the nation, the tract of land included within the 

following boundaries, to wit: 

Commencing at the source of the main branch of the 

Jocko River; thence along the divide separating the 

waters flowing into the Bitter Root River from those 

flowing into the Jocko to a point on Clarke's Fork 

between the Camash and Horse Prairies; thence 

northerly to, and along the divide bounding on the west 

the Flathead River, to a point due west from the point 

half way in latitude between the northern and southern 

extremities of the Flathead Lake; thence on a due east 

course to the divide whence the Crow, the Prune, the Soni-el-em and the Jocko Rivers take their rise, and thence 

southerly along said divide to the place of beginning. 

All which tract shall be set apart, and, so far as 

necessary, surveyed and marked out for the exclusive 

use and benefit of said confederated tribes as an Indian 

reservation. Nor shall any white man, excepting those in 

the employment of the Indian department, be permitted 

to reside upon the said reservation without permission of 

the confederated tribes, and the superintendent and 

agent. And the said confederated tribes agree to remove 

to and settle upon the same within one year after the 

ratification of this treaty. In the meantime it shall be 

lawful for them to reside upon any ground not in the 

actual claim and occupation of citizens of the United 

States, and upon any ground claimed or occupied, if with 

the permission of the owner or claimant. 

Guaranteeing however the right to all citizens of the 

United States to enter upon and occupy as settlers any 

lands not actually occupied and cultivated by said 

Indians at this time, and not included in the reservation 

above named. And provided, That any substantial 

improvements heretofore made by any Indian, such as 

fields enclosed and cultivated and houses erected upon 

the lands hereby ceded, and which he may be compelled 

to abandon in consequence of this treaty, shall be valued 

under the direction of the President of the United States, 

and payment made therefor in money, or improvements 

of an equal value be made for said Indian upon the 

reservation; and no Indian will be required to abandon 

the improvements aforesaid, now occupied by him, until 

their value in money or improvements of an equal value 

shall be furnished him as aforesaid. 

ARTICLE 3. 

And provided, That if necessary for the public 

convenience roads may be run through the said 

reservation; and, on the other hand, the right of way with 

free access from the same to the nearest public highway 

is secured to them, as also the right in common with 

citizens of the United States to travel upon all public 

highways. 

The exclusive right of taking fish in all the streams 

running through or bordering said reservation is further 

secured to said Indians; as also the right of taking fish at 

Butte Draft RMP/EIS 857 
Appendix J 

all usual and accustomed places, in common with 

citizens of the Territory, and of erecting temporary 

buildings for curing; together with the privilege of 

hunting, gathering roots and berries, and pasturing their 

horses and cattle upon open and unclaimed land. 

ARTICLE 4. 

In consideration of the above cession, the United States 

agree to pay to the said confederated tribes of Indians, in 

addition to the goods and provisions distributed to them 

at the time of signing this treaty the sum of one hundred 

and twenty thousand dollars, in the following manner— 

that is to say: For the first year after the ratification 

hereof, thirty-six thousand dollars, to be expended under 

the direction of the President, in providing for their 

removal to the reservation, breaking up and fencing 

farms, building houses for them, and for such other 

objects as he may deem necessary. For the next four 

years, six thousand dollars each year; for the next five 

years, five thousand dollars each year; for the next five 

years, four thousand dollars each year; and for the next 

five years, three thousand dollars each year. 

All which said sums of money shall be applied to the use 

and benefit of the said Indians, under the direction of the 

President of the United States, who may from time to 

time determine, at his discretion, upon what beneficial 

objects to expend the same for them, and the 

superintendent of Indian affairs, or other proper officer, 

shall each year inform the President of the wishes of the 

Indians in relation thereto. 

ARTICLE 5. 

The United States further agree to establish at suitable 

points within said reservation, within one year after the 

ratification hereof, an agricultural and industrial school, 

erecting the necessary buildings, keeping the same in 

repair, and providing it with furniture, books, and 

stationery, to be located at the agency, and to be free to 

the children of the said tribes, and to employ a suitable 

instructor or instructors. To furnish one blacksmith shop, 

to which shall be attached a tin and gun shop; one 

carpenter's shop; one wagon and plough-maker's shop; 

and to keep the same in repair, and furnished with the 

necessary tools. To employ two farmers, one blacksmith, 

one tinner, one gunsmith, one carpenter, one wagon and 

plough maker, for the instruction of the Indians in trades, 

and to assist them in the same. To erect one saw-mill 

and one flouring-mill, keeping the same in repair and 

furnished with the necessary tools and fixtures, and to 

employ two millers. To erect a hospital, keeping the 

same in repair, and provided with the necessary 

medicines and furniture, and to employ a physician; and 

to erect, keep in repair, and provide the necessary 

furniture the buildings required for the accommodation 

of said employees. The said buildings and 

establishments to be maintained and kept in repair as 

aforesaid, and the employees to be kept in service for the 

period of twenty years. 

And in view of the fact that the head chiefs of the said 

confederated tribes of Indians are expected and will be 

called upon to perform many services of a public 

character, occupying much of their time, the United 

States further agree to pay to each of the Flathead, 

Kootenay, and Upper Pend d'Oreilles tribes five hundred 

dollars per year, for the term of twenty years after the 

ratification hereof, as a salary for such persons as the 

said confederated tribes may select to be their head 

chiefs, and to build for them at suitable points on the 

reservation a comfortable house, and properly furnish 

the same, and to plough and fence for each of them ten 

acres of land. The salary to be paid to, and the said 

houses to be occupied by, such head chiefs so long as 

they may be elected to that position by their tribes, and 

no longer. And all the expenditures and expenses 

contemplated in this article of this treaty shall be 

defrayed by the United States, and shall not be deducted 

from the annuities agreed to be paid to said tribes. Nor 

shall the cost of transporting the goods for the annity 

payments be a charge upon the annuities, but shall be 

defrayed by the United States. 

