ODOT Archaeology Environmental Services Section www odot state

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ODOT Archaeology Environmental Services Section www. odot. state. or. us/eshtm/arch. htm

ODOT Archaeology Environmental Services Section www. odot. state. or. us/eshtm/arch. htm

Introduction – Resource Description – Laws & Regulations – Range of potential impacts and

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

Resource description: archaeological sites • Archaeological resources or sites: locations that contain evidence of previous human presence or activity • Evaluating archaeological Living floor from Newberry Crater, ca. 9500 BCE resources is an exercise in discovery

Why is ODOT involved? • Seven federal laws and three Oregon state laws regulate

Why is ODOT involved? • Seven federal laws and three Oregon state laws regulate the protection of archaeological resources • It’s 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

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

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

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

Example: Mosier Mounds Complex, Wasco Co.

Example: Mosier Mounds Complex, Wasco Co.

Columbia River Gorge National Scenic Area Act (CRGNSA): • Establishes specific processes for dealing

Columbia River Gorge National Scenic Area Act (CRGNSA): • Establishes specific processes for dealing with protection of cultural resources within the Gorge National Scenic Area • Mandates consultation with Columbia River Treaty Tribes – – Celilo Falls, ca. 1900. Benjamin Gifford Confederated Tribes of the Warm Springs Confederated Tribes of the Umatilla Yakama Indian Nation (Washington) Nez Perce Tribe of Idaho

ORS 97. 740: Indian Graves and Protected Objects • Specifies penalties for disturbance of

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

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

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 Oregon’s Tribes are

Stewardship and Government-to. Government Relationships • Coordination and positive relationships with Oregon’s 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 resource’s 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 –

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

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

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 buyoff

Protective Measures: No work zones • Cost: in most circumstances no work zones satisfy

Protective Measures: No work zones • Cost: in most circumstances no work zones satisfy federal regulations and Tribal concerns without further cost, time • Visibility: demonstrates ODOT’s commitment to protecting sensitive areas to Tribes and Regulators

Protective Measures: No work zones • Assists contractor in knowing exactly where sensitive areas

Protective Measures: No work zones • 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

Protective Measures: No work zones • Typically extend from ditch line to right -of-way boundary No work zone

Internal Procedures: Phase I • Consists of a search of archaeological sites records and

Internal Procedures: Phase I • Consists of a search of archaeological sites records and historic documents • Field survey and exploratory subsurface probing when appropriate • Averages one month to complete, with minimal cost, ca. $4 k

Internal Procedures: Phase II • Sub-surface testing to determine boundaries, content, integrity and significance

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 30 k per site.

Internal Procedures: Phase III • If a significant site is unavoidable, data recovery records

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. 100 k and can exceed 1000 k.

Conclusion • Coordination early in project development • Communication on scope changes and willingness

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:

Contacts: • 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