Purpose:
To notify Certified Local Public Agencies (LPAs) about the need to obtain archaeological clearances from the ODOT Archaeologist in advance of geotechnical investigations on federal-aid projects. Having the proper clearances in place ensures:
- That the required Tribal Consultation has been conducted by ODOT.
- The project has taken the necessary steps to comply with state and federal archaeological legal requirements.
- That ODOT’s Programmatic Agreement (PA) for compliance with Section 106 of the National Historic Preservation Act is utilized appropriately. Abuse of, or noncompliance with, the PA could result in the loss of its streamlined project delivery opportunities and benefits to both ODOT and Certified LPAs.
Bulletin Information:
Background: Federally-funded projects are subject to regulations protecting archaeological resources. Such regulations include Section 106 of the National Historic Preservation Act (NHPA), Archaeological Resources Protection Act (ARPA), and other environmental laws as well as Tribal Treaty Rights. These laws ensure archaeological resources are adequately accounted for and proper consultation takes place with Tribal governments, the State Historic Preservation Offices (SHPO), and other interested parties. Archaeological resources are also protected under state statute (ORS358.920 and ORS97.740) and are outlined in Section C, Chapter 6 of the ODOT Local Agency Guidelines for Certified Local Public Agencies (LAG manual). Since geotechnical work happens early in the project life-cycle, it is important that the necessary archaeological clearances are obtained early from the ODOT Archaeologist/Tribal Liaison by the Certified LPA, and/or by the appropriate Geotechnical Consultant.
Issue: Recently, ODOT has seen a significant increase in geotechnical work advancing without archaeological clearances. This is a direct violation of ODOT’s Section 106 Programmatic Agreement (PA) with the SHPO and the Federal Highway Administration (FHWA) and puts ODOT’s entrusted streamlined processes and professional relationships in jeopardy. The PA allows ODOT and Certified LPA Federal-aid Highway projects to utilize significant privileges that minimizes and streamlines the work necessary to comply with federal and state archaeological resource laws as well as Tribal Treaty Rights. Continued violations of the PA jeopardizes its future use and therefore the Agency’s opportunity to conduct project work along the currently accustomed timelines.
The Certified LPAs are responsible for hiring consultants to administer federally-funded projects. It is critical that those consultants and contractors are aware and acknowledge the environmental and archaeological resources clearance requirements at all stages of the project.
As such, ODOT is taking steps to minimize risk to the PA and create awareness.
Steps to correct the issue: ODOT is taking the following steps to correct the situation:
- Creating new language in Section 4.8 of the Geotechnical Standard Scope of Work and other ODOT SOW templates as relevant to call attention to the requirements for archaeological review and clearance prior to any geotechnical field exploration.
- Conducting a survey to gain a better understanding of our Statement of Work usage and application.
- Conducting outreach via bulletins and email communications.
- Providing future training at the Certification User Group Annual Meeting on December 3, 2020.
Technical Assistance: For information regarding geotechnical investigations, contact Curran Mohney at curran.e.mohney@odot.state.or.us. For information regarding archaeological investigations contact Carolyn Holthoff at Carolyn.p.holthoff@odot.state.or.us.
Webpage links:
https://www.oregon.gov/odot/GeoEnvironmental/Pages/GES-SOWs.aspx
Feedback: We are always trying to improve. Please send any feedback regarding this document to the Certification Program Manager or Certification Program Office mailbox, or contact us by phone.
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