APPENDIX III 



Manual 8143 Reference and NTL-85-1 



8143 - Procedures for the avoidance and/or 

 mitigation of effects on cultural resources. 



This manual supplement provides directions to 

 fulfill the Bureau's responsibility to protect cultural 

 resources from adverse effects caused by 

 proposed land uses which may severely damage 

 or obliterate cultural values. The guidance lays 

 out procedures for inventory and evaluation, 

 treatment, documentation and consultation, and 

 implementation. 



Since most cultural values associated with the 

 Oregon and Mormon Pioneer National Historic 

 Trails are of National Register significance, the 

 manager is requested to refer to this manual 

 supplement for guidance when questions or 

 potential conflicts arise concerning any type of 

 developmental activities within the one quarter 

 mile or visual horizon mentioned in the plan. 



Department of the Interior 

 Bureau of Land Management 



NOTICE TO LESSEES AND OPERATORS 



OF ONSHORE FEDERAL AND INDIAN 



OIL AND GAS LEASES WITHIN THE JURISDICTION 



OF THE WYOMING STATE OFFICE 



NTL 85-1 Wyoming 



Cultural Resource Surveys 



I. INTRODUCTION AND PURPOSE 



In accordance with the National Historic Presen/ation Act 

 of 1966, as amended, the Antiquities Act of 1906, and the 

 Archaeological Resources Protection Act of 1979, the Federal 

 Surface Management Agency (SMA) must assure that 

 operations on oil and gas leases under its jurisdiction are 

 conducted with due regard for survey, evaluation, and 

 mitigation of disturbances to cultural resources. All operations 

 which are conducted on onshore Federal and Indian oil and 

 gas leases must conform to the requirements of this Notice 

 (except where local Indian requirements apply) as well as those 

 contained in the Oil and Gas Operating Regulations, Title 43 

 CFR Part 3160, Onshore Oil and Gas Order No. 1; National 

 Register of Historic Places, Title 36 CFR Part 60; Deter- 

 minations of Eligibility for Inclusion in the National Register 

 of Historic Places. Title 36 CFR Part 63; and Protection of 

 Cultural and Historic Properties, Title 36 CFR Part 800. 



The purpose of this Notice is to provide guidelines to lessees/ 

 operators when they are required to conduct cultural resource 

 surveys. The intent of this Notice is to provide a basis for 

 consistency among SMA's responsible for administration of 

 cultural resource protection as it pertains to oil and gas 

 operations; to help secure timely cultural resource clearances 

 in order to minimize delays in obtaining of Application for 

 Permit to Drill (APD) or approvals for other proposed lease 

 operations; to allow for project planning; and to avoid adverse 

 situations that may be created by imminent lease terminations, 

 offset discoveries, options, farm-out agreements and rig 

 availability. 



II. GENERAL INFORMATION 



These procedures explain the SMA's responsibility to 

 consider potential effects on cultural resources caused by 

 operations on a lease. Cultural resources survey, evaluation, 

 and mitigation may be required, depending upon the nature 

 of the operation, the significance of the cultural resources 

 present, and extent of possible damage to the significant 

 cultural resources. 



Definition of procedures for survey, evaluation of 

 significance, and development of mitigation measures are 

 determined by the SMA in consultation with the State Historic 

 Preservation Officer (SHPO) and, where appropriate, the 

 Advisory Council on Historic Preservation (ACHP). Regional 

 differences in cultural resource methods and techniques exist 

 because of environmental and topographic variation, and 

 differences in local prehistoric and historic cultural 

 development. Site significance may also differ regionally for 

 similar reasons. 



Individual SMA's may develop specific guidelines consistent 

 with this NTL and Onshore Order No. I to meet local conditions, 

 concerns, and issues. Lessees/ operators should obtain any 

 specific guidance at the appropriate field office of the involved 

 SMA. 



The SMA is responsible for considering "the area of the 

 undertaking's potential environmental impact" (Title 36 CFR 

 Part 800.2[o]), including both direct and indirect effects. 

 However, if the SMA requires the lessee/operator to conduct 

 a cultural resource survey, the lessee/operator will only be 

 responsible for conducting a survey of the area of proposed 

 lease operations. The SMA will monitor for vandalism or other 

 indirect effects, and will conduct any necessary cultural 

 resource evaluation or protective measures associated with 

 such effects, but shall review the proposed lease operations 

 within the time frame requirements of Onshore Oil and Gas 

 Order No. 1. The lessee/ operator is responsible for informing 

 employees that vandalism, including artifact collection and 

 unauthorized site disturbance, is illegal and punishable under 

 the Archaeological Resource Protection Act and other statutes. 



III. FIELD PROCEDURES 



A. Determination of Need for Survey 



In order to avoid unnecessary delays or expense, the 

 lessee/operator should contact the appropriate SMA at 

 least 15 days prior to submission of the APD or Notice 

 of Staking (NOS) to determine if a site-specific cultural 

 resource survey is required prior to entry on the lease 

 for lease operations. If a survey is required, the survey 

 report is to be submitted as provided for in Onshore Oil 

 and Gas Order No. 1. If the SMA has reason to believe 

 that properties listed or eligible for inclusion in the National 

 Register of Historic Places (NRHP) are present in the area 

 of proposed lease operations, a survey will be required. 

 Situations exist when the SMA may determine from 

 surveys of the area or other available data that there is 

 no reason to believe that listed or eligible properties are 

 present, and a survey will not be required. These include, 

 but are not limited to the following; 



1. Previous natural ground disturbance has modified 

 the surface so extensively that the likelihood of 

 finding cultural properties is negligible; 



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