Chapter 22.30
CULTURAL RESOURCE PROTECTION—SPECIAL MANAGEMENT AREAS
Sections:
22.30.010 General provisions for implementing the cultural resource protection process.
22.30.020 Assessing potential effects to cultural resources.
22.30.010 General provisions for implementing the cultural resource protection process.
A. All cultural resource information shall remain confidential and exempt from public records requests, according to Section 6(a)(1)(A) of the National Scenic Area Act and RCW 42.17.310(k). Federal agency cultural resource information is also confidential and exempt by statute from the Freedom of Information Act under 16 USC 470(hh) 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 set out in 36 CFR Part 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 Section 22.30.020 for forest practices and National Forest System lands.
D. New developments or land uses shall not adversely affect significant cultural resources.
E. The procedures in Chapter 22.22 (Cultural Resource Protection—General Management Areas) shall be used to review all proposed developments and land uses other than those on all federal lands, federally assisted projects and forest practices.
F. The procedures in Section 22.30.020 and guidelines in 36 CFR 800 shall be used by the federal agencies to evaluate new developments or land uses on federal lands, federally assisted projects, and forest practices. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.30.020 Assessing potential effects to cultural resources.
The following procedures as well as the provisions in 36 CFR 800 shall be used to assess potential effects to cultural resources on federal lands, federally assisted projects, and forest practices:
A. Literature Review and Consultation.
1. An assessment shall be made to determine if any cultural resources listed on the National Register of Historic Places at the national, state, or local level are present on or within the area of potential direct and indirect impact.
2. 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. The search shall include consultation with the Washington State Department of Archaeology and Historic Preservation (DAHP) and tribal governments. State and tribal government’s response to the consultation request shall be allowed for thirty days.
3. Cultural resource professionals knowledgeable about the area shall be consulted.
4. A field inventory by a cultural resource professional shall be required if the Forest Service or the administrator 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.
1. Tribal representatives shall be invited to participate in the field inventory.
2. The field inventory shall conform to one of the following standards, as determined by the cultural resource professional:
a. 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 or augering or shovel probing of subsurface soils for the presence of buried cultural resources.
b. 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 of parcels that are large or difficult to survey, and is generally accomplished by a stratified random or nonstratified random sampling strategy. A parcel is stratified either by variables such as vegetation, topography or elevation, or by nonenvironmental 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.
3. A field inventory report shall be required and shall include the following:
a. A narrative integrating the literature review with the field inventory.
b. A description of the field inventory methodology used. The description shall include the type and extent of field inventory and shall be supplemented by maps that graphically illustrate the areas surveyed and not surveyed and provide the rationale for each.
c. A statement of the presence or absence of cultural resources within the area of the new development or land use.
d. When cultural resources are not located, a statement of the likelihood of buried or otherwise concealed cultural resources. Recommendations and standards for monitoring, if appropriate, shall be included.
4. The report shall follow the format specified by the Washington State Department of Archaeology and Historic Preservation (DAHP).
5. The field inventory report shall be presented to the Forest Service for review.
C. Evaluation of Significance.
1. 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 the criteria of the National Register of Historic Places (36 CFR 60.4).
2. Evaluations of cultural resource significance shall be guided by previous and current research designs relevant to specific research questions for the area.
3. Evaluations of the significance of traditional cultural properties shall follow National Register Bulletin 38, provisions for the evaluation and documentation of traditional cultural properties, within local and regional contexts.
4. 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.
5. 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.
6. An assessment of effect shall be required if the Forest Service or the administrator determines that the inventoried cultural resources are significant.
D. Assessment of Effect.
1. For each significant (i.e., eligible for the National Register) 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. Evidence of consultation with tribal governments and individuals with knowledge of the cultural resources of the project area shall be included for subsections (D)(2) through (4) of this section. The Forest Service shall review each determination for adequacy.
2. If the proposed development or change in use will have “no adverse effect,” as defined in 36 CFR 800.4, to a significant cultural resource, documentation for that finding shall be completed following the documentation requirements of 36 CFR 800.11. If the proposed development or change in use will have an effect then criteria of adverse effect must be applied (36 CFR 800.5).
3. If the proposed development or change in use will have an “adverse effect,” as defined in 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).
4. If the “effect” appears to be beneficial (i.e., an enhancement to cultural resource), recommendations shall be documented concerning the beneficial effects upon the qualities of the cultural resource that make it eligible for the National Register. This documentation shall follow the process outlined under 36 CFR 800.11 (Documentation Standards).
E. Mitigation.
1. If there will be an effect on cultural resources, mitigation measures shall be provided (36 CFR 800.6, Resolution of Adverse Effects). Mitigation measures that shall be considered include avoidance of the property through project design or modification and subsequent protection, burial under fill, data recovery excavations or other appropriate measures.
2. Evidence of consultation with tribal governments and individuals with knowledge of the affected resources, and documentation of their concerns, shall be included for all mitigation proposals.
3. The Forest Service shall review all mitigation proposals for adequacy.
F. Discovery During Construction.
1. All authorizations for new developments or land uses shall be conditioned to require the immediate notification of the Forest Service or the administrator if cultural resources are discovered during construction or development.
2. 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/or recover the resources.
3. 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 administrator, the Forest Service, the applicant’s cultural resource professional, the state medical examiner, and the appropriate law enforcement agencies.
c. The Forest Service or administrator shall notify the tribal governments if the discovery is determined to be an Indian tribal burial or a cultural resource.
d. A cultural resource professional shall evaluate the potential significance of the resource pursuant to subsection (C) of this section and report the results to the Forest Service or administrator.
4. The cultural resource review process shall be complete and work may continue if the Forest Service or the administrator determines that the cultural resource is not significant.
5. The cultural resource professional shall recommend measures to protect and/or recover the resource pursuant to subsection (E) of this section if the Forest Service or administrator determines that the cultural resource is significant. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part). Formerly 22.30.080)