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FOREST SERVICE MANUAL
DENVER, CO
FSM 2300 - RECREATION, WILDERNESS AND RELATED RESOURCE MANAGEMENT
R2 Supplement No. 2300-94-3
Effective June 15, 1994
POSTING NOTICE. Supplements to this title are numbered consecutively. Post by document
name. Remove entire document and replace with this supplement. Retain this transmittal as the
first page of this document. The last supplement to this Manual was Supplement 2300-94-2 to
2320.
Page Code
2361.03--1 through 2361.03--3
2361.05
2361.05--14
2361.22a--1
2361.22b
2361.29a--1 through 2361.29b--2
2361.29c
2361.3
Superseded Sheets
2
1
1
1
1
3
1
1
Supplements Covered
R2 Supplement 92, 06/81
R2 Supplement 108, 08/86
R2 Supplement 114, 01/88
R2 Supplement 84, 10/80
R2 Supplement 98, 05/83
R2 Supplement 100, 05/84
R2 Supplement 81, 04/80
Document Name
2360.1-2361.32d
Digest:
Reissues in electronic format.
ELIZABETH ESTILL
Regional Forester
New
(Number of Pages)
10
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FSM 2300 – RECREATION, WILDERNESS, AND RELATED RESOURCE MANAGEMENT
R2 SUPPLEMENT 2300-94-1
EFFECTIVE 06/15/94
CHAPTER 2360 – SPECIAL INTEREST AREAS
2361 - CULTURAL RESOURCES.
2361.03 - Policies. This directive provides policy and guidance in administration of cultural
resources relative to operations under the general mining law, mineral leasing laws, and special
use permits issued pursuant to these and other land disturbing activities.
Federal land managing agencies are required by legislation and Executive Order (FSM 2361.01)
to ensure that cultural resources are identified and evaluated for significance and are salvaged or
protected from adverse effects in advance of land disturbance. Less clearly defined is the
questions of financial responsibility for undertaking these actions prior to, or discovered during,
operations. The statutory rights of the prospector and miner prescribed by the general mining
laws must also be recognized.
To clarify responsibility pursuant to these activities the following Regional policy and guidance
is established.
Mineral Prospecting and Mining Operations Authorized by the U.S. Mining Law of 1872. The
Forest Service has the financial responsibility to identify cultural resources on lands to be
disturbed and to specify protective and/or mitigative measures prior to any surface disturbance.
Forest Service appropriations often may not be immediately available to inventory these
unplanned impacts (future program budget planning should address such needs) timely to the
proposed plan of operation. Therefore, the operator may, at his discretion and cost, undertake the
inventory. It must be done by or under the supervision of a qualified archeologist approved by
the Forest Service. Under such circumstances, an Antiquities Permit shall be required. Based on
findings of the inventory, the operator shall have the financial responsibility to undertake
protection and/or mitigative measures specified by the Forest Service prior to surface
disturbance. Such measures will be as provided in FSM 2817 and may include avoidance,
recordation, or excavation and removal.
To clearly establish this policy, the plan of operation shall contain the following stipulations:
The Forest Service is responsible for inventorying the area to be disturbed prior to any
surface disturbance authorized by this plan to determine the presence of significant cultural
resources and will specify protective and/or mitigative measures to be undertaken by the
operator. The operator may, at his discretion and cost, conduct the inventory and
evaluation of significance on the lands to be disturbed. The tasks must be done by or under
the supervision of a qualified archeologist authorized by a permit from the Forest Service.
Upon review of the report, the Forest Service will specify necessary protective and/or
mitigative measures to be undertaken by the operator.
Upon completing the requirements of the stipulation, land disturbing operations (from a cultural
resource standpoint) may commence. During these operations, cultural resources not disclosed
by the inventory may be discovered. To protect such resources, the plan of operation shall also
contain the following stipulations:
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The operator shall immediately bring to the attention of the District Ranger any and all
antiquities or other objects of historic or scientific interest including, but not limited to,
historic or prehistoric ruins, fossils, or artifacts discovered as the result of operations under
this plan, and shall leave such discoveries intact until authorized to proceed by the District
Ranger. Protective and/or mitigative measures specified by the Forest Service shall be the
responsibility of the operator.
Mineral Licenses, Permits, and Leases. FSM 2822 outlines the mineral and mineral materials
leasing authorities. Permits and leases issued prior to 1976 do not address responsibility for
cultural resources inventory and protective and/or mitigative measures. Since 1976, stipulations
have been attached to permits and leases assigning financial responsibility for the inventory,
evaluation, protection and/or mitigation of cultural resources. Regional policy is that the Forest
Service has the financial responsibility to conduct cultural resource inventory and evaluation of
significance on lands to be disturbed. Protective and/or mitigative measures specified by the
Forest Service are the financial responsibility of the permittee/lessee. The permittee/lessee may,
at his discretion and cost, conduct the inventory and evaluation so that it is timely to his plan of
operation. In such cases, a separate Antiquities Permit shall be required.
