ODOT Archaeology Environmental Services Section www odot state

ODOT Archaeology Environmental Services Section www. odot. state. or. us/eshtm/arch. htm

Overview • ODOT Archaeology • Laws & Regulations • Internal Processes • Coordination • Examples

Archaeology at ODOT • Currently only 6% of the state has been systematically surveyed, and yet over 45, 000 prehistoric and historic sites have been identified • ODOT currently has two archaeologists who cover the entire state Soil profile from Newberry Crater, near US 97. The light layer is 7, 700 year old Mazama tephra. • Surveys, technical reports, clearances and reviews are conducted by ODOT staff; excavation work is conducted by the Oregon State Museum of Anthropology (Uof. O) through an Intergovernmental Agreement

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 Living floor from Newberry Crater, ca. 9500 BCE

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. 9000 BCE

State Archaeological Laws: • ORS 358. 905: Removal of archaeological material must be authorized by a permit issued through SHPO • ORS 390. 235: Specifies that no permit will be issued without approval of state agency managing public land, and appropriate Indian Tribe(s) • ORS 97. 740: Specifies penalties for disturbance of Indian graves and sacred objects; disturbance of graves including through inadvertence, must reinter at own expense

Tribal relationships: Senate Bill 770 • Codifies executive order 96 -30 • Formally acknowledges the sovereignty of Oregon’s Tribes • Specifies a government- to-government relationship with Celilo Falls, ca. 1900. Benjamin Gifford Oregon’s Tribes and agencies of the State of Oregon • Requires communication and education between state agencies and tribes

SB 770: ODOT Processes • Quarterly update meetings are held with five of Oregon’s Tribes, and close coordination occurs with remaining Tribes on an asneeded basis • ODOT staff and management are members of executive order 96 -30 cultural resource and economic development cluster committees Camas oven at the Mill Creek site, I-5 interchange, Salem • Environmental Services is partnering with the Grand Ronde Tribes’ cultural resources staff on developing a state-wide agency training program

Stewardship and Government-to. Government Relationships • Coordination and positive relationships with Oregon’s Tribes are critical for success of projects involving archaeological resources • Regulations consider a resource’s information potential; prehistoric sites possess a cultural significance for the Tribes that transcends information value • Tribes view natural resources as cultural resources. Coordination on environmental work ensures positive working relationships

Internal Processes • ODOT archaeology staff are involved early in project development, and continue outreach and coordination with maintenance staff • Protective measures help avoid resource conflicts and minimize project costs Petroglyph-Pictograph, Cascadia Cave, OR 20 • New specifications for the protection of cultural sites facilitate regulatory and Tribal concurrence

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

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

Protective Measures: Specifications 00170. 51: 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

Inter-agency coordination • Memorandum of Understanding under development with the Forest Service • Programmatic Agreement with State Historic Preservation Office (SHPO) • Intergovernmental Agreement with the University of Oregon Dr. Dennis Jenkins (Uof. O) exposing stone tools in pre-Mazama sediments at Paulina Lake Site.

Example: Hood River - Mosier, Historic Columbia River Highway Rehabilitation of HCRH near Mosier Twin Tunnels • • Close collaboration with Confederated Tribes of Warm Springs, State Parks, and the State Historic Preservation Office West Portal, Mosier twin tunnels ca. 1935

Example: Hood River - Mosier, Historic Columbia River Highway • Project avoided resource through collaboration and willingness to explore design options • ODOT, Warm Springs and State Parks have been recognized both state-wide and nationally for their collaborative efforts in protecting the Mosier Mounds Site, Wasco County resource • Currently developing nomination to the National Register of Historic Places, with support from the Warm Springs and Yakama Tribes.

Contacts: Hal Gard, RPA Environmental Services Office: (503) 986 -3508 Cell: (503) 551 -1611 Kirsten Anderson, RPA Environmental Services Office: (503) 986 -3512 Cell: (503) 508 -6707 www. odot. state. or. us/eshtm/arch. htm