FS Agreement No. 01-MU-11020000-015
PROGRAMMATIC AGREEMENT AMONG
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
THE COLORADO, WYOMING, SOUTH DAKOTA, NEBRASKA, AND KANSAS STATE HISTORIC
PRESERVATION OFFICES,
AND
THE U.S.D.A. FOREST SERVICE, ROCKY MOUNTAIN REGION
REGARDING THE IMPLEMENTATION OF THE
PRESCRIBED FIRE PROGRAM
WHEREAS, the USDA Forest Service, Rocky Mountain Region, (hereafter referred to as Rocky
Mountain Region) proposes to administer the Prescribed Fire Program authorized by the Organic
Administration Act (16 U.S.C. 551), and the National Forest Management Act of 1976 (P.L. 94-588, 90
Stat. 2949) and others; and
WHEREAS, the Rocky Mountain Region National Forests (Forests) are committed to increasing planning and implementation efficiency, as well as to preserve and foster appreciation of heritage resources on and related to National Forest System Lands in relationship to such laws as the National
Historic Preservation Act (NHPA), as amended (1966; P.L. 89-665, 80 Stat.915); and
WHEREAS, the Rocky Mountain Region, in consultation with the Advisory Council on Historic
Preservation (Council) and Colorado, Wyoming, South Dakota, Nebraska, and Kansas State Historic
Preservation Offices (SHPOs), have determined that the Prescribed Fire Program may affect historic properties either listed in or eligible for listing in the National Register of Historic Places, and have consulted with the Council and SHPOs pursuant to regulations in 36 CFR part 800.14(b) of the regulations (36 CFR 800), implementing Section 106 of the National Historic Preservation Act (NHPA,
16 U.S.C. 470f); and
WHEREAS, the Forest Service intends to use the provisions of this agreement to comply with the applicable requirements of the National Environmental Policy Act (NEPA) (42 U.S.C.4321-4347) pursuant to 40 CFR 1500-1508; and
WHEREAS, the Forest Service has consulted with Indian Tribes that may ascribe traditional religious and cultural value to historic properties that may be affected by the Prescribed Fire Program; and
WHEREAS, the Prescribed Fire Program, in this document, is limited to authorized National Forest
System (NFS) lands where prescribed fire undertakings are planned and purposefully ignited (see
Appendix A for background information) and does not include wildland fire managed for resource benefits or suppression (see Appendix B for definitions); and
WHEREAS, each Forest will follow a survey strategy based on criteria in Appendix C, which asserts that, prescribed fires conducted in open grass and sagebrush settings are generally low intensity and low duration events which could affect historic or prehistoric wood features, rock art, and certain types of exposed prehistoric features (such as fire hearths or bone beds), but which are less likely to adversely affect historic or prehistoric artifact concentrations; and prescribed fires conducted in forested settings to reduce fuel loads can be of a high or low intensity and high or low duration and can affect a variety of heritage resource property types in both buried and surface contexts; and
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WHEREAS, The FS, SHPOs, and Council agree that published data indicate that certain classes of historic properties are at minimal risk under controlled burning, but are vulnerable to fire-control, suppression and rehabilitation activities (Appendix D); and
NOW, THEREFORE, the Forest Service, SHPOs, and Council agree that the Prescribed Fire Program shall be administered in accordance with the following stipulations to satisfy the USDA Forest Service,
Rocky Mountain Region’s Section 106 responsibilities under the NHPA for all individual undertakings of the program.
STIPULATIONS
The Rocky Mountain Region will ensure that the following measures are carried out:
The Prescribed Fire Program encompasses two general project planning processes: individual, stand alone prescribed burn projects; and prescribed burning as a tool for meeting management objectives in a large scale analysis area such as that for a timber sale, landscape or watershed. There are usually no burn plans in place when the NEPA decision is made regarding the large scale analysis area. The following sections specify the procedures that will be used in either case.
I. RESPONSE TO SPECIFIC BURN PLANS ANALYZED UNDER THE NEPA PROCESS AS STAND
ALONE UNDERTAKINGS.
A. THE ENVIRONMENTAL ANALYSIS. For a specific burn plan which documents burn units, levels of fireline intensity, location and type of firelines, and all other associated activities , and when a NEPA analysis is conducted for one or more specific burn plans, as stand alone undertakings, the Forest Service will carry out the following actions to identify, evaluate, and take into account the effects of the proposed prescribed fire on historic properties before issuing a NEPA decision:
1. The Forest shall use the NEPA scoping process and other means necessary to identify consulting parties as required in 36 CFR 800.3(f).