ARTICLE 6. 

The President may from time to time, at his discretion, 

cause the whole, or such portion of such reservation as 

he may think proper, to be surveyed into lots, and assign 

the same to such individuals or families of the said 

confederated tribes as are willing to avail themselves of 

the privilege, and will locate on the same as a permanent 

home, on the same terms and subject to the same 

regulations as are provided in the sixth article of the 

treaty with the Omahas, so far as the same may be 

applicable. 

ARTICLE 7. 

The annuities of the aforesaid confederated tribes of 

Indians shall not be taken to pay the debts of individuals. 

ARTICLE 8. 

The aforesaid confederated tribes of Indians 

acknowledge their dependence upon the Government of 

the United States, and promise to be friendly with all 

citizens thereof, and pledge themselves to commit no 

depredations upon the property of such citizens. And 

should any one or more of them violate this pledge, and 

the fact be satisfactorily proved before the agent, the 

property taken shall be returned, or, in default thereof, or 

if injured or destroyed, compensation may be made by 

the Government out of the annuities. Nor will they make 

war on any other tribe except in self-defence, but will 

submit all matters of difference between them and other 

Indians to the Government of the United States, or its 

agent, for decision, and abide thereby. And if any of the 

said Indians commit any depredations on any other 

Indians within the jurisdiction of the United States, the 

same rule shall prevail as that prescribed in this article, 

in case of depredations against citizens. And the said 

tribes agree not to shelter or conceal offenders against 

858 Butte Draft RMP/EIS 
Cultural Resources 

the laws of the United States, but to deliver them up to 

the authorities for trial. 

ARTICLE 9. 

The said confederated tribes desire to exclude from their 

reservation the use of ardent spirits, and to prevent their 

people from drinking the same; and therefore it is 

provided that any Indian belonging to said confederated 

tribes of Indians who is guilty of bringing liquor into 

said reservation, or who drinks liquor, may have his or 

her proportion of the annuities withheld from him or her 

for such time as the President may determine. 

ARTICLE 10. 

The United States further agree to guaranty the exclusive 

use of the reservation provided for in this treaty, as 

against any claims which may be urged by the Hudson 

Bay Company under the provisions of the treaty between 

the United States and Great Britain of the fifteenth of 

June, eighteen hundred and forty-six, in consequence of 

the occupation of a trading-post on the Pru-in River by 

the servants of that company. 

ARTICLE 11. 

It is, moreover, provided that the Bitter Root Valley, 

above the Loo-lo Fork, shall be carefully surveyed and 

examined, and if it shall prove, in the judgment of the 

President, to be better adapted to the wants of the 

Flathead tribe than the general reservation provided for 

in this treaty, then such portions of it as may be 

necessary shall be set apart as a separate reservation for 

the said tribe. No portion of the Bitter Root Valley, 

above the Loo-lo Fork, shall be opened to settlement 

until such examination is had and the decision of the 

President made known. 

ARTICLE 12. 

This treaty shall be obligatory upon the contracting 

parties as soon as the same shall be ratified by the 

President and Senate of the United States. 

In testimony whereof, the said Isaac I. Stevens, governor 

and superintendent of Indian affairs for the Territory of 

Washington, and the undersigned head chiefs, chiefs and 

principal men of the Flathead, Kootenay, and Upper 

Pend d'Oreilles tribes of Indians, have hereunto set their 

hands and seals, at the place and on the day and year 

hereinbefore written. 

Isaac I. Stevens, [L. S.] 

Governor and Superintendent Indian Affairs W. T. 

Victor, head chief of the Flathead Nation, his x mark. [L. 

S.]
 

Alexander, chief of the Upper Pend d'Oreilles, his x 

mark. [L. S.]
 

Michelle, chief of the Kootenays, his x mark. [L. S.]
 

Ambrose, his x mark. [L. S.]
 

Pah-soh, his x mark. [L. S.]
 

Bear Track, his x mark. [L. S.]
 

Adolphe, his x mark. [L. S.]
 

Thunder, his x mark. [L. S.]
 

Big Canoe, his x mark. [L. S.]
 

Kootel Chah, his x mark. [L. S.]
 

Paul, his x mark. [L. S.]
 

Andrew, his x mark. [L. S.]
 

Michelle, his x mark. [L. S.]
 

Battiste, his x mark. [L. S.]

 Kootenays. 

Gun Flint, his x mark. [L. S.]
 

Little Michelle, his x mark. [L. S.]
 

Paul See, his x mark. [L. S.]
 

Moses, his x mark. [L. S.]
 

James Doty, secretary.
 

R. H. Lansdale, Indian Agent.
 

W. H. Tappan, sub Indian Agent. 

Henry R. Crosire, 

Gustavus Sohon, Flathead Interpreter. 

A. J. Hoecken, sp. mis. 

William Craig. 

Butte Draft RMP/EIS 859 
Appendix J 

TREATY OF FORT LARAMIE WITH SIOUX, ETC., 1851. 

