Preservation of cultural resources is mandated by a large and complex set of federal, state and county regulations. However, all agencies that are subject to federal regulations must follow certain definitions and practices.
Prehistoric resources predate the written history of European-Americans. Historic resources are defined as objects or sites 50 years of age or older. An isolated find is an individual prehistoric or historic object such as an arrowhead or grinding stone. Historic sites are specific locations that include structures and/or assemblages of cultural objects, or a location of a significant historical event. "Historic property" is a legal term and refers specifically to any cultural resource listed on, or considered eligible for inclusion in, the National Register of Historic Places (NRHP). Not all archaeological or historical sites meet the specific regulatory criteria for historic property designation. Preliminary work results in a recommendation, or not, of eligibility of a given resource. The lead cultural resource agency on a given project then makes the determination of eligibility to the NRHP. This determination may be made in consultation with other cultural resource management agencies. Permit applicants and other interested parties may also comment on the eligibility determination. A similar process is followed for nomination to the State Register or for local landmark status.
Cultural resource management agencies must evaluate if a specific project or action has an effect or impact upon significant cultural resources. Effects may be adverse in the case of actions that severely alter or necessitate removal of a cultural resource. An adverse effect may not directly impact a resource, but significantly alter the context or setting of that resource. Effects may be beneficial in the case where a cultural resource is not altered and receives documentation, proactive management, and protection. When clear determinations of impact cannot be made, monitoring plans are required.
The exact location of sensitive archaeological sites is typically withheld from the public and exempt from the Freedom of Information Act in order to prevent artifact gathering and other forms of destruction.
Boulder County serves as a Certified Local Government under the National Historic Preservation Act, and is the lead governmental agency in the management of cultural resources on private and County owned properties in the Planning Area.
Boulder County has an on-going historic sites inventory program. Article 15 of the Boulder County Land Use Code requires that consideration be given to all historic sites within the County during County permitting processes. The Boulder County Historic Preservation Advisory Board (HPAB) has the duty to "Serve as a referral body to review and comment on proposed land use regulations and amendments to the Boulder County Comprehensive Plan, as well as development proposals which would affect designated historic landmarks." If HPAB determines that historic properties are endangered by specific acts and the structure may be eligible for designation as an historic landmark:
…the issuance of the permit will be stayed for up to 120 days. A copy of this determination, including the reasons for determining the structure is eligible for designation, shall be provided to the property owner by regular mail within seven days of the determination being made. The 120 day time period during which the permit is stayed shall be used to discuss the nomination of the structure for landmark status, and to look for alternatives to the proposed action which will not have an adverse impact on the historic significance of the structure.
Local landmark designations may only be made with property owner approval, and bestow regulatory protection to specific historical resources. Landmarked structures may not be subject to significant exterior changes without approval of HPAB. Should HPAB deny a request to alter a structure, there is a hardship/relief appeal process whereby the proposal is heard before the Board of County Commissioners.
The Boulder County Comprehensive Plan includes a Cultural Resources Element, which is included, in part, in Appendix 6.2.
The State of Colorado's historic preservation regulations are administered through the Colorado Historical Society, Office of Archaeology and Historic Preservation (OAHP). Concern for cultural resources has been expressed by the Colorado state legislature in the Colorado Register of Historic Places Act (CRS 24-80.1, as amended). This law recognizes the importance of the state's cultural heritage and takes steps to insure that this heritage is considered adequately in the planning process for undertakings. The state law tends to mirror the National Environmental Policy Act provisions for protection of cultural resources at the state, county, and local level. The State of Colorado passed statutes encouraging counties and local governments to protect cultural resources, including House Bills 1034 and 1041.
OAHP has published prehistoric and historic contexts for Colorado as a part of the Resource Protection Planning Process (RP3). The Planning Area is within the Mountains Historic and Mountains Prehistoric Colorado RP3 Contexts (Mehls 1984, Guthrie et al. 1984). The Colorado Engineering Context also applies to structural and mining features (King 1984). These contexts serve as the intellectual framework for much of the research conducted in the state.
The Forest Service is required to inventory and evaluate all cultural resources on National Forest System lands, and protect, enhance, and nominate significant resources meeting the criteria to the NRHP. Section 106 of the National Historic Preservation Act of 1966, as amended, requires the Forest Service to determine if federally funded, permitted, or licensed activities would disturb significant cultural resources. The criteria for the NRHP refer to the quality of significance in American history, architecture, archeology, and culture. If a resource would be affected, the activity is considered an "undertaking", and the appropriate inventory, evaluation, consultation, and necessary protection would be conducted. The Archaeological Protection Act of 1979, as amended, requires each federal agency to develop a plan for inventory, survey, and site protection. The Native American Graves Protection and Repatriation Act of 1990 requires each federal agency to survey and inventory cultural resource collections for materials related to traditional ceremonial use. Some of the additional federal regulations that apply to cultural resources are referenced in Appendix 6.3.
The goals of the Forest Service heritage resources1 program (Arapaho and Roosevelt National Forests, 1997) are to:
Provide interpretation to increase public understanding, appreciation, and perspective of our diverse heritage
Provide opportunities for scientific study to gain knowledge about past human behavior and about past environments relevant to present and future ecosystem management
Inventory resources and prevent loss or damage until they can be evaluated for significance and appropriate uses
Nominate significant sites to the NRHP
Forest planners anticipate that as use of the Forest continues to rise due to the increased local population and non-resident visits to the Forest, impacts to heritage resources are expected to increase.
Disturbing sites or collecting and removing artifacts such as projectile points and barnwood from federal lands without a permit is prohibited.
1 Federal agencies now refer to cultural resources as heritage resources.
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