B08_Attachment_7_2026_BLM_CO_Guidelines_and_Procedures.pdf

U.S. Department of the Interior Bureau of Land Management

Guidelines and Procedures for Inventory, Evaluation, and Treatment of Cultural Resource Sites Colorado State Office, February 2026

GUIDELINES AND PROCEDURES FOR INVENTORY, EVALUATION, AND

TREATMENT OF CULTURAL RESOURCE SITES

Bureau of Land Management, Colorado

Approved by:

Doug Vilsack

State Director, Colorado

UNITED STATES DEPARTMENT OF INTERIOR

BUREAU OF LAND MANAGEMENT

COLORADO STATE OFFICE

February 2026 i

TABLE OF CONTENTS

I. Purpose and Objectives II. Authorities III. Glossary of Terms IV. List of Bureau of Land Management Manuals for Cultural Resource Management V. Permit Procedures for Archaeological Investigations

A. Types of Permits

1. Survey and Recordation

2. Limited Testing and/or Collection

3. Excavation and/or Removal

4. Combination of Activities

B. Permit Application

1. Organizational Qualifications

2. Individual Qualifications

3. Cultural and Geographic Area Experience

4. Qualifications of Proposed Curatorial Facility

5. Certification by Curatorial Facility

C. Permit Modification or Renewal D. Application Review and Evaluation E. Permit Areas F. Permit Numbers G. Fieldwork Authorization H. Pre-Field Check-In I. Post-Field Check-In J. Annual Permit Reports to the State Office K. Outreach

VI. Inventory A. Objectives B. Classes of Inventory

1. Class I

2. Class II

3. Class III

4. Reconnaissance survey

C. Determination of Level of Inventory D. Minimal Area to be Surveyed

1. Rights-of-Way

2. Coal

3. Oil and Gas

4. Geophysical

5. Indirect APE

E. Level and Intensity of Inventory and/or Monitoring F. Inventory Field Methods ii

G. Recording Cultural Resources H. Digital Data Management Specifications I. Evaluation J. Reporting Process and Standards

1. Negative findings

2. Positive findings with no effect to cultural resources

3. Positive findings with effects to cultural resources

VII. Collection and Curation

1. Collection

2. Curation

VIII. Resolution of Adverse Effect A. Treatment Options

a. Avoidance

b. Minimization

c. Mitigation

B. Treatment/Mitigation Plans IX. Discoveries

A. Post-Review Discoveries B. Discovery of Human Remains or NAGPRA Cultural Items C. Discovery of an Active ARPA Violation

X. Emergencies XI. Other General Standards that Apply to Land Uses XII. Appendices

A-1

I. PURPOSE AND OBJECTIVES

This document addresses cultural resource standards and guidelines and provides direction to Bureau of Land Management (BLM) cultural resource specialists, prospective or current archaeological investigations permittees (herein referred to as permit holders or permittees), other Federal agencies, and commercial developers (herein referred to as project proponents).

The requirements that are discussed here and in BLM Manual Series 8100 (https://www.blm.gov/policy/manuals) regarding cultural resource policy are to be used by applicants or permit holders to conduct cultural resource work for a Federal undertaking or independent scientific study. This information is also used by the BLM to guide its own cultural program and by permit holders and project proponents to understand the scope and requirements that they may have to undertake in carrying out the stipulations attached to leases and permits under which they may be working.

The BLM requires that the permit holder of a Permit for Archaeological Investigations (PAI;

previously known as cultural resource use permits or CRUPs) carry out the terms and conditions of the permit or face suspension or revocation of the permit. For a project proponent to proceed with a project, the permit stipulations must be completed. Signing the permit indicates acceptance of these responsibilities.

The BLM will provide necessary guidance to both permit holders and project proponents regarding legal and regulatory requirements and cultural resource management. The BLM is not an arbitrator between permit holders and project proponents with business disputes. The BLM strongly suggests that the two business entities develop explicit contracts between themselves prior to any PAI application or issuance.

The BLM is required by law and regulation to ensure that Bureau-initiated or Bureau-authorized actions do not inadvertently harm or destroy cultural resources. Because most cultural resources are unidentified, irreplaceable, and highly sensitive to ground disturbance, it is necessary that the resources are properly identified, evaluated, and reported prior to any proposed action that might affect their integrity or condition. All cultural artifacts and other related materials such as notes, photographs, GIS, GPS, and other digital data, etc. from public lands remain the property of the U.S. Government.

II. AUTHORITIES

Other guidance provided for the identification, evaluation, treatment, and management of cultural resources on BLM lands can be found 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 (as amended in 2025). [Also see “BLM Manual 8100 The Foundations for Managing Cultural Resources” for listing and description of applicable historic preservation laws.]

