Neighborhood Government Ecological Preparing: Prehistoric studies April 2, 2009.

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Preparing: Archeology. April 2, 2009. Presentation Overview. Applicable ... Take Away Message-Subsurface antiquarianism take a shot at activities obliges state ...
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Neighborhood Government Environmental Training: Archeology April 2, 2009

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Presentation Overview Relevant Laws Tribal Consultation Stumbling Blocks: -Scoping -Budgeting -Document Submittal ODOT Procedures & Responsibilities

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Relevant Laws National Historic Preservation Act (NHPA), Section 106 Archeological Resources Protection Act (ARPA) Native American Graves Protection and Repatriation Act (NAGPRA) Oregon Revised Statutes Transportation Act, Section 4(f)

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Do you have a Federal Nexus? Elected Permits (404… and so on.) Federal Dollars (FHWA stores) Federal Land (BLM, USFS, BIA) *All Trigger Section 106 of NHPA

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Section 106 of NHPA of 1966 Federal Agencies might… check the impacts of endeavors on destinations, structures and so forth,… qualified for posting or on the National Register of Historic Places… .and give the Council a sensible chance to remark Procedural Law

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Section 106 Process Basics Identify the endeavor and counseling parties Identify noteworthy assets in the task Area of Potential Effect Evaluate assets Determine impacts and submit discoveries to State Historic Preservation Office (SHPO)/Tribal Historic Preservation Office (THPO) Mitigate for antagonistic impacts

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Oregon Revised Statutes ORS358.920 & 390.235 - Establishes archeological allowing process for open and private terrains (30-day audit period) ORS97.740 - Protects Native American graves and funerary things ORS182.162 - Requires state organizations to set up a Government-to-Government strategy

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Important Take Away Message-Subsurface archaic exploration take a shot at activities requires state licenses, which implies extra oversight & coordination with ODOT Archeologists.

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Presentation Overview Relevant Laws Tribal Consultation Stumbling Blocks: -Scoping -Budgeting -Document Submittal ODOT Procedures & Responsibilities

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Oregon\'s Federally Recognized Tribes Coquille Indian Tribe Cow Creek Band of Umpqua Indians Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Klamath Tribes Burns Paiute Confederated Tribes of Grand Ronde Confederated Tribes of Siletz Confederated Tribes of Umatilla Confederated Tribes of Warm Springs

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Approximate Tribal Territories Circa 1850 Source: Atlas of Oregon 2001

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Tribal Sovereignty is the selective right to practice preeminent political power over a geographic district, gathering of individuals or oneself Because of their extraordinary status, Indians are nationals of three sovereigns: their Tribe, the United States, and the State of Oregon Tribes are singular sovereign substances that hold the privilege to administer own property and undertakings Confederated Tribes of the Umatilla Reservation General Council

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Ceded, Reservation, Usual and Accustomed Lands Ceded grounds are those terrains "surrendered" or given to the US Government in return for something unmistakable Reservation terrains are those terrains where the Tribes have sovereign control Usual and Accustomed terrains are zones situated inside and outside of the surrendered lands where the tribes have customary fisheries or different exercises

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Consultation Remember that conference must happen as required under Section 106 of the NHPA & ORS 182.162 ODOT\'s Tribal Liaisons meet eye to eye every now and again with each of the nine governmentally perceived tribes; they talk about all ventures, including Local Agency Projects Consultation must happen early and regularly, and ought to traverse the span of the task. On the off chance that your activities have a government nexus, we may need to counsel without-of-state Federally Recognized Tribes also

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Presentation Overview Relevant Laws Tribal Consultation Stumbling Blocks: -Scoping -Budgeting -Document Submittal ODOT Procedures & Responsibilities

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Things to Remember Cultural assets laws require coordination with different gatherings, including Tribes Permitting process requires convenient arranging and oversight So, planning with ODOT is vital to making your venture push ahead without issues Scoping gets to be basic