To carry of this Regional policy, we have requested that the Bureau of Land Management attach
these stipulations in all new permits/leases. When a permit or lease does not include these
stipulations, Forest Service concurrence to the approval of the plan of operations shall include a
statement that the operator must comply with the conditions stated in the cultural resources
stipulation.
Special Use Permits Issued Pursuant to Mining and Mining Leasing Operations. The policy for
operations under the General Mining Law and various mineral leasing laws shall apply to these
permits. This will be accomplished by including in the special use permit the stipulation stated
in the preceding paragraph on Mineral Prospecting and Mining Operations. If the operator
undertakes the survey, a separate Antiquities Permit will be required. Necessary protective
and/or mitigative measures are the responsibility of the permittee.
This policy is summarized in exhibit 01.
Other land disturbing activities initiated by private and industry developers shall likewise require
the identification and protection of cultural resources. In such cases, the developer will have the
financial responsibility for identifying and protecting cultural resources. Cultural resources
personnel and mitigation plans shall be subject to Forest Service approval.
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2361.03 - Exhibit 01
FINANCIAL RESPONSIBILITY FOR CULTURAL RESOURCES MANAGEMENT
GENERAL
MINING LAW
ACTION
Cultural resource
survey & test sampling
for
evaluation in advance of
surface disturbance
Forest Service
Necessary protective
and/or mitigative
measures for significant
cultural resources
(i.e., avoid disturbance
or isolation of
resources) 1/
Prospector or
mining operator
Excavation as a
mitigative measure
Prospector or
mining operator
MINERAL
LEASING ACTS
Forest Service
SPECIAL PERMITS
ISSUED PURSUANT TO
MINING AND MINERAL
LEASING OPERATIONS
Forest Service
(Operator may accept obligation at his discretion.
An Antiquities Permit is required
Mineral
permittee/lessee
(An Antiquities Permit is required
Mineral
permittee/lessee
(An Antiquities Permit is required
)
Prospector or mining
operator; mineral
permittee/lessee
)
Prospector or mining
operator; mineral
permittee/lessee
)
1/
Isolation of resource involves restricting or eliminating public access routes to significant cultural
resource sites.
2361 - CULTURAL RESOURCES.
2361.05 - Definition of Terms.
Ground Disturbing Activity. Any undertaking which has the potential to modify or disturb
the earth's surface via excavation, vehicular traffic, explosive, etc. This would include but is not
limited to such activities as mining, construction, burial of facilities, and the like. Activities such
as land disposal which permanently and irrevocably commits resources, should be regarded in the
same light as ground disturbing activities.
Undertaking. Undertakings are those administrative actions which require compliance with
Section 106 of the National Historic Preservation Act and 36 CFR Part 800. These are actions
which have the potential to affect historical properties.
Emergency situations, such as wildfire suppression, are normally exempt from Section 106
compliance. Prescribed fires, and the attendant control and suppression activities, e.g., line
construction, do not constitute emergencies and are, therefore, not exempt. Likewise, prescribed
fires have the potential to adversely affect the built environment.
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Consequently, cultural resource inventories, in previously univentoried areas, should be planned
as part of the normal advance preparations for prescribed burns. It should also be considered that
post-fire rehabilitation activities incorporate a cultural resource inventory to take advantage of
enhanced visibility.
2361.22a - Overview. Signature authority to approve cultural resource inventory reports is
delegated to the Director of Recreation and Lands. During the Director's absence for an extended
period of time, the approval authority extends to his Acting.
36 CFR Part 219.12(e)(1)(i) requires that Forest Service Land Management Plans shall contain
and integrate a cultural resource overview. The cultural resource overview is a compilation
document of the available cultural resource data including an interpretive summary
encompassing the nature, distribution and significance of the know cultural resources. At a
minimum the overview shall contain:
A compilation of known (recorded) cultural resources.
A compilation of inventoried areas, indicating areas where inventories have not occurred.
A statement or statements regarding areas know to have high cultural resource site densities
and areas know to have low or negative site densities.
A summary statement regarding the ecological history of the area.
A cultural history of the area insofar as the available data will allow.
A statement or statements regarding the compiler's research field(s) or experience.
A statement or statements regarding identifiable gaps in the existing data as well as
recommendations for future research directions.
A set of management recommendations relevant to the known cultural resources.
A comprehensive bibliography.
Appendices addressing:
A comprehensive site inventory, including relevant locational, descriptive, status,
and management data. It may be desirable to format this for Automatic Data
Processing.
A set of maps, preferably 7.5 minute United States Geological Survey Quadrangles,
showing site and inventory/inventory intensity locations.
