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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

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Local Government Environmental Training: Archaeology April 2, 2009

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Presentation Transcript
presentation overview
Presentation Overview
  • Relevant Laws
  • Tribal Consultation
  • Stumbling Blocks:



-Document Submittal

  • ODOT Procedures & Responsibilities
relevant laws
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
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
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
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
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.
presentation overview9
Presentation Overview
  • Relevant Laws
  • Tribal Consultation
  • Stumbling Blocks:



-Document Submittal

  • ODOT Procedures & Responsibilities
oregon s federally recognized tribes
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
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, 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
  • 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
presentation overview15
Presentation Overview
  • Relevant Laws
  • Tribal Consultation
  • Stumbling Blocks:



-Document Submittal

  • ODOT Procedures & Responsibilities
things to remember
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
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
  • 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
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.

  • All budgets should be reviewed by an ODOT Archaeologist


Because we know when you’re being overcharged, undercharged and the appropriate level of effort for each project

budget estimates
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
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 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 Process

presentation overview26
Presentation Overview
  • Relevant Laws
  • Tribal Consultation
  • Stumbling Blocks:



-Document Submittal

  • ODOT Procedures & Responsibilities
odot archaeology assistance what we do for you
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
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
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
ODOT Archaeology Staff

Carolyn McAleer

Archaeology Program Manager




Mary K. Turner


Local Agency and Maintenance

Regions 1,2, & 4



Donna Turnipseed

Archaeologist/Built Environment

Region 5



Kurt Roedel


Regions 1W & 2

503.986. 6571


Tobin C. Bottman


Regions 1E & 4



Jessica Bochart


Region 3