In Colorado, specific guidance is provided by the:

• State Protocol Agreement Between the Colorado State Director of the Bureau of Land

Management and the Colorado State Historic Preservation Officer Regarding the Manner in which the Bureau of Land Management will meet its Responsibilities under the National https://www.blm.gov/policy/manuals

Historic Preservation Act and the 2012 National Programmatic Agreement Among the BLM, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers (Protocol or Protocol Agreement; subject to amendment);

• Office of Archaeology and Historic Preservation (OAHP) Colorado Cultural Resource Survey Manual;

• Colorado OAHP Cultural Resource Report Forms and Guidelines; and

• General Colorado historic and prehistoric context documents, as well as specific context documents, many of which can be found here: www.historycolorado.org/historic-prehistoric-contexts.

III. GLOSSARY OF TERMS

Area of potential effects: the geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties, if any such properties exist. The area of potential effects is influenced by the scale and nature of an undertaking and may be caused by the undertaking.

Cultural landscape: a cultural landscape is a geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with an historic event, activity, or person, or exhibiting other cultural or aesthetic values (NPS Preservation Briefs 36, “Protecting Cultural Landscapes: Planning, Treatment and Management of Historic Landscapes”).

Cultural resource or cultural property: a definite location of human activity, occupation, or use, normally greater than 50 years of age, identifiable through field survey, historical documentation, or oral evidence. The term includes archaeological, historical, or architectural sites, structures, places, or sites or places with important public and scientific uses, and may include definite locations (sites or places) of traditional cultural or religious importance to specified social and/or cultural groups (cf. “traditional cultural property”). Cultural resources are concrete, material places and things that are located, classified, ranked, and managed through the system of identifying, protecting, and utilizing for public benefit described in laws, regulations, and the BLM Manuals.

Definite location: having discernible, map-able, more-or-less exact limits or boundaries, on a scale that can be established by a survey crew using conventional sensing and recording equipment, by an informant’s direct on-the-ground indication, or by precise placement in a documentary source (see “cultural resource or cultural property”).

Direct effect: refers to the causality, not the physicality, of the effect to historic properties.

This means that if the effect comes from the undertaking at the same time and place with no intervening cause, it is considered “direct” regardless of its specific type (e.g., whether it is visual, physical, auditory, etc.). Pursuant to 36 CFR § 800.5(a)(1), such effects must impact “…any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association.”

Field office standards and procedures: procedures and reporting standards for permit holders conducting projects under a Permit for Archaeological Investigations that supplement standards and procedures in this document and are maintained by individual BLM field offices or districts.

Historic property: any prehistoric or historic district, site, building, structure, or object included in, http://www.historycolorado.org/historic-prehistoric-contexts http://www.historycolorado.org/historic-prehistoric-contexts or eligible for inclusion in, the National Register of Historic Places (NRHP). The term includes artifacts, records, and remains that are related to and located within such properties. The term “eligible” for inclusion in the NRHP includes both properties formally determined as such by the Secretary of the Interior and all other properties that meet NRHP listing criteria (National Historic Preservation Act [NHPA], 54 U.S.C. 300308 and 36 CFR § 800.16(l)(1)). (See also “cultural resource or cultural property.” Cultural resource or cultural property is an analogous BLM term not limited by NRHP status.) In Colorado, properties classified as “need data” are treated as if they are eligible for the NRHP.

Indirect effect: effects caused by the undertaking that are later in time or farther removed in distance but are still reasonably foreseeable. Pursuant to 36 CFR § 800.5(a)(1), such effects must impact “…any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association.”

Isolated find: a physical location of past human activity consisting of one or very few artifacts in a location that is interpreted as not representing patterned human behavior. [Note: The distinction between a site and an isolated find is, in many instances, difficult to quantify. The above definition does not operationalize the distinction, it merely provides guidance to the Field Offices. In practice, the operational concepts of site and isolated find will be explicitly defined by each Field Office Archaeologist and may, therefore, vary significantly from region to region within Colorado.

Each Field Office should be asked to provide their definition before entering the field.]

Large-scale projects: projects involving acreage of more than 160 acres with no sites, or any size acreage where sites are present. Test excavations, sample/full-scale excavations, and scientific research are considered large-scale projects. There is some flexibility in the use of this guideline according to project complexity.

Permit areas: permits are issued by four Colorado regions associated with counties and resource types: Plains, Mountain, Southwest , and Historic Mining Regions. See Appendix 5, which describes which counties fall within which regions.

Permit Holder/ Permittee: professional person that holds a BLM PAI.

Person: any individual, corporation, partnership, trust, institution, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the United States, or of any Indian Tribe, or of any State or political subdivision thereof. Although any "person" may apply for a permit, applicants and permittees are generally firms or organizations rather than individuals.

Proponent: operator, commercial developer, or any other party or organization proposing to conduct Federal undertakings for which BLM is the lead agency.

