The Role of the SHPO John Pouley, Assistant State Archaeologist

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Presentation transcript:

The Role of the SHPO John Pouley, Assistant State Archaeologist An overview of federal and state laws and the compliance review process John Pouley, Assistant State Archaeologist Oregon SHPO

Federal Laws National Historic Preservation Act (NHPA) Section 106 (36CFR800) Native American Graves Protection and Repatriation Act (NAGPRA) Archaeological Resources Protection act (ARPA) American Indian Religious Freedom Act (AIRFA) National Environmental Policy Act (NEPA)

State Laws Oregon Revised Statute (ORS) 358.905-961 Archaeological Objects and Sites ORS 390.235 Permits and Conditions for Excavation and Removal ORS 97.740-760 Indian Graves and Protected Objects ORS 192.501(11) Exemptions from Public Records Requests ORS 182.164 State Agencies to develop and implement policy on relationship with tribes

compliance Due diligence or “good faith effort”. Send project to SHPO 30-day review begins when project information received at SHPO SHPO can identify if archaeological sites are known in the project area If they are likely If the project area has been recently surveyed by a professional archaeologist If a survey is needed If a permit is needed

Qualified Contractors What is an Oregon “qualified archaeologist”? Vetted and approved under ORS 390.235 Able to apply for state issued archaeological permits Cost? Varies considerably depending on Project Level of work needed Contact at least three for comparisson Check the Contractor Permit Status 2007-Present link http://www.oregon.gov/oprd/HCD/ARCH/docs/rpt_Permits_All_byApplicantYear.pdf

Available resources Oregon SHPO webpage If an archaeologist is needed Archaeological Services Go Digital (comes with instructions) http://www.oregon.gov/oprd/HCD/SHPO/Pages/go-digital.aspx If an archaeologist is needed Contractor Directory http://www.oregon.gov/oprd/HCD/ARCH/docs/contractor_directory--archaeologists.pdf Get quotes from at least three If an archaeological permit is needed 30 day review (per ORS 390.235 and OAR 736-051-0000 to 0090)

Things to consider regarding project planning Contact SHPO as early as possible SHPO has a 30-day review period (four archaeologists review over 3,000 projects annually) Most projects on private land do not lead to survey or the need for an archaeological permit. If a permit is needed, the period for entities with review authority is 30-days

When does shpo recommend survey?

When does shpo recommend survey? If the project is in a likely location for archaeological sites, and it has not been surveyed, SHPO will recommend one prior to project implementation

When does shpo recommend survey? Is a survey recommended for only ground disturbing projects? No

When does shpo recommend survey? SHPO recommends the survey so project proponents do not unknowingly end up violating ORS 358.905-961 or ORS 97.740-760.

When does shpo recommend survey? If an archaeological site exists in the project area, SHPO will work with the project proponent to see if avoidance is possible

When does shpo recommend survey? Since archaeological sites often have subsurface components, some testing (small scale excavation) may be necessary to determine the boundary, to assist with avoidance.

When does shpo recommend survey? If avoidance is not possible, archaeological evaluative testing (under a state issued permit by a “qualified archaeologist”) will assess if the site is significant, or if the project will result in adverse effects.

When does shpo recommend survey? If an archaeological site is significant “eligible to the National Register of Historic Places”, and will not be avoided, mitigation is required.

Questions?