Relevant Laws National Historic Preservation Act (NHPA), Section 106 Archaeological Resources Protection Act (ARPA) Native American Graves Protection and Repatriation Act (NAGPRA) Oregon Revised Statutes Transportation Act, Section 4(f)
Do you have a Federal Nexus? Federal Permits (404…etc.) Federal Dollars (FHWA funds) Federal Land (BLM, USFS, BIA) *All Trigger Section 106 of NHPA
Section 106 of NHPA of 1966 Federal Agencies shall…take into account the effects of undertakings on sites, buildings etc,… eligible for listing or on the National Register of Historic Places….and provide the Council a reasonable opportunity to comment Procedural Law
Section 106 Process Basics Identify the undertaking and consulting parties Identify historic resources in the project Area of Potential Effect Evaluate resources Determine effects and submit findings to State Historic Preservation Office (SHPO)/Tribal Historic Preservation Office (THPO) Mitigate for adverse effects
Oregon Revised Statutes ORS & Establishes archaeological permitting process for public and private lands (30-day review period) ORS Protects Native American graves and funerary items ORS Requires state agencies to establish a Government-to-Government policy
Important Take Away Message- Subsurface archaeology work on projects requires state permits, which means additional oversight & coordination with ODOT Archaeologists.
Oregon’s Federally Recognized Tribes Burns Paiute Confederated Tribes of Grand Ronde Confederated Tribes of Siletz Confederated Tribes of Umatilla Confederated Tribes of Warm Springs Coquille Indian Tribe Cow Creek Band of Umpqua Indians Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Klamath Tribes
Approximate Tribal Territories Circa 1850 Source: Atlas of Oregon 2001
Tribal Sovereignty Sovereignty is the exclusive right to exercise supreme political authority over a geographic region, group of people or oneself Because of their unique status, Indians are citizens of three sovereigns: their Tribe, the United States, and the State of Oregon Confederated Tribes of the Umatilla Reservation General Council Tribes are individual sovereign entities that retain the right to govern own land and affairs
Ceded, Reservation, Usual and Accustomed Lands Ceded lands are those lands “ceded” or given to the US Government in exchange for something tangible Reservation lands are those lands where the Tribes have sovereign control Usual and Accustomed lands are areas located within and outside of the ceded lands where the tribes have traditional fisheries or other activities
Consultation Remember that consultation must happen as required under Section 106 of the NHPA & ORS ODOT’s Tribal Liaisons meet face-to-face frequently with all nine federally recognized tribes; they discuss all projects, including Local Agency Projects Consultation must happen early and often, and should span the duration of the project. If your projects have a federal nexus, we may need to consult with out-of-state Federally Recognized Tribes as well
Things to Remember Cultural resources laws require coordination with various parties, including Tribes Permitting process requires timely planning and oversight So, coordinating with ODOT is essential to making your project move forward without problems Scoping becomes critical
Stumbling Block #1 Local Agency receives Scope & Budget from a consultant and moves forward without ODOT review What will happen? Your project runs the risk of receiving insufficient archaeological work, and the technical report is rejected by ODOT & SHPO, or You may receive too much, unnecessary evaluation that you will pay for, or Your project may not receive tribal consultation, a critical part of the process
Scoping Archaeological resources can be difficult to identify upfront, we have no crystal ball The project Archaeologist must meet the Secretary of Interior’s Standards Scoping includes: review of SHPO Archaeological Database & Technical Reports, Historic Maps, Historical Literature & Tribal Consultation What does it get you? Solid recommendations on the level of effort for each project
Scoping TCPs & Culturally Sensitive Sites Traditional Cultural Properties and sacred places can only be identified by those consulting parties; it’s important to talk to the Tribes early ODOT Archaeologists are also the Agency Tribal Liaisons and maintain good, working relationships with the Tribes Important Take Away Message: Upfront consultation will help you avoid delays later!!
Scoping Important Take Away Message: Only someone who has the proper archaeological training & who knows the landscape & history can help you avoid problems. Meeting these requirements will help you keep the cost down and move things along quickly.
Budgeting All budgets should be reviewed by an ODOT Archaeologist Why? Because we know when you’re being overcharged, undercharged and the appropriate level of effort for each project
Stumbling Block #2 Local Agency sends SHPO technical reports and FOEs directly to SHPO without ODOT Archaeologist review What will happen? SHPO will not sign your FOE You will lose time & miss your bid date
Documentation Submittals Documentation must be submitted to the ODOT Geo-Environmental Section through the Region’s Local Agency Liaison or other Region contact for transmittal to the appropriate agency SHPO requires a 30-day review period (by statute) for FOEs Tribes have a 30-day review period for PA Memos and FOEs
ODOT Archaeology Assistance What we do for you… Review all Scopes of Work & Budgets. This saves everyone lots of time and money Conduct all Tribal consultation Review Archaeology Permits (State & ARPA) Review Technical Reports, DOEs, PA Memos, etc Draft & Submit all FOEs to SHPO/THPO
If There’s an Adverse Effect? ODOT Archaeologist will: Coordinate consultation meetings with FHWA, Local Agency, SHPO and Tribes Draft Memorandum of Agreement (MOA) outlining mitigation Review all Data Recovery Plans, Technical Reports, and monitoring protocols
Key Take Away Points: Federal nexus triggers Section 106 review: cultural resources evaluation Tribal consultation is required on all projects Scopes and budgets must be reviewed by ODOT Archaeologists All tech reports and FOEs must go through ODOT Archaeologist
ODOT Archaeology Staff Carolyn McAleer Archaeology Program Manager Statewide Mary K. Turner Archaeologist Local Agency and Maintenance Regions 1,2, & Donna Turnipseed Archaeologist/Built Environment Region Kurt Roedel Archaeologist Regions 1W & Tobin C. Bottman Archaeologist Regions 1E & Jessica Bochart Archaeologist Region