Section 106 consultation: refers to consultation between the BLM (or other Federal agency), the Colorado State Historic Preservation Office (SHPO), the Advisory Council on Historic Preservation (ACHP), Tribes, local governments, and other consulting parties, in accordance with Section 106 of the NHPA (54 U.S.C. 306108), and following procedures specified in the State Protocol Agreement.

Site: the locus of previous human activity (50-year age minimum) at which the preponderance of evidence suggests either one-time diagnostically interpretable use or repeated use over time, or multiple classes of activities.

Small-scale projects with limited results: linear projects that do not exceed four miles in length and/or block areas of 160 acres or fewer, with no sites, and a maximum of four isolated finds.

Traditional cultural property: a property that derives significance from traditional values associated with it by a social and/or cultural group, such as an Indian Tribe or local community.

See “cultural resource or cultural property” and “definite location.” A traditional cultural property may qualify for the NRHP if it meets the criteria and criteria exceptions at 36 CFR § 60.4 (see National Register Bulletin No. 38).

Undertaking: a term with legal definition and application i.e., “actions carried out by or on behalf of the agency; those carried out with Federal financial assistance; those requiring a Federal permit, license, or approval; and those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency” (see 54 U.S.C. 300320; 36 CFR § 800.16(y)). The NHPA does not apply to actions subject to State or local regulations. Most land use authorizations approved by BLM, as well as BLM-funded projects, are undertakings for purposes of Section 106 of the NHPA (54 U.S.C. 306108).

IV. LIST OF BUREAU OF LAND MANAGEMENT MANUALS FOR CULTURAL RESOURCE

MANAGEMENT

8100 THE FOUNDATIONS FOR MANAGING CULTURAL RESOURCES

8110 IDENTIFYING AND EVALUATING CULTURAL RESOURCES

8130 PLANNING FOR USES OF CULTURAL RESOURCES

8140 PROTECTING CULTURAL RESOURCES

8150 PERMITTING USES OF CULTURAL RESOURCES

8160 COLLECTIONS MANAGEMENT (reserved)

8170 INTERPRETING CULTURAL RESOURCES FOR THE PUBLIC

V. PERMIT PROCEDURES FOR ARCHAEOLOGICAL INVESTIGATIONS

A PAI is a land use authorization that the State Director or their designee issues to a qualified applicant, pursuant to BLM Manual 8150, for the purposes of carrying out various identification and/or data recovery operations on cultural properties that are located on BLM-administered lands. The PAI does not apply to non-Federal surface or to Federal surface managed by another agency or bureau. Although permits are not issued for consultants working on non-BLM-administered land under BLM requirements, BLM is responsible for the quality of work done to satisfy historic preservation requirements and may ask to review both the project proponent’s proposed choice of consultant and the adequacy of the work proposed and advise the proponent about adequacy of the qualifications and/or the work through official correspondence. The BLM must accept a consultant’s work product before completing the historic preservation review process and approving the proponent’s lands use application. At no time should a consultant use the permit as the mechanism to gain access to non-Federal surface. The proponent is responsible for obtaining landowner consent and access.

Permits are issued partly under the authority of Section 302(b) of the Federal Land Policy and Management Act of 1976 (FLPMA) and the procedures in BLM Manual Section 2920, but in contrast to other “2920 permits,” PAIs are nonexclusive, noncompetitive, minimum impact permits, and are not subject to Notices of Realty Action, filing fees, or cost reimbursement. PAIs are required for any person(s) performing cultural resource investigations on BLM-administered lands in Colorado. Permits are also issued under the authority of the Archaeological Resources Protection Act of 1979 (ARPA). PAIs are issued by the BLM Colorado State Office. For more information, contact the Colorado BLM (BLM_CO_CR_Permits@blm.gov).

The State Director or their designee is responsible for receiving permit applications; preparing case files; conducting technical and management reviews to ensure that all qualifying requirements are met; issuing, denying, modifying, suspending, and revoking permits; and maintaining current files.

Field Office Managers or their designee are responsible for conducting technical and management reviews of permit applications as requested by the State Director or their designee;

for making recommendations to the State Director or their designee, for permit issuance, denial, modification, suspension, or revocation; for notifying and consulting with affected Tribes; for monitoring work conducted under permits; and for issuing fieldwork authorizations.

Cultural Resource Specialists on State and Field Office staff are responsible for providing and documenting technical reviews and recommendations; for developing terms and conditions; for monitoring and documenting permittees’ technical performance; and for compliance with permit terms and conditions.

While the Colorado BLM encourages and requires participation by permittees at various stages of the Section 106 process, the Colorado BLM retains ultimate responsibility for complying with all requirements of the NHPA and its implementing regulations.

Permits may be issued to appropriately qualified applicants, provided the work proposed would further knowledge in the public interest, would not conflict with other legitimate or protected uses of the public lands and resources, and would not be inconsistent with any approved management plan, objective, or established policy applicable to the public lands concerned.

