Historic Preservation and Cultural Resources Individual ... · Most often, we consult out Historic Baseline Report\൳ as an initial investigatory effort. Once we review the baseline,
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1 Hayli Reff, Architectural Historian – Region 2 Sarah Jalving, SHPO Liaison Historic Preservation and Cultural Resources
Hayli Reff, Architectural Historian – Region 2Sarah Jalving, SHPO Liaison
Historic Preservation and Cultural Resources
Presenter
Presentation Notes
Individual introductions.
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Who Are We?• Architectural Historians (Above-Ground)• Archaeologists (Below-Ground)• SHPO Liaison • (Meet or Exceed) Secretary of the Interior’s Professional
Qualifications Standards– Combination of experience & education
• Register of Professional Archaeologists (RPA)• Certified ODOT Cultural Resources Consultants
Presenter
Presentation Notes
Hayli 5 Historians – Chris Bell (Historic Resources Program Coordinator) , Bob Hadlow (Region 1 Senior Historian), Hayli Reff (Region 2 Historian), Larissa Rudnicki (Region 3,4,5 Historic Resources Specialist), Kenny Gunn (Region 3,4,5 Historian) - 6 Archaeologists – Carolyn Holthoff (Cultural Resources Program Coordinator), Tobin Bottman (Region 1,4,5), Kurt Roedel (Region 2), Roy Watters (Region 1,4,5), Jessica Bochart (Region 3), Alex New (Region 5) SHPO Liaison – only Built resources at this time, hopefully archaeology will join soon. The liaisons sit at SHPO but are employed by ODOT in order to assist with DOT work at the SHPO, a trend many other state’s DOT successfully employ! Qualified Cultural Resources Consultants have completed required training, within the past two years, certifying the consultant to provide cultural resource documentation for ODOT's Statewide Transportation Improvement Projects or other projects using federal funding. Team Benefit: Work together to produce the highest quality documentation and determinations to ensure efficiency and accuracy of reporting.
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What We Do“Our program seeks to strike a balance between a growing transportation
system and the protection of Oregon’s significant cultural resources”
• Manage Cultural Resources– Work with Region and District project personnel– Identify, research & evaluate resources that are or may be present within
project APE/API – Consult with Tribes, regulators and other agencies– Ensure compliance with applicable laws– Review/Prepare all Section 106 Documentation & Prepare Section 4(f)
Documentation– Engage with project teams to meet collective goals– Robust and collaborative QA/QC process
Presenter
Presentation Notes
Hayli Our job is to strike a balance between the interests of the agency, cultural resources, and the public. We are project direct employees, but we work on issues outside of straightforward project delivery, such as maintenance, mitigation and general guidance. We are experts at identifying cultural resources within the Area of Potential Effect (APE) or Impact (API). For the built team, we are all skilled investigators of physical resources, dedicated researchers, and talented writers. We study a history that most closely pertains to historic buildings, thus the tile of Architectural Historian, but we also have a deep understanding of the physical environment and can identify material types and provide material recommendations, when needed. We utilize our archaeologists who have traditionally handled all tribal liaison efforts to now share project information about the built environment with tribes as well. We recognize this is a more holistic approach to sharing information with our tribal partners. WE ENSURE COMPLIANCE. Remember, our work is affiliated with each of us directly, and as a result, we are all very dedicated to quality assurance to ensure the agency is steering clear of risk. As a group, we take compliance very seriously. We prepare and review consultant documents for Section 106 and Section 4(f). Most often, we consult out Historic Baseline Reports as an initial investigatory effort. Once we review the baseline, or sometimes create one ourselves, we will then work with the project team and our stakeholders to decide how best to move forward with the project. We engage with project teams to meet collective goals. This can often mean working with designers to modify minute details to meet both parties’ needs, discussing potential risks or issues within cultural resources and helping brainstorm potential options, and helping to inform the best path forward. As I mentioned, we are very serious about QA/QC. We will utilize other professionals in our discipline to evaluate our work and often work collaboratively with other specialists around the state to make decisions and complete deliverables. We are a very cohesive and collaborative team that upholds a high level of quality across the board.
