The BLM is legally mandated to identify, evaluate, and manage cultural resources under at least 10 federal laws and four presidential Executive Orders, most prominently the Antiquities Act of 1906, the NHPA of 1966, the NEPA of 1969, and the FLPMA of 1976, as amended, and Executive Order 11593. BLM Manuals 8100, 8110, 8120, and 8130 outline BLM policy and cultural resource program guidance. The BLM detailed its approach to managing National Historic Trails (NHTs) in the 1986 Oregon/Mormon Pioneer NHTs Management Plan. Although the Oregon/Mormon Pioneer NHT does not pass through the Planning Area, the plan (BLM 1986b) addresses overall concerns and management issues common to all NHTs. The BLM intends to revise the plan to meet current preservation needs.
In 1997, the BLM developed an agreement addressing means of complying with NHPA, expressed in the Programmatic Agreement Among the Bureau of Land Management, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers Regarding the Manner in Which BLM Will Meet Its Responsibilities Under the National Historic Preservation Act (BLM, ACHP, and National Conference of SHPO 1997). Pursuant to this national Programmatic Agreement, the BLM Wyoming State Office developed a specific process by which NHPA compliance is accomplished, detailed in the State Protocol Between the Wyoming BLM State Director and the Wyoming State Historic Preservation Officer (signed March 8, 2006) (BLM and Wyoming SHPO 2006). Apart from certain considerations derived from specific cultural resource statutes, management of cultural resources on public lands is primarily based on FLPMA, and is fully subject to the same multiple use principles and the same planning and decision making processes followed in managing other public land resources.
BLM Manual 8130, Planning for Uses of Cultural Resources (BLM 2004c) (incorporating Information Bulletin No. 2002-101, Cultural Resource Considerations in Resource Management Plans), expresses specific objectives for cultural resource management and provides minimum goals for cultural resource management in all RMPs.
Almost all the compliance investigations of prehistoric cultural resources in the Planning Area during the past 30 years have been associated with proposed development projects. Exceptions include a Class II inventory performed by the Worland District in the late 1970s that included the Planning Area. Smaller studies have sampled specific areas, such as rockshelters along the Big Horn Mountain Slope (for example, see Fenner and Kornfeld 2006).
Research concerning historic cultural resources in the Planning Area and surrounding region has included extensive attention to the major historic trails; thematic research and fieldwork concerning ranching and homesteading; recent preparation of an historic overview of one of the early automobile routes to Yellowstone National Park; historical overviews and documentation of early major oilfields and oilfield camps; historical overviews and evaluation of at least two railroads; and building surveys performed by Certified Local Governments (primarily in urban settings). Trails, abandoned railroad lines, oil field development, and stockherding campsites are often found on public lands. Other historic cultural resource types are more often found on private property or in urban settings. Outstanding rural historic resources in the Planning Area include Heart Mountain Relocation/Internment Camp, the Bridger and Bad Pass Trails, and associated sites. Funding limitations and the immediate need to comply with Section 106 in advance of development, particularly development for extractive industries, means that current research activities are generally conducted in reaction to potential impacts to specific prehistoric resources.
BLM Manual 8110, Identifying Cultural Resources, defines six use categories scientific use; conservation for future use; traditional use; public use; experimental use; and discharged from management. As noted in the manual, “A cultural property may be allocated to more than one use category … Allocations should be reevaluated and revised, as needed, when circumstances change or new data become available” (BLM 2004d).
The Planning Area contains outstanding prehistoric and historic cultural resources. There are 83 resources listed on the NRHP within Planning Area boundaries. Notable among these is the Hanson Site, which could be eligible for designation as a “World Heritage” site. Other notable resources include Medicine Lodge Creek, the Legend Rock Petroglyph site, Horner Paleoindian site, Black Mountain Archeological District, Paint Rock Canyon Archeological Landscape, Heart Mountain Relocation Historic District, and a number of rock shelters. Most historic-era resources are within town limits, with notable exceptions of Bates Battlefield, Bad Pass Trail, and Mason-Lovell, T E, and Worland Ranches. In addition to the cultural resources listed on the NRHP, 864 historic properties have been formally determined to be eligible for nomination to the NRHP.
