National Academies Press: OpenBook

Effective Methods for Environmental Justice Assessment (2004)

Chapter: Chapter 13 - Cultural Resources

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Suggested Citation:"Chapter 13 - Cultural Resources." National Academies of Sciences, Engineering, and Medicine. 2004. Effective Methods for Environmental Justice Assessment. Washington, DC: The National Academies Press. doi: 10.17226/13694.
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293 CHAPTER 13. CULTURAL RESOURCES OVERVIEW Although the term “cultural resources” is not explicitly defined in the National Environmental Policy Act (NEPA), NEPA does require consideration of “Federal actions significantly affecting the quality of the human environment.” (Section 102 [42 USC 4332]). The Council for Environmental Quality (CEQ) regulations implementing NEPA state that the “’human environment’ shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment” (40 CFR 1508.14). The CEQ regulations specifically address actions that “may adversely affect districts, sites, highways, structures, or objects listed in, or eligible for, listing in the National Register of Historic Places (NRHP) or may cause loss or destruction of significant scientific, cultural, or historic resources” (40 CFR 1508.27). Culturally valued aspects of the environment generally include historic properties, other culturally valued pieces of real property that are often referred to as “traditional cultural properties” (TCP, see King 2003), and cultural use of the biophysical environment. In some contexts, the term “cultural resources” is narrowly defined to mean a place that is eligible for listing in the NRHP. In other contexts, the term is used broadly to refer to “all elements of the physical and social environment that are thought by anybody—a community, a tribe, an interest group—to have cultural value” (King 2003, p. 11). The broad meaning of the term is used in this guidebook. Other laws and directives that are applied in concert with NEPA include the following: • The National Historic Preservation Act (NHPA), • The Native American Graves Protection and Repatriation Act (NAGPRA), • The American Indian Religious Freedom Act (AIRFA), • The Archeological Resources Protection Act (ARPA), • The Archeological Data Preservation Act (ADPA)1, and • Executive Orders 13006 and 13007. Source materials for each of these directives is described in the reference section at the end of this chapter. In this chapter, we present a context for identifying resources that may be of cultural value to protected populations. We also suggest methods for assessing the likely effect of a proposed transportation project on these cultural resources. 1 The Archeological Data Preservation Act of 1974 (ADPA) is an unofficial term commonly confused with the actual name of the 1974 act, which is the Archaeological and Historic Preservation Act of 1974 (Moss-Bennett Act). Public Law 93-291, 16 U.S. Code 469-469c.

294 There are generally three types of culturally valued aspects of an environment: • Historic properties that include objects, buildings, sites, structures, and districts where some historically significant event occurred, are associated with important people, are architecturally distinctive, or have produce important information concerning history. • Anthropological sites, including cultural use of the biophysical environment (e.g., burial grounds). • Intangible sociocultural attributes such as social institutions, religious practices, and other cultural institutions. Unlike most of the other aspects of environmental justice addressed in this guidebook, impacts of many types of transportation projects on cultural resources cannot be measured quantitatively. Rather, the value and sensitivity of most cultural resources can be deduced only through contact with the affected populations. To facilitate assessment of project effects on various types of cultural resources, we have included methods in this chapter that are as intuitive, practical, and as useful as possible. STATE OF THE PRACTICE Many cultural resources are identified and protected as a result of either grassroots community efforts or through surveys mandated by federal law or executive order (including Section 106 of the NHPA) as projects are developed. Either path can result in a building, structure, district, object, or site being surveyed for inclusion in the NRHP (administered by the National Park Service). Most surveys include a study of the nature and scope of historical significance for each resource. However, as described above, there are differing perceptions of how cultural resources should be identified, with implications reaching far beyond the identification of old buildings and archeological artifacts. A broader and more inclusive definition of cultural resources is being suggested in an effort to include concepts like cultural use of the environment, social cohesion and institutions, and religious activities. It is with this new definition and the connection between cultural resources and social impacts that we are addressing environmental justice. Today, the practice of cultural resource identification and management involves a diverse group of fields and individuals. Some of the major contributors to the field include the following: • Archeologists • Sociologists • Ethnographers • Arts organizations • City/regional/state/tribal governments • Historic preservationists Collaboration with some or all of these contributors will produce the most thorough survey and comprehensive results.

295 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),

296 • 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

297 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 http://216.87.89.238/ACHP/startMap.asp. 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.

