2Introduction Resource Description Laws & Regulations Range of potential impacts and protective measuresInternal processes and costs
3Resource description: archaeological sites Archaeological resources or sites: locations that contain evidence of previous human presence or activityEvaluating archaeological resources is an exercise in discoveryLiving floor from Newberry Crater, ca BCE
4Why is ODOT involved?Seven federal laws and three Oregon state laws regulate the protection of archaeological resourcesIt’s the right thing to do:Tribal relationshipsStewardship responsibilitiesCedar-root baskets made by the Klickitat Tribe ofsouthwest Washington, ca. 1900
5National Environmental Policy Act (NEPA): Stipulates that federally assisted undertakings must evaluate effects to natural and cultural resourcesCulminates in preparation of an Environmental Assessment (EA) or Environmental Impact Statement (EIS)Allows for public and tribal involvement in decision making process.
6National Historic Preservation Act (NHPA), Section 106: Requires federally funded undertakings to take into account effects to cultural resources, including archaeological resourcesSpecifies a process and establishes criteria by which to evaluate cultural resourcesSagebrush bark sandals from Fort Rockcave, ca BCE
7Department of Transportation Act, Section 4(f): Specifies that transportation projects should strive to protect cultural resourcesIf a feasible alternative exists where the transportation project can be constructed and avoid the cultural resource, 4(f) requires the selection of that alternativeOnly applies to archaeological sites if preservation in place is warranted
9Columbia River Gorge National Scenic Area Act (CRGNSA): Establishes specific processes for dealing with protection of cultural resources within the Gorge National Scenic AreaCelilo Falls, ca Benjamin GiffordMandates consultation with Columbia River Treaty TribesConfederated Tribes of the Warm SpringsConfederated Tribes of the UmatillaYakama Indian Nation (Washington)Nez Perce Tribe of Idaho
10ORS 97.740: Indian Graves and Protected Objects Specifies penalties for disturbance of Indian graves or funerary/sacred objectsPersons disturbing such remains, including through inadvertence, must reinter at own expense, in coordination with the appropriate Tribe(s)
11ORS 358.905: Archaeological Objects and Sites Specifies that removal or excavation of archaeological material must be authorized by a permit issued by State Parks and Recreation Department (SHPO)
12ORS 390.235: Archaeological Sites and Historical Materials Specifies that no permit is effective without approval of state agency managing public land, and appropriate Indian Tribe(s)
13Stewardship and Government-to-Government Relationships Coordination and positive relationships with Oregon’s Tribes are critical for success of projects involving archaeological resourcesExecutive order 96-30: Tribes have legal status as independent nations, relationship is one of government to government.Regulations consider a resource’s information potential; prehistoric sites often possess a cultural significance for the Tribes that transcends information value.
14Potential range of impacts: Ground disturbance:Staging of equipment and materialEmbankmentGuardrail installation/flaringCulvert extensions, etc.
15Urban archaeology:Difficult to identify through field survey; despite extensive disturbance, potential exists for undiscovered sites during constructionCoordination is key: contact ODOT archaeologists if cultural material is encountered during project constructionEuro-American iron buckle fromLimpy Creek, Rogue River
16Protective Measures: Specifications 00170 Protective Measures: Specifications : Protection of Cultural SitesLists federal and state laws that address protection of cultural resources on the jobDetails protective measures to maintain and consequences of disturbanceStreamlines the process for regulatory buy- off
17Protective Measures: No work zones Cost: in most circumstances no work zones satisfy federal regulations and Tribal concerns without further cost, timeVisibility: demonstrates ODOT’s commitment to protecting sensitive areas to Tribes and Regulators
18Protective Measures: No work zones Assists contractor in knowing exactly where sensitive areas are on a projectAvoids accidental disturbance to resources during project construction.
19Protective Measures: No work zones Typically extend from ditch line to right-of- way boundaryNo work zone
20Internal Procedures: Phase I Consists of a search of archaeological sites records and historic documentsField survey and exploratory sub- surface probing when appropriateAverages one month to complete, with minimal cost, ca. $4k
21Internal Procedures: Phase II Sub-surface testing to determine boundaries, content, integrity and significanceIf sites are not significant, no further investigation is necessary; if site is significant and unavoidable, mitigation strategies must be identified (phase III)Phase II averages 3-6 months, and costs an average of 30k per site.
22Internal Procedures: Phase III If a significant site is unavoidable, data recovery records and preserves information from the siteTime-consuming and costly; development and review of data recovery plan can take 6-9 months, and fieldwork is labor and time intensive. Phase III begins at ca. 100k and can exceed 1000k.
23Conclusion Coordination early in project development Communication on scope changes and willingness to explore creative solutionsEarly identification, communication and protective measures help to ensure projectsavoid resource conflicts,obtain clearance from Tribes and Regulatorsstay on schedule
24Contacts:In the event of accidental discovery or disturbance of known sites, call:Hal GardEnvironmental ServicesOffice: (503)Cell: (503)Kirsten AndersonEnvironmental ServicesOffice: (503)Cell: (503)We will then coordinate with Project Manager, Project Team Leader, Tribes and Regulator to coordinate resolution.