Gateway West Transmission Line Final EIS

Appendix N

Draft Programmatic Agreement

[to be replaced by the signed Programmatic Agreement]
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

1 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 FINAL DRAFT

2

3 PROGRAMMATIC AGREEMENT

4 AMONG

5

6 THE BUREAU OF LAND MANAGEMENT,

7 THE USDA FOREST SERVICE,

8 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,

9 THE IDAHO STATE HISTORIC PRESERVATION OFFICER,

10 THE WYOMING STATE HISTORIC PRESERVATION OFFICER,

11 THE BUREAU OF RECLAMATION,

12 THE NATIONAL PARK SERVICE,

13 THE U.S. ARMY CORPS OF ENGINEERS,

14 IDAHO POWER, AND ROCKY MOUNTAIN POWER

15

16 REGARDING COMPLIANCE WITH 

17 THE NATIONAL HISTORIC PRESERVATION ACT FOR THE

18 GATEWAY WEST TRANSMISSION LINE PROJECT

19

20

21 WHEREAS, Idaho Power Company and Rocky Mountain Power (Proponents) have applied for and the 

22 following federal agencies are considering the issuance of federal right-of-way grants and associated 

23 permits for the Undertaking: the Bureau of Land Management (BLM), the United States Department of 

24 Agriculture Forest Service (USFS), the Bureau of Reclamation (BOR), the U.S. Army Corps of Engineers 

25 (Corps), and the National Park Service (NPS). These agencies (federal agencies) are Signatories to this 

26 Programmatic Agreement (PA); and

27

28 WHEREAS, the Undertaking is an approximately 1,000-mile-long transmission line stretching from near 

29 Glenrock, Wyoming, to 30 miles southwest of Boise, Idaho, across multiple federal, state, and local 

30 jurisdictions and across the ancestral lands of several Indian tribes (Appendix A – Map of Proposed 

31 Undertaking and Alternatives); and 

32

33 WHEREAS, the BLM has determined that issuance of the right-of-way grant triggers the requirements of 

34 Section 106 of the National Historic Preservation Act (Section 106) for the Undertaking as defined at 36 

35 CFR 800.16(y); and 

36

37 WHEREAS, for purposes of the Undertaking, the BLM Rawlins Field Office is lead for compliance with 

38 Section 106 on behalf of the federal agencies (36 CFR 800.2(a)(2)) and is the primary contact for all 

39 parties to this agreement and Indian tribes; and

40

41 WHEREAS, the BLM has determined that the Undertaking may have direct, indirect, and cumulative 

42 effects on properties included in, or eligible for inclusion in, the National Register of Historic Places 

43 (NRHP), hereafter called historic properties, and has consulted with the Idaho and Wyoming State 

44 Historic Preservation Officers (SHPOs) who are Signatories to this PA; and

45

46 WHEREAS, the effects of the Undertaking on historic properties are multi-state in scope and cannot be 

47 fully determined prior to approval of the Undertaking, and the BLM is using the regulations at 36 CFR 
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

2 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 800.14(b)(1)(i)-(ii) to create this PA, BLM consultation has determined that a phased process for 

2 compliance with Section 106 is appropriate for the Undertaking, as specifically permitted under 36 CFR

3 800.4(b)(2), such that completion of the identification and evaluation of historic properties, 

4 determinations of effect on historic properties, and consultation concerning measures to avoid, minimize, 

5 or mitigate any adverse effects will be carried out in phases, as set forth in this PA, as part of planning for 

6 and prior to any Notice to Proceed and Undertaking implementation; and

7

8 WHEREAS, the BLM has notified the Advisory Council on Historic Preservation (ACHP), pursuant to 

9 Section 106 and its implementing regulations (36 CFR 800.6(a)(1)), and the ACHP has elected to 

10 participate in consultations and is a Signatory to this PA; and

11

12 WHEREAS, the BLM recognizes its government-to-government obligation to consult with Indian tribes 

13 that may attach religious and cultural significance to historic properties that may be affected by the 

14 proposed Undertaking and will continue to consult with such affected tribes regarding their concerns 

15 under Section 106; in addition, the BLM will comply with the American Indian Religious Freedom Act, 

16 Native American Graves Protection and Repatriation Act (NAGPRA), and Executive Orders 13007 and 

17 13175; and

18

19 WHEREAS, the BLM continues to consult with the Shoshone-Paiute Tribes; the Shoshone-Bannock 

20 Tribes; the Ute Tribe of the Uintah & Ouray Reservation; the Eastern Shoshone; the Northern Arapaho;

21 the Northern Cheyenne; the Northwestern Band of Shoshone; and the Oglala Sioux and has invited all of 

22 these tribes to be Concurring Parties to this PA; and

23

24 WHEREAS, the USFS, Intermountain and Rocky Mountain Regions, manages National Forest System 

25 lands on the Medicine Bow and the Caribou-Targhee National Forests that would be crossed by the 

26 Undertaking. The USFS must therefore consider whether to issue a Special Use Permit for the 

27 construction and operation of the Undertaking and whether such issuance is consistent with the Medicine 

28 Bow National Forest and Caribou-Targhee National Forests Land and Resource Management Plans,

29 thereby making it an Undertaking subject to review under Section 106 of NHPA and 36 CFR Part 800; 

30 and

31

32 WHEREAS, the Corps has determined that authorization for the Undertaking to place structures in, under 

33 or over navigable waters of the United States, as defined under 33 CFR 329, pursuant to Section 10 of the 

34 Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and authorization for placement of dredge or fill

35 material in waters of the United States as part of the Undertaking, as defined under 33 CFR 328, pursuant 

36 to Section 404 of the Clean Water Act (33 U.S.C. § 1344), requires review under Section 106 and 36 CFR 

37 800; and

38

39 WHEREAS, the Corps reserves the right as needed, to consult on a government-to-government basis with 

40 Indian tribes regarding permitting actions related to Section 10 of the Rivers and Harbors Act of 1899 (33 

41 U.S.C. § 403), or Section 404 of the Clean Water Act (33 U.S.C. § 1344); and

42

43 WHEREAS, alternative routes may affect (a) the City of Rocks National Reserve, a unit of the NPS and a 

44 National Historic Landmark, and containing Cassia Silent City of Rocks, a National Natural Landmark; 

45 (b) Minidoka National Historic Site, a unit of the NPS and listed on the NRHP as a nationally significant 

46 historic property; (c) Hagerman Fossil Beds National Monument, a unit of the NPS, containing the 