Because of the considerable amount of staff time it takes to review applications, prepare permits for approval, and monitor status, the Colorado BLM will not issue speculative permits. Applicants who are qualified for but denied a speculative permit will be informed in writing (see BLM Manual 8150.12.B.8) that an application for definite work will be processed promptly, and that denial under these circumstances does not reflect negatively on qualifications or performance (BLM Manual 8150.12.B.5.b). It is therefore preferable that a new applicant has a job in hand when applying for a permit.

Permits are not issued to other Federal agencies. Officially proposed cultural work may be authorized by a written agreement. Approval is subject to the same review process and considerations specified in Manual 8150. The written agreement can be a letter, subject to the mailto:BLM_CO_CR_Permits@blm.gov same special conditions applied to other permit holders, which must be referenced in the letter, with special conditions attached. Other Federal agencies are required to obtain a fieldwork authorization from the appropriate Field Office Manager prior to beginning fieldwork. An employee of another Federal agency, proposing to conduct off-duty personal research that would require a permit, is subject to the standard permit application process.

The terms and conditions that apply to all permits are listed in them and must be followed for all projects, or the permit may be suspended or revoked.

Additional Field Office standards and procedures are available at https://www.blm.gov/programs/cultural-resources/archaeology/colorado.

A. Types of Permits

Permit holders must be specific about the type of permit being requested in their application. The following uses are authorized:

1. Survey and Recordation

Survey and recordation activities may be authorized for applicants who propose to identify, evaluate, record, or conduct similar non-impacting studies of cultural properties that will not include excavation and/or removal of material remains or other significant disturbance of cultural properties. These types of permits are issued under FLPMA. In Colorado, no collection of artifacts is authorized by this type of permit. Minor subsurface probing (i.e. trowel or shovel tests) is authorized only to determine whether an archaeological resource exists, to define site boundaries, to assist in eligibility determinations, and/or to determine whether the identified location has archaeological interest (per ARPA and its regulations at 43 CFR § 7.3(a)(1)).

Probing should be strategic and methodical so that no more disturbance occurs than is necessary and must cease once it is determined that intact subsurface cultural deposits are present. Probing or shovel testing is not appropriate under a Survey and Recordation permit (FLPMA permit) when the presence of an archaeological resource is understood or has been established by the BLM or the permittee;

archaeological resources may only be examined further under authority of separate Limited Testing and Collection or Excavation and Removal permits (ARPA permit).

Survey and recordation permits may be issued on a regional or statewide basis for three years to facilitate Section 106 compliance inventories. First-time permit holders, or those who have not demonstrated an organizational history of work on BLM Colorado lands, are issued permits for one year only, until they have established a history of successful project completion.

2. Limited Testing and/or Collection

Limited testing and/or collection activities may be authorized for applicants who propose to conduct small-scale testing and/or systematic collection and removal of cultural materials during field identification, evaluation, and recording activities, so that the significance or research potential of a cultural property may be better understood but not substantially diminished. Work proposed under Limited Testing and/or Collection permits may be used to determine future mitigation strategies.

https://www.blm.gov/programs/cultural-resources/archaeology/colorado

These permits are issued under ARPA and/or the Antiquities Act.

Excavation of any cultural property beyond limited testing as proposed in an application and approved in the permit requires the issuance of a permit for excavation and/or removal (see item 3 below). Limited testing and/or collection permits require a determination of the need for tribal notification under the Native American Graves Protection and Repatriation Act (NAGPRA) or ARPA to establish whether the activity may cause harm to or destruction of sites having religious or cultural importance to Indian Tribes. These are project-specific permits.

3. Excavation and/or Removal

Excavation and/or removal may be authorized for applicants who propose to excavate and/or remove archaeological resources at a greater scale than the limited testing described above under item 2, with the result that the significance and/or future research potential of a cultural resource or resources may be substantially altered. These permits are issued under ARPA and/or the Antiquities Act.

Excavation/removal permits are restricted to specific project areas or specific cultural resources and are issued for the duration of the project. This category of permit includes major testing programs designed to answer research questions and to guide future excavations, including data recovery efforts. Ordinarily, excavation/removal permits will be issued only after Native American notification and consultation required by ARPA and NAGPRA has been completed, and a NAGPRA Plan of Action has been approved. The work is usually guided by a detailed treatment plan that has been reviewed and approved by BLM after consultation with the Colorado SHPO and Tribes.

4. Combination of Activities

A combination of cultural resource activities described in items 1 to 3 above may be authorized in a single permit, as appropriate, depending on the extent and nature of work proposed in the application. A permit may be modified to authorize additional activities, project areas, and/or cultural resources that were not specified in the permit at the time of issuance, subject to any requirements for prior tribal notification and/or consultation that may apply.