Of the approximately 8,400 recorded cultural resources in the Planning Area, more than 6,400 recorded properties (or about 76 percent) have been evaluated for eligibility for nomination to the NRHP. These evaluations include sites that have been listed on the NRHP, sites for which the Wyoming State Historic Preservation Office (SHPO) has concurred with the evaluation, and others for which the evaluation is still in process. SHPO concurrence on NRHP evaluation is desirable, and while concurrence is not a foregone conclusion, in most cases SHPO will concur with agency determinations of eligibility. Eligibility for nomination to the NRHP is a major threshold for management consideration of the sites, as discussed below. Cultural resource properties that have been formally evaluated can be assigned to one or more of the BLM resource use classifications, but the more than 1,850 cultural resources that have not been formally evaluated for NRHP eligibility can only be assigned to use classifications in a general or categorical sense, as described below.
“Scientific Use” implies that the value (or a value) of the property lies in information that can be extracted from the property. This use category usually corresponds to NRHP Criterion D, which recognizes the value to society of properties that can yield or have yielded information important in expanding understanding of history or prehistory. Archeological sites are generally evaluated under this criterion, although other kinds of cultural resources might rarely also be evaluated under this criterion. The regulatory threshold for management of a cultural resource for its scientific values is eligibility for the NRHP under Criterion D. Management opportunities include in-place preservation and protection, or extraction of the scientific information by means of excavation and analysis. In the latter case, the physical cultural resource is at least partially destroyed, and the management requirement shifts to analysis and preservation of the information extracted from the site.
This use category applies to archeological resources that have been determined to be eligible for the NRHP under Criterion D, but it also applies to all archeological resources that have not yet been evaluated for NRHP eligibility. This use category does not apply to emigrant trails, railroads or historic roads, most buildings and other structures, historic graves, or sites of primarily commemorative value, including rock art sites, medicine wheels, possibly other stone alignments, and TCPs. This use category could also apply to historic archeological sites or the archeological components of building complexes or examples of extractive industry.
Manual 8110 (BLM 2004d) defines this category as “reserved for any unusual cultural property which, because of scarcity, a research potential that surpasses the current state of the art, singular historic importance, cultural importance, architectural interest, or comparable reasons, is not currently available for consideration as the subject of scientific or historical study that would result in its physical alteration.” This use category pertains to all cultural resources regardless of age or thematic associations, unless the resources have been formally determined to be ineligible for the NRHP under all of the NRHP Criteria for Evaluation. Sites that could be of scientific value, but are not immediate candidates for study under the “Scientific Use” category, will be managed under the “Conservation for Future Use” category. Because it is not feasible for the CYFO and the WFO to test all archeological sites and otherwise evaluate the NRHP eligibility of all of the recorded cultural resources in the Planning Area, conservation for future use effectively resolves into monitoring of other public land uses, evaluating specific proposed activities that might disturb specific cultural resources, controlling erosion of the resources, and actively stabilizing the resources as appropriate.
The Bighorn Basin includes a wealth of rock art sites that fit this category, particularly in terms of research potential and singular cultural importance. With a few exceptional cases where other uses have been explicitly identified (e.g., Legend Rock and Medicine Lodge Creek), rock art should be managed for conservation. Similarly, rock shelter sites also should be managed for conservation because of their potential to preserve exceptional chronological data in cultural deposits, and the possibility of including unique artifact types.
Traditional use of cultural resources is interpreted to mean use of the cultural resource by a specific social and/or cultural group that perceives the resource as important to its heritage. Cultural resources can include TCPs, which are properties critical to a living community’s beliefs, customs, and practices. TCPs can be topographical features; stone alignments, rock art, or other physical artifacts; sources of plants or other materials; or areas without obvious physical manifestation of the site’s cultural significance. The regulatory threshold for management of a property as a TCP is eligibility for listing on the NRHP under any of the Criteria for Evaluation, although Criterion A is most commonly appropriate for representation of an event or broad pattern in history. No resource has been specifically identified in the Planning Area as a TCP as defined in National Register Bulletin 38 (Parker and King 1998).
TCPs in Wyoming are most commonly associated with Native Americans. Because the tribes of the area were removed to reservations outside the Planning Area in the 1860s, the ensuing discontinuity of occupation and use of the Planning Area since then is likely to have resulted in loss of areas of critical importance to some living Native American communities. Rock art localities throughout the Bighorn Basin are likely candidates for the traditional use category (McCleary 2008). Protection and access limitations are recommended for most of these, with efforts made to direct public interest toward groupings that are already well known (e.g., Medicine Lodge Creek) or slated for interpretive development (e.g., Legend Rock).
Long-term preservation and onsite interpretation are most appropriate for cultural resources that have visually obvious manifestations of the site’s historical or archeological importance. This resource type is well represented by the extensive examples of rock art in the Planning Area. Although the type of onsite interpretation that invites public access to the site is usually not appropriate for cultural resources that can be easily vandalized or degraded, including most archeological sites that might be important for their scientific values, some sites are already well known and thus vulnerable to damage. The intent of interpretive efforts is that education will help preserve the site and similar examples.
