Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 05 - Ocean Special Area Management Plan › Part 4 - RICRMP: Ocean SAMP - Chapter 4 - Cultural and Historic Resources (650-RICR-20-05-4) › Section 650-RICR-20-05-4.3 - Policies and Standards (formerly Section 440)

Current through June 14, 2024
A. The
				  Council recognizes the rich and historically significant history of human
				  activity within and adjacent to the Ocean SAMP area. These numerous sites and
				  properties, that are located both underwater and onshore, should be considered
				  when evaluating future projects.
B.
				  The Coastal Resources Management Council ("Council") has a federal obligation
				  as part of its responsibilities under the Federal Coastal Zone Management Act
				  to recognize the importance of cultural, historic, and tribal resources within
				  the state's coastal zone, including Rhode Island state waters. It has a similar
				  responsibility under the Rhode Island Historic Preservation Act. The Council
				  will not permit activities that will significantly impact the state's cultural,
				  historic and tribal resources.
C.
				  The Council will engage federal and state agencies, and the Narragansett Indian
				  Tribe's Tribal Historic Preservation Office (THPO), when evaluating the impacts
				  of proposed development on cultural and historic resources. The Rhode Island
				  Historic Preservation and Heritage Commission (RIHPHC) is the State Historic
				  Preservation Office (SHPO) for the state of Rhode Island, and is charged with
				  developing historical property surveys for Rhode Island municipalities,
				  reviewing projects that may impact cultural and historic resources, and
				  regulating archaeological assessments on land and in state waters. For other
				  tribes outside of Rhode Island that might be affected by a federal action it is
				  the responsibility of the applicable federal agency to consult with affected
				  tribes.
D. Project reviews will
				  follow the policies outlined in §00-1.2.3 of this Chapter "Areas of
				  Historic and Archaeological Significance" and in §00-1.3.5 of this Chapter
				  "Guidelines for the Protection and Enhancement of the Scenic Value of the
				  Coastal Region" of the State of Rhode Island Coastal Resources Management
				  Program, As Amended ("Red Book"). The standards for the identification of
				  cultural resources and the assessment of potential effects on cultural
				  resources will be in accordance with the National Historic Preservation Act
				  Section 106 regulations at 36 C.F.R. Part 800, Subpart B - Protection of
				  Historic Properties.
E. Historic
				  shipwrecks, archeological or historical sites located within Rhode Island's
				  coastal zone are Areas of Particular Concern (APCs) for the Rhode Island
				  coastal management program. Direct and indirect impacts to these resources must
				  be avoided to the greatest extent possible. Other areas, not noted as APCs, may
				  also have significant archeological sites that could be identified through the
				  permit process. For example, the area at the south end of Block Island waters
				  within the 30 foot depth contour is known to have significant archeological
				  resources. As a result, projects conducted in the Ocean SAMP area may have
				  impacts to Rhode Island's underwater archaeological and historic
				  resources.
F. Archaeological
				  surveys shall be required as part of the permitting process for projects which
				  may pose a threat to Rhode Island's archaeological and historic resources.
				  During the filing phase for state assent, projects needing archaeological
				  surveys will be identified through the joint review process. The survey
				  requirements will be coordinated with the SHPO and, if tribal resources are
				  involved, with the Narragansett THPO.
G. APCs may require a buffer or setback
				  distance to ensure that development projects avoid or minimize impacts to known
				  or potential historic or archaeological sites. The buffer or setback distance
				  during the permitting process will be determined by the SHPO and if tribal
				  resources are involved, the Narragansett THPO.
H. In addition to general Area of Particular
				  Concern buffer/setback distances around shipwrecks or other submerged cultural
				  resources, the Council reserves the right, based upon recommendations from
				  RIHPHC, to establish protected areas around all submerged cultural resources
				  which meet the criteria for listing on the National Register of Historic
				  Places.
I. Projects conducted in
				  the Ocean SAMP area may have impacts that could potentially affect onshore
				  archaeological, historic, or cultural resources. Archaeological and historical
				  surveys may be required of projects which are reviewed by the joint agency
				  review process. During the filing phase for state assent, projects needing such
				  surveys will be identified and the survey requirement will be coordinated with
				  the SHPO and if tribal resources are involved, with the Narragansett
				  THPO.
J. Guidelines for onshore
				  archaeological assessments in the Ocean SAMP Area can be obtained through the
				  RIHPHC in their document, "Performance Standards and Guidelines for
				  Archaeological Projects: Standards for Archaeological Survey" (RIHPHC 2007), or
				  the lead federal agency responsible for reviewing the proposed
				  development.
4.3.1
Marine
				  Archaeology Assessment Standards (formerly §440.1)
A. The potential impacts of a proposed
				  project on cultural and historic resources will be evaluated in accordance with
				  the National Historic Preservation Act and Antiquities Act, and the Rhode
				  Island Historical Preservation Act and Antiquities Act as applicable. Depending
				  on the project and the lead federal agency, the projects that may impact marine
				  historical or archaeological resources identified through the joint agency
				  review process shall require a Marine Archaeology Assessment that documents
				  actual or potential impacts the completed project will have on submerged
				  cultural and historic resources.
B.
				  Guidelines for Marine Archaeology Assessment in the Ocean SAMP Area can be
				  obtained through the RIHPHC in their document, "Performance Standards and
				  Guidelines for Archaeological Projects: Standards for Archaeological Survey"
				  (RIHPHC 2007), or the lead federal agency responsible for reviewing the
				  proposed development.