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Stumbling Block #1 Local Agency gets Scope & Budget from a specialist and moves forward without ODOT audit What will happen? Your task risks accepting deficient archeological work, and the specialized report is rejected by ODOT & SHPO, or You may get excessively, superfluous assessment that you will pay for, or Your undertaking may not get tribal conference, a basic part of the procedure

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Scoping Archeological assets can be hard to distinguish forthright, we have no precious stone ball The venture Archeologist must meet the Secretary of Interior\'s Standards Scoping incorporates : survey of SHPO Archeological Database & Technical Reports, Historic Maps, Historical Literature & Tribal Consultation What does it get you? Strong suggestions on the level of exertion for every venture

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Scoping TCPs & Culturally Sensitive Sites Traditional Cultural Properties and sacrosanct spots must be distinguished by those counseling gatherings; it\'s vital to converse with the Tribes early ODOT Archeologists are likewise the Agency Tribal Liaisons and look after great, working associations with the Tribes Important Take Away Message : Upfront interview will help you dodge postpones later!!

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Scoping Important Take Away Message: Only somebody who has the correct archeological preparing & who knows the scene & history can help you maintain a strategic distance from issues. Meeting these prerequisites will help you hold the expense down and move things along rapidly.

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Budgeting All financial plans ought to be looked into by an ODOT Archeologist Why? Since we know when you\'re being cheated, undercharged and the fitting level of exertion for every venture

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Budget Estimates Phase 1: Survey & Subsurface Probing (PA Memos & Tech Reports)- $5000-$25,000 Phase 2: Subsurface Testing (Excavations & Analysis & Tech Report)- $25,000-$75,000 Phase 3: Data Recovery (Data Recovery Plan & Excavations, Analysis, Tech Report)- $80,000-+$1,000,000

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Stumbling Block #2 Local Agency sends SHPO specialized reports and FOEs directly to SHPO without ODOT Archeologist survey What will happen? SHPO won\'t sign your FOE You will lose time & miss your offer date

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Documentation Submittals Documentation must be submitted to the ODOT Geo-Environmental Section through the Region\'s Local Agency Liaison or other Region contact for transmittal to the proper organization SHPO requires a 30-day survey period (by statute) for FOEs Tribes have a 30-day audit period for PA Memos and FOEs

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Procedures ODOT Archeology Process

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Presentation Overview Relevant Laws Tribal Consultation Stumbling Blocks: -Scoping -Budgeting -Document Submittal ODOT Procedures & Responsibilities

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ODOT Archeology Assistance What we accomplish for you… Review all Scopes of Work & Budgets. This recoveries everybody bunches of time and cash Conduct all Tribal conference Review Archeology Permits (State & ARPA) Review Technical Reports, DOEs, PA Memos, and so on Draft & Submit all FOEs to SHPO/THPO

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If There\'s an Adverse Effect? ODOT Archeologist will: Coordinate discussion gatherings with FHWA, Local Agency, SHPO and Tribes Draft Memorandum of Agreement (MOA) sketching out moderation Review all Data Recovery Plans, Technical Reports, and observing conventions

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Key Take Away Points: Federal nexus triggers Section 106 audit: social assets assessment Tribal meeting is required on all tasks Scopes and spending plans must be inspected by ODOT Archeologists All tech reports and FOEs must experience ODOT Archeologist

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ODOT Archeology Staff Carolyn McAleer Archeology Program Manager Statewide 503.986.3309 Mary K. Turner Archeologist Local Agency and Maintenance Regions 1,2, & 4 503.986.6591 Donna Turnipseed Archeologist/Built Environment Region 5 541.963.1347 Donna.L.Turnipseed@odot.state . Kurt Roedel Archeologist Regions 1W & 2 503.986. 6571 Tobin C. Bottman Archeologist Regions 1E & 4 503.986.3783 Jessica Bochart Archeologist Region 3 503.864.8820

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