Introduction – –Resource Description – –Laws & Regulations – –Range of potential impacts and protective measures – –Internal processes and costs
Resource description: archaeological sites Archaeological resources or sites: locations that contain evidence of previous human presence or activity Evaluating archaeological resources is an exercise in discovery Living floor from Newberry Crater, ca. 9500 BCE
Why is ODOT involved? Seven federal laws and three Oregon state laws regulate the protection of archaeological resources Its the right thing to do: –Tribal relationships –Stewardship responsibilities Cedar-root baskets made by the Klickitat Tribe of southwest Washington, ca. 1900
National Environmental Policy Act (NEPA): Stipulates that federally assisted undertakings must evaluate effects to natural and cultural resources Culminates in preparation of an Environmental Assessment (EA) or Environmental Impact Statement (EIS) Allows for public and tribal involvement in decision making process.
National Historic Preservation Act (NHPA), Section 106: Requires federally funded undertakings to take into account effects to cultural resources, including archaeological resources Specifies a process and establishes criteria by which to evaluate cultural resources Sagebrush bark sandals from Fort Rock cave, ca. 9000 BCE
Department of Transportation Act, Section 4(f): Specifies that transportation projects should strive to protect cultural resources If a feasible alternative exists where the transportation project can be constructed and avoid the cultural resource, 4(f) requires the selection of that alternative Only applies to archaeological sites if preservation in place is warranted
Columbia River Gorge National Scenic Area Act (CRGNSA): Establishes specific processes for dealing with protection of cultural resources within the Gorge National Scenic Area –Confederated Tribes of the Warm Springs –Confederated Tribes of the Umatilla –Yakama Indian Nation (Washington) –Nez Perce Tribe of Idaho Mandates consultation with Columbia River Treaty Tribes Celilo Falls, ca. 1900. Benjamin Gifford
ORS 97.740: Indian Graves and Protected Objects Specifies penalties for disturbance of Indian graves or funerary/sacred objects Persons disturbing such remains, including through inadvertence, must reinter at own expense, in coordination with the appropriate Tribe(s)
ORS 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)
ORS 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)
Stewardship and Government-to- Government Relationships Coordination and positive relationships with Oregons Tribes are critical for success of projects involving archaeological resources Executive order 96-30: Tribes have legal status as independent nations, relationship is one of government to government. Regulations consider a resources information potential; prehistoric sites often possess a cultural significance for the Tribes that transcends information value.
Potential range of impacts: Ground disturbance: – –Staging of equipment and material – –Embankment – –Guardrail installation/flaring – –Culvert extensions, etc.
Urban archaeology: Difficult to identify through field survey; despite extensive disturbance, potential exists for undiscovered sites during construction Coordination is key: contact ODOT archaeologists if cultural material is encountered during project construction Euro-American iron buckle from Limpy Creek, Rogue River
Protective Measures: Specifications 00170.51: Protection of Cultural Sites Lists federal and state laws that address protection of cultural resources on the job Details protective measures to maintain and consequences of disturbance Streamlines the process for regulatory buy-off
Protective Measures: No work zones Cost: in most circumstances no work zones satisfy federal regulations and Tribal concerns without further cost, time Visibility: demonstrates ODOTs commitment to protecting sensitive areas to Tribes and Regulators
Assists contractor in knowing exactly where sensitive areas are on a project Avoids accidental disturbance to resources during project construction. Protective Measures: No work zones
Typically extend from ditch line to right-of- way boundaryTypically extend from ditch line to right-of- way boundary No work zone Protective Measures: No work zones
Internal Procedures: Phase I Consists of a search of archaeological sites records and historic documents Field survey and exploratory sub- surface probing when appropriate Averages one month to complete, with minimal cost, ca. $4k
Internal Procedures: Phase II Sub-surface testing to determine boundaries, content, integrity and significance If 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.
Internal Procedures: Phase III If a significant site is unavoidable, data recovery records and preserves information from the site Time-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.
Conclusion Coordination early in project development Communication on scope changes and willingness to explore creative solutions Early identification, communication and protective measures help to ensure projects – –avoid resource conflicts, – –obtain clearance from Tribes and Regulators – –stay on schedule
Contacts: In the event of accidental discovery or disturbance of known sites, call:In the event of accidental discovery or disturbance of known sites, call: Hal Gard Environmental Services Office: (503) 986-3508 Cell: (503) 551-1611 Kirsten Anderson Environmental Services Office: (503) 986-3512 Cell: (503) 508-6707 We will then coordinate with Project Manager, Project Team Leader, Tribes and Regulator to coordinate resolution. www.odot.state.or.us/eshtm/arch.htm