47 Hagerman Horse Quarry, a National Natural Landmark, and a portion of the Oregon National Historic 

48 Trail; (d) Fossil Butte National Monument, a unit of the NPS, containing Haddenham Cabin, listed on the 

49 NRHP as a nationally significant historic property; and (e) intact segments of the Oregon and California 
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

3 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 National Historic Trails, which are administered by the NPS, which has elected to participate in 

2 consultations and is an Invited Signatory to this PA; and

3

4 WHEREAS, alternative routes may cross the Sawtooth National Forest, and if any of these alternatives is 

5 selected, the Sawtooth National Forest must consider whether to issue a Special Use Permit; and

6

7 WHEREAS, the BLM has consulted with and invited to be Concurring Parties to this PA the Oregon8 California Trails Association (OCTA), the Alliance for Historic Wyoming (AHW), and the National Trust 

9 for Historic Preservation (National Trust); and

10

11 WHEREAS, the Proponents, as potential grantees of the right-of-way, have participated in consultation 

12 per 36 CFR 800.2(c)(4), and agree to carry out the stipulations of this PA under the oversight of the BLM, 

13 and are Invited Signatories to this PA; and

14

15 WHEREAS, the BLM will require that the Undertaking be executed in accordance with the conditions of 

16 the right-of-way that may be granted by the federal land managing agencies, and in accordance with the 

17 stipulations of this PA, which shall be appended to and made a part of the Record of Decision authorizing 

18 the granting of the right-of-way; and

19

20 WHEREAS, unless defined otherwise in this Agreement, all terms are used in accordance with 36 CFR 

21 800.16; and

22

23 NOW, THEREFORE, the Signatories to this PA agree that the proposed Undertaking shall be 

24 implemented in accordance with the following stipulations in order to take into account the effect of the 

25 Undertaking on historic properties and to satisfy all Section 106 responsibilities of the federal agencies 

26 for all aspects of the Undertaking.

27

28

29

30
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

4 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 STIPULATIONS

2

3 The BLM shall ensure that the following measures are carried out:

4

5

6 I. Area of Potential Effects (APE)

7

8 A. Defining the APE

9

10 The BLM, in consultation with the SHPOs and other consulting parties, has defined and documented 

11 the APE based on direct, indirect, and cumulative effects. The APE will apply to federal, state, tribal, 

12 and private lands that may be affected by the transmission line corridor, staging areas, access roads, 

13 borrow areas, transmission substations, and other related transmission infrastructure for this 

14 Undertaking. The APE, as defined and documented, is a baseline for survey and inventory. The BLM 

15 may modify the APE in accordance with Stipulation I.B. of this PA. 

16

17 1. Direct Effects

18

19 The APE for direct effects is the area within which historic properties may sustain physical 

20 alteration or destruction as a result of the Undertaking. The following APEs take into account

21 ground-disturbing activities associated with the Undertaking:

22

23 a. For above ground transmission lines, the APE will be 500 feet (250 feet on either side of 

24 centerline for the right-of-way).

25

26 b. The APE for access roads, except for existing crowned and ditched or paved roads, will be 

27 100 feet on either side of the centerline for a total width of 200 feet. 

28

29 c. The APE for staging areas, borrow areas, substations, and other transmission infrastructure 

30 will include the footprint of the facility and a buffer of 200 feet around the footprint of the 

31 proposed activity.

32

33 d. The APE for pulling/tensioning sites that fall outside the right-of-way will be the footprint of 

34 the site plus a 250-foot radius around these points.

35

36 e. The APE for boreholes is a five-acre area centered on the borehole.

37

38 2. Indirect Effects

39

40 The APE for indirect effects on historic properties considers visual, audible, and atmospheric 

41 elements that could diminish the integrity of the properties for which setting, feeling, and/or 

42 association are qualifying characteristics of NRHP eligibility. The indirect APE for the 

43 Undertaking extends for five miles, or to the visual horizon, whichever is closer, on either side of 

44 the proposed routes and alternatives. The indirect APE may extend beyond the five-mile 

45 convention to encompass properties that have traditional religious and cultural importance, 

46 including traditional cultural properties (TCPs), or other geographically extensive historic 

47 properties such as trails, when effects have been determined to extend beyond this distance. The 

48 assessment of visual effects will incorporate a Geographic Information System (GIS) viewshed 
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

5 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 assessment as well as BLM Visual Resource Management (VRM) concepts as discussed in 

2 Stipulation II.C.2, and Indian Tribes traditional, cultural, and spiritual views of the landscape.

3

4 3. Cumulative Effects

5

6 For the purposes of this PA, the APE for cumulative effects is the same as that for direct and 

7 indirect effects. The APE for cumulative effects may be direct or indirect and result from 

8 incremental effects related to the Undertaking over time (e.g., increased access because of new 

9 roads, future transmission lines along the same corridor, new projects feeding into the 

10 Undertaking, etc.).

11

12 Amending the APE.

13

14 1. The APE, as currently defined, encompasses an area sufficient to accommodate all of the 

15 proposed and alternative Undertaking components under consideration as of the date of the 

16 execution of this Agreement. The APE may be modified where tribal consultation, additional 

17 field research or literature review, consultation with interested parties, or other factors indicate 

18 that the qualities and values of historic properties that lie outside the boundaries of the currently 

19 defined APE may be affected directly, indirectly, or cumulatively. 

20

21 2. If the BLM determines that currently unforeseen changes to the Undertaking may cause direct, 

22 indirect, or cumulative effects to historic properties beyond the extent of the established APE, 

23 then the BLM shall adjust the APE using the process set forth in Stipulation I.B.3. below.

24

25 3. Any Signatory, Invited Signatory, or Concurring Party to this PA may propose that the APE be 

26 modified. The BLM shall send all Signatories, Invited Signatories, and Concurring Parties to this 

27 agreement a description and a map of the modification and consult with them for no more than 30 

28 days in an effort to reach consensus on the proposal. Agreement to amend the APE will not 

29 require an amendment to the PA. If all the said signatories cannot agree to a proposal for the 

30 modification of the APE, then the BLM will consider their concerns and will render a final 

31 decision. 

32

33

34 II. Identification and Evaluation of Historic Properties

35

36 A. The BLM will ensure that all work undertaken to satisfy the terms of this PA meets the Secretary of 

37 the Interior’s Standards for Archeology and Historic Preservation (48 FR 44716) (Federal Register, 

38 September 29, 1983) and is consistent with the ACHP guidance on archaeology found at 

39 http://www.achp.gov/archguide/ and the Guidelines for Evaluating and Documenting Traditional 

40 Cultural Properties, National Register Bulletin 38, 1998, as incorporated by reference herein. The 

41 BLM has defined conventions or standards for survey corridors and survey intensity to adequately 

42 identify historic properties that may be directly affected by this Undertaking. All survey activity will 

43 meet BLM Manual 8110 guidance for a comprehensive survey (BLM Class III Survey) and be 

44 consistent with that of the SHPOs, including guidance and standards found in respective BLM and 

45 SHPO State Protocol Agreements. The BLM will also ensure that the work is carried out by or under 

46 the direct supervision of a person or persons meeting, at a minimum, the applicable professional 

47 qualifications standards set forth in the Secretary's Standards and the state BLM permitting 

48 requirements.

