Oregon Administrative Rules
Chapter 350 - COLUMBIA RIVER GORGE COMMISSION
Division 82 - LAND USE ORDINANCE
Section 350-082-0620 - General Management Area Cultural Resources Review Criteria
Universal Citation: OR Admin Rules 350-082-0620
Current through Register Vol. 63, No. 3, March 1, 2024
(1) General Provisions for Implementing the Cultural Resources Protection Process.
(a) 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 Part 61 and Guidelines for
Evaluating and Documenting Traditional Cultural Properties (Parker and King, no
date).
(b) Cultural resource
surveys, evaluations, assessments, and mitigation plans shall generally be
conducted in consultation with tribal governments and any person who submits
written comments on a proposed use (interested person). Tribal governments
shall be consulted if the affected cultural resources are precontact or
otherwise associated with Native Americans. If the cultural resources are
associated with non-Native Americans, such as an historic house or pioneer
campsite, the tribal governments do not have to be consulted.
(c) Comments received from a tribal
government at any time during the Executive Director's review of a proposed
development or use shall be considered to ensure that the proposed development
or use does not affect or modify the treaty or other rights of that
tribe.
(d) As used in 350-082-0620,
"large-scale uses" are: residential development involving two or more new
dwellings; all recreation facilities; commercial development; public
transportation facilities; electric facilities, lines, equipment, and
appurtenances that are 33 kilovolts or greater; and communications, water and
sewer, and natural gas transmission (as opposed to distribution) lines, pipes,
equipment, and appurtenances. As used in this Chapter, small-scale uses are all
uses and developments that are not large-scale uses.
(e) Determination of potential effects to
significant cultural resources shall include consideration of cumulative
effects of proposed development that is subject to a reconnaissance or historic
survey, a determination of significance, an assessment of effect, or a
mitigation plan.
(f) The Gorge
Commission shall conduct and pay for all reconnaissance and historic surveys
for small-scale uses in the GMA. When archaeological resources or traditional
cultural properties are discovered, the Gorge Commission also shall identify
the approximate boundaries of the resource or property and delineate a
reasonable buffer zone. Reconnaissance surveys and buffer zone delineations for
large-scale uses shall be the responsibility of the project applicant.
(g) Project applicants are
responsible for paying for evaluations of significance, assessments of effect,
and mitigation plans for cultural resources that are discovered in a
reconnaissance or historic survey or during construction of smallscale and
large-scale uses in the GMA.
(2) Cultural Survey Requirements.
(a) When a reconnaissance or historic survey
is required.
(A) Each proposed use or element
of a proposed use within an application shall be evaluated independently to
determine whether a reconnaissance or historic survey is required; for example,
an application that proposes a land division a new dwelling, and modification
of an existing structure would require a reconnaissance survey if a survey
would be required for the dwelling and a historic survey is necessary for the
modification of the existing structure.
(B) A reconnaissance survey shall be required
for all proposed uses within 500 feet of a known cultural resource and all
proposed uses within 100 feet of a high probability area, including those uses
listed as exceptions in subsection (C) below. The Forest Service maintains a
map of known cultural resources and a probability map. Both maps are
confidential as required by the National Scenic Area Act, other federal law,
and Oregon and Washington law.
(C)
A reconnaissance survey shall be required for all proposed uses, except:
(i) The modification, expansion, replacement,
or reconstruction of existing buildings and structures.
(ii) Proposed uses that would not disturb the
ground, including land divisions and lot-line adjustments; storage sheds that
do not require a foundation; installation of surface chemical toilets; hand
treatment of brush within established rights-of-way; and new uses of existing
structures.
(iii) Proposed uses
that involve minor ground disturbance, as defined by depth and extent,
including repair and maintenance of lawfully constructed and serviceable
structures; home gardens; livestock grazing; cultivation that employs minimum
tillage techniques, such as replanting pastures using a grassland drill;
construction of fences; new utility poles that are installed using an auger,
post-hole digger, or similar implement; and placement of manufactured homes
where septic systems and underground utilities are not involved. The Gorge
Commission shall review all land use applications and determine if proposed
uses would have a minor ground disturbance.
