Final EIS Appendix 1 

APPENDIX 1—CULTURAL RESOURCES 

MANAGEMENT 

PROGRAM OBJECTIVES

The Bureau of Land Management (BLM) has developed a cultural resources program designed to 

inventory, evaluate, and manage cultural resources on BLM-administered public land and in areas of 

BLM responsibility. BLM management of cultural resources (archeological, historic, and Native 

American properties) is in accordance with the provisions of the National Historic Preservation Act 

(NHPA) of 1966, as amended, and other applicable legislation. 

INVENTORIES

BLM conducts cultural resource inventories for any actions involving public lands and/or federal mineral 

estate that include surface disturbance as part of the action. Three classes of inventory have been 

established (Classes I, II, and III); Class III is the most intensive. 

Class I inventories are completed with the use of existing data from cultural resource inventory files 

maintained by both BLM and the Wyoming State Historic Preservation Office (SHPO). Class I 

inventories identify known properties and are used to determine whether a more intensive inventory of 

specific areas is appropriate. This determination is made in consultation with the Wyoming SHPO and/or 

in accordance with the Wyoming Protocol implementing the National Cultural Resources Programmatic 

Agreement and often results in completion of Class III inventories, if existing data indicate that an 

adequate prior inventory has not been performed or if cultural properties lie within the area of potential 

effects (APE) of a proposal area. 

Class II inventories employ field methodologies similar to those used to complete Class III inventories. 

However, in the sampling strategies used in Class II inventories, only a percentage of the given land area 

is inventoried at a Class III level of intensity, and the results are projected over the entire land area. Class 

II inventories can be used to develop predictive models of the distribution of cultural resources within a 

given land area. They are sometimes completed early in the planning stages of large projects that involve 

public lands and/or federal minerals. 

A Class III inventory is an intensive inventory of a given land area that results in the identification of all 

cultural resources within that area. Qualified personnel complete Class III inventories by walking in 

parallel sweeps across land areas, with a maximum spacing of 30 meters between sweeps. Class III 

inventories are generally required before surface-disturbing actions are authorized on public lands and on 

private or state lands if there is federal involvement in the action. This ensures that BLM undertakings do 

not result in inadvertent damage to identified cultural resources regardless of land ownership and provides 

for the preservation of significant cultural resource values. 

EVALUATION

BLM evaluates the significance of cultural resources identified during an inventory in consultation with 

the Wyoming SHPO to determine whether the resources are eligible for inclusion on the National 

Register of Historic Places (NRHP). 

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To facilitate evaluation of cultural resource values in Wyoming, BLM has devised guidelines for 

determining the eligibility of archeological and historical sites and historic trails for listing on the NRHP 

(BLM Manual 8110.32). The guidelines supplement the National Register criteria for evaluation (36 Code 

of Federal Regulations [CFR] §60.4) and provide consistency across the state. Application of the 

guidelines ensures that significant cultural resources are recognized and managed appropriately. Cultural 

resource properties may be considered eligible for listing on the National Register if they meet one or 

more of the following criteria: 

• Criterion A: An historic property is associated with an event or events that have made a 

significant contribution to the broad patterns of America’s history. 

• Criterion B: An historic property is associated with the lives of persons significant to America’s 

past. 

• Criterion C: An historic property embodies the distinctive characteristics of a type, period, or 

method of construction, or represents the work of a master, or possesses high artistic value, or 

represents a significant and distinguishable entity whose components may lack individual 

distinction. 

• Criterion D: An historic property has yielded or may be likely to yield information important in 

prehistory or history. 

Those sites eligible under Criteria A, B, or C require case-by-case consultation, in which the Wyoming 

SHPO has 30 days to reply. According to a Programmatic Agreement between Wyoming BLM and the 

Wyoming SHPO, BLM has implied concurrence for determining eligibility of sites under Criterion D of 

the NHPA. 

Properties that encompass large areas can be deemed to have contributing and noncontributing portions. 

Contributing portions are seen to contain the values for which the property is considered eligible for the 

NRHP. Noncontributing portions are identified portions of the property that are deemed to not contain 

values that would render the property eligible for the NRHP. The determination of contributing versus 

noncontributing portions of an eligible property can be made at any time after adequate evaluation has 

been conducted. 

Historic trails, such as the Lander Trail, the Sublette Cut-off, and the New Fork Wagon Road, are 

considered eligible for the NRHP under Criteria A, B, or C. However, portions of the trails no longer 

retain the aspects of integrity necessary for eligibility. Portions of trails are evaluated on a case-by-case 

basis to determine whether they contribute to the eligibility of the property. Trail segments are evaluated 

pursuant to the National Register criteria (location, design, setting, materials, workmanship, feeling, and 

association). If a preponderance of the criteria are met, the segment will be considered to contribute to 

NRHP eligibility. 