2. The Forest shall conduct a literature search of existing information and compile a Literature
Review identifying all known heritage resources in the analysis areas. The Literature Review will include information obtained during the literature search and through consultation with the appropriate SHPO, Indian Tribes, and the public during the NEPA scoping process.
3. The Forest will complete a field inventory of the Area of Potential Effect of each prescribed burn following procedures defined in Appendix C. If so requested, the Forest will conduct additional consultation for the identification of properties of traditional cultural and religious significance to Indian Tribes.
4. The Forest shall document the results of the field inventory, consultation with Indian Tribes regarding properties of traditional religious and cultural value, and any proposed measures to avoid adverse effects to historic properties in a report as defined in Stipulation IV.A. The Forest shall submit the Inventory Report to the SHPO and other consulting parties with a finding of effect pursuant to the requirements of 36 CFR 800.5. Once consultation is completed, the
Agency Official may issue a Finding of No Significant Impact (FONSI) or the Record of Decision
(ROD), specifying measures that will be taken to avoid, minimize, or mitigate adverse effects to historic properties.
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II. RESPONSE TO LARGE AREA ANALYSES WHERE A PRESCRIBED FIRE IS AN ASSOCIATED
UNDERTAKING.
A. THE ENVIRONMENTAL ANALYSIS . The following actions will be completed as part of the
Forest’s environmental analysis under NEPA, and prior to issuance of either a FONSI or ROD:
1. The Forest shall use the NEPA scoping process and other means necessary to identify consulting parties as required in 36 CFR 800.3(f).
2. The Forest shall conduct a literature search of existing information and compile a Literature
Review identifying all known heritage resources in the analysis area and in a buffer zone measuring one mile in width around the analysis area. The Literature Review will include information obtained during the literature search and through consultation with the appropriate
SHPO, Indian tribes, and the public during the NEPA scoping process.
3. The Environmental Analysis (EA) or Environmental Impact Statement (EIS) will include a heritage specialist Summary Report which does not disclose sensitive site information, but discusses significant sites within the areas potentially affected by prescribed burning, and the
Forest will use this information as a basis for determining potential effects of the prescribed burn(s) on historic properties. The Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) will contain specific language requiring the Forest to inventory for and assess effects to historic properties by a prescribed fire once a specific burn plan has been developed.
The Decision Notice will also reference this agreement and condition the decision on completion of survey and compliance with applicable provisions of the NHPA .
B. POST DECISION ACTIONS. The following actions will be carried out by the Forests after the
NEPA decision is made:
1. The Forest will develop a specific burn plan. The burn plan will define the proposed level of severity (low, moderate, and/or high) for the project. Project areas or burn units designated for a short duration, low and/or moderate level of fire severity will be subjected to a sample survey as defined in Appendix B. Those project areas or burn units which will have a long duration, moderate, and/or high level of fire severity will be subjected to intensive surveys.
2. If so requested by the SHPO or an Indian Tribe, the Forest will conduct additional consultation for the identification of properties of traditional cultural and religious significance to
Indian Tribes or other interested parties.
3. The Forest will document the results of the field inventory, consultation with Indian Tribes regarding properties of traditional religious and cultural value, and any proposed measures to avoid adverse effects to historic properties in a Report, as defined in Stipulation IV.A. The
Forest will submit the Report for review and comment to the consulting parties pursuant to the requirements of Stipulation IV.A. The report will document a finding of either no historic properties affected pursuant to 36 CFR 800.4(d)(1), or no adverse effect, pursuant to 36 CFR
800.5(b) for the prescribed fire project(s);or that if avoidance is not possible, the Forest will apply the criteria of adverse effect in the Councils' regulations, 36 CFR 800.5(a), to determine if recorded historic properties in the Area of Potential Effect may be adversely affected by the proposed prescribed fire(s). If effects may be adverse, the Forest will consult with the SHPO and other appropriate parties in accordance with 36 CFR 800.6.
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4. If the Forest Service determines that adverse effects cannot be avoided, or if SHPO objects to a finding of no adverse effect, the Forest will rescind the portion of the Decision Notice which implements the Prescribed Fire Activity for the analysis area and consult further in accordance with 36 CFR 800.6 to resolve the adverse effects.
III. STANDARDS FOR IDENTIFICATION AND PROTECTION
A. SURVEY STRATEGY .
The Forests will complete inventories within all areas defined as Areas of
Potential Effect for a final prescribed burn plan using the survey strategy contained in Appendix C.
Appendix C may be revised in accordance with Stipulation IV.F.
B. TESTING THE SURVEY STRATEGY. The Forests shall periodically test the effectiveness of the sample survey strategy in two ways.