(iv) Proposed uses that occur on sites that
have been disturbed by human activities, provided the proposed uses do not
exceed the depth and extent of existing ground disturbance. To qualify for this
exception, a project applicant must demonstrate that land-disturbing activities
occurred in the project area. Land-disturbing activities include grading and
cultivation.
(v) Proposed uses that
would occur on sites that have been adequately surveyed in the past. Past
surveys must have been conducted by a qualified professional and must include a
surface survey and subsurface testing. The nature and extent of any cultural
resources in the project area must be adequately documented.
(vi) Proposed uses occurring in areas that
have a low probability of containing cultural resources, except large-scale
uses.
(vii) The Gorge Commission
may choose to conduct a reconnaissance survey for proposed uses listed in the
exceptions listed in subsections (i) through (vi) above if, in its professional
judgment, a reconnaissance survey may be necessary to ensure protection of
cultural resources.
(D)
A historic survey shall be required for all proposed uses that would alter the
exterior architectural appearance of buildings and structures that are 50 years
old or older, or would compromise features of the surrounding area that are
important in defining the historic or architectural character of buildings or
structures that are 50 years old or older.
(b) Requirements for Reconnaissance Surveys
and Reports for Small-Scale Uses.
(A)
Reconnaissance surveys for small-scale uses shall be designed by a qualified
professional.
(B) Reconnaissance
surveys for small-scale uses shall generally include a surface survey and
subsurface testing. They shall meet the following guidelines:
(i) A surface survey of the project area
shall be conducted, except for inundated areas and impenetrable
thickets.
(ii) Subsurface testing
shall be conducted if the surface survey reveals that cultural resources may be
present. Subsurface probes shall be placed at intervals sufficient to determine
the absence or presence of cultural resources.
(C) The results of a reconnaissance survey
for small-scale uses shall be documented in a confidential report that
includes:
(i) A description of the fieldwork
methodology used to identity cultural resources, including a description of the
type and extent of the reconnaissance survey.
(ii) A description of any cultural resources
that were discovered in the project area, including a written description and
photographs.
(iii) A map that shows
the project area, the areas surveyed, the location of subsurface probes, and,
if applicable, the approximate boundaries of the affected cultural resources
and a reasonable buffer zone.
(c) Requirements for Reconnaissance Surveys
and Reports for Large-Scale Uses
(A)
Reconnaissance surveys for large-scale uses shall be designed by a qualified
professional. A written description of the survey shall be submitted to and
approved by the Gorge Commission's designated archaeologist.
(B) Reconnaissance surveys shall reflect the
physical characteristics of the project area and the design and potential
effects of the proposed use. They shall meet the following guidelines:
(i) Archival research shall be performed
before any field work. It should entail a thorough examination of tax records;
historic maps, photographs, and drawings; previous archaeological, historic,
and ethnographic research; cultural resource inventories and records maintained
by federal, state, and local agencies; and primary historic accounts, such as
diaries, journals, letters, and newspapers.
(ii) Surface surveys shall include the entire
project area, except for inundated areas and impenetrable thickets.
(iii) Subsurface probes shall be placed at
intervals sufficient to document the presence or absence of cultural resources.
(iv) Archaeological site inventory forms shall be submitted to the State
Historic Preservation Officer whenever cultural resources are
discovered.
(C) The
results of a reconnaissance survey for large-scale uses shall be documented in
a confidential report that includes:
(i) A
description of the proposed use, including drawings and maps.
(ii) A description of the project area,
including soils, vegetation, topography, drainage, past alterations, and
existing land use.
(iii) A list of
the documents and records examined during the archival research and a
description of any precontact or historic events associated with the project
area.
(iv) A description of the
fieldwork methodology used to identify cultural resources, including a map that
shows the project area, the areas surveyed, and the location of subsurface
probes. The map shall be prepared at a scale that provides accurate and
readable details. In no event shall the scale be less than one inch equals 100
feet (1:1,200).