COMPILED AND EDITED BY CHARLES J. KAPPLER. WASHINGTON : GOVERNMENT 

PRINTING OFFICE, 1904. 

Sept. 17, 1851. | 11 Stats., p. 749. 

Articles of a treaty made and concluded at Fort Laramie, 

in the Indian Territory, between D. D. Mitchell, 

superintendent of Indian affairs, and Thomas Fitzpatrick, 

Indian agent, commissioners specially appointed and 

authorized by the President of the United States, of the 

first part, and the chiefs, headmen, and braves of the 

following Indian nations, residing south of the Missouri 

River, east of the Rocky Mountains, and north of the 

lines of Texas and New Mexico, viz, the Sioux or 

Dahcotahs, Cheyennes, Arrapahoes, Crows. 

Assinaboines, Gros-Ventre Mandans, and Arrickaras, 

parties of the second part, on the seventeenth day of 

September, A. D. one thousand eight hundred and fiftyone.a 

ARTICLE 1. 

The aforesaid nations, parties to this treaty. having 

assembled for the purpose of establishing and 

confirming peaceful relations amongst themselves, do 

hereby covenant and agree to abstain in future from all 

hostilities whatever against each other, to maintain good 

faith and friendship in all their mutual intercourse, and 

to make an effective and lasting peace. 

ARTICLE 2. 

The aforesaid nations do hereby recognize the right of 

the United States Government to establish roads, 

military and other posts, within their respective 

territories. 

ARTICLE 3. 

In consideration of the rights and privileges 

acknowledged in the preceding article, the United States 

bind themselves to protect the aforesaid Indian nations 

against the commission of all depredations by the people 

of the said United States, after the ratification of this 

treaty. 

ARTICLE 4. 

The aforesaid Indian nations do hereby agree and bind 

themselves to make restitution or satisfaction for any 

wrongs committed, after the ratification of this treaty, by 

any band or individual of their people, on the people of 

the United States, whilst lawfully residing in or passing 

through their respective territories. 

ARTICLE 5. 

The aforesaid Indian nations do hereby recognize and 

acknowledge the following tracts of country, included 

within the metes and boundaries hereinafter designated, 

as their respective territories, viz: 

The territory of the Sioux or Dahcotah Nation, 

commencing the mouth of the White Earth River, on the 

Missouri River: thence in a southwesterly direction to 

the forks of the Platte River: thence up the north fork of 

the Platte River to a point known as the Red Bute, or 

where the road leaves the river; thence along the range 

of mountains known as the Black Hills, to the headwaters of Heart River; thence down Heart River to its 

mouth; and thence down the Missouri River to the place 

of beginning. 

The territory of the Gros Ventre, Mandans, and 

Arrickaras Nations, commencing at the mouth of Heart 

River; thence up the Missouri River to the mouth of the 

Yellowstone River; thence up the Yellowstone River to 

the mouth of Powder River in a southeasterly direction, 

to the head-waters of the Little Missouri River; thence 

along the Black Hills to the head of Heart River, and 

thence down Heart River to the place of beginning. 

The territory of the Assinaboin Nation, commencing at 

the mouth of Yellowstone River; thence up the Missouri 

River to the mouth of the Muscle-shell River; thence 

from the mouth of the Muscle-shell River in a 

southeasterly direction until it strikes the head-waters of 

a

This treaty as signed was ratified by the Senate with 

an amendment changing the annuity in Article 7 

from fifty to ten years, subject to acceptance by the 

tribes. Assent of all tribes except the Crows was 

procured (see Upper Platte C., 570, 1853, Indian 

Office) and in subsequent agreements this treaty has 

been recognized as in force (see post p. 776). 

Big Dry Creek; thence down that creek to where it 

empties into the Yellowstone River, nearly opposite the 

mouth of Powder River, and thence down the 

Yellowstone River to the place of beginning. 

The territory of the Blackfoot Nation, commencing at 

the mouth of Muscle-shell River; thence up the Missouri 

River to its source; thence along the main range of the 

Rocky Mountains, in a southerly direction, to the headwaters of the northern source of the Yellowstone River; 

thence down the Yellowstone River to the mouth of 

Twenty-five Yard Creek; thence across to the headwaters of the Muscle-shell River, and thence down the 

Muscle-shell River to the place of beginning. 

The territory of the Crow Nation, commencing at the 

mouth of Powder River on the Yellowstone; thence up 

Powder River to its source; thence along the main range 

of the Black Hills and Wind River Mountains to the 

860 Butte Draft RMP/EIS 
Cultural Resources 

head-waters of the Yellowstone River; thence down the 

Yellowstone River to the mouth of Twenty-five Yard 

Creek; thence to the head waters of the Muscle-shell 

River; thence down the Muscle-shell River to its mouth; 

thence to the head-waters of Big Dry Creek, and thence 

to its mouth. 

The territory of the Cheyennes and Arrapahoes, 

commencing at the Red Bute, or the place where the 

road leaves the north fork of the Platte River; thence up 

the north fork of the Platte River to its source; thence 

along the main range of the Rocky Mountains to the 

head-waters of the Arkansas River; thence down the 

Arkansas River to the crossing of the Santa Fé road; 

thence in a northwesterly direction to the forks of the 

Platte River, and thence up the Platte River to the place 

of beginning. 

It is, however, understood that, in making this 

recognition and acknowledgement, the aforesaid Indian 

nations do not hereby abandon or prejudice any rights or 

claims they may have to other lands; and further, that 

they do not surrender the privilege of hunting, fishing, or 

passing over any of the tracts of country heretofore 

described. 