1. Sample Survey of Areas Considered to be of Low Site Potential - Before the prescribed fire, some areas of low site potential (not selected by the criteria for sample inventory) will be surveyed as a baseline test. The results of this testing may influence the survey model, which can be amended as needed in consultation with SHPOs.
2. Post Fire Surveys - After the prescribed fire, Forests will conduct post-fire surveys for some prescribed fire projects, in both high and low potential for sites.
The rationale and specification of the acreage will be proposed in the inventory report, where the Forest identifies concerns for post-fire effects, such as potential accelerated erosion. Additional post-fire survey may also be done in conjunction with other agreements such as the range agreement, or for specific heritage resource program goals. The amount of post-fire survey acreage will be dependent upon the amount of acreage actually burned each year. The number and type of survey acreage will be listed in Appendix E, which shall be revised annually based on the Forests’ projection of Annual
Fire Plan Implementation activity. The additional post fire surveys will be used to evaluate the effectiveness of the survey strategy, and will be documented in the annual summary report.
C. EVALUATION. The Forest will follow procedures in 36 CFR Part 800.4 (c) to evaluate all historic properties which are located in targeted burn units or ground disturbing fire-line locations.
D. AVOIDANCE/PROTECTION MEASURES .
Historic properties at high risk to damage by fire, as identified in Appendix D 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. Other types of avoidance or mitigation measures will be detailed in the Inventory
Report.
E. MONITORING . A heritage resource specialist will be required to monitor prescribed burns (as needed) to ensure that the risks to historic properties and their protective needs have not changed as a result of any changes in a prescribed fire’s behavior.
F. DISCOVERY SITUATIONS. There is some potential for encountering undiscovered sites during the course of a prescribed fire. Previously unrecorded high-risk properties that are encountered during the course of a prescribed fire will be protected in the same manner as specified in III. D, if possible. If affected properties are discovered after the burn, the Forest will document any damage and consult with the appropriate SHPO and Council pursuant to 800.13 (b).
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IV. GENERAL PROVISIONS
A. INVENTORY REPORT. Inventory Reports will include descriptions of sites, eligibility evaluations, consultation with Indian Tribes regarding properties of traditional religious and cultural value, and any measures implemented to avoid, minimize or mitigate adverse effects to historic properties. These reports may be submitted throughout the year, or as a single document, submitted annually, but with sufficient detail to qualify as a report of findings. SHPO, Indian Tribes which have specifically requested copies of the inventory reports, and other identified consulting parties will have 30 days from receipt of an Inventory Report to provide comments to the Forest Service. If the SHPO or other reviewing party objects to the adequacy of a report or it’s recommendations, the Forest Service will consult with the SHPO and objecting party to resolve the objection in accordance with Stipulation IV.G. below.
B. ANNUAL SUMMARY REPORT. The Forests will document the combined results of the field inventories, numbers and type of site eligibility, and number of acres surveyed in fulfillment of the
Agreement in an Annual Summary Report, due by March 1 st of each year.
C. ANNUAL MEETING. The Forests shall consult with SHPO and Council annually to review the
Annual Summary Reports and the implementation of this agreement. Consultation may take the form of a phone conversation, written correspondence, or a face to face meeting. If a meeting is held to discuss the terms of this agreement, the Council will be invited to participate.
D. SYNTHESIS OF FIRE LITERATURE. As part of the Forest Service’s commitment to improving the protection of heritage resources a synthesis of existing fire literature and information will be prepared not later than October 1, 2001. This document will be provided to the SHPOs, Council and FS line officers for use in future planning and programmatic contexts.
E. COLLATERAL USE OF NEPA PROCESS. The Forests shall use the public notification process embodied in NEPA to assist with public notification, identification of consulting parties, and public participation found in 36 CFR 800. The Forest Service's policy and procedures for implementing NEPA include public notification and involvement of the public beginning at the earliest stages of planning an undertaking, during the environmental analysis period and after a decision is made. The NEPA scoping process shall be consistent with the requirements of 36 CFR 800 to involve Native Americans, Indian tribes, and others, to solicit information about identification of properties important for historic and cultural values, and about effects to those properties from proposed undertakings.
F. REVISION OF APPENDICES .
Because we expect that our knowledge of the nature of prescribed fire’s effect on different types of historic properties will improve, and because reviewing the effectiveness of the survey strategies may demonstrate a need to revise these strategies, the parties agree that Appendices C and D may need to be revised. Any party to this PA may request modifications to Appendices C and D, without a formal amendment, whereupon the parties will consult to consider such change. Changes may be made by written consent of the Rocky Mountain Region,
SHPOs, and Council after appropriate consultation. Appendix E shall be revised annually by the
Forests, in conjunction with Annual Fire Initiative Targets and Planning, to be submitted at the time of the annual summary report.