A list of relevant collections and their content and location.
list of properties listed on, being nominated to, or determined to be eligible for the
National Register of Historic Places.
The overview should address all cultural resources within the Forest boundaries and is not
limited to Federally owned properties.
All statements in the overview must be fully documented.
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Overviews do not entail new fieldwork, although known sites may be field checked for current
status or clarification.
When file searches are requested from the State Historic Preservation Officer and/or State
Archeologist in conjunction with cultural resource overviews, Forest Supervisors shall sign the
requests.
Overviews shall be updated annually.
2361.22b - Survey. Forest Service documentation of cultural resource activities is required to
monitor program accomplishments, costs, and compliance requirements. The inventory
information is also valuable scientifically and must be preserved for technical and managerial
purposes. The primary purposes for documenting the survey is to provide a permanent record of
areas examined, cultural properties located, and areas that require future examination. The
relationship of cultural resource information to other environmental features may also be
important to future decisions affecting survey methods, locations, and levels of intensity. The
survey report must consist of a narrative report and supporting documentation describing the
location, methods, and results of the field survey. In addition, the following information shall be
included in every survey report:
The number of acres inventoried.
The number of acres within the project area that were not examined.
The number of cultural resources located.
The number of person days expended in field and non-field work.
The costs involved in the field and non-field phases of the survey and the average amount of
time expended per unit of survey.
The exact location of areas examined and unexamined.
The effect of the undertaking on each property, if applicable.
In addition to copies retained in Forest files, one copy each shall be provided to the Regional
Office and to the State Historic Preservation Officer.
Data from these reports will be compiled annually for the Regional Office for the report to the
Washington Office report to the U.S. Department of Interior and the Advisory Council on
Historic Preservation. The information may also be used in the Forest and Regional Office
program planning and budgeting process.
Forests with Archeologists need not provide all reports to the Regional Office but may abstract
the requisite data for the Regional Office to forward to the Washington Office.
2361.29 - Recovery, Curation, and Public Use.
2361.29a - Recovery. Only those artifacts linked to the evaluation of the site or survey area
should be recorded and assigned site numbers.
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The following guidance will aid in determining when historic artifacts should be recorded. This
guidance is intended to be qualitative rather than quantitative and will be self-administered in the
field.
Materials recorded in the field should be at least 50 years old, necessary as a chronological
indicator, and must meet at least one of the following criteria:
1. Add specifically to the knowledge of the area's human use and occupation and can be
used to contribute to the evaluation of the site or survey area.
2. Provide information that identifies and adds specifically to the documentary knowledge
of the technology that produced it.
3. It is not 50 years of age, but is exceptional for one or more of the above reasons.
It is imperative to state on the Site Inventory Form or the Isolated Find Form what the specific
value of the artifact is, what knowledge is added, or information provided by its collection and
analysis.
Historic artifacts that are identified during a survey, but do not meet the above criteria should be
discussed briefly within the body of the survey report in terms of their type, overall numbers and
geographic distribution.
Forest Service cultural resource staff and consulting cultural resource contractors (Principal
Investigators) along with their support staff will use these guidelines to determine the extent of
recordation necessary during field survey. All cultural resource reports transmitted to Forest
Service offices shall be reviewed in accordance with this policy.
Forest Offices shall insure that nongovernmental developers who may be affected by this
supplement are informed of its contents.
Recovery (collection) of cultural resource artifacts can occur during the inventory, evaluation, or
data recovery phases. In each instance, responsibilities of Forest Service officials will vary
slightly, but requirements include recordation of the find, labeling of the artifact, and curation of
the recovered materials and records.
Collection of artifacts, except under emergency circumstances, must be done or directly
supervised by a professional cultural resource specialist. Collection by trained cultural resource
technicans must be under the direct field supervision of a professional. With the approval of the
Forest Supervisor, employees hired under technician or other series but meeting the
qualifications for professional archaeologist series appointment, may recover artifacts for
purposes of evaluation.
Artifacts collected in emergency situations (FSM 2361.29a) will be turned over to the Forest
Service cultural resource specialist for appropriate curation.
Responsibilities for artifact collection area as follows:
1. Inventory/Evaluation. Collection of artifact samples from cultural resource sites,
systematically recovered and properly recorded, is integral to the identification and evaluation
process since these samples are useful in assessing the property's age, function, history of use,
and nther factors that enable its further evaluation for management purposes. Caution must be
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exercised, however, to assure that collection of artifact samples is adequate for the purpose
intended without causing unacceptable impact to the resource.