298 Step 3 – Determine impacts of project on identified resources. The disturbance of cultural resources can have an influence far beyond the physical. To be appropriately comprehensive, impacts can be categorized into one of three areas: • Environmental – changes in the physical structure or environment; • Economic – loss, movement, or change in the economy of the population; and • Social – loss or adverse alteration in the social capital of a community. METHODS Table 13-1 provides a summary of the methods presented in this chapter. Table 13-1. Summary of methods for analyzing cultural resources Method Assessment level Appropriate uses Use when Data needs Expertise required 1. Multilevel impact valuation Screening Project Initial assessment or when a project has several alternative locations Low Survey and interview 2. Site visit and survey with a community leader Screening/ detailed Project Area of effect is small or for confidential or sensitive sites Medium Interview 3. Stakeholder and expert charrette Detailed Project/corridor/ system For large complex projects, when relationships must be rebuilt, or when ongoing dialogue is required Medium Group process and facilitation Method 1. Multilevel impact valuations This approach is intended to produce a summary perspective of how a transportation project would affect the cultural resources of an area. It takes into account the fact that changes in cultural resources can have social, economic, and environmental consequences. When to use. If a project has several alternative locations, this method will provide the quantitative data for comparison purposes. This method is recommended as an initial assessment technique for most projects where cultural-resource effects may be anticipated. For many projects, this method will yield sufficient results to characterize effects to cultural resources that are important to protected populations. Analysis. Categorization of the impacts (both immediate and projected) fall into three areas: economic, environmental, and social. For each of these areas, a questionnaire is used to obtain input from local cultural resource experts, community representatives, and community members.

299 Data needs, assumptions, and limitations. Social, economic, and environmental data needed for this approach are presented below as interview questions. This method, as an interview technique, requires you to survey a representative cross section of individuals that represent the views of the population in general and protected populations in particular. Many of the local knowledge, public input, and survey techniques presented in Chapter 2 are useful in understanding the protected population groups that should be interviewed within the study area. Social data. Social impacts related to changes in cultural resources that would result from a project have the potential to be the most difficult to measure. The key is to increase the understanding of the contributions of cultural resources to a community and the role they play within it. The answers to the questions in Table 13-2, organized by categories of social capital, will provide information about the use and importance of the resources to the norms and networks within the survey area. These questions are only guides and can be tailored to meet the function of each resource. A brief site visit to the resource to interview patrons and employees will help you locate appropriate interview subjects. Most questions merely require either a yes or no answer; others ask the respondent to make a mark on a map. Economic data. These data largely pertain to changes in the number of visitors to culturally significant sites and facilities. They are derived from interviews with persons who are very familiar with the resources that would be affected. Among the performance measures that might be gathered are the following: • Total operating dollars • Ticket revenue generated • Number of employees and salary paid • Number of volunteers • Capital assets • Volunteer hours • Total annual budgets • Visitor spending (direct and indirect) • Number and types of events held • Audience demographic profile • Attendance (paid and free) Environmental data. Data on most adverse effects can be determined by a brief site survey. The demolition of a structure is not the only effect of concern. Following are some basic considerations that can shed light on how and to what extent the cultural resource would be enhanced or damaged in an environmental sense if a potential transportation project were to move forward: • Nature and extent of destruction or alteration of resource; • Destruction or alteration of access to the site; • Introduction of intrusive elements (e.g., visual, audible, or atmospheric); • Transfer, lease, or sale of property; • Potential for neglect or deterioration; • Duration of any disruption or damage; and • Likelihood of unexpected discoveries or impacts.

300 Table 13-2. Interview questions for evaluating social cultural resource effects Travel data 1) What is your travel route when you visit this resource? (marks on map) 2) What is your most common mode of transportation when visiting this resource? 3) Where do you live? (marks on map) Social trust 1) Have you had contact with this resource in the last 12 months? 2) Has this resource impacted social activity in your neighborhood? 3) Has the impact been positive? 4) Do you feel safe when you have contact with this resource? 5) Do you feel safe traveling to and from this resource? 6) Do you see this resource on a regular basis (while traveling to and from work, school, and other activities)? Multiracial trust and organizing 1) Are you aware of any diversity activities related to this resource? 2) Have you met or interacted with other cultures in connection with this resource? Diversity of friendships 1) Have you met and made friends with people you would not have otherwise met? Civic leadership and engagement 1) Have you or has anyone you know attended public meetings or activities at this location or related to this resource? Associational involvement 1) Do any groups, clubs, or associations regularly use this resource? 2) Are you part of any of these groups? 3) Do you know anyone who is part of any of these groups? Educational value 1) Do you have children in school? 2) Has this resource been a part of their curriculum? 3) Have you visited this resource as part of an education-related activity (e.g., a field trip)? Informal socializing 1) Does this resource encourage informal socializing? 2) Do groups gather to chat or “hang out” near or at this resource? 3) Is this a meeting place for people you know? Giving and volunteering 1) Have you or has anyone you know given money or time (volunteering) to this resource? Faith-based engagement 1) Have you or has anyone you know participated in religious activities related to this resource?