(v) An inventory of
the cultural resources that exist in the project area, including a written
description, photographs, drawings, and a map. The map shall be prepared at a
scale that provides accurate and readable details. In no event shall the scale
be less than one inch equals 100 feet (1:1,200).
(vi) A summary of all written comments
submitted by tribal governments and other interested persons.
(vii) A preliminary assessment of whether the
proposed use would or would not have an effect on cultural resources. The
assessment shall incorporate concerns and recommendations voiced during
consultation meetings and information obtained through archival and
ethnographic research and field surveys.
(d) Requirements for Historic Surveys and
Reports
(A) Historic surveys shall document
the location, form, style, integrity, and physical condition of historic
buildings and structures. They shall include original photographs and maps.
Archival research, blueprints, and drawings should be used as
necessary.
(B) Historic surveys
shall describe any uses that will alter or destroy the exterior architectural
appearance of the historic buildings or structures, or compromise features of
the site that are important in defining the overall historic character of the
historic buildings or structures.
(C) The project applicant shall provide
detailed architectural drawings and building plans that clearly illustrate all
proposed alterations.
(e) Requirements for Consultation and
Ethnographic Research for Reconnaissance and Historic Surveys
(A) When written comments are submitted to
the Executive Director within the comment period provided in 350-0820120, the
project applicant shall offer to meet with the interested persons within ten
calendar days. The 10-day consultation period may be extended upon agreement
between the project applicant and the interested persons. Consultation meetings
should provide an opportunity for interested persons to explain how the
proposed use may affect cultural resources. This consultation meeting may
include oral history identification through tribal sources. Recommendations to
avoid potential conflicts should be discussed.
(B) All written comments, consultation
meeting minutes, and ethnographic research shall be incorporated into the
reconnaissance or historic survey report, except that sensitive tribal
information may be redacted by an appropriate tribal representative. In
instances where a survey is not required, all such information shall be
recorded and addressed in a report that typifies a survey report; inapplicable
elements may be omitted.
(C) A
project applicant who is proposing a large-scale use shall conduct interviews
and other forms of ethnographic research if interested persons submit a written
request for such research. All requests must include a description of the
cultural resources that may be affected by the proposed use and the identity of
knowledgeable informants. Ethnographic research shall be conducted by qualified
specialists. Recordings, maps, photographs, and minutes shall be used when
appropriate.
(f) Notice
of Survey Results
(A) The Executive Director
shall submit a copy of all cultural resource survey reports to the State
Historic Preservation Officer and the tribal governments. Survey reports may
include measures to avoid affected cultural resources, such as a map that shows
a reasonable buffer zone.
(B) The
State Historic Preservation Officer and the tribal governments shall have 30
calendar days from the date a survey report is mailed to submit written
comments to the Executive Director. The Executive Director shall record and
address all written comments in the development review order.
(g) Conclusion of the Cultural
Resource Protection Process
(A) The Executive
Director shall make a final decision on whether the proposed use would be
consistent with 350-0820620. If the final decision contradicts the comments
submitted by the State Historic Preservation Officer or a tribal government,
the Executive Director shall justify how an opposing conclusion was
reached.
(B) The cultural resource
protection process may conclude when one of the following conditions exists:
(i) The proposed use does not require a
reconnaissance or historic survey, no cultural resources are known to exist in
the project area, and no substantiated concerns were voiced by interested
persons within 30 calendar days of the date that a notice was mailed.
(ii) A reconnaissance survey demonstrates
that cultural resources do not exist in the project area, no substantiated
concerns were voiced by interested persons within 30 calendar days of the date
that a notice was mailed, and no substantiated concerns regarding the
reconnaissance survey were voiced by the State Historic Preservation Officer or
Indian tribal governments during the 30-day comment period required in
subsection 2(f)(B) above.
(iii) The
proposed use would avoid archaeological resources and traditional cultural
resources that exist in the project area. To meet this guideline, a reasonable
buffer zone must be established around the affected resources or properties;
all ground-disturbing activities shall be prohibited within the buffer zone.
Buffer zones must preserve the integrity and context of cultural resources.