ARTICLE 6. 

The parties to the second part of this treaty having 

selected principals or head-chiefs for their respective 

nations, through whom all national business will 

hereafter be conducted, do hereby bind themselves to 

sustain said chiefs and their successors during good 

behavior. 

ARTICLE 7. 

In consideration of the treaty stipulations, and for the 

damages which have or may occur by reason thereof to 

the Indian nations, parties hereto, and for their 

maintenance and the improvement of their moral and 

social customs, the United States bind themselves to 

deliver to the said Indian nations the sum of fifty 

thousand dollars per annum for the term of ten years, 

with the right to continue the same at the discretion of 

the President of the United States for a period not 

exceeding five years thereafter, in provisions, 

merchandise, domestic animals, and agricultural 

implements, in such proportions as may be deemed best 

adapted to their condition by the President of the United 

States, to be distributed in proportion to the population 

of the aforesaid Indian nations. 

ARTICLE 8. 

It is understood and agreed that should any of the Indian 

nations, parties to this treaty, violate any of the 

provisions thereof, the United States may withhold the 

whole or aportion of the annuities mentioned in the 

preceding article from the nation so offending, until, in 

the opinion of the President of the United States, proper 

satisfaction shall have been made. 

In testimony whereof the said D. D. Mitchell and 

Thomas Fitzpatrick commissioners as aforesaid, and the 

chiefs, headmen, and braves, parties hereto, have set 

their hands and affixed their marks, on the day and at the 

place first above written. 

D. D. Mitchell 

Thomas Fitzpatrick 

Commissioners. 

Sioux: 

Mah-toe-wha-you-whey, his x mark. 

Mah-kah-toe-zah-zah, his x mark. 

Bel-o-ton-kah-tan-ga, his x mark. 

Nah-ka-pah-gi-gi, his x mark. 

Mak-toe-sah-bi-chis, his x mark. 

Meh-wha-tah-ni-hans-kah, his x mark. 

Cheyennes: 

Wah-ha-nis-satta, his x mark. 

Voist-ti-toe-vetz, his x mark. 

Nahk-ko-me-ien, his x mark. 

Koh-kah-y-wh-cum-est, his x mark. 

Arrapahoes: 

Bè-ah-té-a-qui-sah, his x mark. 

Neb-ni-bah-seh-it, his x mark. 

Beh-kah-jay-beth-sah-es, his x mark. 

Crows: 

Arra-tu-ri-sash, his x mark. 

Doh-chepit-seh-chi-es, his x mark. 

Assinaboines: 

Mah-toe-wit-ko, his x mark. 

Toe-tah-ki-eh-nan, his x mark. 

Mandans and Gros Ventres: 

Nochk-pit-shi-toe-pish, his x mark. 

She-oh-mant-ho, his x mark. 

Arickarees: 

Koun-hei-ti-shan, his x mark. 

Bi-atch-tah-wetch, his x mark. 

Butte Draft RMP/EIS 861 
Appendix J 

In the presence of— 

A. B. Chambers, secretary. 

S. Cooper, colonel, U. S. Army. 

R. H. Chilton, captain, First Drags. 

Thomas Duncan, captain, Mounted Riflemen. 

Thos. G. Rhett, brevet captain R. M. R. 

W. L. Elliott, first lieutenant R. M. R. 

C. Campbell, interpreter for Sioux. 

John S. Smith, interpreter for Cheyennes. 

Robert Meldrum, interpreter for the Crows. 

H. Culbertson, interpreter for Assiniboines and Gros 

Ventres. 

Francois L'Etalie, interpreter for Arick arees. 

John Pizelle, interpreter for the Arrapahoes. 

B. Gratz Brown. 

Robert Campbell. 

Edmond F. Chouteau. 

862 Butte Draft RMP/EIS 
Cultural Resources 

TREATY WITH THE SHOSHONI—NORTHWESTERN BANDS, 1863. 

COMPILED AND EDITED BY CHARLES J. KAPPLER. WASHINGTON : GOVERNMENT 

PRINTING OFFICE, 1904 

July 30, 1863. | 13 Stats., 663. | Ratified Mar. 7, 1864 | Proclaimed Jan. 17, 1865. 

Articles of agreement made at Box Elder, in Utah 

Territory, this thirtieth day of July, A. D. one thousand 

eight hundred and sixty-three, by and between the 

United States of America, represented by BrigadierGeneral P. Edward Connor, commanding the military 

district of Utah, and James Duane Doty, commissioner, 

and the northwestern bands of the Shoshonee Indians, 

represented by their chiefs and warriors: 

ARTICLE 1. 

It is agreed that friendly and amicable relations shall be 

re-established between the bands of the Shoshonee 

Nation, parties hereto, and the United States, and it is 

declared that a firm and perpetual peace shall be 

henceforth maintained between the said bands and the 

United States. 

ARTICLE 2. 

The treaty concluded at Fort Bridger on the 2nd day of 

July, 1863; between the United States and the Shoshonee 

Nation, being read and fully interpreted and explained to 

the said chiefs and warriors, they do hereby give their 

full and free assent to all of the provisions of said treaty, 

and the same are hereby adopted as a part of this 

agreement, and the same shall be binding upon the 

parties hereto. 

ARTICLE 3. 

