(<•.-

PROGRAMMATIC AGREEMENT BETWEENTHE EGAN FIELD OFFICE OF THE BUREAU OF LAND MANAGEMENT

ANDTHE NEVADA STATE HISTORIC PRESERVATION OFFICER

REGARDINGNATIONAL HISTORIC PRESERVATION ACT COMPLIANCE

FORTHE NEWARK AND HUNTINGTON,

WATERSHED IMPLEMENTATION AND RESTORATION PLANWHITE PINE COUNTY, NEVADA

WHEREAS, the Egan Field Office of the Bureau of Land Management (BLM) is preparing aplan to conduct multiple phased vegetation treatments, range improvements and riparian

improvements on +/- 578,000 acres of public lands at various locations within the Newark and

Huntington Watersheds, White Pine County, Nevada (hereinafter referred to as the

"undertaking" as defined in 36 CFR § 800.16[yj); and

WHEREAS, the BLM proposes to implement the undertaking to comply with all relevantFederal regulations, policies, and laws; and implementing these policies subject to the

requirements of the National Environmental Policy Act of 1969 (NEPA); the BLM is responsiblefor completing NEPA and ensuring that it is in compliance with Section 106 of the NationalHistoric Preservation Act of 1966, as amended (NHPA), 16 U.S.C. § 470f, and its implementing

regulations, 36 CFR § 800; and

WHEREAS, the BLM has determined that the undertaking may have an effect upon properties

eligible for inclusion in the National Register of Historic Places (NRHP), and has consulted withthe Nevada State Historic Preser/ation Officer (SHPO) pursuant to Section 106 of the NationalHistoric Preservation Act of 1966, as amended (NHPA); and

WHEREAS, effects to historic properties in the Area of Potential Effect (APE) cannot be fullydetermined and the Parties desire to enter into this Agreement to set forth procedures to be

followed in satisfaction of the BLM's Section 106 responsibilities of the NHPA, for theundertaking in the APE; and

WHEREAS the undertaking would be implemented over the course of the next ten (10) years;and

WHEREAS, this Programmatic Agreement (PA) covers all aspects of the planning,

development, and implementation of the undertaking including but not limited to prescribed fire,

tree cutting and removal, chaining and mastication, chemical treatments, weed

preventionAreatment, aspen restoration, mowing and seeding, and other mechanized treatments;

WHEREAS, the BLM is responsible for conducting Native American Tribal consultation on a

government to government level and ensuring that it is in compliance with the BLM ManualHandbook, H-8120-1; Guidelines for Conducting Tribal Consultation. The tribes consulted

were Wells Band Council, South Fork Band Council, Winnemucca Indian Colony of Nevada,

1 I N e v/ a r k / H un t i n 1^ t o n W at e r s h e d I. m p ! e n"i ent at i o n P A

Battle Mountain Band Council, Skull Valley Band ofGoshute Indians, Chemehuevi Indian

Tribe, Moapa Band ofPaiutes, Cedar City Band ofPaiutes, Kaibab Band ofPaiute Indians, Las

Vegas Paiute Tribe, Shivwits Band ofPaiutes, Indian Peaks Band, Confederated Tribes of the

Goshute Indian Reservation, Te-Moak Tribes of the Western Shoshone Indians of Nevada,

Yomba Shoshone Tribe, Ely Shoshone Tribe, Elko Band Council Te-Moak Tribe of WesternShoshone Indians, Paiute Indian Tribe of Utah, and Duckwater Shoshone concerning properties

of traditional cultural and religious significance and the Tribe(s) have been invited to concur on

this PA; and Tribal consultation was conducted October 18, 2013 via written notification. There

were no comments received from the tribes regarding the proposed Plan and consultation will

continue throughout the life of the PA; and

WHEREAS, the BLM has provided information to the public about the undertaking and hasinvited public comment under NEPA and NHPA; andNOW THEREFORE, the signatories agree that implementation of the NEPA decision record

be administered in accordance with the following stipulations to ensure that historic

properties will be treated to avoid or mitigate effects to the extent practicable, regardless of

surface ownership and to satisfy the BLM's NHPA Section 106 responsibilities for all aspects ofthe undertaking.

COMPONENTS OF AGREEMENT

I. ROLES AND RESPONSIBILITIESThe BLM is responsible for administering this PA. This includes, but is not limited to, ensuring

the signatories carry out their responsibilities; overseeing cultural resource work; assembling

submissions to the SHPO including reports, determinations of eligibility and effect, andtreatment plans; and for seeking SHPO concurrence with agency compliance decisions.