After determination of eligibility, significant cultural resource properties may be further evaluated for 

assignment to one or more use categories. BLM has established the following six use categories: 

• Scientific Use. This category applies to any cultural property determined to be available for 

scientific or historical study using currently available research techniques, including methods that 

would result in the property’s physical alteration or destruction. Recommendations that individual 

properties be allocated to this use category must be based on documentation of the kinds of data 

the property is thought to contain and the data’s importance to pursuit of specified research goals. 

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• Conservation for Future Use. A cultural property included in this category is deemed worthy of 

segregation from all other land or resource uses, including cultural resource uses that threaten the 

maintenance of its present condition or setting. Properties allocated to this category will remain in 

the category until specified provisions, specific to the site and identified at the time of 

classification, are met. 

• Traditional Use. This category applies to any cultural resource known to be perceived by a 

specified social or cultural group as important to 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. 

• Public Use. This category may be applied to a 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. 

• 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) of the techniques of managing 

cultural properties, which would result in the property’s alteration, possibly including loss of 

integrity and destruction of physical elements. It should not be applied to cultural properties with 

strong research potential, traditional cultural importance, or good public use potential, if its 

application would significantly diminish opportunities for those uses. 

• Discharged From Management. This category is assigned to cultural properties that have no 

remaining identifiable use. Most often these are prehistoric and historic archeological properties, 

such as small surface scatters of artifacts or debris, whose limited research potential has been 

effectively exhausted as soon as they have been documented. Properties discharged from 

management remain in the inventory, but they are removed from further management attention 

and do not constrain other land uses. 

When a cultural resource property is assigned to one or more use categories, a decision is made 

concerning the management of that property. The criteria and guidelines for evaluation of cultural 

resources and assignment of significant cultural resource properties to specific use categories would 

remain unchanged under all of the alternatives addressed in planning. BLM does not actively employ this 

system of assigning cultural properties to use categories in Wyoming. 

MANAGEMENT

Management objectives for significant cultural resource values provide a link between cultural properties 

of significant importance or containing significant data and the achievement of the cultural resource 

program objectives. The basic management objectives for significant cultural resource values would 

remain unchanged under all of the alternatives addressed in planning. 

Specific management actions that could be taken to achieve these objectives at selected significant 

properties are described in the discussion of the alternatives. Management objectives for significant 

properties that have not yet been identified or for which inventory data were insufficient as of planning 

completion will remain unchanged, but management actions for these properties will be prescribed case 

by case and will be addressed in amendments to this plan when appropriate. 

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STANDARD PROTECTIVE MEASURES 

Description 

Within the framework described above, BLM has developed protective measures to minimize adverse 

effects on significant cultural resource values. 

Protective measures are used in response to the actions of BLM programs involving surface disturbance. 

These measures include cultural resource inventories, evaluation of cultural resources located during 

inventory, and mitigation of potential adverse impacts on significant cultural resources. Mitigation may 

include avoidance, data recovery (including excavation), or other protective measures. Avoidance is the 

primary and preferred mitigative measure used to protect cultural resources. Consultation with the 

Wyoming SHPO and the Advisory Council on Historic Preservation is required when surface-disturbing 

actions are expected to affect significant cultural resources. The Programmatic Agreement between the 

Wyoming BLM and the Wyoming SHPO is, among many other things, an agreement of implied 

concurrence to consultation for sites that are eligible for the NRHP under Criterion D and many No 

Adverse Effect determination projects. 

Although Class III inventories are completed before any surface disturbance can begin, the BLM’s 

opportunity to preserve significant cultural resource values in place can be precluded in areas if cultural 

properties are not identified before initiation of an action. In these cases, mitigative action such as data 

recovery would be implemented. However, it is possible that cultural resource properties that otherwise 

would have been nominated to the NRHP (including those known to be eligible) would be destroyed, 

albeit following the implementation of mitigative actions such as excavation. In addition, the protection of 

sensitive viewsheds is becoming increasingly important, especially for sites that are important from a 

modern day Native American perspective. 

Modification 

Under certain circumstances, the protective measures described are modified to take into account 

emergency situations and the surface management regulations for leasable and locatable minerals. 

Modification of protective measures requires the approval of the Authorized Officer, and any impacts on 

cultural resources must be mitigated. If impact mitigation is not possible, modifications would not be 

allowed. 

Wildland Fire Management 

The location of known Native American and other sensitive sites would be provided to the Incident 

Commander so that the sites would not be impacted by wildland fire suppression activities. 

Cultural resource inventories would not be required before firefighting activities began in most wildland 

fire situations. On a case-by-case basis, the field office archeologist could request the opportunity to 

inventory specific areas before they would be affected by firefighting activities. When prescribed fires are 

planned, cultural resource inventories will be performed before fire ignition, and fire plans will be 

amended to avoid cultural resources that could be damaged by fire. 

