When a proposed discretionary land use has potential for affecting the characteristics which qualify a cultural property for the National Register of Historic Places (NRHP), mitigation will be considered. In accordance with Section 106 of the Historic Preservation Act, procedures specified in 36 Code of Federal Regulation (CFR) 800 will be used in consultation with the Wyoming State Historic Preservation Officer and the Advisory Council on Historic Preservation in arriving at determinations regarding the need and type of mitigation to be required.
The preferred strategy for treating potential adverse effects on cultural properties is “avoidance.” If avoidance involves project relocation, the new project area may also require cultural resources survey. If avoidance is imprudent or unfeasible, appropriate mitigation may include excavation (data recovery), stabilization, monitoring, protection barriers and signs, or other physical and administrative measures.
Reports documenting results of cultural resources survey, evaluation, and the establishment of mitigation alternatives (if necessary) shall be written according to standards contained in BLM Manuals, the cultural resource permit stipulations, and in other policy issued by the BLM. These reports must provide sufficient information for Section 106 consultation. Reports shall be reviewed for adequacy by the appropriate BLM cultural resource specialist. If cultural properties on, or eligible for, the NRHP are located within these areas of potential impact and cannot be avoided, the authorized officer shall begin the Section 106 consultation process in accordance with the procedures contained in 36 CFR 800.
Mitigation measures shall be implemented according to the mitigation plan approved by the BLM authorized officer. Such plans are usually prepared by the land use applicant according to BLM specifications. Mitigation plans will be reviewed as part of Section 106 consultation for NRHP eligible or listed properties. The extent and nature of recommended mitigation shall be commensurate with the significance of the cultural resource involved and the anticipated extent of damage. Reasonable costs for mitigation will be borne by the land use applicant. Mitigation must be cost effective and realistic. It must consider project requirements and limitations, input from concerned parties, and be BLM approved or BLM formulated.
Mitigation of paleontological and natural history sites will be treated on a case-by-case basis. Factors such as site significance, economics, safety, and project urgency must be taken into account when making a decision to mitigate. Authority to protect (through mitigation) such values is provided for in FLPMA, Section 102(a)(8). When avoidance is not possible, appropriate mitigation may include excavation (data recovery), stabilization, monitoring, protection barriers and signs, or other physical and administrative protection measures.