The signatories agree that the STATE PROTOCOL AGREEMENT between the Bureau of LandManagement, Nevada and the Nevada State Historic Preservation Office for Implementing the

National Historic Preservation Act, Revised January 2012 (Protocol), except as amended here,will be used as guidance for this PA. This Protocol is incorporated by reference.

II. AREA OF POTENTIAL EFFECT (APE)

The APE for cultural resources is defined as the boundaries of the Newark (482,389 acres) and

Huntington (95,139 acres) Watersheds that lie within the Egan Field Office Area of the ElyDistrict, Bureau of Land Management. Appendix A contains maps showing the APE. The

proposed projects for the implementation and restoration are found within the EnvironmentalAssessment DOI-BLM-NV-LO 10-2012-003 3 -EA document. The APE for each subsequent

phase will be designated in a project specific Cultural Resource Inventory Needs Assessment(CRINA) at which time the level of cultural inventory, as well as other special considerations

(i.e., National Scenic Historic Trails stipulations, Visual Resource Management) will bedetermined by the BLM Cultural Resource Specialist. Per the Protocol, each approved CRINA

will be sent to SHPO for review.

2 I N e w a rk / H u n t i.ngt o n Watershed I 1 e m. entat i o n PA

The APE shall be defined to include potential direct and indirect effects to cultural resources and

properties of traditional religious and cultural importance from any activities associated with the

undertaking without regard for land ownership. The BLM may amend the APE as needed or as

requested by the SHPO or the Tribes without amending the PA proper.

The BLM may amend the APE as needed, or as requested by the SHPO or the Tribe(s), withoutamending the PA. All consulting parties will receive formal notification of the amended PA.

Within thirty (30) calendar days of their receipt of the proposed amendment, any consulting

party may request that the PA be amended in accord with the process outlined in Stipulation X.

Following BLM receipt of the request, the signatories shall prepare an amendment document.

HI. STIPULATIONS

The BLM shall ensure that any ethnographic, historic, architectural, and/or archaeological work

conducted pursuant to this PA is earned out by, or under the direct supervision of, personsmeeting qualifications set forth in the Secretary of the Interior's Professional Qualifications

Standards (currently available at http://www.nps.gov/history/local~law/arch_stnds_9.htm) and

who have been permitted for such work, as necessary, by BLM in Nevada. In addition, the

contractors, subcontractors, or other personnel involved with this undertaking will adhere to the

Bureau of Land Management Nevada State Office: Guidelines and Standards for Archeological

Inventory, BLM Nevada, January 2012-Fifth Edition.

A. Identification

1. The BLM, in consultation with the SHPO, shall ensure that appropriate cultural resource

identification activities, which may include records research; informant interviews;

context development; and archaeological, historic, ethnographic inventory for the APE

are conducted in a manner consistent with the Protocol and Guidelines/Standards.

2. Required cultural resource identification activities shall be completed for the APE

regardless of the ownership (public or private) of the lands involved and BLM shall beresponsible for gaining access to privately held lands.

3. The BLM shall make a good faith effort to consult with the Tribes and affected tribalmembers to identify properties of traditional religious or cultural importance in the

manner referenced in the BLM 8120 and 8120H Manuals.

B. Eligibility

1. For each phase of the undertaking within the APE, the BLM shall evaluate cultural

resources for eligibility to the NRHP. The BLM, in consultation with the SHPO, willdetermine NRHP eligibility prior to the initiation of activities that may affect culturalresources, using the Protocol as guidance.

2. The BLM shall ensure the completion of appropriate cultural resource inventories thatidentify and evaluate cultural resources and preparation of reports in accordance with the

Protocol and with the Bureau of Land Management Nevada State Office: Guidelines and

Standards for Archeological Inventory, BLM Nevada, January 2012-Fifth Edition or any

subsequent edition issued by BLM (Guidelines).

3 Newark/Huntington Watershed impiementation PA

C. Treatment

1. The BLM, in consultation with the SHPO, shall ensure that project activities avoid

adverse effects to historic properties through project design or redesign, relocation of

activities, or by other means in a manner consistent with the Protocol.

2. In avoiding or mitigating effects, the BLM, in consultation with the SHPO, shall

determine the precise nature of effects to historic properties identified in the APE, usingthe Protocol as guidance as well as additional material such as the National Park

Sendce's National Register Bulletins. The BLM shall consult with SHPO in accordance

with the BLM 8100 manual for any portion of the undertaking resulting in an adverseeffect determination,, using the Protocol as guidance.