The cultural program may conduct post-fire inventory of areas where fire lines were bladed or other 

substantial surface disturbance took place, and mitigation efforts may be undertaken as needed. 

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Locatable Minerals 

For actions involving locatable minerals, standard protective measures are modified to take into account 

the regulations of 43 CFR §3809. These regulations outline BLM’s authority to control surface-disturbing 

activities associated with locatable minerals activity. According to 43 CFR §3809.11 and 3809.21, 

exploration over 5 acres, all activities in areas of critical environmental concern (ACEC) regardless of 

their acreage and all mining operations regardless of their acreage require Plans of Operation. This gives 

BLM greater latitude to complete inventories and mitigate impacts, although each of these efforts must be 

accomplished at BLM’s expense and within established time limits. Only exploration activities on 5 acres 

or less are allowed with just a notice. 

CULTURAL RESOURCE LAWS AND REGULATIONS

American Antiquities Act of 1906—Provides for permits to authorize scholarly use of properties, for 

misdemeanor-level penalties to control unauthorized use, and for presidential designation of outstanding 

properties as national monuments for long-term preservation. 

National Historic Preservation Act of 1966— 

• Section 106 directs all federal agencies to take into account the effects of their undertakings 

(actions and authorizations) on properties included on or eligible for the NRHP. 

• Section 110 provides for proactive inventory, nomination, protection, and preservation 

responsibilities for federally owned cultural properties. Section 110(c) requires each federal 

agency to designate a Preservation Officer to coordinate activities under the act. 

National Environmental Policy Act of 1969—Establishes national policy for the protection and 

enhancement of the environment, including “important historic, cultural, and natural aspects of our 

national heritage.” 

Executive Order 11593 (“Protection and Enhancement of the Cultural Environment,” 36 Federal 

Register 8921, May 13, 1971)—Directs federal agencies to inventory cultural properties under their 

jurisdiction, nominate to the NRHP all federally owned properties that meet the criteria for eligibility, use 

due caution until the inventory and nomination processes are completed, and ensure that federal plans and 

programs contribute to preservation and enhancement of nonfederally owned properties. 

Federal Land Policy and Management Act of 1979 (FLPMA)—Directs BLM to manage public lands 

on the basis of multiple use in a manner that will protect the quality of historical resources and 

archeological values. No distinction is made between properties on the basis of NRHP eligibility. FLPMA 

is the primary basis for managing cultural resources on the public lands. 

American Indian Religious Freedom Act of 1978—Establishes the policy of the United States to 

protect and preserve for the American Indians, Eskimos, Aleuts, and Native Hawaiians the inherent right 

of freedom to believe, express, and exercise their traditional religions. Federal agencies are directed to 

evaluate their policies and procedures to determine whether changes are needed to ensure that such rights 

and freedoms are not disrupted by agency practices. 

Archaeological Resources Protection Act of 1979—Provides felony-level penalties for unauthorized 

excavation, removal, damage, alteration, or defacement or attempted unauthorized removal, damage, 

alteration, or defacement, of any archeological resource more than 100 years of age found on public lands 

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or Native American lands. The act also prohibits the sale, purchase, exchange, transportation, receipt, or 

offering of any archeological resource obtained from public lands or Native American lands. 

Native American Graves Protection and Repatriation Act of 1990—Requires Native American 

consultation for the excavation and/or removal of “cultural items,” including human remains, funerary 

objects, sacred objects, and objects of cultural patrimony. Consultation is also required if NAGPRArelated or NAGPRA-controlled cultural items are discovered during land use activities. 

Executive Order 13007: Indian Sacred Sites—Establishes access to and ceremonial use of Native 

American sacred sites by Native American religious practitioners on federal lands. The federal agencies 

shall avoid adversely affecting the physical integrity of such sacred sites and maintain the confidentiality 

of said sites. 

Executive Order 13084: Consultation and Coordination With Indian Tribal Governments—

Establishes that all federal agencies are required to consult with Native American tribes when developing 

regulatory policies that might affect tribal communities. 

Programmatic Agreement Among BLM, the Advisory Council on Historic Preservation, and the 

National Conference of SHPOs Regarding the Manner in Which BLM Will Meet Its 

Responsibilities Under the National Historic Preservation Act 

State Protocol Agreement Between the Wyoming BLM State Director and Wyoming SHPO

Executive Order 13287: Preserve America 2004—States that it is the policy of the Federal Government 

to provide leadership in preserving America’s heritage by actively advancing the protection, 

enhancement, and contemporary use of the historic properties owned by the Federal Government, and by 

promoting intergovernmental cooperation and partnerships for the preservation and use of historic 

properties. 

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