301 Results and their presentation. This general method is a rather wide-ranging approach to identifying ways in which an area’s cultural resources may be impacted by a proposed project. Economic impacts. Presenting the alternative project impacts in a table or spreadsheet comparison will allow you to assess how specific elements would be affected and to estimate the bottom-line economic impacts. Environmental impacts. These impacts can be presented via spatial or visual data using GIS or other mapping program output (in either two- or three-dimensional formats) combined with artists’ renderings or photography as needed. Such presentations can display separately and in overlay form the physical impacts of the project. Color-coding map points based on impact type (as discussed in the data section of this method) provide clear visual evidence of impacts. Social impacts. Two types of information result from the questions shown in Table 13-2 on the elements of social capital. The first is a map with respondent residential locations and travel patterns to the resource site, and the second is survey data that can be presented in table or summary form. Assessment. This method relies on quantitative and visual data for the purpose of gaining an initial perspective of project impacts of various sorts that are related to cultural resources. This method does not attempt to produce a form of relative valuation of different impacts. Rather, the goal is to gather clear, easy-to-interpret data to help with an evaluation of trade-offs and distributive effects. Method 2. Site visit and survey with a community leader This method involves the participation of a community leader who is a recognized and respected member of a protected population. He or she must be well informed about both the cultural resource(s) in question and the social mores and values of the population being represented. When to use. When the area of potential effect is relatively small, contains only one (or very few) impacted resources, and the protected population is small and concentrated, the use of a site visit and informal surveys has merit. This method may also be advisable when dealing with confidential or sensitive Native American sites. Analysis. Collection of impact data from protected populations occasionally can be difficult. The use of a community leader can be useful in bridging gaps in comfort and communication between residents and planners. It is vital that you establish a strong working relationship with this person, a relationship based on trust and open communication. This person can facilitate introductions and broker informal discussions centered on the proposed project and potential impacts. This individual or group of individuals should have an established rapport with the protected groups. In many communities, these representatives can be found in local businesses or religious organizations. Visual data, informal interviews, and survey questions collected during the site visit can be used.

302 Data needs, assumptions, and limitations. Advance preparation of a series of questions incorporating both your organization’s own expertise regarding the project and the community leader’s knowledge of the community are used during the site visit. Methods for recording answers and discussions can include audiotaping (always with prior consent of the respondent) or a more general note-taking approach. A subject who declines to be taped can still provide vital information as to community perceptions of cultural resources. Having an extra planning representative along for the express purpose of documenting conversations is valuable whenever possible. Interview subjects might include (but are not limited to) neighborhood residents, merchants and business owners, and visitors to the site at the time of the visit (e.g., shoppers and diners). A physical record of the community or site area (e.g., photographs, videotapes, or drawings) should also be collected. This process requires a great deal of trust in the community leader and a willingness to do much more listening than talking. The method of selecting interview subjects is not scientific, and it should be a collaborative effort between the analyst and the community leader. The emphasis of this method is in gathering both relevant data and anecdotal information regarding cultural resources and their value to the community. The quantitative analysis will reveal what aspects of the cultural community are most important to the respondents and qualitative data should reveal cultural values and perceived impacts within the area of potential effect. More than one site visit may be required depending on the number of protected groups and physical structures involved. Results and their presentation. Comments and responses can be organized by theme and presented either by video or as written text supported by visual data regarding the neighborhood and the resources it contains. Assessment. While this method provides a great deal of transcript information, the assessment is fairly straightforward. The themes, comments, ideas, and concerns that appear in multiple interviews are those that require the most attention. An impact that is articulated by several interview subjects (either within a small group or by those with diverse backgrounds) should be flagged as potentially adverse. Special attention should also be paid to any statements that indicate prior adverse impacts and their effect within the community. Method 3. Stakeholder and expert charrette A charrette is a meeting of people with varied perspectives and dissimilar interests. The objective is to come as close as possible to a consensus as to what cultural resources exist in the study area, their importance, and what should be done to balance the proposed project and these resources. When to use. A charrette can be used for any type of project where there is a need to derive a community consensus on an issue usually involving large a complex project with multiple alternatives. In situations where past projects have strained the relationship between agencies of change and the public, this method can be used to rebuild relationships and empower members of the community by including them in your assessment process. This method can also encourage ongoing dialogue and provide you with individuals to consult throughout the project’s duration.

