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2361.24 - Integration With Planning.

1. Project Review. Forest Supervisors shall see that the following steps are carried out in the project planning process:

a. Immediately after the Forest has received its tentative fiscal year budget, Districts will complete their review and propose specific projects and targets. Those projects that may have the potential to affect cultural resources are undertakings which require consultation under 36 CFR 800. Projects determined to be undertakings will be entered on form R3-FS-2300-8, Clearance Tracking Form (CTF).

b. Projects that do not have the potential to affect cultural resources are not considered undertakings. Where there is doubt about the potential to affect cultural resources, consult the Forest Archeologist. In questionable cases, the Forest Archeologist will, as necessary, recommend to the Forest Supervisor that the SHPO be consulted.

c. Some activities that involve limited ground disturbance and generally do not have the potential to affect cultural resources are listed below. Inclusion of an activity in this list does not mean that it is automatically not an undertaking and exempt from survey and consultation requirements. The Forest Archeologist should be consulted in questionable cases, and decisions in questionable cases should be documented.

(1) Activities that involve less than 1 square meter of cumulative ground surface.

(2) Activities where previous natural or human disturbance has modified the landscape so extensively that the likelihood of finding cultural resources is negligible, for example, vertical expansion of existing pits.

(3) Activities within stream channels, below the Transition Line.

(4) Maintenance, reconstruction, or replacement of existing facilities, for example, cattleguards, gates, fences, culverts, stock tanks, which do not involve additional ground disturbance.

(5) Tenant-type maintenance of administrative sites.

(6) Resource maintenance activities not involving surface disturbance or surface disturbance sufficient to expose mineral soil, for example, timber stand improvement by hand, precommercial thinning by hand

(7) Installation of sign posts and survey monuments, other than in known sites.

(8) Routine trail maintenance that does not involve new ground disturbance or known sites.

(9) Personal use, hand-excavated wilding permits that cover large areas, for example, District wide.

(10) Personal use fuelwood permits that cover large areas, for example, District wide, LMP area wide, or 10-K blocks, or that cover previously surveyed timber sale areas or other areas above the Transition Line where activity is dispersed.

d. The Forest Archeologist shall always be consulted in determining whether or not the following projects are undertakings. Beginning with FY 1988, decisions that these projects are not undertakings shall be documented on form R3-FS-2300-4, IS&A, and an information copy shall be provided to the SHPO. Several projects of a similar type (for example, road maintenance projects) may be included in a single IS&A. The IS&A form should clearly state that these projects are not undertakings and no consultation is required.

(1) Hand-constructed fences, that is, new construction, relocation, or realignment.

(2) Routine road maintenance where work is within previously maintained surfaces, ditches, and cut and fill slopes and where there are no known sites or high site density areas. When road projects are determined to be undertakings and cleared, the initial clearance recommendation to the SHPO should cover current and subsequent routine maintenance as described above.

(3) Hand planting above the Transition Line.

e. In accordance with the Settlement Agreement, the following activities are undertakings subject to consultation; however, these activities may not require 100 percent survey, or anysurvey, based on the intensity of their impact, review of cultural resource information, and SHPO consultation.

(1) Prescribed burns.

(2) Wilding sales other than those listed in item c.

(3) Fuelwood permits and sales other than those listed in item c.

f. Alterations of historic structures are undertakings subject to 36 CFR 800 consultation requirements.

g. Emergency actions taken to protect life or property are not considered undertakings subject to immediate consultation.

2. Annual Survey Plan. As early as possible, and by December 31 of each year, submit to the SHPO a list of new undertakings planned for thecurrent fiscal year, including project name, location, approximate acreage, nature of the undertaking (if not evident from project name), proposed start date, and a map if available. For each undertaking, specify survey intensity, methods, and type of personnel if known (professional or paraprofessional). Include documentation for activities in item 1.d. above determined not to be undertakings.

3. Conduct of Surveys. Conduct surveys in accordance with the standards in FSM 2361.22b and FSH 2309.24, chapter 10. Consult with the SHPO in developing sampling designs.

