BUREAU OF LAND MANAGEMENT PERMIAN BASIN PROGRAMMATIC AGREEMENT SUCCESS CONTINUES
CASE STUDY
The Mescalero Plain is a band of wind deposited sand and dunes in southeastern New Mexico, with evidence of Paleoindian use since at least 5,000 BC.The plain sits atop the Permian Basin, the largest oil and gas basin in North America.The first oil well in the Permian Basin in New Mexico was drilled in 1924. By 2003, more than 300,000 acres managed by the BLM field office had been surveyed for oil and gas projects, and more than 8,000 archaeological sites had been recorded. In New Mexico, most of the oil and gas development in the Permian Basin occurs on 2 million acres managed by the BLM Pecos District.The district processes thousands of oil-and-gas applications to drill annually, making it one of the busiest offices in the nation. For 30 years, BLM’s archaeological program was driven by industry’s needs–in the face of a proposed wellsite, the preferred action was “flag and avoid” (survey and record sites, and redesign projects to avoid the historic properties). As long as the spacing between developments allowed archaeologists to help industry move project footprints to avoid archaeological resources, preservation in place was a viable option. However, over time, intense development in some areas made it difficult to locate projects without harming archaeological sites. Many sites were being lost due to infrastructure maintenance, dune formation, and were ravaged by illegal artifact collecting. An alternative to “flag and avoid” was needed. BLM and the New Mexico SHPO collaborated with archaeologists, tribes, and industry on a different approach to balancing energy development and archaeology.The fruits of their efforts were embodied in a Section 106 agreement that encompasses 1,700 square miles with the most active oil and gas areas. Operating under the agreement is voluntary–if a company chooses the agreement procedures, it contributes the cost of the archaeological survey into a mitigation pool. Under the terms of the agreement, the partners in the program collaborate to determine how the pool’s funds are used, providing effective support for research and interpretation of the area’s archaeology. Since 2008, the oil industry has paid nearly $11 million into the pool.Without the Permian Basin agreement, those funds would have been spent on thousands of small surveys. Instead, the funding pool has built a comprehensive field program, providing millions of dollars for archaeological research and studies that provide a foundation for understanding and managing the area’s archaeological resources. Now all resources are managed through a GIS integrated with the New Mexico Cultural Resource Information System, replacing outdated records in an easy-to-access format.The system provides real-time pictures of surveyed areas and sites, indicating where work is needed.The pool supports educational materials and outreach events to engage locals with their heritage. Use of the agreement procedures gives industry more predictability and control over schedules and budgets needed to operate efficiently and demonstrates that the cultural resources projects they fund have real-world benefits. The original agreement was so successful that signatories have extended the program’s life through a Programmatic Agreement for 10 more years. Innovative use of the Section 106 process shows that the years of directed field research have done more to understand and manage the resources than 30 years of business as usual.
22 | IN A SPIRIT OF STEWARDSHIP: A REPORT ON FEDERAL HISTORIC PROPERTY MANAGEMENT 2018
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