They will vary in width depending on the eventual use of the project area, the
type of cultural resources that are present, and the characteristics for which
the cultural resources may be significant. A deed covenant, easement, or other
appropriate mechanism shall be developed to ensure that the buffer zone and the
cultural resources are protected.
(iv) An evaluation of significance shall be
conducted if a project applicant decides not to avoid the affected cultural
resource. In these instances, the reconnaissance survey and survey report shall
be incorporated into the evaluation of significance.
(v) A historic survey demonstrates that the
proposed use would not have an effect on historic buildings or structures.
(I) To demonstrate that the proposed use
would not have an effect on historic buildings or structures, the historic
survey must satisfy one of the following guidelines:
(A) The State Historic Preservation Officer
concludes that the historic buildings or structures are clearly not
significant, as determined by using the criteria in the "National Register
Criteria for Evaluation" (36 CFR
60.4), or
(B) The proposed use would not compromise the
historic or architectural character of the affected buildings or structures, or
compromise features of the site that are important in defining the overall
historic character of the affected buildings or structures, as determined by
the guidelines and standards in The Secretary of the Interior's Standards for
the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S.
Department of the Interior, 2017, or most recent revision).
(II) The historic survey conducted
by the Gorge Commission may provide sufficient information to satisfy these
guidelines. If it does not, architectural and building plans, photographs, and
archival research may be required. The project applicant shall be responsible
for providing information beyond that included in the survey conducted by the
Gorge Commission.
(III) The
historic survey and report must demonstrate that these guidelines have been
clearly and absolutely satisfied. If the State Historic Preservation Officer or
the Executive Director question whether these guidelines have been satisfied,
the project applicant shall conduct an evaluation of significance.
(3) Evaluation of Significance
(a) Cultural resources are significant if one
of the following criteria is satisfied:
(A)
The cultural resources are included in, or eligible for inclusion in, the
National Register of Historic Places. The criteria for evaluating the
eligibility of cultural resources for the National Register of Historic Places
appear in the "National Register Criteria for Evaluation" (36 CFR
60.4). Generally, cultural resources must
meet one or more of the following criteria. If a cultural resource meets one or
more of the criteria, then it shall be assessed for integrity of location,
design, setting, materials, workmanship, feeling, and association. If a
cultural resource has the requisite integrity, then it would be eligible for
the National Register of Historic Places.
(i)
Have an association with events that have made a significant contribution to
the broad patterns of the history of this region.
(ii) Have an association with the lives of
persons significant in the past.
(iii) Embody the distinctive characteristics
of a type, period, or method of construction, or represent the work of a
master, or possess high artistic values, or represent a significant and
distinguishable entity whose components may lack individual
distinction.
(iv) Yield, or may be
likely to yield, important precontact or historical information.
(B) The cultural resources are
determined to be culturally significant by a tribal government, based on
criteria developed by that tribal government.
(b) If cultural resources would be affected
by a new use, an evaluation of their significance shall be conducted.
Evaluations of significance shall meet the following guidelines:
(A) Evaluations of significance shall follow
the procedures in How to Apply the National Register Criteria for Evaluation
(U.S. Department of the Interior, 1997, or most recent version) and Guidelines
for Evaluating and Documenting Traditional Cultural Properties (Parker and
King, 1998, or most recent version). They shall be presented within local and
regional contexts and shall be guided by previous research and current research
designs that are relevant to specific research questions for the Columbia River
Gorge.
(B) To evaluate the
significance of cultural resources, the information gathered during the
reconnaissance or historic survey may have to be supplemented. Detailed field
mapping, subsurface testing, photographic documentation, laboratory analyses,
and archival research may be required.
(C) The project applicant shall contact
tribal governments and interested persons, as appropriate. Ethnographic
research shall be undertaken as necessary to fully evaluate the significance of
the cultural resources.
(D) The
evaluation of significance shall follow the principles, guidelines, and report
format recommended by the Oregon State Historic Preservation Office (Oregon
SHPO) or Washington Department of Archaeology and Historic Preservation
(Washington DAHP). It shall incorporate the results of the reconnaissance or
historic survey and shall illustrate why each cultural resource is or is not
significant. Findings shall be presented within the context of relevant local
and regional research.
