YELLOWSTONE The History of the Construction of the Road System in Yellowstone National Park, 1872-1966 Historic Resource Study, Volume I

I. Research Needs/Ideas

A. The survey and evaluation of the following roads need to be completed following the completion of the remaining volumes of the Historic Resource Study for the Park:

1. Mesa Road
2. Old Mary Mountain Road
3. Maryville Road
4. Slough Creek Ranch Road
5. Road into Reese Creek area
6. all service roads and roads in developed areas
7. campground roads
8. utility roads
9. side roads into interpretive areas

B. The Corkscrew Bridge Site needs to be surveyed and evaluated.

C. A study of the relationship between the construction of the road system and the development of the wayside interpretive exhibits.

D. A study of the impact the creation of the park on the development of the national road system.

II. Treatment of Contributing Resources

Memorandum of Agreement - Yellowstone National Park, and the State Historic Preservation Offices of Wyoming and Montana.

PROGRAMMATIC AGREEMENT
AMONG
NATIONAL PARK SERVICE,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
WYOMING STATE HISTORIC PRESERVATION OFFICER,
MONTANA STATE HISTORIC PRESERVATION OFFICER,
FOR PRINCIPAL PARK ROAD SYSTEM IMPROVEMENT,
YELLOWSTONE NATIONAL PARK

WHEREAS, the National Park Service (NPS) has determined that proposed improvements to the principal park road system at Yellowstone National Park (Yellowstone NP) may affect properties included in or eligible for inclusion in the National Register of Historic Places; and has requested the comments of the Advisory Council on Historic Preservation (Council) pursuant to Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470 [f]), and its implementing regulations, "Protection of Historic and Cultural Properties" (36 CFR Part 800); and,

WHEREAS this AGREEMENT seeks to provide the mechanism to complete any and all requirements of Section 106 of the National Historic Preservation Act of 1966 and its implementing regulations, 36 CFR Part 800, with regard to any work related to specific route on the principal park road system at Yellowstone NP; and,

WHEREAS, the NPS, through the Rocky Mountain Regional Office, has delegated responsibility for complying with Section 106 of the National Historic Preservation Act and the Council's implementing regulations, 36 CFR Part 800, to Yellowstone NP; and

WHEREAS, this AGREEMENT seeks to strengthen and foster the partnership among the NPS, Wyoming State Historic Preservation Office (WYSHPO), Montana State Historic Preservation Office (MTSHPO), and the Council in execution of all organizations' responsibilities under Section 110 and Section. 106 of the National Historic Preservation Act of 1966, amended; and,

NOW, THEREFORE, the NPS, WYSHPO, MTSHPO, and the Council agree that the work undertaken on Yellowstone principal road system, including material obtained from sources outside of Yellowstone NP, shall be administered in accordance with the following stipulations in order to satisfy the NPS's Section 106 responsibilities for work related to each specific route on Yellowstone NP principal road system.

STIPULATION

I. Applicability

This AGREEMENT outlines procedures that will substitute for the Section 106 review process outlined in the 1990 Nationwide Programmatic Agreement and Council's regulations in 36 CFR Part 800 for all work completed for road improvement, reconstruction, and road material acquisition on the principal park road system. The work will be identified in the Parkwide Road Improvement Plan, Environmental Assessment (Finding of No Significant Impact signed June 10, 1992) and any subsequent route specific Environmental Assessments (EAs) that are developed out of the Parkwide Road Improvement Plan, EA.

As identified in the Parkwide Road Improvement Plan, Yellowstone NP will ensure that consultation with appropriate SHPOs, Council, Native American tribes, and other interested persons is completed on all identification, evaluation, and mitigation efforts for each specific route prior to any work being initiated on that route.

II. Consultation with Native American Tribes

Yellowstone NP will consult with appropriate tribe(s) and Native American individuals regarding identification, effects, and treatment of cultural resources that may be affected by this undertaking. The consultations will be in accordance with 36 CFR Part 800.1(c)(2)(iii), National Register Bulletin 38: Guidelines for Evaluating and Documenting Traditional Cultural Properties, and the Council's Public Participation in Section 106 Review: A Guide for Agency Officials. Consultation will include, but not be limited to, the following tribes:

Crow
Arapahoe and Shoshone at Fort Washakie
Confederated Salish and Kootenai Tribes
Blackfeet
Nez Perce
Shoshone and Bannock Tribes at Fort Hall Indian Reservation

III. Identification and Evaluation Standards

Yellowstone NP will ensure that historic properties, which may be affected, are identified and evaluated in a manner consistent with National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation, National Register Bulletin 38: Guidelines for Evaluating and Documenting Traditional Cultural Properties, Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines, applicable SHPO guidance, and the following procedures:

A. Locating Historic Properties

Yellowstone NP will determine the level and type of investigation needed to identify historic properties in accordance with the Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines and appropriate State Historic Preservation Office guidelines.

