1. ODOT Archaeology Environmental Services Section

2. Introduction Resource Description Laws & Regulations
Range of potential impacts and protective measures
Internal processes and costs

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

4. 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

5. 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.

6. 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 BCE

7. 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

8. Example: Mosier Mounds Complex, Wasco Co.

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

10. 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)

11. 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)

12. 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)

13. 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.

14. Potential range of impacts:
Ground disturbance:
Staging of equipment and material
Embankment
Guardrail installation/flaring
Culvert extensions, etc.

15. 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

16. Protective Measures: Specifications 00170
Protective Measures: Specifications : 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 buy- off

17. 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

18. 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.

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

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

21. 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 30k per site.

22. 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. 100k and can exceed 1000k.

23. 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

24. Contacts:
In the event of accidental discovery or disturbance of known sites, call:
Hal Gard
Environmental Services
Office: (503)
Cell: (503)
Kirsten Anderson
Environmental Services
Office: (503)
Cell: (503)
We will then coordinate with Project Manager, Project Team Leader, Tribes and Regulator to coordinate resolution.