In consideration of the stipulations in the preceding 

articles, the United States agree to increase the annuity 

to the Shoshonee Nation five thousand dollars, to be 

paid in the manner provided in said treaty. And the said 

northwestern bands hereby acknowledge to have 

received of the United States, at the signing of these 

articles, provisions and goods to the amount of two 

thousand dollars, to relieve their immediate necessities, 

the said bands having been reduced by the war to a state 

of utter destitution. 

ARTICLE 4. 

The country claimed by Pokatello, for himself and his 

people, is bounded on the west by Raft River and on the 

east by the Porteneuf Mountains. 

ARTICLE 5. 

Nothing herein contained shall be construed or taken to 

admit any other or greater title or interest in the lands 

embraced within the territories described in said treaty in 

said tribes or bands of Indians than existed in them upon 

the acquisition of said territories from Mexico by the 

laws thereof. 

Done at Box Elder, this thirtieth day of July, A. D. 1863. 

James Duane Doty, 

Governor and acting superintendent of Indian 

affairs in Utah Territory. 

P. Edw. Connor, 

Brigadier-General U. S. Volunteers, commanding 

District of Utah. 

Pokatello, his x mark, chief. 

Toomontso, his x mark, chief. 

Sanpitz, his x mark, chief. 

Tosowitz, his x mark, chief. 

Yahnoway, his x mark, chief. 

Weerahsoop, his x mark, chief. 

Pahragoosahd, his x mark, chief. 

Tahkwetoonah, his x mark, chief. 

Omashee, (John Pokatelloaposs brother,) his x mark, 

chief. 

Witnesses: 

Robt. Pollock, colonel Third Infantry, C. V. 

M. G. Lewis, captain Third Infantry, C. V. 

S. E. Jocelyn, first lieutenant Third Infantry, C. V. 

Jos. A. Gebone, Indian interpreter.
 

John Barnard, jr., his x mark, special interpreter. 

Willis H. Boothe, special interpreter. 

Horace Wheat. 

Butte Draft RMP/EIS 863 
Appendix J 

PALEONTOLOGICAL RESOURCE MANAGEMENT
 

.01 Purpose 

This Manual Section provides uniform policy and 

direction for the Bureau of Land Management's 

Paleontological Resource Management Program. This 

Manual Section is supplemented by Paleontological 

Resources Handbook 8270-1. The Handbook contains 

detailed procedures and standards for implementing this 

Manual Section. 

.02 Objectives 

The overall objective of BLM's Paleontological 

Resource Management Program is to provide a 

consistent and comprehensive approach in all aspects 

relating to the management of paleontological resources 

including identification, evaluation, protection and use. 

The specific objectives of this program are to: 

A. Locate, evaluate, manage and protect, where 

appropriate, paleontological resources on the public 

lands. 

B. Facilitate the appropriate scientific, educational, and 

recreational uses of paleontological resources, such as 

research and interpretation. 

C. Ensure that proposed land uses, initiated or 

authorized by BLM, do not inadvertently damage or 

destroy important paleontological resources on public 

lands. 

D. Foster public awareness and appreciation of our 

Nation's rich paleontological heritage. 

.03 Authority 

BLM manages paleontological resources principally 

under the following authorities: 

A. Federal Land Policy and Management Act of 1976 

(P.L. 94-579) requires that the public lands be managed 

in a manner that protects the ". . . quality of scientific . . 

." and other values. The Act also requires the public 

lands to be inventoried and provides that permits may be 

required for the use, occupancy and development of the 

public lands. 

B. National Environmental Policy Act of 1969 (P.L. 91­

190) requires that ". . important historic, cultural and 

natural aspects of our national heritage . . ." be protected, 

and that ". . . a systematic, interdisciplinary approach 

which will insure the integrated use of the natural and 

social sciences . . . in planning and decision making. .. ." 

be followed. 

C. Title 43 C FR, Subpart 8365 addresses the collection 

of invertebrate fossils and, by administrative extension, 

fossil plants. 

D. Title 43 CFR, Subpart 3622 addresses the free use 

collection of petrified wood as a mineral material for 

non-commercial purposes. 

E. Title 43 CFR Subpart 3621 addresses collection of 

petrified wood for specimens exceeding 250 pounds in 

weight. 

F. Title 43 CFR, Subpart 3610 addresses the sale of 

petrified wood as a mineral material for commercial 

purposes. 

G. Title 43 CFR, Subparts 3802 and 3809 address 

protection of paleontological resources from operations 

authorized under the mining laws. 

H. Title 43 CFR, Subpart 8200 addresses procedures and 

practices for the management of lands that have 

outstanding natural history values, such as fossils, which 

are of scientific interest. 

I. Title 43 CFR, Subpart 1610.7-2 addresses the 

establishment of Areas of Critical Environmental 

Concern for the management and protection of 

significant natural resources, such as paleontological 

localities. 

J Title 43 CFR Subpart 8364 addresses the use of 

closure or restriction of public lands to protect resources. 

Such closures or restrictions may be used to protect 

important fossil localities. 

K. Title 43 CFR Subpart 8365.1-5 addresses the willful 

disturbance, removal and destruction of scientific 

resources or natural objects and 8360.0-7 identifies the 

penalties for such violations. 

L. Title 36 CFR, Subpart 62 addresses procedures to 

identify, designate and recognize National Natural 

Landmarks, which include fossil areas. 

M. 18 USC Section 641 addresses the unauthorized 

collection of fossils as a type of Government property. 

N. Secretarial Order 3104 grants to BLM the authority to 

issue paleontological resource use permits for lands 

under its jurisdiction. 

