Or. Admin. Code § 350-082-0630 - Special Management Area Cultural Resources Review Criteria
(1) General
Guidelines for Implementing the Cultural Resources Protection Process
(a) All cultural resource information shall
remain confidential, according to Section 6(a)(1)(A) of the National Scenic
Area Act. Federal agency cultural resource information is also exempt by
statute from the Freedom of Information Act under
16 USC §
470aa and
36
CFR 296.18.
(b) All cultural
resource surveys, evaluations, assessments, and mitigation plans shall be
performed by professionals whose expertise reflects the type of cultural
resources that are involved. Principal investigators shall meet the
professional standards published in 36 CFR 61.
(c) The Forest Service will be responsible
for performing the literature review and consultation, inventory, evaluations
of significance, assessments of effect, and mitigation requirements in
350-082-0630(4)
for federal forest practices and National Forest System lands.
(d) New developments or land uses shall not
adversely affect significant cultural resources.
(e) Determination of potential effects to
significant cultural resources shall include consideration of cumulative
effects of proposed developments that are subject to a reconnaissance or
historic survey, a determination of significance, an assessment of effect, or a
mitigation plan.
(2) The
procedures and guidelines in
350-082-0630 shall be used to
review all proposed developments and land uses other than those on all federal
lands, federally assisted projects and federal forest practices.
(3) The procedures and guidelines in 36 CFR
800 and 350-082-0630(4)
shall be used by the Executive Director and federal agencies to evaluate new
developments or land uses on federal lands, federally assisted projects, and
forest practices.
(4) The following
procedures as well as the provisions in
36 CFR
800.4 for assessing potential effects to
cultural resources and
36 CFR
800.5 for assessing adverse effects to
cultural resources shall be used to assess potential effects to cultural
resources.
(a) Literature Review and
Consultation
(A) An assessment shall be made
to determine if any cultural resources listed on the National Register of
Historic Places at the national, state or county level exist on or within the
area of potential direct and indirect impacts.
(B) A search shall be made of state and
county government, National Scenic Area Forest Service and any other pertinent
inventories, such as archives and photographs, to identify cultural resources,
including consultation with the State Historic Preservation Office and tribal
governments. State and tribal government response to the consultation request
shall be allowed for 30 days.
(C)
Consultation with cultural resource professionals knowledgeable about the
area.
(D) A field inventory by a
cultural resource professional shall be required if the Forest Service
determines that a recorded or known cultural resource exists on or within the
immediate vicinity of a new development or land use, including those reported
in consultation with the Tribal governments.
(b) Field Inventory
(A) Tribal representatives shall be invited
to participate in the field inventory.
(B) The field inventory shall consist of one
or the other of the following guidelines, as determined by the cultural
resource professional:
(i) Complete survey:
the systematic examination of the ground surface through a controlled
procedure, such as walking an area in evenly spaced transects. A complete
survey may also require techniques such as clearing of vegetation, augering or
shovel probing of subsurface soils for the presence of buried cultural
resources.
(ii) Sample survey: the
sampling of an area to assess the potential of cultural resources within the
area of proposed development or use. This technique is generally used for large
or difficult to survey parcels, and is generally accomplished by a stratified
random or non-stratified random sampling strategy. A parcel is either
stratified by variables such as vegetation, topography or elevation, or by
non-environmental factors such as a survey grid. Under this method,
statistically valid samples are selected and surveyed to indicate the
probability of presence, numbers and types of cultural resources throughout the
sampling strata. Depending on the results of the sample, a complete survey may
or may not subsequently be recommended.
(C) A field inventory report shall be
prepared, and shall include the following:
(i)
A narrative integrating the literature review of subsection (4)(a) above with
the field inventory of subsection (4)(b) above.
(ii) A description of the field inventory
methodology used, including the type and extent of field inventory,
supplemented by maps which graphically illustrate the areas surveyed, not
surveyed, and the rationale for each.
(iii) A statement of the presence or absence
of cultural resources within the area of the new development or land
use.
(iv) When cultural resources
are not located, a statement of the likelihood of buried or otherwise concealed
cultural resources shall be included. Recommendations and standards for
monitoring, if appropriate, shall be included.
(D) The report shall follow the format
specified by the Washington Department of Archaeology and Historic Preservation
for inventories conducted in the State of Washington. Reports for inventories
conducted in the State of Oregon shall follow the format specified by the
Oregon State Historic Preservation Office.
(E) The field inventory report shall be
presented to the Forest Service.
