Utah National Forests-Utah SHPO Cultural Resources Wildland Fire PA Draft 1/8/01

Utah National Forests-Utah SHPO Cultural Resources Wildland Fire PA Draft 1/8/01

PROGRAMMATIC AGREEMENT

BETWEEN

THE NATIONAL FORESTS IN THE STATE OF UTAH, U.S.D.A.,

FOREST SERVICE

THE

THE STATE PRESERVATION OFFICE OF COLORADO

AND THE

ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING

THE MANAGEMENT OF WILDLAND FIRE USE

WHEREAS, the USDA Forest Service is authorized by the Multiple Use Sustained Yield Act (P.L. 86517, 74 Stat. 215; 16 U.S.C. 528, and the Bureau of Land Management is authorized by the Federal Land Policy and Management Act (P.L. 94-579, 90 Stat. 2743); and

WHEREAS, the Forest Service (FS) have determined that the management of wildland fire use for resource objectives has the potential to affect historic properties and has consulted with the State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council) pursuant to Section 800.13 of the regulations (36 CFR part 800) implementing Section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 470f); and

WHEREAS, the fire management area covered by this Programmatic Agreement (PA) includes all public lands managed by the units of the FS in the State of Utah as listed in Appendix A and will be collectively referred to herein as FS lands; and

WHEREAS, a relatively small proportion of the lands covered by this PA have been inventoried and, consequently, there is the potential that the management of wildland fire for resource objectives (wildland fire use) may damage or destroy unidentified flammable and fire vulnerable historic properties; and

WHEREAS, the FS, SHPO, and Council agree that published data indicate that certain classes of historic properties are vulnerable to wildland fire use, appropriate management responses and post-fire activities (Appendix B); and

WHEREAS, the definitions contained in 36 CFR 800.2 and those included in Appendix C shall apply to this agreement; and

WHEREAS, the FS have provided the Tribes listed in Appendix E the opportunity to comment on this PA:

NOW, THEREFORE, the FS, SHPO and the Council agree that the following will be incorporated into the Fire Operating (Management) Plans of the FS units participating in this agreement based on the process outlined in Appendix D.

STIPULATIONS

The FS shall ensure that the following stipulations are carried out:

A.  Pre-Ignition of Wildland Fire Managed for Resource Objectives (Wildland Fire Use-Pre-ignition):

1.  Cultural Resource Specialists (CRSs) stationed on the FS units specified in Appendix A will prepare for their respective units, “prescription/constraint” (P/C) maps showing potential high risk areas and specially designated exclusion areas detailed in A.2 below. The P/C maps must be completed by each participating unit before it may implement its managed wildland fire program. [add provision specifying a one year time limit from signing of agreement to provide maps. (Some units may have difficulty completing this task this fire season). OR consult/reach concurrence on w/SHPO on stipulations to attach to Fire management.operating plan??]

a.  High and low risk classes of historic properties identified by the FS are listed in Appendix B. Any party to this PA may request that this list be amended whereupon the parties will consult to consider such amendment. Changes to this list may be made by written consent of the SHPO, Council, and Regional Forester (FS).

b.  The P/C maps will be developed using literature and records searches, including, but not limited to aerial photographs, topographic sheets, cultural resource atlases, and fire effects studies.

c.  The protected areas encompassing historic properties and potential areas of high risk will be indicated on the P/C maps.

d.  The FS will consult with American Indian Tribes in the development of this PA. At a minimum, the participating FS units will consult with interested American Indian Tribes to determine potential damage to Traditional Cultural Properties. A list of Tribes consulted is included in Appendix E.

e.  Each CRS shall provide their completed P/C maps to the Fire Manager for incorporation into their unit’s fire Operating Plan, for use in the initial development of a managed wildland fire’s burn plan (Fire Management Plan).

f.  Each participating FS unit will make their respective P/C maps available to SHPO and the Council for review and comment upon request.

2.  All Existing, proposed and potential National Register (NR) Districts will be excluded from managed wildland fire burn plans (Fire Management Plans).

3.  The FS will ensure that the Wildland Fire Implementation Plans (WFIPs) covering the lands affected by this agreement are submitted to the SHPO prior to implementation of the plans.

B. Managed Wildland Fire “in Progress” Activities (Wildland Fire Use- Management):

1. A CRS will be designated as a member of the Managed Wildland Fire Analysis (Use) Team as described in Appendix D. When an ignition is detected in a Fire Management Area, a Wildland Fire Implementation Plan will be started. Once an ignition has been determined to have the potential to be wildland fire managed for resource benefits, (During the Stage I: Initial Fire Assessment the CRS will consult the P/C maps to assess the potential risks to identified and unidentified NR eligible, potentially eligible, or designated properties. The CRS will use the P/C maps as a basis for recommending to the Deciding (Line) Officer whether a fire should proceed as a managed wildland fire (the ignition should be managed as a wildland fire use fire) or should be suppressed (an appropriate management response should be initiated) because of the risks to identified NR eligible, potentially eligible, or designated properties.

1. The CRS shall be informed and involved in the “daily revalidation” of managed (all) wildland fire(s) conditions (see Appendix D) to ensure that the risks to historic properties needs have not changed as a result of any changes in a managed fire’s behavior (the projected fire behavior).