3. The BLM shall consult with the Tribe(s), or identified tribal members, to evaluate effects

to properties of traditional religious and cultural importance. Based on information shared

with the BLM, the BLM shall determine the appropriate treatment to avoid or minimize

to the extent practicable adverse effects, and consult on these determinations with SHPO

and the Tribe(s).

4. For properties eligible under NRHP criteria (a) through (c), mitigation other than datarecovery may be considered in the treatment plan (e.g., Historic American Buildings

Survey/Historic American Engineering Record recording, oral history, historic markers,

exhibits, interpretive brochures or publications). Where appropriate, treatment plansshall include provisions (content and number of copies) for a publication for the general

public.

5. The BLM, in consultation with the SHPO, shall ensure that the fieldwork portions of any

treatment plan (using BLM staffer contractors and subcontractors) are. completed prior toinitiating any activities that may affect historic properties located within the area covered

by the treatment plan. A notification of completion shall be issued from the BLM

Cultural Resource Specialist (assigned to the treatment project) and given to the BLMproject manager.

6. The BLM shall ensure that all records and materials; resulting from identification and

treatment efforts are maintained until the final treatment report is complete. These

materials will then be curated in accordance with 36 CFR. § 79 or 43 CFR § 10,preferably in a facility in Nevada. BLM will encourage private owners to donate

collections from their lands to the federal repository housing the public records and

materials.

IV. DURATION

This PA shall remain in effect for ten (10) years from the date of its execution. If proposed

actions in the APE are not completed prior to such time, the BLM may consult with the othersignatories to reconsider the terms of the PA and amend it in accordance with Section X of this

PA. Likewise, this document will be reviewed for potential modification if its utility exceeds its

10-year duration. The BLM shall notify the signatories as to the course of action it will pursue.

4| Newark/Huntington Watershed I m pie m e n t atio n PA

V. POST-REVIEW DISCOVERY SITUATIONS

Stipulations of this PA and the Protocol are intended to identify and treat cultural resources that

are eligible for inclusion in the NRHP. In the case of an unplanned discovery, the BLM will

ensure that provisions in section VI.B of the Protocol and Appendix B of this PA are met.

Prior to initiating any ground disturbing activities within the APE, all parties involved in theproject will be notified of discovery procedures as outlined within the Protocol. A BLM

designated and qualified cultural monitor will be present during any project field activities.

Activities in the area of discovery will be halted within 100 meters of the discovery, and thediscovery shall be appropriately protected until the BLM Authorized Officer issues a Notice toProceed.

VI. NOTICES TO PROCEED

When appropriate and, in consultation with the other signatories and in compliance with the PA

stipulations, the BLM may issue Notices to Proceed (NTPs) for individual projects or projectphases, under the following conditions:

A. The BLM, in consultation with the SHPO and in accordance with BLM Manual 8100

direction, has determined that there are:

1. No historic properties within the APE affected by the current phase of the undertaking;

and

2. No properties of traditional religious or cultural importance within the APE affected by

the current phase of the undertaking; or

B. The BLM, after consultation with the SHPO and in accordance with BLM Manual 8100 hasimplemented an adequate treatment plan for the current phase of the undertaking, and:

1. the fieldwork phase of the treatment option has been completed; and

2. the BLM has prepared or accepted a summary description of the fieldwork performed and

a schedule for reporting that work, and

3. the BLM shall provide a copy of the summary to SHPO; and

4. the SHPO shall review the summary and if the SHPO concurs or does not respond within

two working days of receipt, BLM shall assume concurrence and issue the NTP; and

5. the BLM shall not begin any ground disturbing activities within the boundaries of anyhistoric property until a NTP is issued for the property; and

6. a partial NTP may be issued for portions of the APE that are outside of the area that may

affect historic properties.

VII. MONITORING AND REPORTING

Newark/ H u n 11 n g t o n. W ate rs h ed I m. piementation PA

A. Any signatory may monitor actions carried out pursuant to this PA. To the extentpracticable, monitoring activities should minimize the number of monitors involved in the

undertaking.

B. Reporting

1. A summary or letter report will be due five working days after completion of field work.

A draft report of the identification, recordation, and evaluation will be due to the BLM

from any contractor within sixty (60) days after the completion of the fieldworkassociated with the activity, unless otherwise negotiated. Treatment or other mitigation

plans will be subsequent to this process.