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Federal• National Environmental Policy Act (NEPA)• National Historic Preservation Act (NHPA)
– Section 106• Native American Graves Protection and
Repatriation Act (NAGPRA)• Department of Transportation Act
Indian Graves and Protected Objects• ORS 358.905-961 –
Archaeological Sites and Objects• ORS 358.653 – Protection of Publicly
Owned Historic Properties
Why We Do It - Laws
Local
• Any applicable local statutes,codes and laws
The NHPA and NEPA are different federal laws, but both laws recommend coordination and integration between them to provide efficiencies, improve public understanding, and lead to more informed decisions!
Presenter
Presentation Notes
Hayli The NHPA is the primary cultural resources management driver in the country. It also requires tribal consultation. NAGPRA is in effect when Native American burials and/or associated grave goods are identified on federal lands. Section 4(f) applies only to transportation corridors – including bridges and culverts along the highway system. The Antiquities Act, the first of its kind, gives the President of the United States the authority to, by executive order, restrict the use of particular public land owned by the federal government. ARPA is the excavation permitting law on federal lands. ORS 358.653 requires state agencies to be good stewards for historic resources and take appropriate measures.
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Why We Do It - Relationships• Tribes
– Burns Paiute Tribe (Burns)
– Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians (Coos Bay)
– Confederated Tribes of the Grand Ronde Community of Oregon (Grand Ronde)
– Confederated Tribes of Siletz Indians (Siletz)
– Confederated Tribes of the Umatilla Indian Reservation (Pendleton)
– Confederated Tribes of Warm Springs (Warm Springs)
– Coquille Indian Tribe (North Bend)
– Cow Creek Band of Umpqua Tribe of Indians (Roseburg)
Hayli These are the 9 Federally Recognized Tribes in Oregon, we also consult with Tribes in neighboring states when necessary. (Region 5 Example: primarily the Nez Perce tribe).
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Why We Do It - Relationships• Regulators
– State Historic Preservation Office (SHPO)• Two liaisons, one for built and one for archaeology (future)• Helps expedite review time lines from 30 days to 21 days maximum
• Other agencies
Presenter
Presentation Notes
Hayli Especially when projects are on or near land owned by a different agency. Programmatic Agreements and ensuring that we are self-regulating in the manner that we committed to in agreements. We go to great lengths to build good working relationships with our agencies, especially SHPO, and we will advise if an action may serve to harm that relationship so that it can be avoided. Upholding a good relationship is extremely beneficial for project delivery.
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Why We Do It - Relationships• Other agencies:
– Federal Landowners like the BLM and USFS– Our parents: FHWA– Other permitting agencies such as US Army Corps of Engineers
Presenter
Presentation Notes
Hayli
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Why We Do It - Stewardship• We are protecting Oregon’s history• Cultural resources are non-renewable…
Once they are gone, they are gone!
Presenter
Presentation Notes
Hayli Our GOAL = Balance protection of cultural resources with the needs of the agency. We can’t get back what is lost, and before the resource is destroyed by the agency, we want to be certain we have done everything required.
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Why Are We Here?
Goals
• Manage non-renewable resources without delaying project delivery• Save ODOT money by avoiding potential resource damage • Streamline documentation and preservation of resources for public appreciation and
history• Assist project teams in delivering projects on time and in compliance• Assist the agency with navigating cultural resources legal framework• Support public outreach efforts within the Section 106 framework• Avoid, minimize, compensatory mitigation
Presenter
Presentation Notes
Hayli While we discussed what we do, there is a major benefit to why we are here. There are no other agencies in the state with a cultural resources team this robust and it serves the agency greatly to have this many subject matter experts on staff. We are here to help in every way we can!
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Why Are We Here?
Challenges
• Not always visible
• Different values for different people
• Condition ≠ Integrity
• Historical ≠ Significance
Presenter
Presentation Notes
Hayli Not always visible – some resources can’t necessarily be seen – such as railroads that are no longer there, but the corridor is, or a space where an important even took place but does not necessarily provide indications of the past events. “Different values for different people” – Just because a resource does or does not seem significant to one individual or group doesn’t always mean its not significant to someone else for a more event related aspect of history rather than pure physical appearance. Condition does not equal integrity. There are several aspects of historic preservation ethos that are seemingly odd, but for our practice, condition and integrity are two different things. Condition, as I’m sure you can guess, refers to the actual physical condition of a resource. As we see here, the physicality of this resource is certainly deteriorated. However, it still very clearly expresses its historicity through integrity, which is defined as the authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during the property’s prehistoric, or historic period. Historic integrity is the composite of seven qualities: location, design, setting, materials, workmanship, feeling and association. Historical does not equal significant! Just because a resource is older than 45 years does not mean that it represents something significant. HOWEVER, significance can relate to far more than its physical appearance, and therefore, should always be determined by a qualified professional so that resources are not overlooked. Remember, it isn’t merely high style that tells a story and we are here to represent all stories equally to the best of our abilities.