(E) All
documentation used to support the evaluation of significance shall be cited.
Evidence of consultation with tribal governments and other interested persons
shall be presented. All comments, recommendations, and correspondence from
tribal governments and interested persons shall be appended to the evaluation
of significance.
(c) The
Gorge Commission shall establish a Cultural Advisory Committee (CAC). The CAC
shall comprise cultural resource professionals, interested individuals, and at
least one representative from each of the four Indian tribes. If a project
applicant's and Indian tribal government's evaluations of significance
contradict, the Cultural Advisory Committee (CAC) shall review the applicant's
evaluation and Indian tribal government's substantiated concerns. The CAC will
submit a recommendation to the Executive Director as to whether affected
cultural resources are significant.
(d) Notice of Evaluation Results
(A) If the evaluation of significance
demonstrates that the cultural resources are not significant, the Executive
Director shall submit a copy of the evaluation of significance to the State
Historic Preservation Officer and the tribal governments for
concurrence.
(B) The State Historic
Preservation Officer, tribal governments, and interested persons shall have 30
calendar days from the date the evaluation of significance is mailed to submit
written comments to the Executive Director. The Executive Director shall record
and address all written comments in the development review order.
(e) Cultural Resources are
Culturally Significant
(A) If a tribal
government believes that the affected cultural resources are culturally
significant, contrary to the evaluation submitted by the project applicant, the
Cultural Advisory Committee (CAC) shall make an independent review of the
applicant's evaluation and the tribal government's substantiated concerns. The
CAC shall formulate a recommendation regarding the significance of the cultural
resources.
(B) The tribal
government shall substantiate its concerns in a written report. The report
shall be submitted to the Executive Director, CAC, and the project applicant
within 15 calendar days from the date the evaluation of significance is mailed.
The CAC must submit its recommendation to the Executive Director within 30
calendar days from the date the evaluation of significance is mailed.
(f) Conclusion of the Cultural
Resource Protection Process
(A) The Executive
Director shall make a final decision on whether the affected resources are
significant. If the final decision contradicts the comments or recommendations
submitted by the State Historic Preservation Officer, a tribal government, or
the CAC, the Executive Director shall justify how an opposing conclusion was
reached.
(B) The cultural resource
protection process may conclude if the affected cultural resources are not
significant.
(C) If the project
applicant or the Executive Director determines that the cultural resources are
significant, the effects of the proposed use shall be assessed.
(4) Assessment of Effect
(a) If a use could potentially affect
significant cultural resources, an assessment shall be made to determine if it
would have no effect, no adverse effect, or an adverse effect. The assessment
shall meet the following guidelines:
(A) The
assessment of effect shall be based on the criteria published in "Protection of
Historic Properties" (36 CFR
800.5) and shall incorporate the results of
the reconnaissance or historic survey and the evaluation of significance. All
documentation shall follow the requirements listed in
36 CFR
800.11.
(i)
Proposed uses are considered to have an effect on cultural resources when they
alter or destroy characteristics of the resources that make them significant
(36 CFR 800. 5).
(ii) Proposed uses
are considered to have an adverse effect when they may diminish the integrity
of the cultural resource's location, design, setting, materials, workmanship,
feeling, or association (36 CFR 800. 5). Adverse effects on cultural resources
include, but are not limited to:
(I) Physical
destruction, damage, or alteration of all or part of the cultural
resource.
(II) Isolation of the
cultural resource from its setting or alteration of the character of the
resource's setting when that character contributes to the resource's
qualification as being significant.
(III) Introduction of visual, audible, or
atmospheric elements that are out of character with the cultural resource or
its setting.
(IV) Neglect of a
significant cultural resource resulting in its deterioration or destruction,
except as described in
36 CFR
800.5.
(B) The assessment of effect shall be
prepared in consultation with tribal governments and interested persons, as
appropriate. The concerns and recommendations voiced by tribal governments and
interested persons shall be recorded and addressed in the assessment.