49
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

6 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 B. The Proponents will directly fund all required fieldwork, analysis, reporting, and curation, which will 

2 be conducted only after they have obtained the appropriate federal and state permits for such 

3 fieldwork. The BLM or other appropriate federal land managing agency shall approve Fieldwork 

4 Authorizations to conduct inventories on land they manage, respectively, within the timeframe 

5 stipulated within the managing agencies’ procedures upon receipt of a complete application from the 

6 Proponents.

7

8 C. The Proponents will conduct the cultural resources inventory and identification effort for this 

9 Undertaking in six phases. 

10

11 1. Phase 1 – Literature Review – A literature review has already been completed for a one mile12 wide corridor along all alternatives of the proposed Undertaking. The literature review resulted in 

13 a report for each state that has been reviewed and commented on by BLM and each state’s SHPO.

14 The Proponents conducted the literature review to inform all subsequent phases, and it will be 

15 used as a reference document to support all of the Class III surveys conducted for this 

16 Undertaking. The Proponents will conduct additional file searches as needed to address changes 

17 in the APE and to be current in advance of any Class III inventories.

18 2. Phase 2 – Alternatives Surveys – The Proponents conducted an initial Class II sampling survey 

19 (referred to in the Technical Reports as “Class III sampling surveys”) for the Undertaking that

20 consisted of an intensive pedestrian survey of 15 percent of the length of all alternatives. One21 mile-long by 500-feet-wide transect strips were surveyed along the proposed and alternative 

22 routes on federal lands only, for use in detailed analysis in the EIS. This also included a detailed 

23 preliminary assessment of effects on historic trails on all lands within the APE, including existing 

24 trail condition and a visual effects assessment.

25 The BLM required the Proponents to conduct a study of the National Historic Trails in order to 

26 determine indirect effects to these properties. The BLM required the use of Guidelines for 

27 Determination of Visual Effects of an Undertaking on the Integrity of a Historic Setting, 

28 Appendix C of the State Protocol (Protocol), executed between the Wyoming BLM and 

29 Wyoming SHPO (BLM 2006), for determining visual effects on the trails’ historic settings. The 

30 viewshed assessment involved a GIS exercise of overlaying the known historic trails on the 

31 visibility surface (consisting of five miles on either side of the transmission line) to determine 

32 areas from which the towers could potentially be seen. Specific Key Observation Points (KOP) 

33 were selected for conducting Visual Contrast Ratings (VCR) and potential photo simulations in 

34 the field. 

35 3. Phase 3 – Geotechnical Boring – As analyzed under the Environmental Assessment for the 

36 Gateway West Geotechnical Drilling Project, Class III surveys of five-acre blocks for each 

37 proposed borehole location are being completed by the Proponents. This was required in order to 

38 obtain BLM or other federal land managing agency permits for the completion of geotechnical 

39 testing necessary to support preliminary design and feasibility studies for specific locations for 

40 transmission infrastructure.

41 4. Phase 4 – Proposed Route Surveys – The fourth phase will be a Class III inventory of previously 

42 uninventoried portions of the proponent-proposed route(s) and all related Undertaking facilities 

43 located on lands where access has been granted, including all federal lands, state lands, tribal 

44 lands, and those privately owned lands for which survey permission has been received. As a part 

45 of the Class III survey of the Undertaking, the BLM is conducting a visual effects assessment for
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

7 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 effects of the Undertaking on historic trails and other properties where the setting is important to 

2 the qualities that make the property eligible. This work will be done in accordance with 

3 Stipulation II.E.

4 5. Phase 5 – Final Pre-Construction Surveys – After the BLM determines the selected route, the 

5 Proponents will complete Class III surveys under BLM guidance for the direct APE, with an 

6 assessment of indirect effects for the indirect APE, where not covered by previous Class III

7 surveys or assessments. Where sufficient information for making site eligibility determinations is 

8 not available, the BLM and SHPOs may determine that additional archaeological testing or other 

9 investigations are necessary to complete NRHP evaluations for properties that may be affected.

10 The Proponents will complete consultation and fieldwork for this phase prior to the initiation of 

11 construction.

12 6. Phase 6 – Surveys During Construction – The final phase will include surveys, as needed, of any 

13 components of the Undertaking that are outside the currently defined APE and are identified by 

14 the BLM after the Undertaking’s initial Notice to Proceed has been issued (including changes in 

15 construction right-of-way and ancillary areas). Where the BLM determines that additional

16 surveys are needed, no ground disturbance will be allowed in the specific areas requiring survey 

17 until the surveys and the effects determinations and any required mitigation are completed.

18 Construction within the previously surveyed APE may continue while these additional surveys 

19 are being completed (see Stipulation XI).

20

21 D. Determinations of Eligibility

22

23 For each property that is within the APE, the BLM, in consultation with the Signatories, Invited 

24 Signatories and Concurring Parties, will determine NRHP eligibility pursuant to 36 CFR 800.4(c)(1) 

25 for each such property.

26 1. The BLM will distribute recommendations of NRHP eligibility to the appropriate Signatories, 

27 Invited Signatories and Concurring Parties for review and comment following 36 CFR 800.4(c).

28 After a 30 day review period, the BLM will submit the determinations of eligibility, with all

29 comments, to the applicable SHPO for concurrence. The BLM will seek consensus 

30 determinations of eligibility with the appropriate SHPO for all properties whether on federal, 

31 state, tribal, or private lands.

32 a. If the applicable SHPO and BLM agree that the cultural resource is not eligible for listing in 

33 the NRHP, no further review or consideration under this PA will be required for such cultural 

34 resources. 

35 b. If the applicable SHPO and BLM agree that the property is eligible, then effect

36 determinations will be in accordance with Stipulation E.

37 c. If the applicable SHPO and BLM do not agree on eligibility, the BLM will consult with the

38 applicable SHPO further. If agreement cannot be reached within 30 days, then the BLM will 

39 obtain a determination of eligibility from the Keeper of the National Register (Keeper), 

40 pursuant to 36 CFR 800.4(c)(2) and 36 CFR Part 63. The Keeper’s determination will be 

41 final.