G. DISPUTE RESOLUTION. Should a SHPO or any other consulting party object within 30 days to any finding or action proposed pursuant to this agreement, the specific Forest shall consult with SHPO and the objecting party to resolve the objection. If the Forest determines that the objection cannot be resolved, the specific Forest shall forward all documentation relevant to the dispute to the Council.
Within 30 days after receipt of all pertinent documentation, the Council will either:
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1. Provide the Forest with recommendations, which the Forest will take into account in reaching a final decision regarding the dispute; or
2. Notify the Forest that it will comment pursuant to 36 CFR 800.7(c), and proceed to comment.
Any Council comment provided in response to such a request will be taken into account by the
Forest Service in accordance with 36 CFR 800.7(c)(4) with reference to subject of the dispute.
3. Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute; the Forests responsibility to carry out all actions under this agreement that are not the subjects of the dispute will remain unchanged.
H. QUALIFICATIONS .
The Forest shall follow the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation and Professional Qualifications for Archeologists/Historians
(48FR190:44716-44742), throughout the implementation of this agreement.
I. EXPIRATION. This agreement is executed as of the last date shown below and expires in five years at which time it is subject to review, renewal, or expiration. If the Forests wishes to extend the life of the PA past the five year period, the Forests will contact the Council and SHPOs ninety days prior to termination and schedule a meeting. Based on the meeting, the Forests will make any needed changes to the PA, and circulate the new document for review and signature.
V. ADMINISTRATIVE STIPULATIONS
A. TERMINATION. Any signatory SHPO, the Council, or the Regional Forester may terminate this agreement by providing thirty (30) days written notice to the other parties, provided that the parties consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event this agreement is terminated, Forests will comply with 36 CFR
800 with regard to individual undertakings covered by this agreement.
B. AMENDMENTS. Amendments to this Agreement shall be executed in the same manner as the original Agreement.
C. FOREST PARTICIPATION. Forests may be added or removed from participation in this
Agreement as follows:
1. The Regional Forester, a SHPO or the Council may make written recommendations about adding or removing Forests as participants in the PA. The Forests shall respond to the recommendations within 30 calendar days of receiving written notice. Participation of each
Forest is independent of that of the others, and any Forest may be added or removed without affecting participation of the others. The decision to add or remove a Forest from participation in the PA shall ultimately be made by the Regional Office, following consultation with the SHPO and the Council. Any disagreement arising during consultation shall be resolved in accordance with Stipulation IV.G. Forest additions shall become effective as of the date of concurrence with the PA by the added Forest. Deletions shall become effective as of the date of the final decision by the Regional Office.
2. The Regional Office shall notify the affected National Forest, the Council, and appropriate
SHPO of its recommendations regarding an individual Forest's continued participation, as follows:
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(a) Provisional participation owing to some performance deficiencies. If deficiencies are
not removed within one year, the Forest may be removed from participation in the PA;
(b) Removal from participation due to a clear pattern of consistent and broad failure to meet stipulations;
(c) Reinstatement to full participation in the PA because the Forest has corrected deficiencies.
D. NON-FUND OBLIGATING DOCUMENT. This agreement is neither a fiscal nor a funds obligation document. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This agreement does not provide such authority. Specifically, this agreement does not establish authority for noncompetitive award to the cooperator of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition.
E. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest Service under this instrument is subject to the FOIA. However, certain sensitive spatial and non-spatial information will be protected per the NHPA (1966, with revisions).
F. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperators from participating in similar activities with other public or private agencies, organizations, and individuals.
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G. PRINCIPAL CONTACTS.