303 Analysis. As mentioned earlier, impacts can be divided into three main categories: economic, environmental, and social. Convening small discussion groups under each of these categories and inviting stakeholders and experts for each of these areas will not only provide specific local knowledge and insights but also forge new collaborative bonds for future projects. Data needs, assumptions, and limitations. The data gathered with this method will be qualitative in nature and will generally consist of comments by attendees and a statement-of- findings document from each group. Groups can be either quite small (five to eight participants) or larger. Larger groups can initially be divided into smaller working groups and then brought together. One week prior to the scheduled meeting, each group member should be provided with the following: • A clear map delineating the boundaries of the area under investigation; • A list of the resources identified within the area; • A description of the proposed transportation project; • A graphic, photo, or video documentation of the site; • An introduction to the category of concern; and • A clear outline of why the research is being done, its goals and objectives. When defining groups, consider including the following individuals and organizations: • Archeologists and anthropologists • Protected community representatives • Ethnographers and local historians • Social service agencies representatives • Indian tribe representatives • County historical societies • Government officials • Media representatives • Engineers • Religious leaders • Neighborhood or tenant representatives • Grassroots/community-based social service organizations • Comprehensive plan makers • Labor unions and organizations • Environmental organizations and agencies • Libraries, vocational and other schools, colleges and universities • Business people • Legal aid providers • Minority businesses/trade groups • Civil rights organizations • Health care providers • Senior citizen’s groups Results and their presentation. After a brief introduction and review of the documentation provided prior to the meeting, assigned groups form and (in a brainstorming fashion) list all answers provided to each of these questions: 1) Why are these resources important to the community?

304 2) What are their direct impacts on the immediate area? 3) What are their direct impacts on the community at large? 4) What are their indirect impacts on the immediate area? 5) What are their indirect impacts on the community at large? 6) What attributes of the immediate area would be affected or lost as a result of this project? 7) What attributes of the community at large would be affected or lost as a result of this project? After gathering the responses to each of these questions, the participants rank the comments in order of importance or effect. This can be done (depending on the group dynamic) either as a group or individually with the group’s final list being a consensus of individual lists. Respondents, having been provided with a list of protected populations and demographic or neighborhood maps of a demographic nature, would then be encouraged to comment on questions as to how their findings might impact specific demographic groups or communities. Findings that, according to the group, would have a disproportionate effect on a protected population would be highlighted. Finally, the group would prepare a statement of findings. This narrative document would highlight their ideas and responses in each area. This document, along with the lists generated, can be used to present the group’s findings at public meetings. Data from the group can be synthesized into a single table that can accompany the statement of findings. It may be useful to highlight those ranked items that each group identified as having disproportionate effects on protected populations. One can then make a qualitative assessment of overall impacts by viewing the chart and taking note of how many cells are highlighted. Assessment. The key to an effective charrette is including an appropriate mix of participants. Among the considerations that should be taken into account in designing a charrette are ensuring that protected populations are represented and that people are included who have a good working knowledge of the area’s cultural resources. With the right participants involved, a charrette can be an effective method of fostering dialogue that can point to the cultural resources that are valuable and would be affected by a proposed transportation project. REFERENCES American Indian Religious Freedom Act of 1978 (AIRFA). Public Law 95-341, 42 U.S. Code 1996 and 1996a, August 11, 1978. Archaeological Resources Protection Act of 1979 (ADPA). Public Law 96-95, 16 U.S. Code 470aa-mm. Bureau of Indian Affairs (BIA). 2002. “Indian Entities Recognized and Eligible to Receive Services From the United States Bureau of Indian Affairs.” Federal Register, Vol. 67, No. 134 (July 12, 2002), p. 46328.

305 King, Thomas F. 2003. Places that Count: Traditional Cultural Properties in Cultural Resource Management. New York: AltaMira Press. National Historic Preservation Act of 1966 (NHPA), Public Law 86-665, 16 U.S. Code 470, Section 470. 36 CFR 800: Part 800-Protection of Historic and Cultural Properties. Native American Graves Protection and Repatriation Act of 1990 (NAGPRA). Public Law 100- 601, 25 U.C. Code 3001-3013. Federal Register, Vol. 60, No. 232 (December 4, 1995), pp. 62133-62169. President, Proclamation. 1996. “Locating Federal Facilities on Historic Preservation Properties in Our Nation’s Central Cities.” Executive Order 13006. Federal Register, Vol. 61, No. 102 (May 21), pp. 26071-26072. President, Proclamation. 1996. “Indian Sacred Sites.” Executive Order 13007. Federal Register, Vol. 61, No. 104 (May 24), 26771-26772.

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TRB’s National Cooperative Highway Research Program (NCHRP) Report 532: Effective Methods for Environmental Justice Assessment is designed to enhance understanding and to facilitate consideration and incorporation of environmental justice into all elements of the transportation planning process, from long-range transportation systems planning through priority programming, project development, and policy decisions. The report offers practitioners an analytical framework to facilitate comprehensive assessments of a proposed transportation project’s impacts on affected populations and communities.

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