42
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

8 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 E. Assessment of Effects

2

3 1. The BLM will, in consultation with the Signatories, Invited Signatories and Concurring Parties, 

4 make determinations of effect consistent with 36 CFR 800.4(d) and identify any adverse effects

5 for each historic property within the APE in accordance with the criteria established at 36 CFR

6 800.5(a)(1) and (a)(2)(i)-(vii), and will provide SHPOs, tribes, and the other Signatories, Invited 

7 Signatories and Concurring Parties with the results of the finding following 36 CFR 800.11(e)(4)-

8 (6). This will be done concurrently with the distribution of the Class III Inventory Report and the 

9 above determinations of eligibility. These determinations of effect will serve as the basis for the 

10 development of a Historic Properties Treatment Plan (HPTP).

11

12 2. The BLM will utilize the VCR assessment to determine the visual effects of the proposed 

13 Undertaking on historic properties. A visual effect is any modification in landforms, water bodies, 

14 or vegetation, or any introduction of structures, which interrupts the visual character of the 

15 landscape and disrupts the harmony of the basic elements (i.e., form, line, color, and texture). The 

16 guidelines for determination of visual effects of an Undertaking on the integrity of a historic 

17 setting under the VCR assessment are located in Appendix C.

18

19 3. The BLM will, in consultation with the Signatories, Invited Signatories and Concurring Parties,

20 broadly assess cumulative effects under Section 106 in order to identify all reasonably 

21 foreseeable, potentially adverse effects as a result of the proposed Undertaking. 

22

23

24 III. Reporting, Consultation and Review of Documentation

25

26 A. At the conclusion of the following phases of the fieldwork described in Stipulation II.C., the 

27 Proponents will submit copies of the draft report (either electronic or print) for each phase to the lead

28 BLM Office for distribution to the appropriate BLM District or Field Office in each state and to the 

29 appropriate Signatories, Invited Signatories and Concurring Parties for review:

30

31 • Literature Review (See Stipulation II.C.1)

32 • Alternative and Proposed Route Surveys Evaluation (See Stipulation II.C.2)

33 • Pre-Construction Surveys Evaluation (See Stipulation II.C.5)

34 • Surveys During Construction (multiple reports) (See Stipulation II.C.6; See Stipulation XI for 

35 review times)

36

37 Each report will be consistent with the appropriate state guidelines and formats including 

38 determinations of eligibility and effect. Reports shall also include appropriate state site inventory 

39 forms, other documentation for results of identification of properties of cultural and religious 

40 significance to tribes, and recommendations on the historic significance, integrity, and NRHP 

41 eligibility of identified cultural properties (36 CFR 800.4(c)). The following outlines review times 

42 applicable to Literature Review, Alternative and Proposed Routes Surveys Evaluation, and Pre43 Construction Surveys Evaluation. Review times for Surveys During Construction can be found in 

44 Stipulation XI.

45 1. The Proponents will submit copies of the draft reports and site forms to the lead BLM Office for 

46 distribution to the appropriate Field Offices, and to the appropriate federal land managing 

47 agencies for review. The federal land managing agencies will have 30 days from receipt of each 
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

9 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 report to review and provide comments to the lead BLM Office on the initial draft. These 

2 comments will address adequacy of inventory and reports, the eligibility of properties identified 

3 during each phase (36 CFR 800.4(c)), and the effects of the Undertaking on any cultural 

4 resources considered to be historic properties (36 CFR 800.4(d) and 36 CFR 800.5). Based on the 

5 comments received, the BLM may require the Proponents to revise the reports. Any revised 

6 reports will be submitted to the BLM for a 15 day review.

7 2. After the federal review, and any subsequent time for revisions, the BLM will distribute reports to 

8 the appropriate Signatories, Invited Signatories, and Concurring Parties for a 15 day review and 

9 provide comments to the lead BLM Office (see Stipulation VI for confidentiality requirements).

10 Any revised reports will be submitted to the appropriate Signatories, Invited Signatories, and 

11 Concurring Parties for a 15 day review. 

12 3. The BLM will then distribute reports to and seek consensus determinations of eligibility and 

13 effect with the appropriate SHPO for all properties whether on federal, state, or private lands for a 

14 30 day review. If the 30 days pass with no request for extension and no other comments, the BLM 

15 shall assume acceptance of the report.

16

17 4. In addition to the above-cited reports, the Proponents will prepare a comprehensive inventory 

18 report for each state that covers all pre-construction surveys performed for this Undertaking. The 

19 final report will include the completed 15 percent sample surveys for non-selected alternatives 

20 and the full Class III inventory of the selected route that the Proponents will be permitted to 

21 construct and operate. These comprehensive report(s) will be produced no later than three years 

22 after the Phase 5 Pre-Construction Surveys and will be considered the final Class III inventory 

23 report(s).

24

25 5. All other outstanding reports, such as mitigation or monitoring reports, or other reporting actions 

26 required under the HPTP, will be produced no later than three years after the completion of the

27 relevant work element (as described in the HPTP) of the Undertaking. 

28

29 B. Reviewing offices will notify the lead BLM Office main point of contact in writing (including email) 

30 requesting a review extension, providing the reasoning the time frame cannot be met. The lead BLM 

31 Office will determine whether to grant an appropriate extension.

32

33

34 IV. Tribal Consultation

35

36 A. Through government-to-government consultation with Indian tribes, pursuant to 36 CFR 800.2(c)(2),

37 the BLM, and other federal land managing agencies, as appropriate, will make a good faith effort to 

38 identify properties that have traditional religious and cultural importance to one or more Indian tribes

39 and to determine whether they are historic properties. Discussion of these properties will be 

40 integrated, as applicable, as a separate chapter or appendix, or submitted as a separate report, such as 

41 an ethnographic study. Ethnographic studies are not required, but may be requested by tribes. 

42 Confidentiality concerns expressed by tribes for properties that have traditional religious and cultural 

43 importance will be respected and will be protected to the extent allowed by law (see Stipulation VI).

44

45
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

10 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 V. Historic Properties Treatment Plan (HPTP)

2

3 A. If the BLM determines that the Undertaking will have adverse effects on historic properties, the BLM 

4 shall consult with the appropriate SHPO and other Signatories, Invited Signatories, and Concurring 

5 Parties to develop and evaluate alternatives or modifications to the Undertaking that could avoid, 

6 minimize, or mitigate adverse effects to those properties. The Proponents will develop an umbrella 

7 HPTP, which will include treatment guidelines for certain categories of adversely affected historic 

8 properties such as trails. The HPTP will be utilized as a field guide during implementation of the 

9 Undertaking so it will also include provisions for monitoring during construction and appendices for 

10 treatment of Inadvertent Discoveries of Cultural Resources and Human Remains. The HPTP will also 

11 include Segment Plans, negotiated per Stipulation V.D., that will outline treatments for individual 

12 historic properties that may be adversely affected within particular segments of the Undertaking.

