CULTURAL RESOURCES INTRODUCTION This analysis considers the affected environment and environmental consequences to cultural resources for the Stillwater Mining Company’s (SMC’s) Iron Creek and West Fork of the Stillwater River Plan of Operations for Mineral Exploration on the Custer Gallatin National Forest. Cultural resources are the physical remains of archaeological, historical, and architectural sites and/or places of traditional cultural use. The goal of cultural resource management as stated in the Custer Forest Plan is “…to maintain and enhance historic and prehistoric cultural resource values. Conservation of archaeological and historic sites and information for research, public interpretation, and use by future generations is emphasized.” (USDA-FS 1986: 4) and as stated in the Gallatin Forest Plan “Cultural resources on the Gallatin Forest will be managed to maintain their scientific, social, and historical value in compliance with all applicable Federal and State laws” (USDA-FS 1987: II-3). ISSUE STATEMENT The No Action, Proposed Action, and Agency Mitigated Proposed Action alternatives could potentially affect cultural resources. As such, the decision maker must consider the effects to all cultural resources that may be located within the boundary of the area of potential effect (APE). The APE consists of three proposed drilling areas (Blocks 1 and 2, and the 18.4 deep drilling location), at least eight proposed helicopter staging area (Sites 1, 2, 3, 4, 5, 6, 7, and 8), and proposed road maintenance on the Picket Pin Road #2140 and the Horseman Flat/West Fork Road #2846. Cultural resource surveys of the APE have recorded nine related cultural resources. REGULATORY FRAMEWORK Since cultural resources are nonrenewable and easily damaged, laws and regulations exist to help protect them. These include the National Historic Preservation Act (NHPA), the Archeological Resources Protection Act (ARPA), the American Indian Religious Freedom Act (AIRFA), and the Native American Graves Protection and Repatriation Act (NAGPRA). Sacred sites fall under the purview of the Sacred Lands Executive Order (Executive Order 13007). Native American graves are protected under NAGPRA. The National Historic Preservation Act (NHPA) and its implementing regulations require Federal Agencies to consider the effects of their undertakings on historic properties. The term historic properties refer to cultural resources that have been determined eligible for the National Register of Historic Places (NRHP). Code of Federal Regulations 36 CFR 800 outlines the set of procedures established by the NHPA that Federal Agencies must follow before implementing an action that may affect historic properties. American Indians and Alaskan Natives are recognized as people with distinct cultures and traditional values. They have a special and unique legal and political relationship with the Government of the United States as defined by history, treaties, statutes, executive orders, court decisions and the U.S. Constitution. The 1992 amendments to the NHPA specify that properties SMC Iron Creek and West Fork Stillwater Exploration Plan of Operations 1 of traditional religious and cultural importance, referred to as traditional cultural properties (TCPs), may be determined eligible for inclusion on the NRHP. Effects to “cultural resources of traditional religious and cultural importance” must be considered under the NHPA. In carrying out the responsibilities under Section 106 of the NHPA, the USFS is required to consult with any tribe that attaches religious and cultural significance to such properties when any federal undertaking may affect them {16 USC 470a(d)(6)(A)}. The SMC’s Iron Creek and West Fork of the Stillwater River Plan of Operations for Mineral Exploration Project Area lies within traditional Crow Indian territory, as defined by the Fort Laramie Treaties. FOREST PLANS Since the APE is located on the Custer Gallatin National Forest, two Forest Plans provide direction for managing cultural resources. The Custer Forest Plan goal of cultural resource management is “…to maintain and enhance historic and prehistoric cultural resource values. Conservation of archaeological and historic sites and information for research, public interpretation, and use by future generations is emphasized.” (USDA-FS 1986: 4). The Gallatin Forest Plan goal of cultural resource management is “Cultural resources on the Gallatin Forest will be managed to maintain their scientific, social, and historical value in compliance with all applicable Federal and State laws” (USDA-FS 1987: II-3). There is no additional specific Management Area C, D or E (Custer Forest Plan) or Management Area 3, 6, 8, or 16 (Gallatin