B. Permit Application

1. Any person may apply for a PAI by submitting an application (Appendix 1, DI-1926 Form) and required supporting documentation to the State Director or their designee.

There is no inherent right to a PAI on public lands managed by the BLM. Applicants should contact the Colorado BLM for information about how to apply. Applications must be submitted electronically to the BLM via email (BLM_CO_CR_Permits@blm.gov). The application should not be sent to the Field Office(s). Permittees must allow four weeks for processing of a survey permit request and six to eight weeks for processing of testing or excavation permit requests.

2. Applications must show that the work proposed will further the knowledge of cultural resources in the public interest.

mailto:BLM_CO_CR_Permits@blm.gov

3. Permits must not be used as a federal certification of consultants’ credentials, a license to practice, or a precondition for consultants to compete for industry jobs.

BLM Colorado will not issue speculative permits but may use the application process to provide a letter of qualification. If submitting a response to a BLM Colorado request for proposal, a consultant generally must hold a valid BLM Colorado PAI or show, with a letter of qualification, they are sufficiently qualified to obtain a permit.

The request for proposal should specify those requirements. The permit or letter of qualification must be consistent with the type and scope of work proposed.

4. The following list of minimum requirements will assist permit holders in preparing applications (see also Appendix 2, Individual Permit Qualifications Quick Guide).

a. Organizational Qualifications

i. Applications must show the applicant's organizational ability to accomplish work of the type and scope proposed. A summary of organizational experience must be submitted providing the following minimum information:

A. Statement of applicant's organizational ability to accomplish work, including:

1. Location(s) of facilities and equipment;

2. Description of facilities and equipment;

3. Organizational structure and staffing; and

4. Specification of which and to what extent facilities, equipment, and staff listed would be utilized.

B. Statement of applicant's organizational history in completing the type of work proposed, including:

1. Similar past projects;

2. Past government contracts;

3. Selected bibliography of project or contract reports and/or publications resulting from the previous two items;

4. Previous Federal permits held in the last three (3) years, effective dates of permits currently in force, and applications pending or planned.

C. Other pertinent organizational experience, such as research and special studies.

ii. If the applicant is a newly formed entity, any information that might take the place of information requested in items 1.a. and 1.b. above should be provided. In such cases, individual capabilities of personnel will carry greater weight in evaluation of organizational qualifications. Lack of an organizational history will not be the principal factor in a recommendation for permit denial.

b. Individual Qualifications

A resume and experience chart must be submitted for each principal investigator and field director proposed for listing on the permit, detailing the below qualifications (see Appendices 3 and 4, recommended resume and experience chart formats). Resumes and experience charts must not contain staff members’ personal addresses, phone numbers, email address, etc. as this is personally identifying information (PII). Only work contact information should be included on any submission to BLM. If PII is included, the application will be rejected.

The same individual may be proposed to perform any combination of permit administrator, principal investigator, and field director duties, provided that evidence is submitted to demonstrate that all pertinent qualifications are met.

i. Permit Administrator: Applications must include the name of the individual proposed to be responsible for carrying out the terms and conditions of the permit and otherwise complying with legal requirements applicable to the permitted activity. This individual must be legally empowered to obligate the applicant organization and must sign the application and any requests for modification or renewal. Unless this individual is also named under items 4.b.ii. and 4.b.iii. below, it is not necessary that this individual is professionally qualified as a Principal Investigator or Field Director.

ii. Principal Investigator/ Project Director: Applications must include the name of any individual(s) who would be responsible for planning, supervising, and overseeing the overall project, including responsibility for the professional quality of evaluations and recommendations. Principal investigators shall have primary accountability for technical completeness and competence of work conducted under the permit.

They are responsible for development of work plans and research designs, for performance of field directors, for selection standards and limitations on work assignments of crew members, for analysis and interpretation of field data, for integration of fieldwork results into comparative regional perspectives, and for preparation of reports.

Information must be included with the application to demonstrate that the individual has achieved the following qualification criteria:

A. Adequate professional instruction. This may be obtained in either of the following two ways:

1. Formal education resulting in a graduate degree in the appropriate discipline for the permitted activity, or

2. Formal education resulting in a bachelor's degree in the appropriate discipline for the permitted activity, plus at least two years (24 months) of pertinent, professionally supervised experience, with increasing responsibility leading to duties similar to those proposed in the application.

B. Competence in theory and methods, and in recording, collecting, handling, analyzing, evaluating, and reporting comparable data to what will be collected and analyzed by the permitted activity.

C. Ability to plan, equip, staff, organize, and supervise cultural resource management activities of the type and of a scale similar to what is proposed.

D. Ability to carry research to completion, as evidenced by timely completion of theses, research reports, final reports, etc.