All BLM-administered lands are managed for public uses of one kind or another, and there is no distinct regulatory threshold for managing cultural resources through long-term preservation and onsite interpretation. Considerations for management in this manner are (1) the relative significance of the resource within historical, archeological, or other cultural context(s), (2) the sensitivity of the cultural resource to loss or degradation as a result of increased public access, and (3) the ability of the BLM to install and maintain interpretive features and support facilities while protecting the cultural values of the site. Management under this use category is therefore likely to be driven more by practical considerations than by regulatory requirements. Onsite interpretation also is not appropriate for most Native American TCPs, because of the possible degrading effects of public presence on the setting and feeling of these locations.
Experimental use is rarely appropriate for cultural resources because of the singular, nonrenewable, and typically fragile nature of the resource. However, certain archeological sites, particularly rockshelters, that contain well-defined stratified deposits might be appropriate for management under this use category. Also, an archeological site where there has been past excavation or where looting has already adversely affected the integrity of part of the site, could be a candidate for experimental use. Certain lithic sources, particularly a primary source, could provide samples useful in identifying sources and possibly ages of lithic materials found in archeological sites over a wide region. The regulatory threshold for managing cultural resources for experimental use is likely to be eligibility under NRHP Criterion D, which involves the likelihood of yielding information important to expanding knowledge of history or prehistory. Archeological sites that could be adversely affected by development or other factors could also be candidates for experimental use as mitigation for the adverse effect. The BLM remains responsible for analyzing and protecting information obtained during mitigation of potential adverse effects to cultural resources.
This use category applies to any cultural resource the BLM and the Wyoming SHPO have determined to be ineligible for nomination to the NRHP. The Planning Area contains approximately 4,950 recorded cultural resources that have been determined to be ineligible for nomination to the NRHP, have been determined to be non-contributing elements of eligible properties, or have been destroyed. Sites placed in this use category “remain in the inventory, but they are removed from further management attention and do not constrain other land uses” (BLM 2004d).
The BLM’s primary challenge is to achieve a balance between protecting valuable cultural resources and simultaneously making other resources available within the context of multiple use. Pressures on cultural resources will likely increase from continued mineral resource development and direct and cumulative impacts will continue to degrade a percentage of the cultural landscape. Case-by-case inventory will prevent harm to individual sites, but the lack of comprehensive inventory coverage will continue to hamper broad-scale interpretation and assessment of cumulative effects. Inventories would probably continue at roughly 100 or more projects per year, with inventories covering approximately 2,000 acres per year. Impacts to resources for which mitigation measures could not be developed through consultation could be expected to occur once every 5 to 10 years. However, as oil and gas exploration and development increase, the potential conflicts related to cultural resources also will increase.
The demand for consumptive use of cultural resources through tourism and archeological research projects is low but is anticipated to increase through time. This reflects an increasing interest in history and recognition of the fragile nature of the resource. Historic trails, particularly those in the NHT system, could see increased visitation. Maintaining the historic setting is critical to providing a quality experience for visitors. The setting is an essential component in determining whether a particular trail segment contributes to the trail’s overall significance, and preservation of the viewshed through a buffer zone is a management goal. Setting is also an essential aspect of NRHP eligibility for other cultural resource types such as rock art and Native American sensitive sites and potential TCPs. However, it is not as important for some types of linear sites, such as canals and some roads. For example, preservation of viewshed through buffer zones is not necessary for the Black and Yellow or Park to Park highways.
American Indian concerns are becoming increasingly important as development pressures and awareness of four main issues increase. First, the Native American Graves Protection and Repatriation Act charges the BLM with establishing the cultural identity of human remains and returning them to the appropriate tribal group or reburying them according to their wishes; implementation of the Native American Graves Protection and Repatriation Act requires the BLM to consult with a broad spectrum of tribal authorities to determine the tribe to which the remains and materials should be repatriated. Second, American Indian religious concerns must be addressed through consultation with various tribes who have or historically had a presence in the area. While certain types of these cultural resources are recognizable by their physical characteristics, others can only be identified by the practitioners of the culture to which they are relevant through the consultation process and on-the-ground site visits. The third area of concern is the identification of areas where Indian Traditional Practitioners collect plants or minerals. The final issue is assurance of access to areas of traditional importance, as provided for by American Indian Religious Freedom Act. In some cases these resource areas might also be eligible TCPs requiring full compliance with NHPA Section 106.