WHAT HAPPENS TO A CULTURAL REPORT ONCE IT IS SENT TO BFO?

BFO ADMIN STAFF RECEIVES THE REPORT Date stamped

Given a BFO specific number and logged into the BFO database

Report is placed in the “To Be Reviewed” files

COMPONENTS REVIEW

One cultural staff person is assigned to do component reviews each month. PODs are not accepted unless they contain all

the important components, including a cultural report.

The component review sheet is signed off if BFO has two copies of the report The report is not reviewed, the files are simply

checked to see if we physically have the report

POD TEAM ASSIGNMENT• Once a POD is “on the shelf” and

ready to work, teams are assigned– Cultural staff are assigned by the

assistant field manager somewhat randomly based on their experience with nearby PODs, possible unique issues and workload concerns

• POD teams include an NRS, wildlife biologist, legal assistant, legal instruments examiner, geologist, petroleum engineer, hydrologist, realty specialist, civil engineer and cultural specialist

INITIAL REVIEW

Upon POD assignment, the cultural specialist performs a cursory review of the report with the following in mind: Does the inventory cover the entire POD Does the report contain all the necessary forms Are there any outstanding issues that may delay

POD approval (Native American consultation, settings issues, Bozeman Trail, etc.)

INITIAL TEAM MEETING Within one week of POD assignment, an

initial team meeting is held to: Schedule the Operator Initial meeting (OIM) and

onsite dates Determine if there are any issues with the

cultural report that need to be resolved before the OIM or onsite

Ensure the infrastructure on the POD map matches that portrayed in the cultural report

OPERATOR INITIAL MEETING

POD team, landowners, the operators representative and various operators’ consultants attend the meeting

Occasionally contract archeologists are asked to attend

The operator receives deficiencies for the entire POD, including any deficiencies with the cultural report Cultural report deficiencies typically need to be

corrected after the onsite

ONSITE The cultural resource specialist typically attends

every onsite They check to see if the report accurately

recorded sites and IF’s They will spot check many areas within the

inventory to ensure report accuracy They will discuss any well or infrastructure moves

with the NRS and operator

POST ONSITE DEFICIENCIES Changes made during the onsite must be accounted

for BFO determines the APE at this point and there may

be additional inventory/site recording requirements Changes to the report may be required in order to

conform to SHPO Class III report standards Additional inventory may be required Additional testing or recordation may be required at

specific sites Report deficiencies are sent to the operator along

with other specialists’ deficiencies Any violations of permit conditions are reported to

the CRUP and BLM State Office

BFO DETERMINATIONS

Determinations of eligibilityCRUPs recommendations are considered, but

BFO is legally responsible for eligibility determination

Even if the CRUP evaluates a site, BFO may leave it unevaluated if they determine there is not enough information supporting that determination and it is not in the APE

BFO can make determinations that don’t match the recommendation

Determinations of effectAre the legal responsibility of BFOPertain to the entire project

BFO DETERMINATIONS, CONT.

Determinations by BFO may not match the CRUPs recommendations

The CRUP is not systematically informed if their recommendations are not used

CRUPs must not assume that their recommendations were accepted by BFO when considering future undertakings Check WYCRO Check CRMTracker Ask BFO

“NO HISTORIC PROPERTIES AFFECTED”(SITE IS ELIGIBLE UNDER CRITERIA “D” AND IS AVOIDED)

“NO HISTORIC PROPERTIES AFFECTED”(SITE IS NOT ELIGIBLE, AND IS IMPACTED)

“NO ADVERSE EFFECT”(SITE IS ELIGIBLE, NON-CONTRIBUTING PORTION IS IMPACTED)

“ADVERSE EFFECT”(SITE IS ELIGIBLE, CONTRIBUTING PORTION IS IMPACTED)

“ADVERSE EFFECT”(SITE IS ELIGIBLE UNDER CRITERION “A”, HAS HISTORIC STRUCTURES, AND RETAINS INTEGRITY OF SETTING)

REPORT IS ACCEPTED BY BFO AND SENT TO SHPO

BFO becomes legally responsible for the findings in the report, as if BFO actually performed the inventory

BFO digitizes the inventory and site boundaries

If the consultation is a simple notification, the report goes directly to WYCRO in Laramie, where it is filed (no SHPO review)

If there is SHPO review time, the report is sent to the SHPO office in Cheyenne

SHPO CONSULTATION If there are no historic properties, SHPO is notified. If there are historic properties but none are affected,

SHPO is notified. If there is “no adverse effect” to a site/sites eligible

under criterion “d” - SHPO is notified. If there is “no adverse effect” to a site/sites eligible

under criterion “a”, “b” or “c” – SHPO is allowed 15 days to comment.

If there is “no adverse effect” to a site/sites eligible under criterion “a”, “b” or “c” where setting is an important aspect of integrity – SHPO is allowed 30 days to comment.

If there is an “adverse effect” to any historic property – SHPO is allowed 30 days to comment and an MOA to resolve the adverse effect may be necessary.

ACCEPTED REPORT

Information from the cultural report will be used in order to complete the NEPA document

The inventory and sites will be listed on WYCRO and plotted on WYCRIS, but there can be significant lag time The WYCRO web site will show site eligibility

determinations made by BFO and whether or not SHPO reviewed those determinations

CONDITIONS OF APPROVAL

Monitoring Required in order to locate buried cultural

materials AND ensure that the operator constructs infrastructure in approved areas

Data Recovery Details are determined through SHPO

consultation Additional Inventory Conditions Site Avoidance/Protection

Site fencing Simple avoidance

IMPORTANT NOTES

Report deficiencies are common, they are primarily as a result of changes to POD by the operator, NRS, or other BFO specialists

Determinations made by BFO may not necessarily match a contractors recommendation

Once it is sent to SHPO, BFO is legally responsible for the report as if it were their own document