Message #277:
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 
Subject: A Note About BLM Nationwide PA
Date: Fri, 25 Jul 1997 21:20:33 -0700


From: Lynne Sebastian 

Just a note about state protocols for implementing the new BLM nationwide
programmatic agreement governing Section 106: the fact that the Colorado
protocol does not provide for SHPO review of most undertakings is not a
peculiarity of that particular protocol, but a requirement of the PA. This
nationwide PA does not permit case-by-case SHPO review of anything except
undertakings that BLM finds will have an effect on historic 
properties.  Review by the Advisory Council is also very restricted.  

BLM will be solely responsible for decisions about the need for survey, the
eligibility of sites to the National Register, and the effect of their
undertakings on historic properties.  The PA replaces 36 CFR 800, and it
does not place any specific requirements on BLM. The day-to-day process of
BLM compliance with Section 106 will be guided by the BLM instructional
manuals only.

This does, indeed, have the potential for major impacts on cultural
resource management in the West.  Dave Phillips of the New Mexico
Archeological Council and others posted warnings on this list and elsewhere
about this BLM PA when it was under development, but very few people paid
attention.  

By all means comment on the Colorado protocol -- you are fortunate that you
have the opportunity.  The New Mexico BLM has refused requests to have a
public comment process for the New Mexico protocol, and they are not
required to have one by the PA.  But the effects of such comments will
necessarily be limited.  The protocols only cover HOW SHPOs will comment on
those things that they are ALLOWED to comment on by the PA.  We cannot use
the protocol to expand our role beyond what is allowed in the PA.

Lynne Sebastian
New Mexico State Historic Preservation Officer