1. In the event that it becomes necessary to employ ground-disturbing fire control methods (appropriate management response) during the management of a wildland fire, a CRS (or archeological technician under the supervision of a CRS) will be required to accompany bulldozer and hand line crews (the fire manager) in order to protect known properties and previously unidentified properties. The need for such protective measures will be identified in the Risk Assessment stage and burn plan development (Fire Management Plan). A CRS or designated archeological technician will be assigned to accompany the bulldozer or hand line crew to mark sites for avoidance and will coordinate avoidance measures with the fire manager.

1. Historic properties at high risk to damage by fire, as identified in Appendix B of this agreement, will be protected through the use of natural topographic features, previously constructed roads, fuel breaks, and non ground – disturbing techniques such as wet lines, and black lines (the Appropriate Management Response, i.e.: aggressive suppression action, holding actions, mitigation actions, confine actions) where feasible. If appropriate management responses can not feasibly undertaken to protect high-risk historic properties, hand-constructed or dozer lines may be necessary. In these instances, on-site coordination between the CRS and fire manager(s) will be required to ensure high-risk historic properties are protected from these activities where feasible. It is understood that appropriate management responses will be employed only when the safety of firefighters can be ensured. Previously unrecorded high-risk properties that are encountered during the course of a managed (management of a) wildland fire will be protected in the same manner.

C. Post-Fire Activities (Wildland Fire Use- Post-Ignition):

1.  Because of the nature of managed wildland fire (use), ground-disturbing rehabilitation work is not a typical element of post fire activities. However, should ground-disturbing rehabilitation work be required, the FS will ensure that it is carried out in consultation with the SHPO, ACHP, interested persons in accordance with 36 CFR 800.

2.  The FS shall conduct an annual review of the cultural resource activities related to the managed wildland fire (use) program. One CRS representing the FS will collaborate on the preparation of a FS consolidated annual report to the Regional Forester for the FS listing all activities accomplished and planned as part of the Managed Wildland Fire (Use) program. The CRS on each participating unit will be responsible for providing a summary report of the activities accomplished under this agreement on their respective units to the representatives described above no later than March l, of each year. The content of the individual unit reports is outlined in Appendix F. The report will be submitted to the SHPO and Council after review by the Regional Forester. The report will be submitted to the Regional Forester no later than April l, of each year and to the SHPO and Council no later than July l, of the same year.

3. As part of long-term wildland fire management strategy, the FS shall support a variety of cultural resource management activities as they relate to the wildland fire (use) management program. These activities will be carried out on an annual basis and may include, but are not limited to, reconnaissance survey, post-fire studies, monitoring, backlog site evaluations, and cultural resource related research. Descriptions of the activities accomplished, as well as activities planned for the subsequent fiscal year, shall be included in the annual report. Failure to comply with this requirement will constitute non-compliance with the terms of this PA and may result in the suspension of a participating FS unit, or units from the terms of this Agreement. [This provision needs follow up discussion with Terri Liestman, Region 2 archaeologist-Denver to determine if the CO Forests have been able to implement these studies, monitoring, research… If not, this stipulation may need to be deleted from the UT PA. In essence, before we add this stipulation to the UT PA, we need to know if we can fulfill the requirements to complete follow-up work]

D. General Provisions:

1. The P/C maps described in A.1 will contain sensitive information

concerning the locations of cultural resources. Except as provided

elsewhere in this PA, distribution of these maps will be limited to the

Wildland Fire Analysis (Use) Team.

2. Fire crews will receive instruction on the laws and agency policies

regarding the protection of cultural resources as part of their orientation training.

3.  Any party to this PA may request that it be amended whereupon the

Parties shall consult to consider such amendment.

4. The Regional Forester or may, at their discrestion, or

upon written notification from the SHPO or Council, suspend a participating National Forest from the terms of this PA upon determination of a documented pattern of failure to comply

with the terms of this PA. In that event, the parties and the affected

Forest shall be provided thirty (30) days to consult, to seek agreement or other actions that would avoid suspension. The SHPO and Council will be notified in writing of the suspension. Suspension from this agreement requires the affected National Forest to comply with 36 CFR Parts 800.4 through 800.6 with regard to all undertakings that otherwise would be reviewed under this agreement. Suspension of a National Forest from the terms of this agreement by be lifted by the Regional Forester with unanimous consent of the consulting parties.

6. Any party to this PA may terminate it by providing thirty (30) days’

notice to the other parties, provided that the parties will consult prior to written termination to seek agreement on amendments or other

actions that would avoid termination. In the event of termination,

the FS will comply with 36 CFR 800.4 through 800.6 with regard

to individual undertakings covered by this agreement.

7.  Pursuant to Section 22, Title 41, United States Code, no member of,

or Delegate to, Congress shall be admitted to any share or part of this

agreement, or any benefits that might arise therefrom.

The principal contacts for this PA the Forest Service’s Intermountain Region Heritage Service Team representative for the Utah National Forests, the State Historic Preservation Officer and the Advisory Council on Historic Preservation.

8.  This instrument is executed as of the last date shown below. The

term of this agreement shall be for five years at which time it is

subject to review, renewal, or expiration. The FS, SHPO

and ACHP will meet prior to the last date shown below to review

the effectiveness of this PA in order to determine execution and

implementation of this Programmatic Agreement evidences that the

Forest Service has afforded the Council reasonable opportunity to comment on the Managed Wildland Fire (Use) Program and that the Forest Service has taken into account the effects of the program on historic properties.

Jack Blackwell, Regional Forester

Intermountain Region, U.S.D.A. – Forest Service Date

Wilson Martin,

Utah State Historic Preservation Officer Date

John M. Fowler, Executive Director

Advisory Council on Historic Preservation Date