13 Individual Segment Plans must be completed to an acceptable level, to be determined by the BLM 

14 and SHPOs as described in Stipulation X.B., by the Proponent prior to issuance of a Notice to 

15 Proceed (NTP) for the segment or resources in question, as stipulated in Stipulation V.C. below.

16

17 B. The mitigation strategy may vary depending on the type of adverse effect. For direct effects,

18 avoidance is the preferred strategy and may involve redesign or relocation of specific components of 

19 the Undertaking. If avoidance is not a reasonable option, data recovery, especially for archaeological 

20 sites, may be the selected mitigation. For indirect effects, mitigation options such as topographic 

21 screening will be used to the maximum extent possible to reduce the visibility of the transmission line 

22 route from historic properties. The HPTP will provide specific avoidance or mitigation measures, 

23 commensurate with the Undertaking, to lessen any potential for cumulative effects. Determinations of 

24 the potential cumulative effects within the reasonably foreseeable future will be based on the APE 

25 and be defined in the HPTP. 

26

27 Other treatment measures for direct, indirect, and cumulative effects may include, but will not be 

28 limited to:

29 a. Completion of NRHP nomination forms.

30 b. Conservation easements.

31 c. Historic American Landscapes Survey (HALS) documentation.

32 d. Historic American Buildings Survey (HABS) documentation.

33 e. Historic American Engineering Record (HAER) documentation.

34 f. Purchase of land containing National Historic Trail segments or other historic properties for 

35 transfer to public ownership.

36 g. Partnerships and funding for public archaeology projects.

37 h. Print publication (brochure/book).

38 i. Visual media publication (website/podcast/video). 

39

40 C. An HPTP Segment Plan will be completed by the Proponent for each work element (typically a 

41 Segment or its substations) before the BLM will issue a Notice to Proceed for that segment or 

42 Undertaking element. Each HPTP Segment Plan will outline a strategy to mitigate adverse effects to 

43 the specific characteristics of the historic property that make it eligible for listing in the NRHP. Both 

44 the manner in which these NRHP qualities will be lessened and how proposed mitigation efforts will 

45 offset said effects will be clearly defined in the mitigation plan for each historic property. The plan 

46 will also identify the responsible parties and their roles. Given the nature of the phased construction 

47 of the Undertaking, specific treatment plans may be developed in stages. Each HPTP Segment Plan 

48 will list all historic properties that have been identified, including those avoided, by land ownership

49 and by state. The plans will identify the specific mitigation strategies proposed to address the direct, 
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

11 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 indirect, and cumulative effects of the Undertaking for both individual historic properties and specific 

2 groups of historic properties (e.g., archaeological sites, trails, etc.). Each HPTP Segment Plan will 

adhere to the guidance provided by ACHP (http://www.achp.gov/archguide/)1 3 , the Secretary of the 

4 Interior’s Professional Standards, HABS/HAER/HALS guidance (http://www.nps.gov/hdp/), and 

5 appropriate state guidelines.

6

7 Each HPTP Segment Plan will address, but is not limited to, the following:

8

9 1. The assessment of effects and how adverse effects to historic properties will be resolved in 

10 consultation with the Proponents and other consulting parties.

11

12 2. Preparation of a Monitoring Plan, including tribal participation, for the Undertaking

13 implementation.

14

15 3. Methods to document proposed treatment and reporting of mitigation.

16

17 D. The Proponents will develop and submit each HPTP Segment Plan to the BLM for review and 

18 comment for 30 days. The BLM will respond with written comments, if needed, and the Proponents 

19 will incorporate the comments and revise each HPTP Segment Plan as appropriate. 

20

21 E. When the BLM has approved each HPTP Segment Plan proposed by the Proponents, the BLM will 

22 submit each draft HPTP Segment Plan to the Signatories, Invited Signatories, and Concurring Parties 

23 for review and comment for 20 days. The BLM will incorporate the comments, as appropriate, into a 

24 revised document and will submit the HPTP Segment Plan to the said parties for a second review. All 

25 said parties will respond to the second review of the HPTP Segment Plan within 10 days. The BLM 

26 will submit the final HPTP Segment Plan with comments to the SHPOs for review and comment for 

27 30 days. Upon final acceptance by the BLM and SHPO, each HPTP Segment Plan will be appended 

28 to the PA.

29

30

31 VI. Confidentiality of Historic Property Information

32

33 The parties to this PA acknowledge that historic properties covered by this PA are subject to the 

34 provisions of Section 304 of the National Historic Preservation Act relating to the nondisclosure of 

35 sensitive information about the location, character, and ownership of a historic property, including 

36 historic properties of traditional religious and cultural importance to Indian tribes, and having so 

37 acknowledged, will ensure that all actions and documentation prescribed by this PA are consistent 

38 with the Act. The BLM may require data sharing agreements with parties interested in obtaining 

39 confidential information.

40

41

42 VII. Inadvertent Discovery of Cultural Resources

43

44 If potential historic properties are discovered or unanticipated effects occur to known historic 

45 properties, the BLM will implement the Inadvertent Discovery Plan. This plan will be included as an 

46 appendix of the HPTP.

 1 Two items in this guidance will not apply to Wyoming: specifically, site burial and mitigation banking of 

archaeological sites.
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

12 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1

2 VIII. Inadvertent Discovery of Human Remains

3

4 If human remains are discovered, the BLM will follow the provisions of applicable state and local 

5 laws and NAGPRA (25 U.S.C. § 3001). These procedures would be included as an appendix of the 

6 HPTP.

7

8

9 IX. Curation

10

11 A. The BLM shall ensure that curation of the material remains and all associated records resulting from 

12 identification and data recovery efforts is completed in accordance with 36 CFR Part 79 and the 

13 provisions of NAGPRA (25 U.S.C. § 3001). The Proponents shall provide documentation of the 

14 curation of these materials to the BLM and the appropriate SHPO within 60 days of acceptance of the 

15 final comprehensive inventory report for the Undertaking. Materials found on federal lands will 

16 remain federal property when curated (unless otherwise appropriately repatriated in accordance with 

17 NAGPRA).

18

19 B. Archaeological materials collected from private lands pursuant to the implementation of this PA shall 

20 be maintained in accordance with 36 CFR Part 79 until all analysis is complete. If private landowners 

21 wish to donate collections from their lands to a museum, university, historical society, or other 

22 repository, the BLM will offer to assist in the transfer by completing the repository's donation forms 

23 and other paperwork. Otherwise, collections from private lands shall be returned to the landowners 

24 within 30 days of acceptance by the SHPO of the final mitigation report. Documentation of the 

25 disposition of private collections shall be provided to the BLM and the appropriate SHPO.

