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SELECTING AN APPROPRIATE METHOD OF ANALYSIS There are three general steps to any cultural resource evaluation. These steps are described in order. Step 1 Determine the study area. The first and most important step in the analysis is to identify the area that will need to be surveyed, or the area of potential effects (APE). It is important to remember that this may not be a single area, that it may not have hard and fast boundaries, and that its limits are not based on land ownership. It is often necessary to define different APEs for the different types of cultural resources. For example, the APE for archaeological sites would nomally be restricted to the area of direct impact from ground disturbing activities, while the APE for TCPs would cover a larger area to anticipate indirect impacts from such issues as the introduction of new, visually intrusive elements to the landscape. The study area should include the following: Alternative locations for the project; Locations where ground may be disturbed; Locations from which elements of the undertaking (structures or land disturbance) may be visible; and Locations where the activity may result in changes in traffic patterns, land use, or public access. Step 2 Inventory the cultural resources within the impact area. Fortunately, this can be a resource inventory very similar to that which must generally be carried out to conform with Section 106 of the NHPA. This act requires that all buildings, sites, structures, districts, and objects within the study area be surveyed for eligibility for inclusion in the NRHP. This survey will provide much of the information needed to identify resources for the analysis. Most state DOTs have ongoing contracts or relationships with state archeologists or other licensed individuals or groups that conduct research and fieldwork and present their findings and recommendations. In the event that an ongoing relationship does not exist, referrals to qualified individuals can be obtained from the State Historic Preservation Officer (SHPO) or state archeologist office, or in cases on Indian Reservations or other tribal lands, the Tribal Historic Preservation Officer (THPO) or tribal archaeologist if such offices have been established. Information provided by the NHPA survey that is needed for presentation to the public includes, but is not limited to, the following (as appropriate): Name and location of resource, Property owner, Category of property, Number of resources within property, Previously listed related resources, Resource function or use (historic and current), 295

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Architectural classification and materials used, Brief narrative description of current condition, Brief narrative description of resource significance, Period of significance (i.e., dates and related people), Cultural affiliation, and Maps and photographs of each resource (both historic and current). Describing the entire investigation conducted by survey professionals is well beyond the scope of this guidebook, but the following is a brief summary of the categories of investigation and types of resources about which information will be needed. Historic Properties. Included are buildings, sites, structures, districts, and objects that have already been listed or deemed eligible for listing in the NRHP. The NRHP lists all properties that have been so designated or are currently being evaluated for inclusion in the register. A list of properties for the study area and documentation on their significance can be obtained from either the National Park Service, an SHPO, or THPO. Anthropological and archeological considerations. It is often very difficult to recognize the important anthropological and archeological features of an area. Artifacts and their locations can be complicated and fragile. Information concerning Native American sacred sites and other types of TCPs is often confidential and not readily shared with outsiders. This complexity requires that the evaluation be conducted by qualified investigators and that it include the following: Background research: - Existing anthropological reports; - State or tribal historic preservation plans and data; - Tribal records, histories, documents, and agreements; - Contact with additional local/state/tribal anthropological and archeological experts; and - Consultation with local/state/tribal historic preservation and cultural commissions. Field investigation and reconnaissance: - Site visit and visual inspection of area of potential impact; - Subsurface or interior investigation as warranted; - Intensive site investigation as necessary; and - Recovery work. Consultation with Indian tribes for undertakings on, or affecting, tribal lands or in areas where there was historical usage by Native Americans. While contact with local tribal governments can provide most, if not all, of the pertinent research and documentation you may need on the cultural resources of Native Americans, your 296

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responsibility does not end there. It is also necessary to make a good-faith effort to identify tribes that may attach cultural significance to a site and to establish whether or not that tribe still inhabits the area in question. The U.S. Department of the Interior, Bureau of Indian Affairs (BIA) maintains a list of federally recognized Indian tribes and is required to publish an updated list every 3 years in the Federal Register. The most recent list was published in 2002 and is available at 67 FR 46328 (BIA 2002). There also are BIA regional offices throughout the country. These offices can be found in the blue pages of the local telephone directory under U.S. Department of Interior, Bureau of Indian Affairs. Ongoing dialogue and negotiations between federal agencies and states with tribal governments can help ensure fair and equitable treatment of cultural resources. It should be noted that many archeological findings and locations of Native American artifacts (specifically burial grounds) are confidential and, as such, not part of the public record or the public notification process that you will undertake in keeping with these environmental justice guidelines. Nonetheless, good- faith efforts must be made to inform, discuss, and (when necessary) mitigate impacts on these cultural resources with the same vigor as with more public findings. To facilitate the good faith efforts of federal agencies and state governments, the Advisory Council on Historic Preservation (ACHP), with support from the FHWA, has developed a geographic information system (GIS)-based system to help identify Indian tribes with whom an agency should consult, provide initial contact information, and define areas of tribal historic interest by individual counties. However, the database should not be the sole basis for the good faith effort since participation on the part of the Indian tribes is voluntary and not all tribes have responded to the request for information. At this time, the initiative, which has been named "Project Vision," is in the pilot stage and the interactive map can be viewed at Historical aspects of the community. While some historical aspects of a community surveyed as part of the NHPA may not be eligible for inclusion in it, they still may qualify as cultural resources for the purposes of a survey related to environmental justice. The best way to become familiar with the relevant historical events and their sites is to contact leaders within the communities of interest, both generally and within protected populations. Among the cultural resources that may warrant special attention are those such as the following: Sites of cultural significance, regardless of age; Sites of current cultural events or activities; Travel corridors to and from cultural resources; and Sites that have significant social impact on a group or neighborhood. Based on insights compiled through background research and site visits, follow-up research may be necessary. Local historical societies and state or tribal cultural organizations can often refer you to experts on specific time periods, cultures, or histories, as needed. Use of the standardized forms that are part of the NRHP application process can help to ensure uniformity of documentation and provide a template for the type of data that need to be collected. 297