B. Historic Properties—Evaluation Strategy

1. Historic Structures and Features. The National Register of Historic Places Multiple Property Documentation Form which is currently being prepared for historic features and structures associated with the Yellowstone road system will serve as an historic context for historic-era road-related properties that may be affected.

2. Traditional Cultural Properties. Native American individuals and tribes, as identified in Stipulation II above, will be consulted regarding potential traditional cultural properties (TCP). Any potential TCPs identified in the Area of Potential Effects (APE) will be evaluated for National Register eligibility. Yellowstone NP will seek to evaluate TCPs through the development of ethnographic or ethnohistoric contexts, when funding becomes available to complete this evaluation.

C. Evaluating Historic Significance

Yellowstone NP shall ensure that potential historic properties which may be affected by any phase of the work are evaluated in accordance with 36 CFR Part 800.4 (c), to determine their eligibility for inclusion on the National Register of Historic Places. The evaluation will be consistent with the Secretary of the Interior's Standards and Guidelines for Evaluation (48 Federal Register 190: 44738), 36 CFR 63, and the following stipulations:

When requesting the SHPOs comments on a route specific EA, Yellowstone NP shall provide the SHPO with sufficient information in order to review Yellowstone NP's recommendations on the eligibility of the properties, including the Wyoming or Montana state site form, as appropriate and the Rocky Mountain Region Site Status Evaluation Form, used for prehistoric or historic archeological sites.

Isolated finds, defined as a single artifact, will not be considered eligible for inclusion on the National Register of Historic Places. Descriptive information regarding isolated finds will be included in a report format acceptable to the appropriate SHPO.

IV. Mitigation and Documentation Standards

Yellowstone NP will apply the Criteria of Effect and Adverse Effect in 36 CFR Part 800.9 to properties identified in the APE. Whenever possible, Yellowstone NP will avoid adverse effects to historic properties that are identified in the APE through project redesign or implementation of protective measures. However, if avoidance is not possible, Yellowstone NP will minimize or mitigate effects. The specific means of avoidance, minimization or mitigation of effects will be identified in the route specific EAs, subject to review by the appropriate SHPO and the Council as provided in Stipulation VI. Whenever possible, the following standards will be followed for this undertaking:

A. If historic structures determined to be contributing resources to the overall eligibility of the road are to be demolished and the appropriate SHPO and the Council agree that there is no other feasible alternative, Yellowstone NP will complete documentation according to the standards of the Historic American Building Survey/Historic American Engineering Record (HABS/HAER). Representative features, including headwalls and culverts, will also be documented according to the HABS/HAER standards.

B. Contributing historic structures that will be affected, but not demolished by the undertaking will be treated in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings.

C. The stone headwalls that retain physical integrity and are visible from the road, other visitor use areas, or that are determined to be architecturally significant will be documented, dismantled, and later reassembled over the new culvert pipes. The other headwalls will be documented, dismantled, and the stone salvaged for rehabilitation of other stone structures in the park. The specifics of this activity will be discussed in the route-specific EAs.

D. The final choice of guardrailing will be based on meeting federal safety standards and historical compatibility of railing material.

E. New turnouts as well as turnouts proposed for rehabilitation will be designed and rebuilt to retain scale with the natural and historic setting. Use of native materials such as log, wood, and stone will maintain continuity and historic character. The addition of safety islands will be an addition of non-historic design features but will be constructed of comparable materials to blend with the historic landscape.

V. Treatment of Archaeological Properties

Yellowstone NP will ensure that a comprehensive Treatment Plan is developed for the mitigation of anticipated effects to archaeological properties resulting from improvements to the principle road system. Yellowstone NP will also ensure the development of location and property specific Data Recovery Plans (DRPs) for each individual phase or segment of the project. DRPs will be considered as supplements to the Treatment Plan. The appropriate SHPO and the Council will be afforded an opportunity to review and comment on the Treatment Plan and all subsequent DRPs in accordance with Stipulation VI.