E. Completion of at least 16 months of professional cultural resource management experience, including similar duties as proposed in the application. This experience must include at least four months (80 days) of experience with comparable cultural resources in similar cultural and geographical areas (see B.5. below). If equivalency is claimed under item 4.b.ii.A.2. above, the 16 months of experience required here is to be included in, not in addition to, the 24 months of experience required in item 4.b.ii.A.2. above.

iii. Field Director/ Crew Chief: Applications must include the name of the individual(s) that are responsible for carrying out field projects and are in the field when fieldwork is underway. Field directors (for the purpose of PAIs, synonymous with crew chiefs) are responsible for the technical quality of fieldwork, for the direct on-the-ground supervision of all aspects of fieldwork and data gathering, for proposing resource evaluations and recommendations for further treatment, and for preparing field records and descriptive reports. For each individual, information must be included with the application to demonstrate that the individual has achieved the following:

A. Adequate professional instruction, obtained either of the following two ways:

1. Formal education resulting in a bachelor’s degree in the appropriate discipline (anthropology/archaeology, history, architecture) and at least 12 months of pertinent professionally supervised experience, including similar duties to what is proposed in the application; or

2. Equivalent training and experience, including at least 30 months of professionally supervised experience, including increasing responsibilities leading up to responsibilities equivalent to those proposed in the application.

B. Competence in recording, collecting, handling, analyzing, evaluating, and reporting cultural property data, relative to the type and scope of work proposed.

C. Demonstrated ability to supervise activity of type and scope proposed.

D. Completion of at least four months (80 days) of professional cultural resource management experience with comparable cultural resources in similar cultural and geographic areas (see B.5.

below). This may be part of the experience required in item 4.b.iii.A.

above.

iv. Monitors: During some authorized land use activities, there may be a requirement for the presence of an archaeological monitor whose duties are to detect the presence of surface or subsurface archaeological resources, to make recommendations or decisions to halt authorized activities, and to recommend or implement certain tasks relating to identification, and evaluation, or recovery of discovered resources.

Project monitors who will be operating on their own in the field (without direct field director supervision) must meet qualifications B.4.iii.A. and B.

above. In addition, monitors must have at least one month (20 days) of professional cultural resource management experience with comparable cultural resources in similar cultural and geographic areas. Monitors must have at least 20 days of supervised experience in excavation methods. Excavation experience may be part or all of the one month of experience in a similar cultural or geographical area. Previous monitoring experience may take the place of any or all of these qualifications, on a case-by-case basis. Exceptions to these qualifications may be made in discussion with the BLM permit administrator (typically the Deputy Preservation Officer), depending on the type and scope of monitoring project.

v. Crew Members: Archaeological Crew Members may participate in archaeological surveys and excavations under the direct, on-site supervision of a qualified principal investigator or field director. The evaluation of qualifications of an applicant’s crew members will not be conducted by the BLM. Submission of names and experience is not required. However, the BLM expects reasonable competence and performance for each crew member. The permit holder, principal investigator, and field director are ultimately responsible for the quality of fieldwork and documentation performed under the permit.

5. Cultural and Geographic Area Experience

a. The completion of at least four months (80 days) of professional cultural resource management field experience in applicable cultural (precontact and/or historic) and geographical areas, or in areas of adjacent states involving similar cultural resources (Appendix 5, Regional and Cultural Field Experience by County) is required. The geographical area experience is based on the number of field days by project work (i.e. survey, excavation, and monitoring) and familiarization with resource type by county. At least 60 days of the qualifying experience must be related to the type of permit being applied for (survey work if applying for a survey permit or testing/excavation if applying for a testing or excavation permit). Additionally, at least 40 days of the qualifying experience must be within Colorado.

b. For purposes of evaluating professional work experience, 20 days constitutes one month. One workday of at least six hours in a 24-hour period counts as a single day. The resumes and experience charts (see Appendices 3 and 4) of personnel submitted with the application must clearly show the required information. Resumes must reflect the specific projects cited in the experience chart (see Appendix 3).

6. Qualifications of Proposed Curatorial Facility

a. Materials collected from BLM-administered lands under a testing and/or excavation permit, as well as associated records will be deposited in the following facilities unless otherwise noted in the permit:

i. Canyons of the Ancients Visitor Center and Museum: Canyons of the Ancients National Monument and the Gunnison, Tres Rios, and Uncompahgre Field Offices.

ii. Museums of Western Colorado: Colorado River Valley, Grand Junction, Kremmling, Little Snake, and White River Field Offices.

iii. Royal Gorge Regional Museum and History Center: Royal Gorge Field Office.

iv. No specified long-term facilities are available for the San Luis Valley Field Office. A no collection policy is currently in effect, unless specified in the permit or fieldwork authorization.

b. To the maximum extent possible, proposed curatorial facilities should meet the 36 CFR Part 79 standards and must satisfy the following minimum considerations, as applicable:

i. Adequate security;

ii. Adequate protection for the types of materials expected to be housed, such as climate control for perishable material remains;

iii. Adequate protection for records, data, photographs, and other documents;

iv. Adequate records/accessioning/retrieval systems, including full capability to account for materials;

v. Adequate provisions for scholarly access and study;

vi. Maintenance of physical plant insurance;

vii. Provision for permanent preservation, including transfer to a Federal or federally approved location in the event the facility should cease to exist;

viii. Adequate staffing; and

ix. Provision for granting qualified scholars reasonable access to records and collections for research purposes.