26

27

28 X. Initiation of Construction Activities

29

30 A. The BLM will authorize treatment and/or construction only after issuance of a federal right-of-way 

31 grant, Special Use Authorization, and specific NTP or any other federal or state authorization to the 

32 Proponents. NTPs will be issued on a construction segment basis. 

33

34 B. Prior to issuance of an NTP, the BLM shall ensure that each final HPTP Segment Plan is completed 

35 to a level acceptable to the BLM, in consultation with the appropriate SHPO. The completion of the 

36 Segment Plan will apply to all land in the segment regardless of ownership. An acceptable level may 

37 consist of the following conditions:

38

39 1. If fieldwork or alternative mitigation is complete:

40 a. summary description of the work undertaken, and

41 b. status of the reporting stipulations and schedule, or 

42

43 2. If fieldwork or alternative mitigation is incomplete:

44 a. a buffer for avoidance is clearly marked in the field until completion, and

45 b. cultural resources monitoring, if required, is in place as outlined in the HPTP, or

46 c. alternative mitigation plans are in place or completed to an acceptable level (per Stipulation 

47 X.B.1)

48
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

13 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 C. The BLM may issue NTPs for individual construction segments as defined by the Proponents in their 

2 construction plans, under the following conditions:

3

4 1. The construction of the segment will not preclude rerouting of other segments or affiliated 

5 ancillary feature locations.

6

7 2. The BLM, in consultation with the appropriate SHPO, per Stipulation II.D-E, determines that:

8 a. no historic properties are present within the APE for that segment; or

9 b. historic properties are present within the APE for that segment but will not be affected or 

10 adversely affected.

11

12

13 XI. Changes in Construction Activities

14

15 A. The BLM and SHPOs will make every effort to expedite review of any changes to construction plans 

16 after initiation of construction. If the Proponents propose changes in the construction right-of-way or 

17 any ancillary areas outside of the APE surveyed for the Undertaking, the Proponents will conduct 

18 identification and evaluation of historic properties in accordance with Stipulation II. Results of the 

19 inventory report will be handled as follows:

20

21 1. If the inventory results in no cultural resources identified, the Proponents will submit copies of 

22 the draft inventory report to the lead BLM Office for distribution to the appropriate Field Offices, 

23 and to the appropriate federal land managing agencies for review. The land managing agencies 

24 will have 10 days to provide comments on the report to the lead BLM Office. If the BLM accepts 

25 the findings, the BLM may issue the NTP without SHPO review. If not, the Proponents will 

26 revise the report as necessary and resubmit it to the lead BLM Office within 10 days. The BLM 

27 will send the documentation to the SHPO and proceed. The report data will also be included in 

28 any final report for the Undertaking.

29

30 2. If the inventory results in no historic properties identified, the Proponents will submit copies of 

31 the draft inventory report to the lead BLM Office for distribution to the appropriate Signatories, 

32 Invited Signatories and Concurring Parties to this agreement. Reviewers will provide any 

33 comments to the lead BLM Office within 15 days of receipt of the document. Any necessary 

34 changes to the report will be made by the Proponents and resubmitted to the appropriate 

35 Signatories, Invited Signatories, and Concurring Parties within 10 days. The BLM will then send 

36 the documentation to the SHPO who will have 20 days to review and comment. The BLM will 

37 have 10 days to respond to any SHPO comments. If the SHPO does not respond within the stated 

38 timeframe, the BLM will assume SHPO has no objection to the report and concurs with the 

39 agency determination of eligibility. The BLM may issue the NTP or other applicable 

40 authorization to proceed at this point per Stipulation X.

41

42 3. If the inventory results in historic properties identified, the Proponents will submit copies of the 

43 draft inventory report, including summaries of potential effects to any historic properties, to the 

44 lead BLM Office for distribution to the appropriate Signatories, Invited Signatories and 

45 Concurring Parties to this agreement. Reviewers will provide any comments to the lead BLM 

46 Office within 30 days. Any changes to the report will be performed by the Proponents and 

47 resubmitted to the appropriate Signatories, Invited Signatories, and Concurring Parties within 15

48 days. The BLM will then send the documentation to the SHPO who will have 30 days to review 
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

14 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 and comment. The BLM will have 15 days to respond to any SHPO comments. If the SHPO does 

2 not respond within the stated timeframe, the BLM will assume SHPO has no objection to the 

3 report and concurs with the agency determination of eligibility and finding of effect. The BLM 

4 may issue the NTP or other applicable authorization to proceed at this point per Stipulation X.

5

6

7 XII. Annual Reporting and Evaluation

8

9 The lead BLM office shall prepare an annual letter report of cultural resources activities pertaining to 

10 this Undertaking for all Signatories, Invited Signatories, and Concurring Parties by December 31 for

11 the duration of this PA. The implementation and operation of this PA shall be evaluated on an annual 

12 basis by the Signatories, Invited Signatories, and Concurring Parties. This evaluation, to be conducted 

13 after the receipt of the BLM letter report, may include in-person meetings or conference calls among 

14 these parties, and suggestions for possible modifications or amendments to this agreement.

15

16

17 XIII. Dispute Resolution

18

19 A. Should any Signatory to this PA provide notice to the BLM of its objection to an action under this 

20 PA, or implementation of the measures stipulated in this PA, within 30 days of becoming aware of an 

21 action, the BLM shall consult with all Signatories, Invited Signatories, and Concurring Parties to this 

22 PA to resolve the objection, unless otherwise specified in this document. If the BLM determines that 

23 the objection cannot be resolved, the BLM shall forward all documentation relevant to the dispute to 

24 the ACHP. The objecting party must provide reasons for, and a justification of, its objection at the 

25 time it initially submits its objection to the BLM. Within 30 days after receipt of all pertinent 

26 documentation, the ACHP shall either:

27

28 1. Provide the BLM with recommendations, which the BLM shall take into account in reaching a

29 final decision regarding the dispute; or

30

31 2. Notify the BLM that it will comment within an additional 30 days, in accordance with 36 CFR 

32 800.7(c)(4). Any ACHP comment provided in response to such a request will be taken into 

33 account, and responded to, by the BLM in accordance with 36 CFR 800.7(c)(4) with reference to 

34 the subject of the dispute.

