The Extent of BLM Responsibility over Actions Occurring on

Non-Federal Lands: Cultural Resources

Proposed Projects on Non-Federal Lands

Two key elements influence the scope of BLM’s responsibility:

1: BLM’s legal/regulatory role

2: The extent to which the decision concerning the Federal action impacts non-

Federal lands

Proposed Projects on Non-Federal Lands

Right-of-Ways

The BLM’s responsibility for identifying and protecting non-Federal cultural resources is

limited by the degree to which BLM decisions determine or control the location

of surface disturbing activities.

Proposed Projects on Non-Federal Lands

When doesn’t the BLM require cultural inventory on non-Federal lands?

If project crosses public land only occasionally, or lies predominantly off public

lands

Proposed Projects on Non-Federal Lands

When does the BLM require cultural inventory on non-Federal lands?

Split EstatePublic Lands Essential or UnavoidableProject Begins or Ends on Public Land

Plan of Development on Split Estate

Proposed Projects on Non-Federal Lands

Public Lands Essential or Unavoidable

Proposed Projects on Non-Federal Lands

Project Begins or Ends on Public Land

Proposed Projects on Non-Federal Lands

Proposed Projects on Non-Federal Lands

When doesn’t the BLM require cultural inventory on non-Federal lands, but still

has some responsibility?

Geophysical

Geophysical Exploration

Proposed Projects on Non-Federal Lands

Geophysical Exploration

BLM will make a reasonable and good faith effort to identify National Register-Eligible or

listed historic properties on non-Federal lands through:

Examination of existing records

On the ground inventory (only at the request of the non-Federal landowner)

Geophysical Exploration

The BLM will ensure the geophysical operator will inform non-Federal landowners of their right to request a cultural resources inventory.

BLM will also ensure that historic properties are not adversely affected by the geophysical project activities.

Cultural resource inventories conducted specifically for geophysical exploration projects will not be required to evaluate identified properties provided the properties are avoided by an appropriate distance as defined in BLM Handbook H-3150.

According to BLM H-3150:For protection of rock art and standing structures:

A distance of 300 feet, under normal operating conditions, is recommended to ensure that the 0.75 in./sec. threshold will not be exceeded.

For other historic properties, a general guideline is avoidance of 100 ft.

Geophysical ExplorationAdequate Historic Property Avoidance Distances

Geophysical ExplorationDetermining Area of Potential Effect

1. Historic Properties present2. Type of Operation

Factors to consider are:a. Surface Modificationb. Vibrationsc. Compactiond. Crushinge. Blastingf. Vehicular Traffic

BFO – BLM Section 106 Obligations

for Uranium Exploration and

Mining

http://upload.wikimedia.org/wikipedia/en/d/df/Susquehanna_steam_electric_station.jpg

Overview of BFO Section 106 Obligations for Uranium Exploration and Mining The BLM cooperatively analyzes a project with the Nuclear Regulatory Commission

(NRC) only if the BLM is processing the Plan of Operations (PoO) (refer to IM 2005-114: Clarification of Policy on Applying 43CFR3809 to Split Estate Lands).

• The BLM will process the Plan of Operations in these cases:1. Federal surface is involved anywhere within the PoO.2. If the operator does not have written consent of the surface owner to conduct

mining operations on Stock raising Homestead Act lands (43CFR3809.31d).3. On split estate lands other than the Stock raising Homestead Act lands

(43CFR3809.31e). Otherwise, Nuclear Regulatory Commission (NRC) is lead agency on split estate.

Obviously, we manage (most of) the mineral estate within the BFO boundaries and have a working knowledge of current undertakings. Therefore, we will answer questions from contractors about pending cultural resource inventory reviews, current eligibility status of sites and other file search needs, whether we are the lead agency or not.

Direct Impact:- Avoidance- Data Recovery

Setting (properties eligible under criteria a, b, c):

- Facilities painted appropriate environmental colors- Reduce number of roads- Grouping of facilities- ?????? Others

Impact Mitigation Strategies for Historic Properties from

Uranium Exploration and Mining