BLM_WY_Archeological_Collections_Policy_Memo_No__WY-2023-015_0001.pdf

September 13, 2023

In Reply Refer To:

8150 (930) I

EMS TRANSMISSION:

WY Instructional Memorandum No. WY-2023-015

Expires: September 30, 2025

To: District Managers, Field Managers

From: State Director

Subject: Archeological Collections Policy

Program Area: Cultural Resources

Purpose: This Instruction Memorandum (IM) outlines new Wyoming Bureau of Land Management (BLM

Wyoming) state policy relating to the collection of archeological resources.

Administrative or Mission Related: Administrative

Policy/Action: It is the policy of BLM Wyoming that collection of archeological resources is discouraged and that archeological resources that have tribal religious or cultural significance will not be collected prior to tribal notification as described in 43CFR7.7.

It is the policy of BLM Wyoming that collection of archeological resources (as defined by the 43CFR7.3(a)) will not occur on BLM Wyoming lands by any individual permitted under the Federal Lands Policy and Management

Act (FLPMA) in the form of a Permit for Archeological Investigations (PAI) without approval of the authorized officer. Standard permit condition Part 3 (k) attached to all PAI issued is rescinded and removed from all current existing permits. Cultural resource use permittees working on BLM Wyoming lands are no longer required to collect any artifacts from BLM surface or from subsurface tests as a part of their standard permit conditions.

Standard permit condition Part 3 (k) attached to all PAI is rescinded and removed from all current existing permits.

Cultural resource use permittees working on BLM Wyoming lands are no longer required to collect any archeological resources from BLM surface or from subsurface tests as a part of their permits. Artifacts located during shovel testing should be re-buried in the backfill of the shovel test unless otherwise instructed by an individual field office authorized officer.

Permittees must contact the authorized officer prior to collecting any archeological resources (either on the surface, or from shovel tests) that have “an imminent threat of loss or destruction”.

It is the policy of BLM Wyoming that tribal notification (under 43CFR7.7) prior to issuance of a permit for collection or excavation of archeological resources that may result in harm to, or destruction of, any tribal religious or cultural site on public lands to a non-BLM entity also applies to collection or excavation performed by BLM Wyoming staff. BLM Wyoming authorized officers whose staff propose to collect archeological resources from sites that have tribal religious or cultural significance must follow the notification procedures described in 43CFR7.7.

It is the policy of BLM Wyoming that authorized officers who make determinations (following 43CFR7.7(a)) that sites or archeological resources have “religious or cultural importance” to tribes defer to tribal representatives’ determinations. Authorized officers must also consider tribal representatives as subject matter experts for their respective cultures.

Timeframe: This IM is effective immediately.

Budget Impact: None.

Background: The regulations associated with cultural resources statutes (the National Historic Preservation Act, ARPA, NAGPRA) and BLM policy (BLM cultural resources Manual Series 8100) outline the procedures to follow if artifacts are collected, but do not specifically require the collection of archeological resources from federal surface. In addition, BLM Wyoming does not have a specific policy that requires collection of artifacts by

BLM staff or cultural resource use permittees. Prior to the issuance of the policy in this guidance, BLM

Wyoming had a specific permit condition (Part 3 (k)) attached to each cultural resource use permit (PAI), which states: Diagnostic archaeological materials shall be collected from public lands. All artifacts from shovel tests or auger probes on public lands shall be collected. Artifacts from private land shall not be collected unless a repository donation form has been signed by the landowner. The permit condition required permit holders to collect artifacts in specific cases.

Tribal Historic Preservation Officers and tribal representatives who consult and coordinate with BLM Wyoming decision makers consistently object to the collection of any artifacts, archeological resources, human remains and associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony and have often requested that BLM halt the practice. In addition, BLM WY archeologists and decision makers shifted away from the practice in general as the collections at the University of Wyoming currently contain over 1 million artifacts from BLM lands. BLM Wyoming’s artifact repository, the University of Wyoming, has consistently requested that BLM reduce the amount of artifacts that BLM curates due to space, staffing and monetary concerns. This policy acknowledges and addresses those concerns.

Pages of Manual/Handbook Sections Affected: None – BLM Wyoming specific standard condition Part 3 (k) attached to all PAI is rescinded and removed from all current existing permits.

Instruction Memorandums Affected: None.

Coordination: This IM was coordinated with the Wyoming Leadership Team.

Contact: For questions, please contact the BLM Wyoming State Office, Deputy Preservation Officer, Denise

Tugman, (307) 775-6017 or Tribal Liaison, G.L. “Buck” Damone III, (307) 684 1042.

Signed by: Authenticated by:

Andrew Archuleta Sarah Garcia

State Director State Directors Office