Archaeologyand Why it Matters

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Kurt RoedelRegion 2

Archaeologist/Tribal Liaison503-986-6571

kurt.roedel@odot.state.or.us

Overview

• Archaeology defined

• Cultural resource laws

• Archaeological site types

• Contracting

• Project timelines

• Construction2

• Study of past human behavior/culture through analysis of material remains

• Site is any area which displays evidence of human activity

• The material can be on the ground surface or deeply buried, few/many artifacts

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Archaeology Defined

What We Do at ODOT• Try to balance a growing transportation

system while protecting Oregon’s significant cultural resources

– Save time by managing resources properly

– Save money by avoiding damage to significant resources

Federal• National Historic Preservation

Act - Section 106, Section 304

• Department of Transportation Act - Section 4(f)

• Archaeological Resources Protection Act (ARPA)

• Native American Graves Protection/Repatriation Act (NAGPRA)

State• ORS 97.740 -

Indian Graves and Protected Objects

• ORS 358.905-961 -Archaeological Objects and Sites

• ORS 390.235 -Archaeological Sites and Historical Material

• ORS 192.501 -Protection of Sensitive Cultural Information

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Cultural Resource Laws

ORS 97.740 - Indian Graves and Protected Objects• “No person shall willfully remove, mutilate,

deface, injure or destroy any cairn, burial, human remains, funerary object, sacred object or object of cultural patrimony of any native Indian”

• Criminal Prosecution– Class C Felony

• Civil Prosecution– Fine up to $10,000 or actual damages– Punitive damages, attorney fees, forfeiture

of artifacts 6

ORS 358.905-961 - Archaeological Objects and Sites• Defines an archaeological

site as more than 75 years old

• Archaeological sites are finite, irreplaceable and nonrenewable resources

• State shall preserve and protect the significant cultural heritage

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ORS 358.905-961 - Archaeological Objects and Sites• Collection of an arrowhead from the surface

of public or private land is permitted if it can be accomplished without the use of any tool

• Criminal Prosecution– Class B Misdemeanor

• Civil Prosecution– Forfeiture of artifacts– Reinter artifact cost, attorney fees– Cost to reimburse landowner

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ORS 390.235 - Archaeological Sites and Historical Material• Permit needed for excavation on state lands

or private lands with known site• Permit cannot be issued without approval

from the land owner and appropriate tribes• Qualified archaeologist obtains• Curatorial facility required• SHPO consults with:

– Landowner, CIS, Indian tribes• Usually 30-day turnaround

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ORS 390.235 - Archaeological Sites and Historical Material• Expedited permit process if artifacts are

encountered during construction– Proper due diligence conducted– If action will result in extreme

economic hardship– If undue risk to public, health,

life, safety• Criminal Prosecution

– Class B Misdemeanor

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Private Land Rights• SHPO Bulletin 1• Landowner owns

archaeology sites• Land cannot be taken away • Landowner owns artifacts

with the exception of items covered under ORS 97.740

• ODOT only examines area of impact

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Why We Do It - Relationships• State Historic Preservation Office• FHWA/Western Federal Lands• Federal landowners• Federal permitting agencies• State and local agencies

• Burns Paiute Tribe

• Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians

• Confederated Tribes of the Grand Ronde Community of Oregon

• Confederated Tribes of Siletz Indians

• Confederated Tribes of the Umatilla Indian Reservation

• Confederated Tribes of Warm Springs Reservation of Oregon

• Coquille Indian Tribe

• Cow Creek Band of Umpqua Tribe of Indians

• Klamath Tribes

Why We Do It - Relationships

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Types of Tribal Resources• Plant gathering areas• Fishing sites• Spiritual sites• Named places/landscapes features• Places known through oral history• Travel routes• Known or potential burial sites

Archaeological Site Types• Precontact (Prehistoric)

– ~15,000 BP - ~1700 AD• Post-contact (Historic)

– ~1700 AD - ~1969 AD• Other types

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Archaeological Sites are Confidential • Exempt from Federal and State FOIA • Site information is at Oregon SHPO• Only qualified archeologists

can access data• Correspondence containing

archaeological site information should be treated as confidential and not distributed

Archaeological Site Types - Precontact

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Precontact Site Types -Long Term Habitation Sites

• What it was…

• What remains today…19

Precontact Site Types -Short Term Habitation Sites

• Lithic scatters predominate

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Precontact Site Types -Rock Art

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Precontact Site Types -Shell Middens

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Post-Contact Site Types

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• Urban • Rural

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Post-Contact Site Types -Habitation

Post-Contact Site Types -Refuse Scatters

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Post-Contact Site Types -Industrial• Mining-related

– Adits– Camps

• Logging-related– Railroads– Camps

• Mill-related– Water diversion– Dams

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Other Site Types –Placed Rock Features

• Pre- or Post-contact

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Culturally Modified Trees

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Underwater Archaeology

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Traditional Cultural Properties• Wide range of types

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Linear Features• Wagon roads• Railroad grades• Indian trails• Canals

• Not in use for at least 50/ 75 years

• Can be archaeological and/or built environment

• Many have associated resources

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What Makes a Site Significant?• Evaluating the site’s importance based

condition (integrity), type of artifacts and features, research potential, or similarity to known sites

• A site determined not significant is not protected under state or federal law

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Isolates• Isolates can be pre- or post-contact in age• Less than 10 artifacts, no cultural features• Generally not significant