7. Certification by Curatorial Facility

a. Curation agreements are required for all limited testing and/or collection and excavation and/or removal permits. It is the responsibility of the permit holder to establish curation agreements with the appropriate repository(ies). The agreement(s) should be submitted to the BLM with the application or renewal request and must be in place before a permit is issued.

b. Each curation agreement must be signed by an authorized official of the proposed curatorial facility, detailing the facility’s willingness to accept collections, records, data, photographs, and other documents generated during the proposed term of the permit, and to assume permanent curatorial responsibility and accountability for such materials on behalf of the United States (U.S.) Government. The U.S. Government owns all collections and associated records. The permit holder is required to notify the curatorial facility of the term of the permit.

C. Permit Modification or Renewal

1. Application for modification of permits may be requested using the “Request for Modification of Permit for Archaeological Investigations” (Appendix 7, Form CSO- 8151-02). Applicants may need to submit supporting documentation that is relevant to the requested modification. Permittees should try to combine modification requests to include as many changes as possible at one time. BLM Colorado will grant no more than three modifications in a year.

2. Renewal requests for existing permits may use Form CSO-8151-02 (Appendix 7) and resumes and experience charts for any new staff requested for listing on the permit.

The renewal request may not be made prior to 30 days before the expiration of the term of the permit. Provided no field work has been conducted after the permit expired, renewals may be requested within a reasonable period after expiration. Also, BLM may not renew a permit if work is not conducted during its term.

D. Application Review and Evaluation

1. Applicants should expect a minimum of 20 business days for a permit application to be reviewed (depending on the type of permit application- see V.B. above). The BLM State Office will review all applications, with input from the Field Office in which the proposed work will occur, for compatibility of proposed work with any approved management plans, established policy, objectives, or requirements applicable to the management of the public lands and resources involved. Proposed work may be modified or limited by the BLM through established terms and conditions. An application may also be denied if work proposed is or would be incompatible with cultural resources management commitments established through evaluation and planning, multiple resource use protection requirements pertaining to time of year, type of activity, type of equipment employed, access, personal safety, fire safety, or other management restrictions, and other authorized uses of lands or resources exclusive in nature.

2. The applicant is responsible for seeking input from the appropriate Field Office(s) to better complete an application, particularly when the application involves a treatment plan. Prior to the approval of any limited testing and/or collection and excavation and/or removal permit, the Field Office must complete appropriate SHPO and tribal consultation, sign a NAGPRA plan of action, and provide documentation to the State Office.

3. Documentation of qualifications for all supervisory personnel must be provided in resumes and experience charts. Applications that are missing necessary information or required documentation in support of an information item may be withheld from further review until the needed information or documentation is provided. The BLM will inform the applicant what is needed for review as quickly as possible. For this purpose, documented telephone or email contact is preferable to written notification.

4. Applications may be disqualified based on failure to meet qualifying criteria, which may include documented history of inadequate performance under a previous permit.

Similarly, individuals named in applications may be excluded from a permit or have their intended roles changed for insufficient qualifications or documented inadequate performance under a previous permit.

5. Any application that fails to meet minimum qualifying criteria specified, either upon initial receipt or through failure to respond adequately to a request for missing information, may be recommended for rejection without further review, by following the applicable permit denial procedures in the 8150 Manual.

6. If an individual deliberately falsifies or grossly exaggerates his or her qualifications or experience on their resume, the BLM will suspend any further consideration of certifying that individual in a supervisory capacity for a period of time commensurate with the severity of falsification.

E. Permit Areas

Survey and recordation permits are issued by regional jurisdiction (Appendix 5). Limited testing and/or collection and excavation and/or removal permits are issued by project area or cultural resource.

F. Permit Numbers

Survey and recordation permits are assigned numbers that will remain in effect through all modifications and renewals. Limited testing and/or collection and excavation and/or removal permits are assigned numbers that will remain in effect only through the term of the project.

G. Fieldwork Authorization

1. Prior to commencement of any field investigations, permit holders must notify the appropriate Field Office(s) of their intent to carry out fieldwork and submit a Fieldwork Authorization Request (Appendix 6, Form CSO-8151-01). A request must be made for each project-specific authorization and a map showing the proposed project area must be included. Permission to proceed with fieldwork requires the approval of the appropriate BLM Field Manager(s) or their delegate(s). At no time should a permittee use the authorization as the mechanism to gain access to non- Federal surface. The proponent is responsible for obtaining landowner consent and access.