A. Treatment Plan. The Treatment Plan shall be prepared in accordance with the guidance found in the Council's Treatment of Archeological Properties: A Handbook, and Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines (Secretary's Standards). The Treatment Plan shall specify, at a minimum:

(1) A brief description of the cultural areas with which Yellowstone NP is associated, and a discussion of previous research and existing information on archeological properties within Yellowstone NP;

(2) A Research Design that will contain the research questions and goals that are applicable to the project Area as a whole and that will be addressed through data recovery, along with an explanation of their relevance and importance;

(3) Fieldwork and analytical methods and strategies applicable to the Project area as a whole, along with an explanaton of their relevance to the research questions. Such treatment methods will be developed for each class of archaeological property identified to date in the project area;

(4) Proposed procedures for dealing with discovery situations;

(5) Provisions for the curation and disposition of all recovered cultural materials, samples, and records.

(6) Proposed contents of a comprehensive synthesis and final report concerning mitigation activities, meeting the guidelines provided in the Secretary's Standards, providing for it's submission to the SHPOs for review within two (2) years after completion of all fieldwork conducted under the terms of this agreement.

B. Data Recovery Plans

Each phase or segment specific. DRP shall represent a dependent plan and document supplement to the Treatment Plan, providing specific direction for the conduct of data recovery associated with any given route specific EA. DRPs shall conform to the general requirements of the Treatment Plan, and shall incorporate information from the Plan. The DRPs shall specify, at a minimum:

(1) The historic properties to be affected and the nature of the effects;

(2) The research questions identified in the Treatment Plan that will be appropriate for the specific project segment and that will be addressed through data recovery, along with any additional research questions compatible with the Treatment Plan and an explanation of their relevance to the overall research goals as established in the Treatment Plan;

(3) The specific fieldwork and analytical strategies identified in the Treatment Plan, as well as any other strategies that will be employed in the specified project segment; and

(4) A schedule for the submission to the appropriate SHPO(s) of a final report of work completed for the specified project segment.

The Annual Report required in Stipulation XIII will contain a progress report on data recovery activities carried out during the reporting period, including the status of fieldwork, analysis, and final report preparation.

VI. SHPO/Council Consultation

Reviews completed by the SHPOs and the Council of identification efforts, eligibility, and effects to historic properties resulting from actions related to this undertaking shall be phased. Route-specific EAs and supporting documentation will contain sufficient information for review of Yellowstone NP's identification efforts, and determinations of eligibility and effect for each route and will contain proposals for treatment or mitigation of adverse effects.

The route specific EAs will be submitted to the SHPO or SHPOs with jurisdiction and the Council with a cover letter requesting comments under the terms of this AGREEMENT. Review of the route specific EAs will constitute SHPOs and Council's opportunity to comment on all work proposed for specific routes. Where the proposed treatment calls for archaeological data recovery Yellowstone NP may submit the research design/data recovery plan as a separate document.

Unless otherwise specified in this agreement, the SHPO and Council shall be afforded 30 calendar days from receipt of appropriate documents to any Yellowstone NP communication regarding identification, evaluation, eligibility, effect determination, or treatment of effects. These reviews may be carried out concurrently. Should SHPO or Council not respond within this time limit, Yellowstone NP may assume SHPO or Council concurrence and can proceed with Yellowstone NP's proposed course of action. Yellowstone NP will document non-response by the SHPOs or Council in the case file.

VII. Avoidance

If direct or indirect effects on historic properties within the APE are identified subsequent to the review of the EA, but prior to implementation of the proposed work, Yellowstone NP will seek to avoid effects to those properties through project redesign or implementation of protective measures. Yellowstone NP will notify the appropriate SHPO of proposed avoidance measures. Documentation submitted to the SHPO shall include Wyoming and Montana site forms. Depending on the scope and magnitude of the project, a suitable reporting format will be used. If, within 15 days of receipt of documentation, SHPO concurs with the adequacy of avoidance measures, the project may proceed without further consultation. If Yellowstone NP determines avoidance is not possible or if, within 15 days of receipt of documentation, the SHPO objects to the adequacy of avoidance measure, consultation shall proceed in accordance with 36 CFR Part 800.4-6.

