1. 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

2. 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)

3. State Laws
Oregon Revised Statute (ORS) Archaeological Objects and Sites
ORS Permits and Conditions for Excavation and Removal
ORS Indian Graves and Protected Objects
ORS (11) Exemptions from Public Records Requests
ORS State Agencies to develop and implement policy on relationship with tribes

4. 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

5. Qualified Contractors
What is an Oregon “qualified archaeologist”?
Vetted and approved under ORS
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

6. Available resources Oregon SHPO webpage If an archaeologist is needed
Archaeological Services
Go Digital (comes with instructions)
If an archaeologist is needed
Contractor Directory
Get quotes from at least three
If an archaeological permit is needed
30 day review (per ORS and OAR to 0090)

7. 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

8. When does shpo recommend survey?

9. 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

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

11. When does shpo recommend survey?
SHPO recommends the survey so project proponents do not unknowingly end up violating ORS or ORS

12. 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

13. 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.

14. 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.

15. 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.

16. Questions?