What Happens to a Cultural Report Once it is Sent to BFO?

1. What Happens to a Cultural Report Once it is Sent to BFO?

2. 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

3. 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

4. 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

5. 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.)

6. 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

7. 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

8. 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

9. 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

10. BFO Determinations • Determinations of eligibility • CRUPs 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 effect • Are the legal responsibility of BFO • Pertain to the entire project

11. 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

12. “No Historic Properties Affected”(Site is eligible under criteria “d” and is avoided)

13. “No Historic Properties Affected”(site is not eligible, and is impacted)

14. “No Adverse Effect”(Site is Eligible, Non-contributing portion is impacted)

15. “Adverse Effect”(Site is Eligible, contributing portion is impacted)

16. “Adverse Effect”(Site is Eligible under criterion “a”, has historic structures, and retains integrity of setting)

17. 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

18. 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.

19. 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

20. 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

21. 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