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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 Overview

  • Relevant Laws

  • Tribal Consultation

  • Stumbling Blocks:

    -Scoping

    -Budgeting

    -Document Submittal

  • ODOT Procedures & Responsibilities


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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)


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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


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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


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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


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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


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  • Important Take Away Message-Subsurface archaeology work on projects requires state permits, which means additional oversight & coordination with ODOT Archaeologists.


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Presentation Overview

  • Relevant Laws

  • Tribal Consultation

  • Stumbling Blocks:

    -Scoping

    -Budgeting

    -Document Submittal

  • ODOT Procedures & Responsibilities


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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


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Approximate Tribal Territories Circa 1850

Source: Atlas of Oregon 2001


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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


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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


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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


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Presentation Overview

  • Relevant Laws

  • Tribal Consultation

  • Stumbling Blocks:

    -Scoping

    -Budgeting

    -Document Submittal

  • ODOT Procedures & Responsibilities


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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


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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


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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


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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!!


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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.


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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


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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


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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


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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


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Procedures

ODOT Archaeology Process


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Presentation Overview

  • Relevant Laws

  • Tribal Consultation

  • Stumbling Blocks:

    -Scoping

    -Budgeting

    -Document Submittal

  • ODOT Procedures & Responsibilities


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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


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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


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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


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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