The principal contacts for this agreement are:
Colorado State Historic Preservation Office
Currently Jim Green
1300 Broadway
Denver, CO
Advisory Council on Historic Preservation
Currently Carol Gleichman
12136 W. Bayaud Ave., Suite 330
Lakewood, Co. 80228
Nebraska State Historic Preservation Office
Currently Terry Steinacher
1500 R Street Box 82554
Lincoln, NE 68501
Wyoming State Historic Preservation Office
Currently Judy Wolf
2301 Central Avenue
Cheyenne, WY 82002
Regional Forester, Rocky Mountain Region
Currently Terri Liestman
P.O. Box 25127
Lakewood, Colorado 80225
Grand Mesa, Uncompahgre, and Gunnison National Forests
Currently Jim Carson
2250 Highway 50
Delta, Colorado 81416
South Dakota State Historic Preservation Office
Currently Steve Littlefield
900 Governors Drive
Pierre, SD 57501
Kansas State Historic Preservation Office
Currently Richard Pankratz
6425 SW 6 th Avenue
Topeka, KS 66615-1099
Medicine Bow – Routt National Forests
Currently Sue Struthers
Headquarters Annex
Steamboat Springs, Colorado 80487
San Juan National Forest
Currently Bruce Ellis
15 Burnett Court
Durango, Colorado 81301
White River National Forest
Currently Bill Kight
Old Federal Building
Glenwood Springs, Colorado 81602
Nebraska National Forest
Currently Doug Stephens
125 No. Main Street
Chadron, NE 69337
Black Hills National Forest
Rio Grande National Forest
Currently Vince Spero
1803 West Highway 160Box 948
Monte Vista, Colorado 81144
Shoshone National Forest
Currently Allen Madril
808 Meadow Lane
Cody, WY 82414
Bighorn National Forest
Currently Dave McKee
Highway 385 North, Route 2
Custer, SD 57730
Arapaho – Roosevelt National Forests and
Pawnee National Grasslands
Currently Jeff Overturf
240 West Prospect
Fort Collins CO 80526
Currently Rick Laurent and Kolleen Bean
1969 So. Sheridan Avenue
Sheridan, WY 82801
Pike – San Isabel National Forests and Cimarron and Comanche NGs
Currently Al Kane
1920 Valley Drive
Pueblo, Colorado 81008
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FS Agreement No. 01-MU-11020000-015
Execution and implementation of this Agreement evidences that the Rocky Mountain Region National
Forests have afforded the Council an opportunity to comment on the Forest Service Prescribed Fire
Program and that the Forests have taken into account the effects of this undertaking on historic properties.
THE PARTIES HERETO as evidenced by their authorized signature below, have executed, and thereby entered into, this agreement upon the date of their signature below.
By:
John M. Fowler, Executive Director
Advisory Council On Historic Preservation
Date
By : /s/ David Heerwagen (for)
Richard Cables
Regional Forester, Rocky Mountain Region
05/04/01
Date
By : /s/ Susan Collins (for) 05/04/01
Georgiana Contiguglia
Colorado State Historic Preservation Officer
Date
By:
Wendy Bredehoft Date
Wyoming State Historic Preservation Officer
By:
Jay Vogt
South Dakota State Historic Preservation Officer
Date
By:
Robert Puschendorf
Nebraska State Historic Preservation Officer
Date
By:
Ramon Powers
Kansas State Historic Preservation Officer
Date
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I concur to the terms and conditions of Agreement No. 01-MU-11020000-015, PROGRAMMATIC
AGREEMENT REGARDING THE IMPLEMENTATION OF THE PRESCRIBED FIRE PROGRAM.
This Forest has consulted with Indian Tribes that may ascribe traditional religious and cultural value to historic properties that may be affected by the Prescribed Fire Program.
By: :
Forest Supervisor Date
Pike and San Isabel National Forests
By:
Forest Supervisor
San Juan National Forest
By:
Forest Supervisor
Rio Grande National Forest
Date
Date
By:
Forest Supervisor
Grand Mesa, Uncompahgre and Gunnison National Forests
Date
By:
Forest Supervisor
Arapaho and Roosevelt National Forests
Date
By:
Forest Supervisor Date
Black Hills National Forest
By:
Forest Supervisor
Medicine Bow and Routt National Forests
Date
By:
Forest Supervisor
Bighorn National Forest
Date
By:
Forest Supervisor Date
Shoshone National Forest
By:
Forest Supervisor Date
Nebraska National Forest
By:
Forest Supervisor Date
White River National Forest
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APPENDIX A
BACKGROUND INFORMATION
In the past few years, the Forest Service has been directed to increase its management of vegetation on federal land through a prescribed fire program. In the wake of the extreme fire season witnessed during the summer of 2000, Congress and the Administration have directed land management agencies to intensify these efforts. The National Forest System has been allocated 1.6 billion dollars nationwide to implement what is being referred to as the National Fire Strategy. Both the Executive and Congressional branches expect major fuels reduction targets to be met beginning in Fiscal Year
2001. This direction is predicated on the desire to reduce catastrophic wild fire risks.
Prescribed fires are conducted in a variety of settings, including open meadows (or open slopes) which are dominated by grasses, shrubs, or sagebrush. Fireline intensity (see Appendix B) in these settings is normally quite low, while fireline intensity in the understory of forested settings may be much higher.
Analyses for prescribed fires are commonly conducted in one of two ways. Under scenario one, NEPA analysis may be conducted on a specific burn plan which identifies burn units, fire lines, and associated actions. Under scenario two, the Forest NEPA process is initiated by an action such as a timber sale.