35

36 B. Any recommendation or comment provided by the ACHP will be understood to pertain only to the 

37 subject of the dispute. The BLM’s responsibility to carry out all actions under this PA that are not the 

38 subject of the dispute will remain unchanged.

39

40

41 XIV. Amendment

42

43 A Signatory or Invited Signatory may recommend the PA be amended. This PA may be amended 

44 after a 30 day review and consultation among the Signatories, Invited Signatories, and Concurring 

45 Parties to this agreement, if the amendment is agreed to in writing by all Signatories and Invited 

46 Signatories who have signed the PA. The amendment will be effective on the date a copy signed by 

47 all of the Signatories and Invited Signatories is filed by the BLM with the ACHP.

48

49
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

15 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 XV. Termination

2

3 A. Any of the Signatories and Invited Signatories who have signed this PA may terminate it.

4

5 B. The termination process starts when a Signatory or Invited Signatory who has signed the PA provides 

6 written notice to the other Signatories and Invited Signatories of its intent to terminate. Termination 

7 shall take effect no less than 30 days after this notification, during which time the Signatories, Invited 

8 Signatories, and Concurring Parties shall consult to seek agreement on amendments or any other 

9 actions that would address the issues and avoid termination. The notice must explain in detail the 

10 reasons for the proposed termination. The PA will be terminated at the end of the 30 day period 

11 unless the Signatories and Invited Signatories agree to a longer period of consultation or the party 

12 proposing termination retracts its proposal.

13

14 C. If the PA is terminated, the BLM will notify all parties to the PA of its plan for considering and 

15 resolving adverse effects to historic properties for the remainder of the Undertaking and request the 

16 ACHP comment within 45 days per 36 CFR 800.7(c).

17

18 D. In accordance with 36 CFR 800.7(c)(4), the BLM will take into account and respond to comments 

19 provided by the ACHP within 45 days, prior to making a final decision on how to proceed with regard 

20 to historic properties for the remainder of the Undertaking in the absence of a PA.

21

22 E. An individual SHPO may withdraw from the PA upon written notice to all Signatories and Invited 

23 Signatories after having consulted with them for at least 30 days to attempt to find a way to avoid the 

24 withdrawal. Upon withdrawal, the BLM and the withdrawing SHPO will comply with Section 106 in 

25 accordance with 36 CFR 800.3 through 800.7 or the execution of an agreement in accordance with 36 

26 CFR 800.14(b). Such Section 106 compliance will be limited to consideration of effects of the 

27 Undertaking solely within the jurisdiction of the withdrawing SHPO. This PA will still remain in 

28 effect with regard to the portions of the Undertaking located in the jurisdiction(s) of the SHPO that 

29 have not withdrawn from the PA. If all SHPOs withdraw from the PA, the PA will be considered to 

30 be terminated.

31

32

33 XVI. Duration of This PA

34

35 A. This PA will expire if the Undertaking has not been initiated, the BLM right-of-way grant expires or 

36 is withdrawn, or the stipulations of this PA have not been initiated within five (5) years from the date 

37 of its execution. Upon such expiration, and prior to work continuing on the Undertaking, the BLM 

38 shall either (a) execute a Memorandum of Agreement pursuant to 36 CFR 800.6, or (b) request, take 

39 into account, and respond to the comments of the ACHP under 36 CFR 800.7. Prior to the expiration 

40 date, the BLM may consult with the other Signatories, Invited Signatories, and Concurring Parties to 

41 reconsider the terms of the PA and amend it in accordance with Stipulation XIV. The BLM shall 

42 notify the Signatories, Invited Signatories, and Concurring Parties within 30 days as to the course of

43 action the BLM will pursue.

44

45 B. Unless this PA is terminated pursuant to Stipulation XIV above, another agreement executed for the 

46 Undertaking supersedes it, or the Undertaking itself has been terminated, this PA will remain in full 

47 force and effect until the BLM, in consultation with the other Signatories and Invited Signatories,

48 determines that construction of all aspects of the Undertaking has been completed and that all terms 

49 of this PA and any subsequent agreements have been fulfilled in a satisfactory manner, not to exceed 
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

16 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 ten (10) years. Upon a determination by the BLM that all terms of this PA and any subsequent 

2 agreements have been fulfilled in a satisfactory manner, the BLM will notify the Signatories, Invited 

3 Signatories, and Concurring Parties in writing of the agency’s determination. This PA will terminate 

4 and have no further force or effect on the day that the BLM so notifies the Signatories, Invited 

5 Signatories, and Concurring Parties. 

6

7

8 XVII. Wyoming General Provisions

9

10 A. Entirety of Agreement. This PA, consisting of twenty (20) total pages, represents the entire and 

11 integrated agreement between the parties and supersedes all prior negotiations, representations and 

12 agreements, whether written or oral, regarding compliance with Section 106 of the NHPA for the 

13 Undertaking.

14

15 B. Prior Approval. This PA shall not be binding upon any party unless this PA has been reduced to 

16 writing before performance begins, as described under the terms of this PA, and unless the PA is 

17 approved as to form by the Attorney General or his or her representative.

18

19 C. Severability. Should any portion of this PA be judicially determined to be illegal or unenforceable, 

20 the remainder of the PA shall continue in full force and effect, and any party may renegotiate the 

21 terms affected by the severance.

22

23 D. Sovereign Immunity. The State of Wyoming and the WYSHPO, as well as the Shoshone-Paiute 

24 Tribes, the Shoshone-Bannock Tribes, the Ute Indian Tribe of the Uintah & Ouray Reservation, the 

25 Eastern Shoshone, the Northern Arapaho, the Northern Cheyenne, the Northwestern Band of 

26 Shoshone, and the Oglala Sioux, do not waive their sovereign or governmental immunity by entering 

27 into this PA and each fully retains all immunities and defenses provided by law with respect to any 

28 action based on or occurring as a result of the PA.

