Evaluation of Historic Properties. For each property that is identified within the APE as affected by any activity described as part of Stipulation I.A, the BLM, in consultation with the Consulting Parties, will determine NRHP eligibility pursuant to 36 CFR 800.4(c)(1). These may include properties of religious and cultural significance to Tribes or Tribal Organizations
i. Where resources are identified but will be avoided or protected by implementing Standard Protective Measures, the BLM may treat such resources as eligible for inclusion in the National Register without formal evaluation.
ii. The BLM will make determinations of NRHP eligibility based on the Evaluation Plan developed as part of the HPMP.
iii. The BLM may make determinations of NRHP eligibility prior to completion of the Evaluation Plan. The BLM will apply the criteria for evaluation found in 36 CFR
iv. XXX also acknowledges that Tribes and Tribal Organizations possess special expertise in assessing the eligibility of historic properties that may
v. The BLM will distribute determinations of NRHP eligibility to Consulting Parties, with confidential or sensitive information redacted pursuant to Stipulation IX.A below, for review and comment following 36 CFR 800.4(c) for a 30 day review period. The BLM will distribute determinations, at a minimum, during any of the regularly scheduled consultation meetings pursuant to Stipulation IV.E, or as necessary based on activities pursuant to Stipulation IV.A.
a. The BLM will concurrently request SHPO review and concurrence on the agency proposed determinations of eligibility.
b. The BLM will forward to the SHPO all comments received during the 30 day review and comment period.
c. After the 30-day comment period, the SHPO will have 10 days to provide any comments on the determination or concur with the BLM’s determination.
d. If the SHPO and BLM agree that the cultural resource is not eligible for listing in the NRHP, no further review or consideration under this Agreement will be required for such resources.
e. If the SHPO and BLM agree that the property is eligible, then effect determinations will be made in accordance with Stipulation IV.C.
f. If the SHPO and BLM do not agree on eligibility, the BLM will consult further with the SHPO. If agreement cannot be reached within 30 days, the BLM will obtain a determination of eligibility from the Keeper of the National Register (Keeper) pursuant to 36 CFR 800.4(c)(2) and 36 CFR Part 63. The Keeper’s determination will be final.
g. Pursuant t...
Evaluation of Historic Properties. General Guidance Region 5 shall use the National Register criteria (36 CFR 60.4) when making determinations of eligibility; and/or Region 5 evaluation strategies for specific types of cultural resources, or Forest procedures that are or have been approved by the SHPO (Stipulation 7.7). Region 5 may use NRHP evaluation procedures documented in thematic studies or cultural resource modules previously approved by the California SHPO as individual evaluation and management programs or under prior programmatic agreements. These thematic studies or modules shall be supplemented as necessary to include any additional resources not previously considered. These thematic studies and modules also may be used in Nevada if approved by the Nevada SHPO. Such studies and modules are adopted herein by reference or may be amended to this agreement pursuant to Stipulation 12.1.
Evaluation of Historic Properties. The Heritage Professional may determine a reevaluation is necessary if, for example, new information about the property becomes available.
Evaluation of Historic Properties. A. The historic properties identified as of October 1, 2020, are listed in Appendix B of this Agreement. In total, 644 archaeological sites have been recorded within the Oak Flat Federal Parcel (selected lands), GPO project areas, and the proposed tailings location for Alternatives 2, 3, 4, 5, and 6. Of these, 506 sites have been determined eligible for the NRHP, and 116 sites have been determined not eligible for the NRHP. Another 21 sites are unevaluated for NRHP eligibility. One site is exempt from Section 106 consultation because they are in-use gas pipelines, per the ACHP’s Exemption Regarding Historic Preservation Review Process for Projects Involving Natural Gas Pipelines (67 Federal Register 16,364, April 5, 2002).
B. The Forest Service shall evaluate cultural resources of traditional religious and cultural importance for NRHP eligibility in accordance with the criteria set forth in National Register Bulletin 38:
Evaluation of Historic Properties. A. Arizona BLM will ensure all historic properties identified within the APE, and that have not been previously evaluated for National Register eligibility or for which updated evaluations are deemed necessary, are evaluated using the National Register Criteria for Xxxxxxxxxx [00 XXX Part 60.4], BLM Manual 8110, Identifying and Evaluating Cultural Resources, BLM Manual 8140, Protecting Cultural Resources, the Secretary of Interior’s Standards and Guidelines for Archaeology and Historic Preservation [48 Fed. Reg. 447816], and National Register Bulletin 15.
B. Arizona BLM shall distribute determinations of NRHP eligibility to the Consulting Parties, subject to the provisions of Stipulation ___, for review and comment. The review and comment period will be 30 calendar days.
C. Following completion of the review and comment period, the eligibility determinations will be revised as necessary and forwarded, along with all comments received by Arizona BLM, to the appropriate SHPO with a request for review and concurrence on the final determination.
1. If the appropriate SHPO and Arizona BLM agree the cultural resource is not eligible for listing, no further review or consideration under this Agreement is required.
2. If Arizona BLM determines any of the National Register criteria are met and the SHPO/THPO agrees, the property shall be considered eligible for the National Register for the purposes of this Agreement.