Then a broad array of resource management issues, including the effects of prescribed fire, are added to the timber sale NEPA document for efficiency.
Under all scenarios the Forests’ ability to comply with NEPA, NHPA, and other laws has been complicated, because under both scenarios, extremely large land areas are analyzed for a NEPA decision, while a much smaller area is actually burned, and burn plans for those smaller areas are typically not completed until the season the area is planned for ignition.
In conclusion, without streamlining measures such as those proposed in the PROGRAMMATIC
AGREEMENT REGARDING THE IMPLEMENTATION OF THE PRESCRIBED FIRE PROGRAM, the
Forests prescribed fire program is difficult to implement for several reasons. First, the area of potential impact can be so large that it becomes inefficient and costly to comply with NHPA Section 106 procedures. Survey criteria designed to select areas of high potential for cultural remains resolves this issue. Second, low and/or moderate severity fires in non-forested settings will only affect certain property types such as historic log structures, rock art panels, or exposed features such as fire hearths.
Implementation of limited reconnaissance surveys for log structures and other vulnerable resources addresses this issue. Therefore, it is prudent to establish non-standard procedures for the management of the Forest's Prescribed Fire Program, as allowed by the Council's regulation at 36 CFR 800.14b
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APPENDIX B
DEFINITIONS OF TERMS USED IN THE AGREEMENT a.
Area of Potential Effect (APE) - As defined in 36 CFR 800.16(d) the "area of potential effects means the geographic area or areas within which an undertaking may directly or indirectly cause changes 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 different for different kinds of effects caused by the undertaking”. For prescribed fires the APE generally includes the designated burn units, any locations identified for hand or mechanical fire line construction, and any locations designated for loading, camping, equipment parking, or other fire support activities. b. Artifact Concentration - For the purposes of this agreement, artifact concentrations are defined as primarily lithic scatters, but could include historic cans, metal scraps, or broken glass. These artifacts are usually found on or near the surface, probably have already been burned over, and are not in primary context. c.
Black Line - A fire line created by burning the organic matter, width may vary from one foot to over 10 feet, and then extinguishing the fire. d.
Burn Plan - A detailed plan for conducting a burn that identifies the burn units, fire control methods, and weather condition criteria. e. Cultural Resources – Building, site, district, object, or structure evaluated as historically significant (NPS Bulletin 15) OR any location with material evidence of past human behavior (Duke
2000). f.
Cultural Resource Site - Cultural resource sites are extremely variable in size and range from the location of a single cultural resource object to a cluster of cultural resource structures with associated objects and features. A site may consist of secondary deposited cultural resource remains or in some cases no physical remains at all. For purposes of this agreement, the State Historic
Preservation Office survey manual guidelines will be used to define a cultural resources site. g.
Duration of Fire - The length of time at a given point that combustion is occurring. It includes flaming during and after passage of the flame front as well as glowing exposure following flaming. It is not the same as residence time, which is the length of time for the fire front to pass a point. The following are components of Duration of Fire:
I. Fire Intensity - This term has general and restrictive meanings. In general use it refers to the amount of heat released by a fire. Restrictive meanings apply to the terms fire line intensity and reaction intensity. ii. Fire Severity - Is an expression of the effect of fire on the ecosystem. It involves the degree of mortality to living biota and the extent of organic matter loss. Severity is often used in reference to fire effects on soil that involves consumption of the organic matter on the ground and downward heat flux. Severe fires may be either of low or high intensity depending primarily upon moisture contents of the organic matter and soil. iii. Ground or subsurface fire in ground fuels - Generally initiated by a surface fire, includes the forest floor duff layer that lies beneath the litter layer. Glowing combustion is predominant.
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The heat flux of fires occurs both upward and downward. In surface and crown fires, the upward heat flux is probably the most important heat transfer causing fire effects in the forest ecosystem. In range ecosystems, downward heat flux from surface fire could cause significant fire effects. Fire intensity of the advancing flame front is an important measure of the upward heat flux in surface and crown fires, and relates directly to mortality of above ground vegetation.
Duration of surface fire is important to downward heat flux where fuels continue to burn after the passage of the flame front. Downed dead woody fuels larger than about one inch in diameter are primary contributors to heat flux following passage of the flame front.
The subsurface fire presents a more complicated picture because the combustion of ground fuels primarily controls the amount of downward heat flux. Duff is both an insulator and generator of heat. Many plant and soil responses are initiated by heating in the duff and below.
Duration of burning and fraction of duff consumed are important variables relating to downward heat flux. iv. Heat Load - An index of fuel accumulation and the total energy released by the fire. It is expressed in Btu per square foot. Heat load can have an effect on soil conditioning, seed h. treatment, root damage, and cambium damage
Feature - For the purposes of this agreement the term “feature” is defined as non-portable archaeological remains that cannot be recovered from matrix without destroying their integrity.
