Local Government Environmental Training: Archaeology April 2, 2009

Local Government Environmental Training: Archaeology April 2, 2009

Presentation Overview • Relevant Laws • Tribal Consultation • Stumbling Blocks: -Scoping -Budgeting -Document Submittal • ODOT Procedures & Responsibilities

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 • ORS358.920 & 390.235 - Establishes archaeological permitting process for public and private lands (30-day review period) • ORS97.740 - Protects Native American graves and funerary items • ORS182.162 - 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 • Coquille Indian Tribe • Cow Creek Band of Umpqua Indians • Confederated Tribes of Coos, Lower Umpqua, and Siuslaw • Klamath Tribes • Burns Paiute • Confederated Tribes of Grand Ronde • Confederated Tribes of Siletz • Confederated Tribes of Umatilla • Confederated Tribes of Warm Springs

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 • Tribes are individual sovereign entities that retain the right to govern own land and affairs Confederated Tribes of the Umatilla Reservation General Council

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 182.162 • 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!!

ScopingImportant 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

Budget Estimates • Phase 1: Survey & Subsurface Probing (PA Memos & Tech Reports)- $5000-$25,000 • Phase 2: Subsurface Testing (Excavations & Analysis & Tech Report)- $25,000-$75,000 • Phase 3: Data Recovery (Data Recovery Plan & Excavations, Analysis, Tech Report)- $80,000-+$1,000,000

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

Procedures ODOT Archaeology Process

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 503.986.3309 Carolyn.p.mcaleer@odot.state.or.us Mary K. Turner Archaeologist Local Agency and Maintenance Regions 1,2, & 4 503.986.6591 Mary.k.turner@odot.state.or.us Donna Turnipseed Archaeologist/Built Environment Region 5 541.963.1347 Donna.L.Turnipseed@odot.state.or.us Kurt Roedel Archaeologist Regions 1W & 2 503.986. 6571 Kurt.Roedel@odot.state.or.us Tobin C. Bottman Archaeologist Regions 1E & 4 503.986.3783 Tobin.C.Bottman@odot.state.or.us Jessica Bochart Archaeologist Region 3 503.864.8820 Jessica.bochart@odot.state.or.us

Local Government Environmental Training: Archaeology April 2, 2009