(c) Evaluations of Significance
(A) When cultural resources are found within
the area of the new development or land use, an evaluation of significance
shall be completed for each cultural resource in accordance with to the
criteria of the National Register of Historic Places (36 CFR
60.4).
(B) Evaluations of cultural resource
significance shall be guided by previous and current research designs relevant
to specific research questions for the area.
(C) Evaluations of the significance of
traditional cultural properties shall follow National Register Bulletin 38,
Guidelines for the Evaluation and Documentation of Traditional Cultural
Properties, within local and regional contexts.
(D) Recommendations for eligibility to the
National Register shall be completed for each identified resource, in
accordance with National Register criteria A through D (36 CFR
60.4). The Forest Service shall review
evaluations for adequacy.
(E)
Evidence of consultation with tribal governments and individuals with knowledge
of the cultural resources in the project area, and documentation of their
concerns, shall be included as part of the evaluation of
significance.
(F) An assessment of
effect shall be required if the Forest Service determines that the inventoried
cultural resources are significant.
(d) Assessment of Effect
(A) For each significant (i.e., National
Register eligible) cultural resource inventoried within the area of the
proposed development or change in use, assessments of effect shall be
completed, using the criteria outlined in
36 CFR
800.5 ("Assessing Effects"). Evidence of
consultation with tribal governments and individuals with knowledge of the
cultural resources of the project area shall be included for subsections
(4)(d)(B) through (4)(d)(D) below. The Forest Service shall review each
determination for adequacy.
(B) If
the proposed development or change in use will have "No Adverse Effect," as
defined by
36 CFR
800.4, to a significant cultural resource,
documentation for that finding shall be completed, following the "Documentation
Standards" of
36 CFR
800.11. If the proposed development or change
in use will have an effect then the criteria of adverse effect must be applied
(36 CFR
800.5).
(C) If the proposed development or change in
use will have an "Adverse Effect" as defined by
36 CFR
800.5 to a significant cultural resource, the
type and extent of "adverse effect" upon the qualities of the property that
make it eligible for the National Register shall be documented (36 CFR
800.6"Resolution of Adverse Effects"). This
documentation shall follow the process outlined under
36 CFR
800.11 ("Failure to Resolve Adverse
Effects).
(D) If the "effect"
appears to be beneficial (i.e., an enhancement to cultural resources),
documentation shall be completed for the recommendation of that effect upon the
qualities of the cultural resource that make it eligible to the National
Register. This documentation shall follow the process outlined under
36 CFR
800.11 ("Documentation Standards").
(e) Mitigation
(A) If there will be an effect on cultural
resources, measures shall be provided for mitigation of effects (36 CFR
800.6"Resolution of Adverse Effects"). These
measures shall address factors such as avoidance of the property through
project design or modification and subsequent protection, burial under fill,
data recovery excavations, or other measures which are proposed to mitigate
effects.
(B) Evidence of
consultation with tribal governments and individuals with knowledge of the
resources to be affected, and documentation of their concerns, shall be
included for all mitigation proposals.
(C) The Forest Service shall review all
mitigation proposals for adequacy.
(5) Discovery During Construction. All
authorizations for new developments or land uses shall be conditioned to
require the immediate notification of the Forest Service or the Executive
Director if cultural resources are discovered during construction or
development.
(a) If cultural resources are
discovered, particularly human bone or burials, work in the immediate area of
discovery shall be suspended until a cultural resource professional can
evaluate the potential significance of the discovery and recommend measures to
protect and if possible recover the resource.
(b) If the discovered material is suspected
to be human bone or a burial, the following procedure shall be used:
(A) The applicant shall stop all work in the
vicinity of the discovery.
(B) The
applicant shall immediately notify the Executive Director, the Forest Service,
the applicant's cultural resource professional, the State Medical Examiner, and
appropriate law enforcement agencies.
(C) The Forest Service or the Executive
Director shall notify the tribal governments if the discovery is determined to
be an Indian burial or a cultural resource.
(D) A cultural resource professional shall
evaluate the potential significance of the resource pursuant to
350-082-0630(4)(c)
and report the results to the Forest Service or the Executive
Director.
(c) The
cultural resource review process shall be complete and work may continue if the
Forest Service or the Executive Director determines that the cultural resource
is not significant.
(d) The
cultural resource professional shall recommend measures to protect and if
possible recover the resource pursuant to
350-082-0630(4)(e)
if the Forest Service or the Executive Director determines that the cultural
resource is significant.
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