2. BLM should review and comment on any report submitted by contractors within a

minimum of thirty (30) calendar days of receipt. Additional BLM review time shall beconveyed to the contractor in a timely manner. The contractor shall submit to the BLM

the revised draft reports within thirty (30) days from receipt of comments.

3. The BLM shall submit the results of identification, recordation, evaluation, and treatment

efforts, including discovery situations, and treatment plans to the SHPO for a thirty-five

(35) calendar day review and comment period.

4. If the SHPO fails to respond to the BLM within thirty-five (35) calendar days of thecertified receipt of a submission, the BLM shall presume concurrence with the findings

and recommendations as detailed in the submission and proceed accordingly.

5. The BLM shall ensure that all final archaeological reports resulting from actions pursuant

to this PA will be provided to the SHPO and the Tribes (pending official request and aMemorandum of Understanding Information Sharing Agreement with the BLM is in

place at the time of request). All such reports shall be consistent with contemporary

professional standards and the Department of Interior's Formal Standards for Final

Reports of Data Recovery Programs (48 Federal Register 44716-44740).

VIII. OTHER CONSIDERATIONS

A. The BLM shall ensure that all its personnel and all the personnel of its contractors and

subcontractors are directed not to engage in the illegal collection of historic and prehistoric

materials. All parties shall cooperate with the BLM to ensure compliance with the

Archaeological Resources Protection Act of 1979 (16 U.S.C. 470), as amended, on public

lands and with Nevada Revised Statutes (NRS) 383 for private lands.

B. The BLM shall ensure that any human remains, grave goods, items of cultural patrimony.,and sacred objects encountered during the undertaking are treated in accordance with all laws

and regulations. In coordination with this PA, human remains and associated grave goodsfound on public land will be handled according to the provisions of the Native American

Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001 et seq., and its

implementing regulations (43 CFR § 10). Human remains and associated grave goods on

private land will be handled according to the provisions ofNRS 383.

ew a rk / H unti n gt on Watershed Implementation PA

C. The BLM shall bear the expense of the identification, evaluation, and any treatment of

historic properties directly or indirectly affected by project-related activity. Such costs may

include, but not be limited to, pre-field planning, fieldwork, post-fieldwork analysis, research

and report preparation, interim and summary report preparation, publications for the general

public, and the cost ofcuratmg project documentation and artifact collections.

D. Information on the location and nature of cultural resources, and information provided by and

considered proprietary by the Tribe(s), will be held confidential in accordance with Federaland State law.

IX. DISPUTE RESOLUTION

If any signatory to this PA, any consulting party, or an interested person, objects to any activities

proposed pursuant to the terms of this PA, the BLM Egan Field Manager (EFM) shall consultwith the objecting party and the SHPO to resolve the issue. If the BLM EFM determines that the

objection cannot be resolved, the objecting party they shall request the assistance of the BLM

Nevada Deputy Preservation Officer and the Ely District Manager to resolve the objection. The

BLM Ely District Manager's decision will be considered final.

The signatories may continue all actions under this PA that are not in dispute.

X. AMENDMENT

Any signatory to this PA may request that this PA be amended, whereupon the signatories will

consult to consider such amendment. The amendment will be effective on the date a copy signed

by all of the signatories is filed with the ACHP.

XI. TERMINATION

Any signatory to this PA may terminate the PA by providing thirty (30) days advance writtennotice with cause to the other signatories, provided that the signatories will consult during the

period prior to termination to seek agreement on amendments or other actions that would avoid

termination.

Newark/ H u nt i n nt on Watershed I m i:)! e m e n t at i on PA

XII. EXECUTION

The execution of this PA and implementation of its terms is evidence that the BLM has taken

into account the effects of this undertaking on historic properties and afforded the ACHP an

opportunity to comment.

SIGNATORIES:

U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT

^ ^ Date 6//0//yJill A. Moore, Egan Field Manager

NEVADA STA^TE HISTORJ€^Rg§ERVATION OFFICE

Date

Rebecca Lynn Palmer, State Historic Preser/ation Officer

CONSULTING PARTIES:

PONY EXPRESS RE-RIDERS

Date

ba-^ /^

Wendy Anderson, Ride Captain (Ely)

* The Lincoln Highway Association and the Oregon-California Trail Associations (OCTA) were invited to

be consulting parties but did not respond.

