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ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

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Arizona Mining Permitting Guide<br />

Cultural Resources - Federal lands<br />

Bureau of Land Management and/or Forest Service<br />

Bureau of Land Management<br />

Arizona State Office<br />

One North Central Avenue, Suite 800<br />

Phoenix, AZ 85004<br />

602-417- 9200<br />

www.blm.gov/az/<br />

PERMITS, AUTHORIZATIONS OR FILINGS:<br />

Cultural Resources Use Permit<br />

U.S. Forest Service<br />

Southwest Regional Office<br />

333 Broadway SE<br />

Albuquerque, NM 87102<br />

505-842-3292<br />

LEGAL AUTHORITY:<br />

National Historic Preservation Act of 1966, 16 U.S.C. § 470 et seq.<br />

Archaeological Resources Protection Act of 1979, 16 U.S.C. § 470 aa et seq.<br />

Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. § 3001 et seq.<br />

American Indian Religious Freedom Act of 1978, 42 U.S.C. § 1996, 1996 note<br />

Executive Order 13007, Indian Sacred Sites (May 24, 1996)<br />

Executive Order 13175, Consultation and Coordination with India tribal Governments<br />

(November 6, 2000)<br />

CONDITIONS REQUIRING PERMITS, AUTHORIZATIONS OR FILINGS:<br />

Compliance with Section 106 of the National Historic Preservation Act (NHPA) is necessary<br />

before the Bureau of Land Management / Forest Service (BLM/FS) approves a mining plan.<br />

The operator will ordinarily be required to conduct a cultural resource assessment of the area<br />

potentially affected by mining activities. Such assessments will commonly involve<br />

archaeological survey, ethnohistoric investigations and archival studies. If significant cultural<br />

resources (archaeological or historic sites or places of traditional cultural importance) are<br />

found during the survey, the operator must develop a mitigation plan to ensure that the sites<br />

are avoided by mining activities or are appropriately studied and recorded before mining<br />

activities begin. In some cases, particularly where traditional cultural properties are involved,<br />

other mitigating measures may also need to be implemented in addition to archaeological<br />

studies.<br />

Cultural resource surveys, ethnohistoric investigations, archival studies, development of<br />

mitigation plans, and archaeological studies and recordation must be done by qualified<br />

professional archaeologists, historians, ethnographers, and other professionals appropriate to<br />

the type of work being performed. Personnel carrying out cultural resource investigations on<br />

BLM/FS-administered lands must obtain a Cultural Resource Use Permit prior to beginning<br />

field work.<br />

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