29

30 E. Each Signatory to this PA shall assume the risk of any liability arising from its own conduct. Each 

31 Signatory agrees they are not obligated to insure, defend, or indemnify the other Signatories to this 

32 PA.

33

34

35 EXECUTION of this PA by the Signatories, Invited Signatories, and Concurring Parties and subsequent 

36 implementation of its terms shall evidence that the BLM and the federal agencies have taken into 

37 account the effects of the Undertaking on historic properties and afforded the ACHP an opportunity to 

38 comment on it in compliance with Section 106.
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

17 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 SIGNATORIES

2

3

4 ADVISORY COUNCIL ON HISTORIC PRESERVATION

5

6 By: ____________________________________ Date: _________________

7 John M. Fowler, Executive Director

8

9

10 BUREAU OF LAND MANAGEMENT

11

12 By: ____________________________________ Date: _________________

13 Don Simpson, Wyoming State Director

14

15

16 USDA FOREST SERVICE, INTERMOUNTAIN REGION

17

18 By: ____________________________________ Date: _________________

19 Harv Forsgren, Regional Forester

20

21

22 USDA FOREST SERVICE, ROCKY MOUNTAIN REGION

23

24 By: ____________________________________ Date: _________________

25 Phil Cruz, Forest Supervisor

26 Medicine Bow-Routt National Forests and Thunder Basin National Grassland

27

28

29 IDAHO STATE HISTORIC PRESERVATION OFFICER

30

31 By: ____________________________________ Date: _________________

32 Susan Pengilly, Deputy State Historic Preservation Officer

33

34

35 WYOMING STATE HISTORIC PRESERVATION OFFICER

36

37 By: ____________________________________ Date: _________________

38 Mary Hopkins, State Historic Preservation Officer

39

40

41 U.S. ARMY CORPS OF ENGINEERS

42

43 By: ____________________________________ Date: _________________

44 Joel R. Cross

45 Colonel, Corps of Engineers

46 Omaha District Commander

47

48 Depending on the selected alternative, additional Signatories may be required.

49
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

18 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 INVITED SIGNATORIES

2

3

4 BUREAU OF RECLAMATION

5

6 By: ____________________________________ Date: _________________

7 Curtis A. Pledger, Area Manager

8

9

10 BUREAU OF INDIAN AFFAIRS

11

12 By: ____________________________________ Date: _________________

13 Stanley Speaks, Northwest Regional Director

14

15

16 NATIONAL PARK SERVICE, PACIFIC WEST REGION

17

18 By: ____________________________________ Date: _________________

19 Christine Lehnertz, Regional Director

20

21

22 NATIONAL PARK SERVICE, INTERMOUNTAIN REGION 

23

24 By: ____________________________________ Date: _________________

25 John Wessels, Regional Director

26

27

28 IDAHO POWER COMPANY

29

30 By: ____________________________________ Date: _________________

31 Vern Porter, Vice President, Engineering and Operations

32

33

34 ROCKY MOUNTAIN POWER

35

36 By: ____________________________________ Date: _________________

37 Sharon Seppi, Managing Director, Construction, Construction Services

38
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

19 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 CONCURRING PARTIES

2

3

4 ALLIANCE FOR HISTORIC WYOMING

5

6 By: ____________________________________ Date: _________________

7

8

9 EASTERN SHOSHONE TRIBE OF THE WIND RIVER RESERVATION

10

11 By: ____________________________________ Date: _________________

12

13

14 IDAHO NATIONAL GUARD

15

16 By: ____________________________________ Date: _________________

17

18

19 NATIONAL TRUST FOR HISTORIC PRESERVATION

20

21 By: ____________________________________ Date: _________________

22

23

24 NORTHERN ARAPAHO TRIBE OF THE WIND RIVER RESERVATION

25

26 By: ____________________________________ Date: _________________

27

28

29 NORTHERN CHEYENNE TRIBE

30

31 By: ____________________________________ Date: _________________

32

33

34 NORTHERN UTE TRIBE OF THE UINTAH AND OURAY UTE RESERVATION

35

36 By: ____________________________________ Date: _________________

37

38

39 NORTHWESTERN BAND OF SHOSHONE

40

41 By: ____________________________________ Date: _________________

42

43

44 OGLALA SIOUX TRIBE AT THE PINE RIDGE RESERVATION

45

46 By: ____________________________________ Date: _________________

47

48

49
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

20 of 20 Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 OREGON – CALIFORNIA TRAIL ASSOCIATION

2

3 By: ____________________________________ Date: _________________

4

5

6 SHOSHONE – BANNOCK TRIBE OF FORT HALL

7

8 By: ____________________________________ Date: _________________

9

10

11

12 SHOSHONE – PAIUTE TRIBES OF THE DUCK VALLEY RESERVATION

13

14 By: ____________________________________ Date: _________________

15

16

17
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

Appendices

Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 APPENDICES

2

3

4 A. Map of Proposed Undertaking and Alternatives

5

6

7

8 B. Historic Properties Treatment Plan

9

10 [Historic Properties Treatment Plan and associated Historic Properties Treatment Segment 

11 Plans will be appended to the document as they are developed.]

12

13

14 C. Guidelines for Determination of Visual Effects on the Integrity of a Historic Setting

15 Under the VCR Assessment

16

17 The Visual Contrast Rating will be used by the Proponents to analyze the potential visual 

18 impact of the Undertaking to historic properties for which setting is a contributing aspect of 

19 integrity. The basic philosophy underlying the system is: The degree to which the 

20 Undertaking affects the setting of a historic property depends on the visual contrast created 

21 between the Undertaking and the existing setting of the historic property. The contrast can be 

22 measured by comparing the project features with the major features in the existing setting. 

23 The basic design elements of form, line, color, and texture are used to make this comparison 

24 and to describe the visual contrast created by the Undertaking. In conjunction with the Visual 

25 Contrast Rating worksheet, the use of illustrations, photographs, photo simulations and 

26 computer-generated models and images will be utilized to communicate the degree of 

27 contrast the Undertaking will have on the setting of historic properties.

28
Sept. 19, 2012 GATEWAY WEST PROGRAMMATIC AGREEMENT

Appendices

Final Draft Programmatic Agreement Among the Bureau of Land Management, The U.S. Forest Service, The Advisory 

Council on Historic Preservation, The Idaho State Historic Preservation Officer, The Wyoming State Historic Preservation 

Officer, The Bureau of Indian Affairs, The Bureau of Reclamation, The National Park Service, The U.S. Army Corp of 

Engineers, the Idaho National Guard, Idaho Power, and Rocky Mountain Power Regarding Compliance with the National 

Historic Preservation Act for the Gateway West Transmission Line Project 

1 No Visual Contrast occurs if the proposed project elements will not be seen; there is no contrast 

2 between the Undertaking and the setting. The agency determination will be “No Historic 

3 Properties Affected.”

4

5 Weak Visual Contrast occurs if the proposed project elements, or portions of the elements, can 

6 be seen but will not dominate the setting or attract the attention of the casual observer 

7 because the basic elements of form, line, color and texture found in the setting are repeated in 

8 the project’s physical elements. The agency determination will be “No Historic Properties 

9 Adversely Affected.”

10

11 Moderate or Strong Visual Contrast occurs if the proposed project elements tend to dominate 

12 the setting. The agency determination will be “Historic Properties Adversely Affected.”