I.
Fire line - A linear boundary, cleared of vegetation to dirt that inhibits and/or contains the spread of fire. Fire lines vary in width from one foot to over 10 feet. Most fire lines are two feet in diameter or less. j. Fire line Intensity - This term is used to describe forest and rangeland fire behavior. It is the amount of energy released per unit time per unit length of fire front and is often expressed as but/ft/sec.
Fire line intensity is a good indicator of above ground fire effects but often a poor indicator of below ground fire effects in the ecosystems. k. Historic Property - means any prehistoric or historic district, site, Building, structure, or object included in, or eligible for inclusion in, the National Register. This term includes, for the purposes of this agreement, artifacts, records, and remains that are related to and located within such properties. The term “eligible for inclusion in the National Register” includes both properties formally determined as such by the Secretary of the Interior and all other properties that meet the National
Register listing criteria. l.
Inventory - Includes a literature search, a pedestrian field survey, determination of eligibility to the NRHP when appropriate, and site management recommendations. The data from the inventory shall be compiled in a Report. It will include treatment plans for historic properties. m. Literature Search - A review of existing information about a specific area to ascertain the presence of historic properties potentially affected by an undertaking, including any data concerning the likelihood that unidentified historic properties exist in the area of potential effects (36 CFR 800.16.d).
The search will include, but not necessarily be limited to, Forest records, SHPO site files, GLO plats, historic documents, and other published sources. Also referred to as a file search, records review, or
Class I survey.
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n. Overview - An existing condition report of heritage resources within an analysis area that is developed from a literature review, and personal communications with Tribal representatives and other interested parties. o. Prescribed Fire - Controlled application of fire to wild land fuels in either their natural or modified state, under specified environmental conditions that allow the fire to be confined to a predetermined area and at the same time produce the intensity of heat and rate of spread required to attain planned resource management objectives. p.
Report/ Report Standards - All Inventory reports shall be consistent with SHPO guidelines from the appropriate state; including documentation of all newly recorded heritage resources, determination of National Register eligibility for each heritage resource; identification of any observed or likely effects of the proposed prescribed fire on historic properties, and proposal of site treatments consistent with the requirements of this Programmatic Agreement. q.
Site Setting - The area around a site that contributes to an historic property’s eligibility to the
National Register of Historic Places. The area may be only a few hundred feet, to an edge of a visual or noise barrier such as a hillside, or further depending on the needs of the property (also see Area of
Potential Effect).
r. Survey - The actual field examination of the APE to locate historic properties. Three types are:
1. Sample - A pedestrian field examination for historic properties, of a portion (or portions) of a project area. The survey is considered sufficient for the identification of all probable eligible historic properties within the APE, which could be affected by a prescribed fire.
2. Intensive - A field examination designed to identify, to the extent practicable, all locatable heritage resources within an area defined by the survey strategy.
3. Reconnaissance - One or more linear transects conducted through the project area which allows visual inspection of all log or wood features. s.
Wet line - A fire line constructed using water or foam, intended to prevent the advance of fire. t. Wildfire - An unwanted wild land fire. u. Wild land Fire - Any non-structure fire, other than prescribed fire, that occurs in the wild land.
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APPENDIX C
HERITAGE RESOURCE SURVEY STRATEGIES
FOR THE ROCKY MOUNTAIN REGION PRESCRIBED FIRE PROGRAM
The following criteria will be used to identify areas selected for survey under this agreement, in order for the Forest Service to meet its responsibility under Section 106 of the National Historic Preservation Act, as amended. As a part of the process, the Forest will use topographical maps, aerial photographs,
Roth-photo quads, historic documents, the Forest Cultural Resource Overview, information obtained from Native American contacts and other interested parties, and the "Resource Inventory System"
(RIS) data base, when made available. The RIS data will include such information as cover type, slope, and soil type. Different survey strategies will be used in open and forested settings.
A field inventory will then be implemented. Prescribed fire units with a fire line intensity of short duration, low and/or moderate level of fire severity will be subjected to a sample survey as defined in I and II below. Those project areas or burn units which will have a projected fire line severity that would be moderate or high, and long duration will be subjected to intensive surveys.
I. Criteria Common To All Burn Locations
1. In all cases, field observations will also be used in conjunction with the above criteria (II.2) to identify areas of high or low site potential that cannot be specifically noted until field work begins.
2. All cultural resources identified as part of the inventories for the prescribed burning program will be evaluated for their National Register eligibility.