• Common types:– Single/small clusters

of flakes/refuse historic refuse

– Single stone tool

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Paleontological Remains• Not protected by state law unless associated

with archaeological remains– Central Oregon– Willamette Valley

Contracting

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ODOT Archaeologist In-House• Through Programmatic Agreement• Can be most efficient path

for simple projects• Most state-funded and

maintenance projects• If subsurface probing is

needed, then fieldwork is contracted out

“PA” - Programmatic Agreement (2011)• Streamlining Section 106 process for Federal-

Aid Highway Program in Oregon– FHWA, ODOT, SHPO & ACHP– FHWA delegated responsibilities to ODOT– SHPO reviews PA projects in annual report

ODOT Archaeologist Contracts Out• Universities

– IGAs with OSMA and SOULA– Quick, easy, high quality work

• Tribes– IGAs with CTGRCO, Cow Creek,

CTWSRO– Select projects in sensitive areas– Tribal monitoring

• No direct contracting with consultants

Archaeology Contract• Must use our standard SOW

– https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Cultural-resources.aspx

• Coordinate with ODOT archaeologist for appropriate tasks

Archaeology Contract• Archaeologists must meet

– Secretary of the Interior’s Professional Standards for Archaeology

– ODOT’s Cultural Resources Consultant Qualification Training

• http://www.oregon.gov/ODOT/GeoEnvironmental/Pages/ Cultural-resources.aspx

Limitations on Consultants• Tribal consultation only by ODOT archaeologist• SHPO permit needs ODOT archaeologist approval• Consultant provides ODOT archaeologist advance

fieldwork notice• Deliverables approved by ODOT archaeologist• Final clearances completed by ODOT archaeologist

Scoping for Part 3• Initial research

- SHPO database- Landform analysis- Historic maps- Summarize info for REC

• Identify key issues/red flags• Inform initial consultation

Part 3 30% plans 60% plans 90% plans PS&E

Part 3 30% plans 60% plans 90% plans PS&E

• Once we have an API- Confirm if known

resources are present - Submit formal

consultation letters- Determine if in-house

or consulted out- Contract fieldwork

Scoping at DAP

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Baseline Report (Task 1.0)

Part 3 30% plans 60% plans 90% plans PS&E

• Purpose: For us to help you - guidance and preparation

• Includes background research and field reconnaissance to provide recommendations and level of effort

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Phase I Archaeological Investigation (Task 3.0)• Purpose: determine

presence or absence of resources

– Literature review– Pedestrian survey– Subsurface probing

» State/Federal Permit

* APE to Final Report - 6-12 months

Part 3 30% plans 60% plans 90% plans PS&E

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Phase II Archaeological Investigation (Task 4.0)• Purpose: To establish NRHP

eligibility and vertical/ horizontal site boundaries

• If sites have been identified during Phase I study, Phase II investigation may be required

Part 3 30% plans 60% plans 90% plans PS&E

Site Management Options• Is site significant?

– No, project may proceed– Yes, more complicated

• Avoidance• Minimize impacts

– Placement of geotextile fabric/fill– Work when dry to prevent rutting– Re-use of existing roads– Leaving stumps in place/no dragging

• Mitigate impacts– Only limited by imagination– Interpretive signs, historic contexts,

videos 47

• Purpose: an agreement outlining mitigation for an adverse effect, parties responsible

• Typical signatories– ODOT– FHWA– SHPO

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Memorandum of Agreement

* Timeline? However long it takes to trap all the signatories. Part 3 30% plans 60% plans 90% plans PS&E

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Document Clearances• ODOT archaeologist

provides PA clearance and tribal consultation

• Joint Finding of Effect– Project-level– SHPO/Tribal review– 30-day review

Part 3 30% plans 60% plans 90% plans PS&E

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Archaeological Monitoring (Task 6.0)• Contract specifications/specials• Inadvertent discovery plan• Consultants may be at

pre-con meetings• Consultants may

delineate no work zones

• Monitoring report required

Timelines - Stumbling Blocks• Projects with lots of ground disturbing work• Projects in historic urban environments• Fieldwork, especially when requiring multiple

phases – contracting and permitting adds time• Traditional cultural properties• Known resources in APE• Scope creep =

starting over

Getting Ready for Construction• Standard Specifications

– 290.50 Protection of Cultural Resources• Contractors comply w/ cultural resources laws• Procedure for inadvertent discovery

• Special Provisions– 290.51 Protection of Sensitive

Cultural Sites• Archaeological/tribal monitors• No work zones• Inadvertent discovery plans

Monitors During Construction• Ensure protection of known sites• Identify/evaluate sites encountered during

construction (can keep work moving along)• Monitors work

directly with inspectors

No Work Zones• Help protect the

archaeological sites during construction

• Establish in the fieldwith orange mesh fencing and/or lath and flagging

• Contractor, REC, inspector and project archaeologist may meet on site to establish no work zones

Inadvertent Discovery• Stop work immediately• Protect the site• Contact Engineer, REC, project

archaeologist and PM• Move work to another

location• Human remains =

contact State Police, REC & PM, but there’s more!

Engagement and Outreach• We are here to serve you - the more

engaged your archaeologists are with project development, the better for all of us

• Invitations to initial project field scoping to help identify red flags

• Invitations to attend PDT meetings

Questions?

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