Appendix III 



2. Human activity within the last 50 years has created 

 a new land surface to such an extent as to eradicate 

 traces of cultural properties; 



3. Existing probability or equivalent survey data are 

 sufficient to indicate that the specific environmental 

 situation did not support human occupation or use 

 to a degree that would make further survey infor- 

 mation useful or meaningful; 



4. Survey at an intensive level has previously been 

 performed, and records adequately documenting the 

 location, methods, and results of the survey are 

 available; 



5. Natural environmental characteristics are unfavor- 

 able to the presence of cultural properties (such as 

 recent landslides or rock falls). 



In addition, a survey will not be required if the nature 

 of the proposed action is such that no impact can be 

 expected on cultural resources eligible for or listed on 

 the NRHP. 



B. Survey Area Coverage 



If a survey is required of the lessee/operator, as 

 determined by the involved SMA, then prior to any surface 

 disturbance, the lessee/operator is to engage an 

 authorized cultural resource professional to conduct a 

 survey in the area of proposed lease operations. In order 

 to assure compliance with the requirements for protection 

 of cultural resources (Title 36 CFR Part 800), the minimum 

 survey area shall be the area of proposed lease operations. 

 The area of proposed lease operations is defined in the 

 Surface Use Plan, and shall include all areas to be 

 physically disturbed by earthmoving activities, as well as 

 areas where vehicle movement, off-loading of equipment, 

 rehabilitation, etc., may be reasonably anticipated. For 

 consistency among SMA's, a standard 10-acre survey area 

 centered on the well site, plus access road and ancillary 

 areas is the norm. Lessees/operators are encouraged to 

 notify the BLM and the involved SMA if they intend to 

 survey less than 10 acres. Operators that choose to survey 

 less than the norm assume a greater risk of incurring 

 possible delays and expense due to the need for additional 

 survey resulting from relocation or adjustment of the well 

 site, or inadequate survey area or report. The lessee/ 

 operator may choose to survey areas larger than 10 acres 

 to provide a greater degree of flexibility for siting of 

 facilities and to further reduce the possibility of an 

 additional survey. 



C. Authorized Cultural Resource Professionals 



SMA's evaluate and permit cultural resource 

 professionals in accordance with appropriate Federal 

 guidelines. A list of known cultural resource specialists 

 or firms who can readily obtain or currently hold the 

 necessary cultural resource permits, may be obtained at 

 the appropriate local office of the involved SMA. Cultural 

 resource consultants contracted by an operator must 

 consult the involved SMA prior to conducting any field 

 work. 



D. Split Estate 



The Bureau of Land Management, or other SMA if 

 appropriate, has the responsibility to consider the effects 

 of oil and gas undertakings on cultural resources on 

 private surface over leased Federal and Indian minerals. 

 The BLM or other involved SMA shall determine if a survey, 

 evaluation, or mitigation of significant cultural resources 



is appropriate. Copies of relevant survey and mitigation 

 reports will be available to the landowner, and all collected 

 artifacts will be returned to the landowner after a 

 reasonable study period. 



When a survey is required, the lessee/operator will be 

 responsible for obtaining access tor property of a surface 

 owner. However, if the private surface owner objects to 

 either the survey or mitigation procedures, these actions 

 will not be performed. A written statement to that effect 

 should be obtained from the surface owner; but, in any 

 event, documentation of the reasons for the lack of survey 

 and mitigation will be submitted by the lessee/operator 

 to the BLM or the involved SMA. Inability to obtain 

 permission to conduct a survey when required or to 

 perform necessary mitigation does not relieve BLM or 

 other SMA, if appropriate, of Federal agency responsibility 

 as required by Section 106 of th National Historic 

 Preservation Act (as implemented in Title 36 CFR Part 

 800). The BLM and/or other SMA, if appropriate, must 

 still consult with the SHPO and as necessary, the ACHP, 

 to determine what additional steps are necessary to fulfill 

 its legal obligation. Operators should be aware of the 

 potential for delays in project approval if such extended 

 consultation is needed. 



When the private surface owner refuses entry for survey, 

 the lessee/ operator shall use its best efforts to conduct 

 its approved operations in a manner that avoids adverse 

 effects on any properties which are listed, or may be 

 eligible for listing, in the NRHP. 



E. Snowcover 



For consistency among SMA's, at least 70% of the area 

 of proposed lease operations must be visible at the time 

 of survey. Exceptions may be allowed in situations such 

 as leases expiring within 30 days of the initiation of the 

 NOS or APD process, offset discovery, options, farm-out 

 requirements and rig availability. However, there is no 

 guarantee in any particular situation, that exceptions will 

 be allowed. The major factor in this decision is the potential 

 for adverse effect of the proposed action on cultural 

 resources listed or eligible for listing in the NRHP. Lessees/ 

 operators are encouraged to survey an adequate number 

 of locations when the ground is free of snow to support 

 their winter drilling program, considering alternate sites 

 and other contingencies. 



F. Evaluation, Reporting and Mitigation Measures 



1. Reporting 



The report shall: document survey methods; 

 describe the survey area, including a map of the 

 survey area (7.5 minute USGS quad sheet preferred) 

 and cultural resource site maps at an appropriate 

 scale; document cultural resource sites, site 

 evaluations, and proposed mitigating measures. 



2. Evaluation 



Cultural resources located during the survey shall 

 be evaluated using NRHP criteria (Title 36 CFR Part 

 60) to determine the need for mitigation. Evaluations 

 shall be sufficient to determine eligibility for inclusion 

 in the NRHP and to make decisions concerning 

 mitigation. 



3. Mitigating Measures 



The primary mitigating measure should be avoidance 

 of the site. If this cannot be accomplished, other 

 measures may be required, including recovery of the 

 cultural resource data. When cultural resource sites 



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