(C) The effects of a proposed use that would
otherwise be determined to be adverse may be considered to be not adverse if
any of the following instances apply:
(i) The
cultural resources are of value only for their potential contribution to
archeological, historical, or architectural research, and when such value can
be substantially preserved through the conduct of appropriate research before
development begins, and such research is conducted in accordance with
applicable professional standards and guidelines.
(ii) The undertaking is limited to the
rehabilitation of buildings and structures, and is conducted in a manner that
preserves the historical and architectural character of affected cultural
resources through conformance with The Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S.
Department of the Interior, 2017, or most recent revision).
(iii) The proposed use is limited to the
transfer, lease, or sale of non-federal lands that contain cultural resources,
and adequate restrictions or conditions are included to ensure preservation of
the significant features of the resources.
(b) Notice of Assessment Results
(A) If the assessment of effect concludes
that the proposed use would have no effect or no adverse effect on significant
cultural resources, the Executive Director shall submit a copy of the
assessment to the State Historic Preservation Officer and the tribal
governments.
(B) The State Historic
Preservation Officer, tribal governments, and interested persons shall have 30
calendar days from the date the assessment of effect is mailed to submit
written comments to the Executive Director. The Executive Director shall record
and address all written comments in the development review
order.
(c) Conclusion of
the Cultural Resource Protection Process
(A)
The Executive Director shall make a final decision on whether the proposed use
would have no effect, no adverse effect, or an adverse effect. If the final
decision contradicts the comments submitted by the State Historic Preservation
Officer or a tribal government, the Executive Director shall justify how an
opposing conclusion was reached.
(B) The cultural resource protection process
may conclude if the proposed use would have no effect or no adverse effect on
significant cultural resources.
(C)
A mitigation plan shall be prepared if a project applicant or the Executive
Director determines that the proposed use would have an adverse effect on
significant cultural resources.
(5) Mitigation Plans
(a) Mitigation plans shall be prepared when
proposed uses would have an adverse effect on significant cultural resources.
The plans shall reduce an adverse effect to no effect or no adverse effect.
Mitigation plans shall meet the following guidelines:
(A) Mitigation plans shall be prepared in
consultation with persons who have concerns about or knowledge of the affected
cultural resources, including tribal governments, Native Americans, local
governments whose jurisdiction encompasses the project area, and the State
Historic Preservation Officer.
(B)
Avoidance of cultural resources through project design and modification is
preferred. Avoidance may be effected by reducing the size, scope,
configuration, and density of the proposed use.
(C) Alternative mitigation measures shall be
used only if avoidance is not practicable. Alternative measures may include,
but are not limited to, requiring a monitor during construction, burial under
fill, stabilization, removal of the cultural resource to a safer place, and
partial to full excavation and recordation. If the mitigation plan includes
buffer zones to protect cultural resources, a deed covenant, easement, or other
appropriate mechanism shall be developed and recorded in county deeds and
records.
(D) Mitigation plans shall
incorporate the results of the reconnaissance or historic survey, the
evaluation of significance, and the assessment of effect, and shall provide the
documentation required in
36 CFR
800.11, including, but not limited to:
(i) A description and evaluation of any
alternatives or mitigation measures that the project applicant proposes for
reducing the effects of the proposed use.
(ii) A description of any alternatives or
mitigation measures that were considered but not chosen and the reasons for
their rejection.
(iii)
Documentation of consultation with the State Historic Preservation Officer
regarding any alternatives or mitigation measures.
(iv) A description of the project applicant's
efforts to obtain and consider the views of tribal governments, interested
persons, and Executive Director.
(v) Copies of any written recommendations
submitted to the Executive Director or project applicant regarding the effects
of the proposed use on cultural resources and alternatives to avoid or reduce
those effects.
(b) Notice of Mitigation Plan Results
(A) If a mitigation plan reduces the effect
of a use from an adverse effect to no effect or no adverse effect, the
Executive Director shall submit a copy of the mitigation plan to the State
Historic Preservation Officer and the tribal governments.