2. Data Recovery. Collection of artifacts to fulfill data recovery requirements is done under
the provisions of a No Adverse Effect determination or a Memorandum Agreement to mitigate
Adverse Effect. It can be conducted by qualified In-Service or Out-Service specialists. It must
be done in accord with a Forest Service/SHPO approved Data Recovery Plan, and conform to the
guidelines published in 36 CFR and the Advisory Council Handbook for the Treatment of
Archaeological Properties.
2361.29b - Curation. Because of the religious beliefs of some groups regarding the
archaeological excavation of human skeletal remains, the following interim policy has been
developed toward all human osteological material removed from the earth, effective this date.
Where archaeological investigation conducted by the Forest Service as an authorized Federal
undertaking disturbs marked or identifiably deliberate interments of human remains, all prudent
and feasible efforts will be made to identify and locate those who can demonstrate direct kinship
with or descent from those interred individuals. The Regional Archaeologist, in consultation
with those most closely related members, will determine within 45 days the proper disposition of
those remains. No remains will be reinterred until after appropriate documentation and study are
completed.
Where archaeological investigations disturb deliberate interments of human remains with
demonstrable ethnic affinity to specific living groups of Native Americans and others, all prudent
and feasible efforts will be made to seek out traditional spiritual leaders, elders, or spokesmen for
these groups. The Regional Archaeologist, in consultation with these leaders. will make
disposition of the remains. No remains will be reinterred until after appropriate documentation
and study are completed.
When osteological remains cannot be identified with a specific contemporary ethnic or Native
American group, the interests of a particular group are not applicable, but the agency or
institution charged with the care or custody of the collection shall continue to maintain the
collection with responsible and sensitive attitudes in keeping with the dignity and respect to be
accorded to all exhumed human skeletal remains.
The entity responsible for funding archaeological data recovery program which recover interred
human remains will bear the necessary expenses for proper disposition of those remains.
Curation of cultural resource specimens and records is done to preserve their scientific,
interpretive, and aesthetic values. Thus, curation of collected specimens must be done in a
manner consistent with their research value, public interpretive value, and possible American
Indian religious value. Some items will need to be kept on the Forest for purposes of
interpretation, evaluation, or further study. Other items should be stored in an appropriate
respository. Following guidelines established in 16 U.S.C. 469c (Reservoir Salvage Act of
1960), 16 U.S.C. 470a (Archeological Resources Protection Act of 1979), and P.L. 96515
(National Historic Preservation Act amendments of 1980), a repository must have long-term
curatorial capabilities, and be able to provide access to the collections for study by qualified
scholars. Curation should be accomplished under a Memorandum of Agreement between the
Forest and the appropriate institution.
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All curated items must be labeled to ensure that they are not lost or their information content
destroyed. Specimens that necessitate special preservative treatment, such as controlled climate
and preservative solutions (that is, waterlogged items, artifacts or wood, plant fiber, hide, horn,
shell, or metal) will require more elaborate curation methods than more commonly encountered
stone items.
All specimens maintained on a Forest must be stored or displayed in a locked case.
Criteria for Artifact Storage are as follows:
1. Secure storage: Specimens must be stored in locked cabinets. Display cases must have
locks.
2. Identification: All specimens must be appropriately labeled.
3. Special Conditions: Artifacts of organic material and some other substances (metal, clay)
usually require climate-controlled storage and application of specialized preservative solutions.
2361.2 - Implementation.
2361.29c - Public Use. Public Law 96-95, the Archaeological Resources Protection Act of 1979,
Section 10, stipulates that the locations or archeological resources may not be made public, with
some very specific exceptions. This applies to the inclusion of locational data which may be
necessary in management documents which become public information.
The inclusion of locational data may be necessary for the protection of archeological resource, as
in Environmental Assessments and Environmental Statements. In such cases, the data, or
making of site locations on maps, shall be attached as appendicular material which can (and will)
be physically separated from the main body of the document prior to its being made public and
its dissemination.
Similarly the location of cultural resources to be avoided in precluding impacts may be necessary
in special use permits, range allocations and improvement plans, minerals
exploration/exploitation operating plans, oil and gas leases, land management plans, timber sale
contracts, construction contracts, etc. Therein, locational data/mapped locations shall be
appendicular and separable prior to public dissemination. Further, in most such documents, the
permittee, allottee, leasee/operator, planner of contractor need only be alerted to the lcoation
which is to be avoided/protected and need not, will not, be told or informed of the nature of the
subject location (site).
Line officers, whose responsibility includes the maintenance and storage of locational data and
site maps, shall ensure restricted access to said data. In considering requests for access to said
data, the line officer shall require identification and credentials from the requestor. Requestor
credentials shall be reviewed by the Forest or Regional Archeologist prior to granting access.
2361.3 - Coordinating Requirements. Forest Supervisors are responsible for obtaining SHPO
(State Historical Preservation Officer) concurrence with Forest Service determination of effect.
(See 36 CFR 800.9.)