3. If Arizona BLM and the SHPO/THPO do not agree on the eligibility determination, or it the ACHP requests, Arizona BLM will request a determination of eligibility for the Keeper of the National Register pursuant to 36 CFR 800.4(c)(2) and 36 CFR 63.
Evaluation of Historic Properties. A. HTNF, in consultation with the SHPO and other consulting parties as appropriate, shall make determinations of NRHP eligibility for all previously recorded (unevaluated) and newly discovered cultural resources within a Work Plan APE.
B. HTNF, in consultation with the Tribe, will make determinations of NRHP eligibility for historic properties of traditional religious and cultural significance. HTNF acknowledges that the Tribes possess special expertise in assessing the eligibility of cultural resources that may possess cultural and religious significance to them. HTNF may modify its eligibility determinations based on such consultation with the Tribe.
C. After consultation with the Proponent and Tribe, as appropriate, HTNF will transmit its determination of NRHP eligibility for the newly identified and unevaluated cultural resources to the SHPO for consultation.
1. HTNF’s transmittal must include details about consultation with the Tribe and the Proponent, including any comments that HTNF received.
2. The SHPO shall have thirty (30) calendar days from receipt to either concur with HTNF’s NRHP determinations (in whole or in part) or provide HTNF with its comments. HTNF will address comments from the SHPO. If the SHPO fails to respond within thirty (30) calendar days of receipt, HTNF will consider the determination final.
3. Once the SHPO concurs or fails to respond to HTNF’s transmittal concerning HTNF’s NRHP eligibility determinations, the determinations will be considered final.
4. HTNF will be responsible for informing the Tribe and Proponent of the final NRHP eligibility determinations within five (5) working days of SHPO concurrence.
Evaluation of Historic Properties. The BLM’s nPA allows more efficient (as opposed to case-by-case) consultation on the evaluation of cultural resources for National Register eligibility when the SHPOs and the BLM agree on the approach. That agreement, as expressed in this Protocol, allows the BLM to determine certain types of properties ineligible without seeking SHPO agreement on each resource determination. However, any BLM FM or CR Staff may contact the SHPO or DPO concerning ineligibility determinations when assistance or additional perspectives related to the decision would be helpful. In the case of this Protocol, the BLMs authority to determine that individual archaeological properties or built environment resources do not meet the eligibility criteria in 36 CFR § 60.4, is limited to the following procedures.
Evaluation of Historic Properties.
A. General Guidance The Forest Service will use the National Register criteria (36 CFR 60.4) when making determinations of eligibility; and/or evaluation strategies for specific types of cultural resources approved by SHPO. The Forest Service may use National Register evaluation procedures documented in thematic context studies previously approved by the SHPO as individual evaluation and management programs or under prior programmatic agreements. Such studies and modules are adopted herein by reference or may be amended to this agreement pursuant to Stipulation XXII. The adopted thematic context studies completed thus far include: Xxxxxx, X. Xxxxx 2002 PROSPECTS and PRODUCERS: Historic Context for Mining Properties, Chugach and Tongass National Forests, Alaska, 1850s – 1950s. Report prepared for US Forest Service, Contract No. 53-0109-1-00568, Juneau, AK. Xxxxx, K. Xxxxxx 2010 Everyone’s Cabin in the Xxxxx: Historic Context for Public Recreation Cabins in the Alaska Region – 1960-1971. Report on file, XX Xxxxxx Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxx, XX. Xxxxxx, Xxxxxxx 1995 The Civilian Conservation Corps (CCC) Historic Properties in Alaska: the Admiralty Island Civilian Conservation Corps Canoe Route, 1933 – 1937. National Register Multiple Property Nomination Form. Report on file, US Forest Service, Regional Office, Juneau, AK. Xxxxxxxxx, Xxxxxxxx 1972 A History of the Forest Service Role in Totem Pole Restoration and Preservation. Report prepared for XX Xxxxxx Xxxxxxx, Xxxxxxxx Xx. 00-000, Xxxxxx, XX.
B. Consensus and Expedited Determinations of Eligibility To facilitate the Forest Service’s determinations of eligibility when planning undertakings, and to improve accomplishments for determinations of eligibility under the Section 110 requirements of this Agreement, expedited evaluation protocols apply for the classes of cultural resources listed below, or for which protocols are detailed in programs or procedures previously approved by SHPO.
Evaluation of Historic Properties. 2 A. The historic properties identified as of June 6, 2019, are listed in Appendix B. In total, 3 721 archeological sites have been recorded within the Oak Flat Federal Parcel, GPO project 4 components, and the proposed tailings location for Alternatives 2, 3, 4, and 5. Of these, 523 sites have 5 been determined eligible for the NRHP, and 86 sites have been determined not eligible for the NRHP.
Evaluation of Historic Properties.
i. Properties will be evaluated for eligibility using criteria at 36 CFR 60.4. Historic properties that have been formally evaluated and have received SHPO concurrence of opinion for eligibility previously shall be covered under the terms of this PA. Cultural resources which have been identified, but have not been formally evaluated for eligibility to the National Register shall be treated as eligible historic properties under the terms of this PA given:
a. The property appears to meet eligibility criteria at 36 CFR 60.4 in the professional opinion of the Heritage Professional.
b. Integrity criteria are met.
c. The property type represents one for which a thematic context study has been completed and previously approved by the SHPO under prior consultations for eligibility (Appendix C).