8 I N ew ark/H unti ngt o n Watershed Implementation PA

03/06/2014 11:03 2891237 ESP CANTEEN

X. AMENTOMOENT

Axiy signatory to thm PA may wysest that this PA be amended, whereupon the signatdries wiilconsult to TOiisidcr 5uch amciKimcnL The amcodment will be effective oft tfac <3at£ a c<^py signed

by all of the sigoatories is filed wifh the ACHt\

XI. TERMINATION

Asxy ^igBatory to this PA mgyttemiiaate the PA byprovidmg thirty (30) days advattce ^vritteanotice with cause to fbe other sigmtories, provided that the signatories wiB consult dariug theperiod prior to te?mt»arioa to seek ^ea»fi»t on ameodmctrts or ofejer a5di<Mis tto: wo<|dd dwidtemimAtion.

XH. EXECUTION

The execatkw offlris PA and ixxyl^maxtaticm of its torn? i$ evidence tfialAe BLM hay takeninto account the effects of this undertakmg on historic pmpaties and aflwded the AO|TP anoppwtuxnly fco mffsmvat

SIGNATORIES:

U.S. DEPARTMENT OF THE INTERIOR. BUREAU OF LAND MANAGEMENT

Date

PAGE 02

Jill A. Mows, Egatt Field MajE^er

NEVADA STATE HISTORIC PRESERVATTON OFFTCE

Date

Rebecca Lyiw Pah»fiT, State Hist<»ri(c Pr^seryatikm OfiSccr

CONSULTING PARTIES:

PONY EXPRESS RE-RTOERS

^US^L^St^L, Ride Cwtaii

Date 3-^'/^

7JPage Newark/Huntington Watershed Implementation PA

APPENDIX A:

AREA OF POTENTIAL EFFECT

9 Newark/ H u n t i n g t o n Watershed Implementation PA

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10 I Newark/ H u nti ngto n Watershed I m p 1. e m entat i o n PA

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14 [ N e w a rk / H u nt in g t o n Watershed I m pl ent a 11 on PA

APPENDIX B:DISCOVERY AND UNANTICIPATED EFFECTS PROCEDURES

In the event that previously unknown cultural resources are discovered within the area of

potential effects of the undertaking, or should known resources be directly or indirectly impacted

in an unanticipated manner, the following actions, at a minimum, would be initiated by the BLM

in consultation with the signatories:

1. All activities will halt in the immediate vicinity of the discovery and all actions will bedirected away from an area at least 100 meters in all directions from the point of discovery.

a. A BLM cultural resources specialist (CRS) will be notified immediately by thecontractors or BLM staff working on the project. The BLM will ensure that a CRS,

with the proper expertise for the suspected resource type, is on-site as soon as

possible.

b. The BLM will initiate consultation with the appropriate parties, including the SHPO,other federal agencies, the Tribes, and interested parties as appropriate.

c. In the event that a CRS or other necessary persons are not immediately available,

BLM may be required to cover and/or otherwise protect the resource until such time

that the appropriate parties can be present for inspection and/or evaluation.

2. Upon arriving at the site of the discovery, the CRS will assess the resource. At a minimum,

the assessment will include:

a. The nature of the resource (e.g., number and kinds of artifacts, presence/absence of

features). This may require screening of already disturbed deposits, photographs of

the discovery, and/or other necessary documentation.

b. The spatial extent of the resource. This may require additional subsurface testing,

mapping or inspection, as is appropriate to the resource.

c. The nature of deposition/exposure. This may require interviews with construction

personnel, other persons having knowledge concerning the resource or, in rareinstances, the expansion of existing disturbances to establish the characteristics of the

deposits.

3. Discoveries and unanticipated impacts to known resources will be managed according to the

provisions of this PA and the Protocol. After consultation with the appropriate parties, BLM

shall then make a determination of eligibility, treatment and effect. If necessary, BLM, in

consultation with the SHPO, the Tribes and appropriate parties, shall ensure that a treatment

plan is prepared following the guidance provided in this PA.

4. Any items covered by NAGPRA encountered in a discovery, or unanticipated impact

situation, will be handled according to Federal Regulation 43 CFR §10 or Nevada state laws,

as appropriate.

5. All implementation activities in the area of the discovery will be halted until the BLMdocuments in writing that identification and treatment is complete and a notice to proceed is

issued.

15 I N e w a rlc / H un 11 n g t o n Watershed I m pl e m. en t a 11 on PA