O. Onshore Oil and Gas Order No. 1 and 43 CFR Title 

3162 provide for the protection of natural resources and 

other environmental concerns and can be used to protect 

paleontological resources where appropriate. 

P. Offer to Lease and Lease for Oil and Gas Form 3100­

11 provides for inventories and other short term studies 

to protect objects of scientific interest, such as 

significant fossil occurrences, and requires that 

operations conducted under oil and gas leases minimize 

adverse impacts to natural and cultural resources. 

Q. Federal Cave Resources Protection Act of 1988 (P.L. 

100-691) and Title 43 CFR Subpart 37 address 

864 Butte Draft RMP/EIS 
Cultural Resources 

protection of significant caves and cave resources, 

including paleontological resources. 

.04 Responsibility 

A. The Director, through the Assistant Director, 

Renewable Resources and Planning, and the Group 

Manager, Cultural Heritage, Wilderness, Special Areas 

and Paleontology is responsible for overall direction, 

leadership and coordination of BLM's paleontology 

program. This is accomplished through the development 

of program policies, strategies, procedures and 

directives, and in coordination with other Headquarters 

Groups as appropriate. This responsibility also includes 

coordination with other Federal agencies and 

Departments at the National Headquarters level. 

B. State Directors, within their respective geographical 

jurisdictions, are responsible for the implementation of 

Bureau policies respecting paleontological resources, 

and for monitoring and evaluating the effectiveness of 

the paleontology program within their State. 

C. Field Office Managers are responsible for the local 

management and oversight of paleontological resources 

within their geographical jurisdictions by ensuring that 

Bureau policies are implemented and coordinated, and 

that established program technical standards are met. 

D. Regional Paleontologists provide professional 

expertise in paleontology. They serve as program 

coordinators for all States in their respective regions, and 

as the program interface between field offices and the 

Washington Office. In some cases, the Regional 

Paleontologist also serves as the State Office 

Paleontologist. 

E. Paleontology Program Contacts are responsible for 

working and coordinating with BLM Regional 

Paleontologists to assure implementation of 

paleontology program policies, identification and 

resolution of program needs, and to carry out other dayto-day activities associated with the management of 

paleontological resources. BLM State Offices and Field 

Offices shall identify such a paleontology program 

contact from their staff. While the Cultural Heritage 

Program is responsible for the providing base funding 

for paleontology, such office contacts may be selected 

from any disciplinary background, but should be chosen 

for their technical background in a related discipline, e.g. 

geology, biology, botany, archaeology, paleontological 

training, availability and their personal interest in 

supporting the goals of the paleontology program. 

F. Other BLM staff are responsible within their normal 

duties for helping to ensure that the Bureau's goals for 

the management and protection of paleontological 

resources are met. 

.05 References 

A. Departmental Manual 411 DM 1-3, Policies and 

Standards for Managing Museum Collections, 1997. 

B. Departmental Manual 516 DM, National 

Environmental Policy Act of 1969. 

C. 44 L.D. 325, August 6, 1915, affirmed that fossils are 

not minerals within the meaning of the mining laws of 

the United States and are not locatable under such laws. 

.06 Policy 

A. The paleontological resources found on the public 

lands are recognized by the BLM as constituting a 

fragile and nonrenewable scientific record of the history 

of life on earth, and so represent an important and 

critical component of America's natural heritage. BLM 

will exercise stewardship of these resources as a part of 

its public land management responsibility. In meeting 

this responsibility, it shall be BLM's policy to: 

1. Actively work with other Federal, State and Local 

Government Agencies, professional organizations, 

private landowners, educational institutions and other 

interested parties to enhance and further the Bureau's 

and the American public's needs and objectives for 

paleontological resources. 

2. Consider paleontological resource management a 

distinct BLM program, to be given full and equal 

consideration in all its land use planning and decision 

making actions. 

3. Maintain a staff of professional paleontologists to 

provide BLM decision makers with the most current and 

scientifically sound paleontological resource data and 

advice. 

4. Mitigate adverse impacts to paleontological resources 

as necessary. 

5. Facilitate appropriate public and scientific use of and 

interest in paleontological resources. 

6. Utilize the additional skills and resources of the 

Bureau's recreation and minerals programs to develop 

and implement interpretation strategies and products to 

enhance public understanding, appreciation and 

enjoyment of paleontological resources. 

7. Vigorously pursue the protection of paleontological 

resources from theft, destruction and other illegal or 

unauthorized uses. 

8. Authorize land tenure adjustments, when appropriate, 

as means to protect paleontological localities. 

.07 File and Records Maintenance 

A. Paleontological locality information is non-public 

information listed under Category 3 of the Bureau's 

Record Access Category Listing and may be withheld if 

the following Freedom of Information Act (FOIA) 

exemptions apply. 

1. Exemption 2 covers records related solely to the 

internal practices of an agency which are of a more 

substantial internal matter, the disclosure of which 

would risk circumvention of a legal requirement. 

Butte Draft RMP/EIS 865 
Appendix J 

2. Exemption 3 provides for the withholding of 

information prohibited from disclosure by another 

statute. Paleontological resources located within 

significant caves, for example, are thus protected by the 

confidentially requirements of the Federal Cave 

Resources Protection Act. 

3. Exemption 4 protects trade secrets and other 

privileged or confidential information. The release of 

paleontological locality information for areas where 

consultants or others, such as educational institutions, 

are permitted, for example, could severely jeopardize 

their work. 