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Resources ODOT Projects Encounter• Bridges & Culverts• 19th & 20th Century Archaeological Sites• Prehistoric Archaeological Sites• 19th & 20th Century Built Resources• Historic Districts (Built & Archaeological)• Everything in between (like linear resources, TCPs,
etc.)
Presenter
Presentation Notes
Sarah Bridges – field guide, future PA Culverts – recent inventory GIS databases TCPs – first in Oregon is currently going through the process of potential NHPA listing
Sarah Built Resources encompass more than “buildings.” While probably the most prominent, there are a multitude of other resources that fall under the built eye. Including but not limited to those here… Oregon SHPO manages and maintains a Historic Sites Database where data and information is housed. The database is not the end-all, be-all. We do public outreach on large, impactful projects to discover any local resources that may not be evaluated in the database. Additionally, although ODOT has many eligibility determinations in the database, ODOT is required to re-evaluate any resource that has a determination of over 5-years of age.
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Other Resource Types• Linear features like
– Railroad Lines– Historic Roads– Canals and ditches– Telegraph and Telephone Lines
National Historic Preservation Act of 1966 (NHPA)• Legislation intended to preserve historical and archeological sites in the
U.S. – Policy Signed: October 15, 1966– Created National Register and other preservation framework– Section 106 of NHPA
• Required system of “procedural” steps that encourage protection of certain cultural resources• Three basic concepts:
– Consultation– Identification– Effects
• Historic = 50+ years old (Historic ≠ Eligible)
• NEPA – signed into law January 1, 1970
Presenter
Presentation Notes
Sarah NHPA also created National Register of Historic Places. “The United States federal government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation.” Explain 45 year justification for Construction Window, If it is “historic” then it must be evaluated and determined to be eligible or not (requires SHPO approval)
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Section 106To successfully complete Section 106 review, agencies must do the following:
• Confirm area of potential effect (historic resource APE, not project API)• Gather information to decide which properties in the area that may be affected by the
project are listed, or are eligible for listing, in the National Register of Historic Places (referred to as “historic properties”);
• Determine how those historic properties might be affected;• Explore measures to avoid or reduce harm (“adverse effect”) to historic properties; and• Reach agreement with the SHPO/THPO (and the ACHP in some cases) on such measures
to resolve any adverse effects or, failing that, obtain advisory comments from the ACHP, which are sent to the head of the agency.
Presenter
Presentation Notes
Sarah
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• No Effect– No resources,
Spreadsheet clearance, PA Memo
• No Adverse Effect– Eligible resource
but project will not diminish character-defining features that make the resource eligible for NRHP
– Documents include DOE, FOE and Joint FOE
• Adverse Effect– Eligible resource
and the project WILL diminish character-defining features
– Documents include DOE, FOE, Joint FOE, MOA, and on larger projects, a PA
Presenter
Presentation Notes
Sarah
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Timelines – Stumbling Blocks• Issues that may add to time needed for cultural resources
compliance: – Projects with lots of right of way (temporary or permanent)
• Undefined r/w impacts can dramatically alter a timeline!
– Lack of opportunity to review SOW– Heavily political/significant public outreach– Known resources in API– Projects in historic urban environments– Historic bridges and buildings– Pens down! Scope creep = starting over
Presenter
Presentation Notes
Sarah
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ODOT Outreach• We are here to serve you – the more engaged we are with
project development, the better• Please include us in initial project field scoping especially when
critical issues may be present• We are always happy to attend project team meetings• Happy to meet one-on-one to answer any questions and help
anyone navigate any component of cultural resources laws, processes, and procedures
• CALL OR EMAIL US ANYTIME!
Presenter
Presentation Notes
Hayli
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Public Outreach• Required for Section 106 and NEPA (EAs and EISs)• Process and level of effort dependent on project actions• We will support any and all disciplines in planning and
implementation of public outreach
Presenter
Presentation Notes
Hayli and Sarah
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Contact us! We’re here to help!• Hayli Reff, Region 2 Architectural Historian