Forest Plan) direction for cultural resources. ENVIRONMENTAL CONSEQUENCES Prehistoric and historic heritage resources are a nonrenewable resource. Heritage resources have many values including their use to gather scientific information on human culture history, interpretive and educational value, values associated with important people and events of importance in our history, and often an aesthetic value as in a prehistoric petroglyph or an historic landscape. For the American tribes, as well as other traditional culture groups, archaeological and historic sites often have importance for religious and ceremonial purposes or simply as locations for traditional uses important in a particular group’s ongoing cultural identity. Since cultural resources would be protected under Section 106 of the NHPA, the potential to affect those properties becomes the measure of the effects of mineral exploration activities between the alternatives. An effect, according to 36 CFR 800.9(a), may include an alteration to the property’s characteristics of location, setting, or use. Adverse effects are defined as those which may diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling or association and include but are not limited to: Physical destruction, damage, or alteration of all or part of the property, Alteration of the character of the setting when that character contributes to the property’s qualification for the National Register, Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting. A direct effect occurs when the action of the undertaking itself impacts the heritage resource. For example, ground-disturbing activities such as road, pipeline, or building construction may damage or demolish a site. An indirect effect is not caused by the action itself but is the secondary result of the undertaking. An example would be manipulation of a watershed which could in turn cause SMC Iron Creek and West Fork Stillwater Exploration Plan of Operations 2 increased erosion of heritage sites downstream or the upgrade of existing roads or trails which improves or allows public access into previously secluded site areas. Increased access can be directly related to an increase of vandalism or illegal/unauthorized artifact collection. Analysis Framework For this analysis, those cultural resource properties that have not been formally evaluated for nomination to the NRHP are treated as historic properties. File and literature search was conducted to define previous archaeological work within, and in the vicinity of, the APE. Table 1 summarizes the archaeological work within the SMC’s Iron Creek and West Fork of the Stillwater River Plan of Operations for Mineral Exploration Project Area APE conducted to date. Table 1. Cultural Resource Investigations Within the SMC’s Iron Creek and West Fork of the Stillwater River Plan of Operations for Mineral Exploration Project Area APE. Project Name/FS Number Year Consultant Acres Sites Comments (reference) Class III Cultural Resource 1979 Larry Lahren, unknown 24ST0100, These four sites are Evaluations of the Johns-Manville Anthro 24SW0146, located outside the Mineral Claims Area: Stillwater Research, Inc. 24SW0147, APE Complex, Montana (Lahren 1980) 24SW0148 /R1980010802009 Cultural Resource Investigations – 1997 Larry Lahren, 550.0 24ST0306 Site is near the Stillwater Mining Company Slurry Anthro (see Lahren 2003a) proposed helicopter Line Route & Tailings Pond Area, Research, Inc. staging area Site 5 Stillwater County, Montana (Lahren 1997) Cultural Resource Compliance 1999 Larry Lahren, 160.0 24ST0043 Site is near the Investigations – Hertzler Tailings Anthro (see Lahren 2003a) proposed helicopter Impoundment Area, Stillwater Research, Inc. staging area Site 5 Mining Company, Stillwater County, (Lahren 1999) Montana, 1999 Field Season Idaho Consolidated Crescent Creek 2001 Larry Lahren, 150.0 None Core Locations and Heli- Anthro pad/R2001010802010 Research, Inc. (Lahren 2001a) Idaho Consolidated Iron Creek Core 2001 Larry Lahren, 30.0 None Holes/R2001010802013 Anthro Research, Inc. (Lahren 2001b) Stillwater Big Horn Sheep Habitat 2001 USDA-FS 60.0 None Adjacent to proposed Project/R2001010802014 (Bergstrom helicopter staging area 2001) Site 4 West Fork Stillwater Road #2846 2003 USDA-FS 139.0 24ST0346, 24SW0469 Site 24ST0346 is Reconstruction/R2004010802020 (Bergstrom located within the 2004a) APE Rabbit Gulch Vault Toilet 2004 USDA-FS 10.0 24ST0354 Site is located outside Replacement/R2004010802031 (Bergstrom the APE 2004b) Beartooth District Travel 2004 USDA-FS 0.0 24SW0478 Site is located within Management Plan – road (Koenig 2004) the APE inventory/R2008010802004 Picket Pin Road retaining wall 2010 USDA-FS 40.0 24ST0392/24SW0640, Both sites