VIII. Dispute Resolution

A. Should any party to this AGREEMENT object within (30) days, or within other time frames provided in this AGREEMENT after receipt of any plans, specifications, contracts, or other documents provided for review pursuant to this AGREEMENT, or to the manner in which this AGREEMENT is being implemented, Yellowstone NP shall consult with the objecting party to resolve the objection. If Yellowstone NP determines that the objection cannot be resolved, Yellowstone NP shall forward all documentation relevant to the dispute to the Council. Within thirty (30) days after receipt of all pertinent documentation, the Council will either:

(1) provide Yellowstone NP with recommendations, which Yellowstone NP will take into account in reaching a final decision regarding the dispute;

(2) notify Yellowstone NP that it will comment pursuant to 36 CFR Part 800.6(b) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by Yellowstone NP in accordance with 36 CFR Part 800.6(c)(2) with reference to the subject of the dispute.

Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute; Yellowstone NP's responsibility to carry out all actions under this AGREEMENT that are not the subjects of the dispute will remain unchanged.

B. At any time during the implementation of the measures stipulated in this AGREEMENT, should an objection be raised by a member of the public, Yellowstone NP shall take into account and consult as needed with the objecting party, the SHPO, and the Council to resolve the objection.

IX. Discovery Situations

Should Yellowstone NP find previously unidentified historic properties during the course of an undertaking, the procedures stipulated in 36 CFR Part 800.11 will be followed.

X. Human Remains

lf human remains are encountered on federal lands Yellowstone NP will consult with Native Americans, or other appropriate groups, to determine treatment and disposition measures consistent with applicable federal laws (such as the Native American Graves Protection and Repatriation Act [25 U.S.C. 3002]). If human remains are encountered on state or private lands, Yellowstone NP will ensure that they are treated according to appropriate state laws.

XI. Public Participation

Yellowstone NP will undertake public participation pursuant to 36 CFR Part 800.1(c)(2)(iv) as well as the National Park Service's Management Policies, NPS-12 National Environmental Policy Act Guidelines and NPS-2. National Park Service Planning Guidelines.

XII. Monitoring

The Council, the WYSHPO, and MTSHPO may monitor activities carried out pursuant to this AGREEMENT, and the Council will review such activities if so requested. Yellowstone NP will cooperate with the Council and the SHPOs in carrying out their monitoring and review responsibilities.

XIII. Annual Report and Review

A. Annual Report

On or before December 30 of each year, Yellowstone NP shall prepare and provide to the appropriate SHPO and the Council an annual report addressing but not limited to the following topics in relation to the principal park road system:

1. Description of work completed under this AGREEMENT, including the progress report required under Stipulation V.

2. Number of historic properties listed on or determined eligible for the National Register of Historic Places.

3. Number of historic properties determined ineligible for listing on the National Register of Historic Places.

4. Number of historic properties for which the Criteria of Effect was applied.

5. Copies of correspondence initiating consultation with Native American tribes or other interested parties.

6. Actions taken to implement the terms of this AGREEMENT.

7. Recommendations for implementation during the coming year, including any suggestions to amend the AGREEMENT.

B. Annual Review

The SHPO and Council will review the annual report and provide comments to Yellowstone NP. At the request of any party to this AGREEMENT, a meeting or meetings will be held to facilitate review and comment, to resolve questions, or to resolve comments that are adverse.

XIV. Amendments

Any party to this AGREEMENT may request that it be amended, whereupon the parties will consult in accordance with 36 CFR Part 800.13 to consider such amendment.

XV. Termination

Any party to this AGREEMENT may terminate it by providing thirty (30) days notice to the other parties, provided that the parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, Yellowstone NP will comply with 36 CFR Part 800.4 through 800.6 with regard to individual undertakings covered by this AGREEMENT.

XVI. Failure to Implement AGREEMENT Terms

In the event that Yellowstone NP does not carry out the terms of this AGREEMENT, Yellowstone NP will comply with 36 CFR Part 800.4 through 800.6 with regard to individual undertakings covered by this AGREEMENT.

Execution and implementation of this AGREEMENT evidences that the National Park Service has satisfied its Section 106 responsibilities for all work related to each specific route of the park roads, Yellowstone National Park.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

NATIONAL PARK SERVICE, ROCKY MOUNTAIN REGION

YELLOWSTONE NATIONAL PARK

WYOMING STATE HISTORIC PRESERVATION OFFICER

MONTANA STATE HISTORIC PRESERVATION OFFICER