RAPID/Roadmap/11-OR-a
Oregon State Cultural Considerations (11-OR-a)
NHPA Section 106 - Resource Survey:
11-FD-a
The SHPO processes the cultural preservation considerations for both state and federal projects. For exclusively state projects, ORS 358.653 controls cultural considerations. SHPO provides a helpful ORS 358.653 Factsheet containing an explanation of how to apply ORS 358.653 to the state project.
SHPO provides a link to controlling federal and state law on its Project Review Resources Webpage.
Paleontological resources are included in Oregon's historical-archaeological permitting framework. In the Oregon Revised Statutes, paleontological resources are included in the term "prehistoric." ORS 390.235.
See SHPO webpage on federal and state compliance for Historic and Archaeological resources.
State Cultural Considerations Process
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11-OR-a.1 - Tribal Consultation Meeting
SHPO recommends starting the cultural considerations process by consulting with potentially interested tribes. The tribes may be able to offer insight on preferred practices in order to avoid potential civil and criminal liability. OAR 736-051-0090.
In Oregon, an Indian tribe or any enrolled member have a civil action against any person who willfully removes, mutilates, defaces, injures, or destroys any cairn, burial, human remains, funerary object, sacred object or object of cultural patrimony of any native Indian. Tribes and their members also have a civil action against people who inadvertently disturb a cairn or burial site. Projects are required to reenter the human remains or funerary objects under the supervision of the appropriate tribe. See ORS 97.745 - 97.760 Indian Graves & Protected Objects.
11-OR-a.2 - Project Plan
The developer must submit a project plan to SHPO. This is the initial step in satisfying the cultural component of environmental compliance in Oregon. The OR SHPO Submittal Form may be used to initiate review.
11-OR-a.3 - Review plan
SHPO will review the project plan in order to assess the level of complexity and risk to historical and archaeological resources. This initial review will likely take approximately 30 days. Oregon Begin Archaeological Project Review Process Webpage.
11-OR-a.4 - Is it likely the project will unearth a cultural resource?
If the project is unlikely to unearth a cultural resource, there is no need to apply for an archaeological permit. SHPO will notify the developer if no archaeological permit is required. Oregon Begin Archaeological Project Review Process Webpage.
11-OR-a.5 - Discovery Plan
A developer must develop a Discovery Plan, even if the developer does not expect to make a discovery, in the event that the developer makes an inadvertent discovery. This step ensures the project is on notice and has protocol for handling cultural resources unearthed during project development. Oregon Inadvertent Discovery Plan.
11-OR-a.6 to 11-OR-a.7 - Is there an inadvertent discovery?
If no cultural resources are ever unearthed, there is no need to obtain an archaeological permit. Oregon Archaeological Investigations Webpage.
11-OR-a.8 - Is the project on public or private lands?
If the project is likely to unearth a cultural resource, the appropriate track depends on the type of land. On private lands, an archaeologist must conduct a cultural resource survey and probing. Usually, the archaeologist is hired by the developer as a private contractor. Oregon requires that the archaeologist have the proper qualifications before the archaeologist is permitted to access the cultural resource databases. Oregon Archaeological Investigations Webpage.
11-OR-a.9 - Conduct cultural resource survey & probing
SHPO has a somewhat standardized form for cultural resources. The archaeologist will complete the cultural resource survey for SHPO's review. Guidelines for Historic Resource Surveys in Oregon.
11-OR-a.10 to 11-OR-a.11 - Were sites found and are the sites avoidable?
The cultural resource survey should reveal whether or not a cultural resource will be impacted by the project. The developer must determine whether or not to assert a "no effect" finding. If the developer believes the project will have "no effect" on the cultural resource, then the developer must submit additional documents to SHPO in order to solicit SHPO's concurrence with the developer's "no effect" finding. The cultural survey report and request for concurrence on a finding of "no effect" must be submitted to SHPO. The request may be in letter form. There is not a formal format for such requests. Archaeological Reporting Guidelines.