B. Locality data and reports associated with permits, 

mitigation work or other paleontology projects shall be 

maintained as permanent records. 

.08 Relationships to other Bureau Programs 

A. Resource Protection/Mitigation. All BLM programs 

that may have an adverse impact on paleontological 

resources through their actions or authorizations are 

responsible as benefiting activities for funding any 

necessary resource inventories, evaluations or other 

work needed to avoid or mitigate adverse impacts on 

paleontological resources. 

B. Cultural Resources. In rare instances, paleontological 

resources may be found in association with cultural 

resources. Such occurrences fall under the provisions of 

the Archeological Resources Protection Act. In the event 

of such an occurrence, the authorized BLM Manager, in 

consultation with the State Office or Regional 

Paleontologist and the Cultural Resource Specialist will 

evaluate the discovery and determine an appropriate 

course of action that will safeguard both the 

paleontological and archaeological materials. The 

Cultural Resource Program also provides the 

Paleontological Resource Management Program with its 

linkage to the Bureau's budget system. Therefore, these 

program personnel are responsible for identifying and 

addressing funding needs for paleontology in the BLM's 

annual budget process. 

C. Recreation. Paleontological resources have high 

public education and recreation values. Such values can 

be enhanced by publishing guides to selected collecting 

areas and developing interpretive trails. Working 

collaboratively, BLM Paleontologists and Recreation 

Specialists can develop responsible and outstanding 

recreational and educational opportunities involving 

paleontological resources that will enhance public 

understanding of fossils and the science of paleontology, 

and showcase BLM's stewardship role. 

D. Minerals Management. Minerals management can 

have both positive and negative effects on 

paleontological resources. Mineral development, and 

related activities such as road building, can expose new 

fossil localities to scientific research or recreained in 43 

CFR 3809 and 43 CFR 3162.5, as implemented and 

supplemented by Onshore Oil and Gas Order No. 1, 

provide means, where necessary, to protect 

paleontological resources which may be adversely 

impacted by mineral development. BLM geologists can 

also provide valuable assistance in helping identify fossil 

localities, and develop interpretive and educational 

material related to paleontology. Fossils are not 

locatable under the mining laws. 

E. Land Use Planning and Environmental Review. The 

management of paleontological resources shall be 

guided by and be in accordance with approved BLM 

land use plans. 

1. Paleontological resources constitute a fragile and nonrenewable scientific record of the history of life on earth. 

Once damaged, destroyed, or improperly collected, their 

scientific and educational value may be greatly reduced 

or lost forever. In addition to their scientific, 

educational and recreational values, paleontological 

resources can be used to inform land managers about 

interrelationships between the biological and geological 

components of ecosystems over long periods of time. It 

is the policy of BLM, therefore, to manage 

paleontological resources for these values, and to 

mitigate adverse impacts to them. To accomplish this 

goal, paleontological resources must be professionally 

identified and evaluated. Their values should be 

adequately addressed and integrated fully into the 

Bureau's planning system and environmental analysis 

documents. Generally, considerable time, money and 

effort may be saved by considering paleontological data 

as early as possible in the decision making process. 

2. Paleontological Data Collection and Analysis for 

Planning. Locating, evaluating and classifying 

paleontological resources, and developing management 

strategies for them , must be based on the best scientific 

information available. Paleontological expertise is 

necessary to help managers and decision makers resolve 

issues involving paleontological resources. Because 

paleontological expertise is scarce within BLM, State 

Office or Regional Paleontologists are available and 

should be called upon to provide direct assistance or to 

identify other appropriate sources of assistance. 

(Detailed procedures and standards for planning for 

paleontological resources are contained in Handbook 

8270-1 Chapter II.) 

3. Mitigation. Adverse impacts to paleontological 

resources shall be mitigated as necessary. Any field 

surveys and/or inventories intended to protect 

paleontological resources will be targeted to specific 

areas or be issue driven as needed. Unless other 

arrangements have been made by the local manager, 

project proponents shall bear all costs associated with 

this activity. In keeping with the historical policies 

adopted by the Department of the Interior and the BLM, 

these mitigation requirements apply primarily to 

vertebrate fossils. However, where noteworthy 

occurrences of invertebrate or plant fossils are known or 

866 Butte Draft RMP/EIS 
Cultural Resources 

expected, the same planning and mitigation policies and 

procedures shall be followed. (See 8270-1 Handbook 

Chapter III for mitigation standards and procedures.) 

.09 Paleontological Resource Use 

The desired outcome of managing paleontological 

resources is to ensure their availability for scientific, 

educational and recreational uses. Such uses include 

collection, site interpretation, study and exhibition. 

Collection may or may not require a permit (See B. 

below). In cases where permits are required, the 

permitting process fulfills several important functions. 

Permits provide for the proactive management of 

paleontological resources by alerting managers to the 

presence of noteworthy occurrences of paleontological 

resources, their condition and vulnerability. When 

needed, permits facilitate research by qualified 

paleontologists and serve as a bridge for communication 

between land managers and researchers. The permitting 

process provides appropriate protection to other 

resources that may be impacted by permitted collecting 

activities, and provides a consistent administrative 

structure for BLM's management effort. An efficient and 

uniform permitting process is also essential to and 

consistent with BLM's customer-oriented focus. 