2. Fieldwork authorizations should not be routinely used to apply additional special conditions to the permit beyond what was attached at original issuance, nor should the authorization process be used as a second level of review of proposed personnel.

BLM Field Offices must verify permit status and permitted individuals prior to signing a Fieldwork Authorization. The BLM Archaeologist will file a copy of the authorization in the Field Office permit files and send an electronic copy to the State Office for the permanent, statewide PAI file.

3. BLM Archaeologists may participate in or monitor work conducted by permit holders.

H. Pre-Field Check-In

Prior to each project, having received a Fieldwork Authorization, and before commencing fieldwork, the permittee must conduct a records search. The permit holder will have to check the records at the BLM Field Office(s) and OAHP to identify all recorded cultural resource sites and previous inventories. The BLM may not have the staff and time to conduct such pre-field records check for permittees. In this event, the permit holder may schedule a check-in with the BLM Archaeologist at the Field Office where fieldwork will be conducted. The purpose of the check-in is to conduct the files searches, discuss the scope of the project and the adequacy of the proposed survey, and to obtain a BLM project number. Scheduling the check-in may be done by phone or email and should allow at least a week’s notice for scheduling. Failure to conduct a pre-field records check may result in the rejection of the associated survey report and/or suspension or revocation of the permit.

I. Post-Field Check-In

1. As soon as possible, upon completion of the fieldwork, the permit holder will notify the appropriate BLM office of the results of the fieldwork. This may be done over the phone or by email (please see section VI.J. Reporting Process and Standards). For long-term projects, it is advisable to keep the BLM Archaeologist informed as fieldwork proceeds using progress reports.

2. The permit holder will obtain the OAHP documentation number for the survey or limited results report for inclusion on the written documentation. The permit holder will also obtain all site numbers from the OAHP using OAHP’s established processes.

J. Annual Permit Reports to the State Office

Permit holders are required to submit an annual report of their work for the calendar year, even if no work was conducted. The report will include the following information: name, type, and size of project; OAHP and BLM documentation numbers; number of isolated finds and sites discovered (if any) and number of eligible sites; date of report acceptance or notation of report pending; and if artifacts were collected, number of materials, from which site(s) they originated, and where and when they were curated (see Appendix 8, recommended annual report format). Curation receipts must be submitted at the same time as the report, if they have not been previously submitted.

The report will be submitted to the BLM Colorado State Office no later than December 31 of each year. The report shall be submitted by email to BLM_CO_CR_Permits@blm.gov. If no projects were conducted within the year, an email with this information may suffice as the annual report.

Failure to submit the annual report may be grounds for permit suspension or revocation. [Note:

the annual report is not to be used as a substitute for any survey or excavation reports or site evaluations.]

K. Outreach

Permit holders are especially encouraged to educate project proponents about the value of cultural resources and the legal consequences of unauthorized damage and unauthorized removal of artifacts. It is strongly recommended that project proponents offer an employee education program for field employees.

VI. INVENTORY

[See BLM Manual 8110 Identifying and Evaluating Cultural Resources.]

A. Objectives

The inventory objective is to identify all cultural resource sites, including traditional cultural properties (TCPs), that may be affected within a specified APE. Identification efforts should meet the “Reasonable and Good Faith” standard, outlined by the ACHP in the document located here:

https://www.achp.gov/sites/default/files/guidance/2018- 05/reasonable_good_faith_identification.pdf. The identification of cultural resources must be conducted in accordance with professional standards detailed in the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation (published by the NPS at 48 FR 44716, September 29, 1983).

B. Classes of Inventory

1. The BLM cultural resource inventory system is composed of three kinds of inventory:

Class I – existing information inventory; Class II – probabilistic field inventory; and Class III – intensive field inventory. Each type of inventory is designed to provide specific cultural resource information for various planning and resource management needs. The most frequently employed method is Class III inventory, carried out with the intent of enabling BLM to comply with Section 106 of the NHPA before making decisions about proposed land and resource uses. In those cases, unless specifically prohibited in regulations, the cost of inventories will be the responsibility of the project proponent or the benefiting BLM activity, as authorized by Section 110(g) of the NHPA (54 U.S.C. § 306109).

a. Class I inventory is not merely a records search or pre-field literature review, conducted prior to land disturbance actions. A Class I inventory is most useful for gaining a comprehensive view of all the known archaeological, historical, and cultural resources and TCPs within a large area. It is a professionally prepared study that includes a compilation and analysis of all reasonably available cultural resource data and literature. Additionally, this study is a management-focused, interpretive, narrative overview and synthesis of the data.

b. Class II inventory is a professionally conducted, statistically based sample survey, designed to aid in characterizing the probable density, diversity, and distribution of…