(B) The State Historic Preservation Officer,
tribal governments, and interested persons shall have 30 calendar days from the
date the mitigation plan is mailed to submit written comments to the Executive
Director. The Executive Director shall record and address all written comments
in the development review order.
(c) Conclusion of the Cultural Resource
Protection Process
(A) The Executive Director
shall make a final decision on whether the mitigation plan would reduce an
adverse effect to no effect or no adverse effect. If the final decision
contradicts the comments submitted by the State Historic Preservation Officer
or a tribal government, the Executive Director shall justify how an opposing
conclusion was reached.
(B) The
cultural resource protection process may conclude if a mitigation plan would
reduce an adverse effect to no effect or no adverse effect.
(C) The proposed use shall be prohibited when
acceptable mitigation measures fail to reduce an adverse effect to no effect or
no adverse effect.
(6) Cultural Resources Discovered After Construction Begins
(a) The following
procedures shall be used when cultural resources are discovered during
construction activities and shall be included as conditions of approval for all
review uses.
(b) All survey and
evaluation reports and mitigation plans shall be submitted to the Executive
Director and the State Historic Preservation Officer. Tribal governments also
shall receive a copy of all reports and plans if the cultural resources are
precontact or otherwise associated with Native Americans.
(A) Halt of Construction. All construction
activities within 100 feet of the discovered cultural resource shall cease. The
cultural resources shall remain as found; further disturbance is
prohibited.
(B) Notification. The
project applicant shall notify the Executive Director within 24 hours of the
discovery. If the cultural resources are precontact or otherwise associated
with Native Americans, the project applicant shall also notify the tribal
governments within 24 hours.
(C)
Survey and Evaluation. The Gorge Commission shall survey the cultural resources
after obtaining written permission from the landowner and appropriate permits
from the State Historic Preservation Officer. (See ORS
358.905
to
358.955, and
RCW 27.53). It shall gather enough information to evaluate the significance of
the cultural resources. The survey and evaluation shall be documented in a
report that generally follows the guidelines in 350-082-0620(2)(c) and
350-082-0620(3). Based on the survey and evaluation report and any written
comments, the Executive Director shall make a final decision on whether the
resources are significant. Construction activities may recommence if the
cultural resources are not significant. A mitigation plan shall be prepared if
the affected cultural resources are significant.
(D) Mitigation Plan. Mitigation plans shall
be prepared according to the information, consultation, and report guidelines
contained in the 350-082-0620(5). Construction activities may recommence when
the conditions in the mitigation plan have been executed.
(7) Discovery of Human Remains
(a) The following procedures shall be used
when human remains are discovered during a cultural resource survey or during
construction, and shall be included as conditions of approval for all review
uses.
(b) Human remains means
articulated or disarticulated human skeletal remains, bones, or teeth, with or
without attendant burial artifacts.
(A) Halt
of Activities. All survey, excavation, and construction activities shall cease.
The human remains shall not be disturbed any further.
(B) Notification. Local law enforcement
officials, the Executive Director, and the tribal governments shall be
contacted immediately. Do not contact any other entity other than those listed
here.
(C) Inspection. The county
coroner, or appropriate official, shall inspect the remains at the project site
and determine if they are precontact, historic, or modern. Representatives from
the tribal governments shall have an opportunity to monitor the
inspection.
(D) Jurisdiction. If
the remains are modern, the appropriate law enforcement officials shall assume
jurisdiction and the cultural resource protection process may
conclude.
(E) Treatment. In Oregon,
precontact or historic remains of Native Americans shall generally be treated
in accordance with the procedures set forth in ORS
97.740
to
97.760.
In Washington, the procedures set forth in RCW 27.44 and 68.05 shall generally
be implemented if the remains are precontact or historic.
(i) If the human remains will be reinterred
or preserved in their original position, a mitigation plan shall be prepared in
accordance with the consultation and report requirements specified in
350-082-0620(5).
(ii) The
mitigation plan shall accommodate the cultural and religious concerns of Native
Americans. The cultural resource protection process may conclude when the
conditions set forth in 350-082-0620(5)(c) are met and the mitigation plan is
executed.
Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)
Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.