11-OR-a.12 - Review & concurrence
SHPO reviews the cultural survey report and request for concurrence. If SHPO believes the evidence supports that all sites are avoidable during development, then SHPO will concur with the "no effect" finding. Obviously, the developer must seek additional guidance if there is an inadvertent discovery of a cultural resource. If a cultural resource is unearthed, immediate steps to avoid further damage must be taken. At that point, the developer should seek an archaeological permit in order to mitigate damage to the resource. Archaeological Reporting Guidelines.
11-OR-a.13 - Archaeological Permit Application
The developer is responsible for submitting the permit application to SHPO. Oftentimes the permit application is prepared by the archaeologist. The permit must be signed by a qualified archaeologist. Archaeological Permit Application.
11-OR-a.14 - Review application & consult with tribes
SHPO will review the application. SHPO will consider the appropriateness of excavating the resource and whether the excavation plan is adequate to protect the cultural resource. Before SHPO approves the application, it will consult with affected tribes. SHPO or the tribes may suggests amendments to the excavation plan in order to protect the resource. The permit will be approved unless there is an objection. OAR 736-051-0080. OAR 736-051-0090(3)(b).
11-OR-a.15 - Archaeological Permit
SHPO drafts the permit and issues the permit to the developer. OAR 736-051-0080(10).
11-OR-a.16 - Conduct cultural resource survey & probing
SHPO has a somewhat standardized form for cultural resources. The archaeologist will complete the cultural resource survey for SHPO's review. Guidelines for Historic Resource Surveys in Oregon.
Under OAR 736-051-0060(2), "it is the policy of the Oregon Parks and Recreation Department and the Oregon State Historic Preservation Office that information pertaining to the location of archaeological sites, cairns, burials, human remains, funerary objects, sacred objects or objects of cultural patrimony is confidential information that will be disclosed only as required by law."
11-OR-a.17 - Cultural Survey Report, Eligibility Determination, & Mitigation Plan (if applicable)
The developer must submit the cultural survey report, eligibility determination, and mitigation plan to SHPO. The eligibility determination refers to whether the resource is eligible to be included in the National Register. The mitigation plan must address the detailed plan on how the developer intends to protect the resource during excavation. The plan should also address post-excavation plans. Archaeological Reporting Guidelines. Oregon Begin Project Review Process Webpage;
11-OR-a.18 - Review survey result & accompanying documents
SHPO will review the cultural survey, eligibility determination, and mitigation plan to determine whether the project is planning to take adequate measures to protect the cultural resources. SHPO will determine whether any of the sites or cultural resources are eligible to be considered in the state or federal register. Archaeological Reporting Guidelines. Oregon Begin Project Review Process Webpage;
11-OR-a.19 - Are identified sites eligible?
If any of the sites or cultural resources are eligible, then another archaeological permit must be obtained. Oregon Archaeological Investigations Webpage.
11-OR-a.20 - Discovery Plan
The discovery plan is necessary in order to protect resources in the event there is an inadvertent discovery. Inadvertent Discovery Plan.
11-OR-a.21 to 11-OR-a.26 - Archaeological Permit Application & Mitigation Plan
The archaeological permit review process is essentially abbreviated because there is no need to conduct another cultural survey. The mitigation plan becomes more of the focus. Following mitigation, the developer must submit the results of the mitigation to SHPO.
Curation is a key component of mitigation. If the resource is unearthed on public lands, the resource becomes the property of the state. Archaeology Bulletin 1 - Archaeological Sites on Private Lands. If the resource is unearthed on private lands, the resource belongs to the landowner.
Contact Information
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Regulations
References
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Oregon State Historic Preservation Office
Oregon Heritage and Cultural Considerations Contact
503.986.0674
DennisabbazabbaGriffin@stateabbazabbaorabbazabbaus
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Oregon State Historic Preservation Office
State Cultural Considerations Contact #2
503.986.0675
JohnabbazabbaPouley@stateabbazabbaorabbazabbaus