A. A Paleontological Resource Use Permit is a land use 

authorization issued to a qualified applicant for the 

purpose of carrying out various paleontological 

activities, such as identification, survey, collection or 

excavation, on lands managed by BLM. Such permits 

are nonexclusive, noncompetitive, minimum impact 

permits, and are not subject to Notice of Realty Action, 

filing fees or cost reimbursement. State Offices are 

responsible for processing and issuing such permits in 

consultation with the appropriate Field Office and 

Regional Paleontologist. 

B. Determining the need for a Paleontological Resource 

Use Permit 

1. Invertebrate Fossils, Plant Fossils and Petrified Wood. 

In accordance with existing regulations, the public lands, 

except where otherwise posted or prohibited, are open 

for the collection of invertebrates, plant fossils and 

petrified wood. (See Section .03, Authority) Permits are 

not normally required for such collection. (See 8270-1 

Handbook for collecting standards.) However, in some 

situations, localities containing noteworthy occurrences 

of such fossils may be closed to collection except under 

permit. Such closures shall be established through the 

land use planning process, and shall be carried out in 

consultation with the BLM Regional Paleontologist. 

2. Vertebrate Fossils. Unregulated collection of 

vertebrate fossils is not allowed in 43 CFR 8365.1-5. 

Therefore, permits are required for the collection of 

vertebrate fossils, including their trace fossils, such as 

trackways and coprolites. Refer to 8270-1 Handbook for 

permit procedures. 

C. BLM issues two types of Paleontological Resource 

Use Permits. 

1. Survey and Limited Surface Collection Permits are 

issued to expedite broad ranging survey/reconnaissance 

work in order to identify vertebrate fossil localities for 

scientific research, inventory or planning purposes, or in 

advance of projects which may threaten such localities. 

Collection of material for carrying out locality (site) 

investigations and evaluation/characterization studies, 

and where the use of such small sites as temporary field 

work stations will be restored to their natural condition 

within the same work season, is allowed, providing that 

such activities can ordinarily be expected to result in 

only negligible surface disturbance, i.e., less than 1 

square meter, and can be done with hand tools. Such 

non-destructive paleontological data collection, 

inventory, research or monitoring activities are generally 

deemed to meet the provisions of Chapters 2 and 6, 

Appendices 1 and 5 respectively, of Departmental MS 

516, Categorical Exclusions. 

2. Excavation Permits are issued for the collection of 

vertebrate fossils where surface disturbance exceeds the 

limits permissible for the survey and limited surface 

collection work stated in C.1 above. 

D. Permit Administration. Permittee qualifications and 

other matters relating to the administration of 

Paleontological Resource Use Permits may be found in 

the 8270-1 Handbook Chapter IV. 

E. Commercial Collection. BLM does not authorize the 

commercial use of fossils collected on public lands. 

Petrified Wood may be purchased as a mineral material 

under procedures described in 43 CFR Subpart 3610. 

F. Paleontological Resources in Special Areas. 

1. Wilderness and Wilderness Study Areas. 

Paleontological resources may be found in designated 

Wilderness or Wilderness Study Areas. Scientific 

research involving collection and removal of 

paleontological resources is not considered incompatible 

with the concept of wilderness preservation as provided 

for in Section 4(b) of the 1964 W ilderness Act. 

Additionally, paleontological resources are considered to 

be supplemental values, as provided for in Section 2(c) 

of the Act. The following provisions are recommended 

for addressing the management of paleontological 

resources in such areas: 

a. The BLM will permit on a case-by-case basis the 

survey and limited surface collection of fossils by 

qualified paleontologists, where such resources have 

important scientific value. Such activities must be 

carried out in a manner that would not degrade the 

wilderness character. 

b. The use of motorized transportation or mechanized 

equipment in a wilderness area is prohibited except 

when approved as the minimum tool necessary to 

Butte Draft RMP/EIS 867 
Appendix J 

accomplish the work. Such use must be approved by the 

State Director. 

c. Salvage, excavation and collection of fossils may be 

done only on a case-by-case basis where the project will 

not degrade the overall wilderness character of the area 

and where such activity is needed to preserve 

paleontological resources. 

2. Other Special Management Areas. A variety of 

Special Area designations may be available to enhance 

the management and/or protection of paleontological 

resources. Such designations include Research Natural 

Areas, National Natural Landmarks and Areas of 

Critical Environmental Concern. Such areas are 

established through the land use planning process and 

shall be done in consultation with the BLM Regional 

Paleontologists. 

G. Collection Management. Fossils collected under a 

Paleontological Resources Use Permit remain the 

property of the Federal Government and shall be curated 

in an approved repository in conformance with the 

provisions of Departmental Manual 411. BLM 

managers shall select repositories which can 

appropriately maintain such collections from public 

lands and their associated records, and make this 

information available to BLM upon request. 

Repositories should be encouraged, if they have not 

already done so, to establish and maintain electronic 

databases of specimen, locality and other associated 

data. 

H. Split Estate Lands. Split estate lands are those lands 

where title to the surface and mineral estate have been 

severed. Title to the different estates are often held by 

different parties. In many instances where the surface 

estate is not owned by the Federal Government, the 

mineral estate is, and is administered by the BLM. 

Paleontological resources are considered to be part of 

the surface estate. If BLM is going to approve an action 

involving the mineral estate that may affect the 

paleontological resources, the action should be 

conditioned with appropriate paleontological mitigation 

recommendations to protect the interests of the surface 

owner. In most States the owner may elect to waive 

these recommendations. Such a waiver shall be 

documented in the case file. 

868 Butte Draft RMP/EIS