4. Consultation Requirements. Follow the consultation requirements in 36 CFR 800.

a. Provide notification of survey findings to persons and parties interested in an undertaking and its possible effects on cultural resources (36 CFR 800.4(d)).

b. Submit survey reports to the SHPO in accordance with consultation requirements contained in 36 CFR 800 as outlined below:

(1) Cultural resources present, adverse effect or no adverse effect. Allow the SHPO 30 days from receipt of the report to respond. Follow the requirements specified in 36 CFR 800 for consultation with the Advisory Council on Historic Preservation (ACHP).

(2) Cultural resources present, no effect. Allow the SHPO 15 days from receipt of the report to respond.

(3) No cultural resources present. Forward an information copy of the survey report to the SHPO and proceed as follows:

(a) One hundred percent surveys. Subject to agreement with the SHPO, the Forest Supervisor may approve cultural resource clearance and immediately forward an information copy of the report to the SHPO. In the absence of such an agreement, allow the SHPO 15 days to review the report prior to approving cultural resource clearance.

(b) Less than 100 percent surveys. Allow the SHPO 15 days or other agreed upon period of time to review the report prior to approving cultural resource clearance.

c. Failure of the SHPO to respond within the specified time frames constitutes agreement with the Forest Supervisor's findings. Document receipt of SHPO comments or failure to respond on form R3-FS-2300-8, CTF.

5. Undertaking Implementation. Take steps to assure close coordination and monitoring throughout undertaking implementation.

a. When cultural resource clearance has been approved by the Forest Supervisor, the undertaking may proceed. Consultation requirements must be completed and clearance approved prior to advertising a contract, issuing a special use permit or lease or giving line officer approval to proceed with force account undertakings. Any required monitoring or special conditions of clearance will be identified, as well as the person(s) responsible for completing it.

b. Include a copy of form R3-FS-2300-4, IS&A, in the project folder for all undertakings. Reports and maps containing site information should be incorporated by reference only, to protect confidentiality of site locations.

c. A copy of the cultural resources report map (FSH 2309.24, ch. 10) will be given to the contractors, lessees, or permittees conducting a ground disturbing project, but will not be made available to the public. Other information to be provided contractors, lessees, and permittees is specified in FSM 2361.28.

d. Ensure that agreed upon plans to protect sites and mitigate adverse effects are implemented. Procedures for the protection and monitoring of sites during undertakings are contained in FSM 2361.28.

6. Newly-Scheduled Undertakings. Undertakings not included in the Annual Survey Plan will be treated programmatically as follows: review projects against existing inventory data and documentation on file with the Forest and proceed with a 100 percent survey. Subsequent consultation will occur in accordance with item 4 above. For undertakings where less than 100 percent survey is proposed, initial consultation with the SHPO on sampling designs must occur. For activities listed in item 1.d above and determined not to be undertakings, forward documentation to the SHPO for information.

7. National Environmental Policy Act (NEPA) Requirements. NEPA documents must reference cultural resource considerations.

8. Program Budget Planning. Funds for project-related cultural resource inventories are to be planned within the benefiting element using P&M 074 function and proper MIH codes. Program-related inventories and backlog should be planned within the recreation element using P&M 074 function. Mitigation will be funded through the benefitting function.

9. Ten-Year Timber Offering Schedule. The Forest Archeologist shall participate in the Forest's annual review of the 10-Year Timber Offering Schedule, which should occur in January or February. The Forest Archeologist shall be informed of all proposed sales by year and location and will review this information in terms of previous survey data and existing predictive models to determine what survey intensity will be necessary for the proposed sales. As part of this process, the Forest Archeologist will provide input on known or predicted site densities in proposed sale areas and make recommendations to prevent excessive scheduling of sales in high site density zones in a given year.

2361.25 - Nomination Procedures.

1. For each full-time professional cultural resource specialist (PCRS) employed by a National Forest in its cultural resource management program, the Forest shall submit two site nominations to the National Register of Historic Places each year, or the Forest may submit one multiple property (thematic, multiple resource, or district) nomination each year.

Two or more Forests may jointly (or through the Regional Office) prepare a multiple property nomination to cover resources that occur on each. A different submission schedule for specific multiple property nominations may be agreed to in writing between the Forest(s) and the SHPO.

2. Notify the Regional Forester of any proposed multiple-property nominations of cultural resources located above the Transition Line so that the Regional Forester can notify the National Forests Products Association in accordance with the Settlement Agreement.

3. A nomination returned by the Keeper of the National Register for technical inadequacy will be reviewed and resubmitted within 90 days, weather permitting.

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