3. All hand or machine constructed fire lines will be intensively surveyed.
II. Open Grass and Sagebrush Settings – short duration, low and/or moderate level of fire severity.
1. Previously recorded eligible and unevaluated properties will be inspected. A primary objective will be to identify any subsurface features which may be exposed to the surface, such as a fire hearth, which could be affected by a low intensity/low duration fire.
2. Reconnaissance survey transects will be conducted through each burn unit to look for wood features, exposed archaeological features, and rock art panels, which could be effected by the prescribed fire. The reconnaissance survey will provide for a visual inspection of the open burn unit where the presence or absence of standing wood features can be confidently documented.
3. Survey transects will also be used to inspect stream cut-banks, road cuts and other open locations where there is potential for exposed sub-surface deposits or features.
4. All hand or machine constructed fire lines will be intensively surveyed.
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III. Forested Settings – short duration, low and/or moderate level of fire severity.
1. Previously recorded eligible and unevaluated properties will be inspected. A primary concern will be to identify any subsurface features which may be exposed to the surface, such as a fire hearth, and which could be effected by a low intensity/low duration fire.
2. Intensive survey coverage will be implemented using a GIS model according to the following criteria: a. Forested areas with a slope of less than 35% and within .25 mile from permanent water (i.e. streams, creeks etc.) b. Geological features such as saddles, terraces, benches, overhangs, escarpment edges, and high points; c. Those areas regardless of slope and cover where chart bearing formations are exposed or contain known stone quarry sites. d. Stream terraces or benches. e. Prominent rock faces which contain or are likely to contain Native American rock art properties. f. Historic structures (eligible, potentially eligible, or unevaluated) identified during the literature search process that includes a review of Forest files, county library, and courthouse records.
3. A limited number of acres outside of those listed in II.2 above (such as locations greater than
35% slope and further than .25 miles from permanent water) will also be subject to intensive inventory.
4. All hand or machine constructed fire lines will be intensively surveyed.
IV. Burn Units (Open and Forested) – long duration, moderate and/or high level of fire severity.
1. An intensive survey will be conducted over all areas where planned severity levels would be considered moderate or high and long duration.
2. All hand or machine constructed fire lines will be intensively surveyed.
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APPENDIX D
LIST OF HIGH AND LOW RISK HISTORIC PROPERTIES
Three basic threats to historic properties were considered as part of the development of the list given below:
1.
2.
Threats from fire itself, or fire intensity;
Threats from fire control activities such as bulldozer lines, hand lines, retardant
drops and staging areas;
Threats from post-fire erosion control or rehabilitation activities. 3.
The list of high and low risk properties that may be affected by fire directly was developed through a review of available literature on the subject of fire effects on cultural resources. The primary sources for this review included The Effects of Fire on Cultural Resources: A Survey of Literature Pertaining to
Fire Control and Management by William Knight, dated 1994 and The Effects of Fire on Cultural
Resources by Hal Keeling, dated 1993. This list is not intended to be all-inclusive and may be amended as additional information becomes available.
High Risk:
Historic sites with standing, or down wooden structures or other flammable features.
Rock image sites.
Prehistoric sites with flammable architectural elements and other flammable features.
Prehistoric artifact scatters located in potentially unstable geomorphologic settings.
Historic and prehistoric sites with the potential for hearths and datable charcoal or other fire sensitive deposits.
Prehistoric and historic cemeteries.
Peeled, or scarred pine tree sites.
Aspen art sites.
Traditional Cultural Properties (based on consultation with tribes)
Rock shelter Sites
Cultural Landscapes
Low Risk:
Prehistoric and historic sites with deeply buried cultural deposits.
Prehistoric and historic artifact scatters in stable settings.
Prehistoric and historic sites with non-flammable surface features.
Historic earthworks.
Sites officially determined ineligible for listing in the NRHP.
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APPENDIX E
HERITAGE (NHPA) COMPLIANCE WITH THE
NATIONAL FIRE PLAN IMPLEMENTATION SCHEDULE
________________________ NATIONAL FOREST SCHEDULE
Part 1. The ______________ National Forest will be treating the following acreage for the Prescribed
Fire Program over the next three years:
FY02 FY03 FY01 xxx xxx xxx
Part 2. The _____________ National Forest will be surveying this amount of acreage based on the sample survey strategy generated by criteria in Appendix C:
FY02 FY01 xxx xxx xxx
Part 3. The number of acres to be surveyed outside area selected by the predictive model (per lll.B.1):
FY02 FY03 FY01 xxx xxx
FY03 xxxx
Part 4. The number of acres to be surveyed after the Prescribed Burn (per lll.B.2):
FY02 FY03 FY01 xxxx xxxx xxxx
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